Bioethics in Nursing Practice ETHICAL ASPECTS OF NURSING PRINCIPLE OF AUTONOMY Morals Autonomy Self- governing Freedom to make choices about issues that affect one’s life Respect for persons; unique and valuable members of the society Free to choose and implement one’s own decision, free from lies, restraint or coercion Ethics Based on norms of conduct about right or wrong Society’s moral codes guide what people ought to do Professional codes such as the code of ethics for nurses, communicate the goals and ideals of the profession Science of ideals – what a person should do because it is the right thing to do Morality Application of Ethics Code of Ethics The “Code of Ethics for Nurses” BON Resolution 220 series 2004 o Provides guidance for carrying out nursing responsibilities consistent with the ethical obligations of the profession o If you violate any provisions in terms of the Code of Ethics, sanctions could be suspension or revocation of license o Always be on the safe side = respect of the person Professional Code of Ethics Nurses have a contract with society to behave in accordance with rules dictated by society and the nursing profession Nurse Practice Acts vs Code of Ethics Delineates nursing’s moral ideals, provides guidelines for ethically principled behavior and holds nurses morally accountable for their actions Ethical Principles Autonomy Beneficence Non-maleficence Veracity Confidentiality Justice Fidelity RESPECT FOR PERSON Most fundamental human right Foundation of all ethical principles Respecting the worth and value of a person Imago Dei (Created in the Image of God) “The human person ought to be respected always.” Every human being has an inner worth and inherent dignity. These he possesses not because of what he has or what he does but because of what he is: a human person As a human person, he must be respected regardless of the nature of his health problem, social status, competence, past actions Certain actions may never be done because performing them would constitute a violation against the person’s dignity * What we do in the hospital has legal and ethical implications * Everybody must be treated equally * We can be taught ethics but morality is always up to us University of Santo Tomas – College of Nursing / JSV This principle assumes rational thinking on the part of the individual and may be challenged when the rights of others are infringed upon by the individual * Lies, restraints, coercion = wrong decision * No matter what, we must let patients decide for himself * Autonomy is NOT absolute. Factors that affect decision: o Emotions o Time Consider this: What if the patient wants to do something that will cause harm to him/herself? Under what circumstances can the healthcare team intervene? Examples: Elsa goes to the doctor because she has a vaginal discharge. She however refuses to talk about her personal life Mia, 16, is afraid of injections and hospitals. She has acute appendicitis and needs surgery but she refuses PATERNALISM Deliberate restriction of people’s autonomy by health care professionals based on the idea that they know what’s best for the clients - can be justifiable at times o Not everything legal is ethical and vice versa Doing good should take precedence over autonomy PRINCIPLE OF AUTONOMY Competent for Decision Making 18 y/o and above Emancipated minor – self- supported, financially independent o Female – 18 o Male – 24 and below – parental consent Mentally coherent o 90 y/o – depends if mentally competent or not o Illiterate – CAN give consent Thumb mark and initials are NOT used as a signatures For + initials – not allowed o Signed by closest relative, patient gives the consent Consent – immediate family o Adult – Patient, spouse if married, children of major age o Below 18 – Parents, siblings, grandparents Who gives proxy consent? 1. Durable Power of Attorney o Designating somebody else to make a decision for me o Authorization Bioethics in Nursing Practice 2. Closest of kin o Adult – married - spouse, children of major age o Below 18 - parents, grandparents o No spouse - siblings, uncles/aunts Advance Directives Definition: an advance declaration by a person of treatment preferences if he or she is unable to communicate his or her wishes. Instructions for the future Living Will o Document that tells you what I want in the future in case I cannot make a decision anymore o Both oral and written are acceptable in the court of law – needs to be proved Durable Power of Attorney o Designates somebody else to make the decision for me in case in the future I cannot make a decision anymore o Authorization letter o Specific and with proof Health Care Proxy The doctor can decide: 1. Doctor can act as loco-parentis o Substitute parent o The doctor knows what’s best for you 2. If it is a matter of life and death 3. Court o Both oral and written are acceptable in court o If you want something to be respected, have it written o E.g. Jehovah’s witness 12 years old There are people who die because of their religious beliefs They’d rather die than go to hell Respect their values Examples: Carlo, 30-year old Jehovah’s Witness is admitted with massive GI bleeding. The attending staff tells him blood transfusion will save his life. He refuses because his religion does not allow it Respect autonomy There are people who die because of their religious beliefs Ernie enjoys listening to music. He plays his music loud even if his dorm mates are studying If it causes harm to others, stop the autonomy PRINCIPLE OF FREE AND INFORMED CONSENT It is a patient’s right to exercise freedom to make decisions for his/her health. Appropriate and necessary information are required so that medical protocols and management may be done for his interest. Assent Approval of the person of anybody below 18 y/o Aged 7 - 17 y/o Example: circumcision To protect the basic need of every human person for health care and the person’s primary responsibility for his or her own health University of Santo Tomas – College of Nursing / JSV 1. 2. No physical or psychological therapy may be administered without the free and informed consent of the patient, or If the patient is incompetent, the person’s legitimate guardian acting for the patient’s benefit and, as far as possible, in accordance with the patient’s known and reasonable wishes. Examples: Mikee’s parents chose her career and the school she is to study in Depends on Mikee’s age Yoly, a 21 year old daughter, is asked to donate her kidney to her dying mother Not a violation if voluntarily given Leah, a 6year old girl, is asked if she wants her painful tooth pulled out No need to ask for assent Elements of Informed Consent Disclosure o Procedure o Reason o Risks vs Benefits o Prognosis o Cost o Alternatives Understanding o Do not use medical jargons Voluntariness o Patient if mentally competent Competence Consent Nazi Experiments (WWII) Experiments on twin children in concentration camps were created to show the similarities and differences in the genetics and eugenics of twins, as well as to see if the human body can be unnaturally manipulated. Dr. Josef Mengele, who performed experiments on over 1,500 sets of imprisoned twins, of which fewer than 200 individuals survived the studies. The twins were arranged by age and sex and kept in barracks in between the test, which ranged from the injection of different chemicals into the eyes of the twins to see if it would change their colors to literally sewing the twins together in hopes of creating conjoined twins. Hypothermia Experiments In 1942 the Luftwaffe conducted experiments to learn how to treat hypothermia. One study forced subjects to endure a tank of ice water for up to three hours Another study placed prisoners naked in the open for several hours with temperatures below freezing. The experimenters assessed different ways of rewarming survivors. Infected Wounds July 1942-Sept 1943- experiments to investigate the effectiveness of sulfonamide, a synthetic antimicrobial agent, were conducted at Ravensbrück. Wounds inflicted on the subjects were infected with bacteria such as Streptococcus, gas gangrene, and tetanus. Circulation of blood was interrupted by tying off blood vessels at both ends of the wound to create a condition similar to that of a battlefield wound. Infection was aggravated by forcing wood shavings Bioethics in Nursing Practice and ground glass into the wounds. The infection was treated with sulfonamide and other drugs to determine their effectiveness. Tuskegee Syphilis Study The Tuskegee Study of Untreated Syphilis in the Negro Male was a clinical study, conducted between 1932 and 1972 in Tuskegee, Alabama, in which 399 (plus 201 control group without syphilis) poor — and mostly illiterate — African American sharecroppers were denied treatment for Syphilis. By the end of the study, only 74 of the test subjects were still alive. Twenty-eight of the men had died directly of syphilis, 100 were dead of related complications, 40 of their wives had been infected, and 19 of their children had been born with congenital syphilis. NUREMBERG CODE Nuremberg Code (1947)- foundation of all research ethics codes 10 principles Voluntary consent, results need to be of good to the society, animal experiments 1st, avoid unnecessary physical and mental suffering/ injury, should not be done if it will cause death/disability Risk vs benefits, proper preparations and adequate facilities, only on qualified patients, free to end participation, researcher must be prepared to terminate experiment at any time Placebo Practice - NOT acceptable Research - Acceptable as long as with consent BASIC ETHICAL PRINCIPLES Respect for Persons o Respect for autonomy and protection of persons with diminished autonomy Beneficence and Non-maleficence o Maximize benefits and minimize harm Justice o Equitable distribution of both burdens and benefits of research MEDICAL RESEARCH Declaration of Helskinski (1964, 1975, 1983, 1989, 1996, 2000, 2008) Developed by WMA - guidance to research not present in Nuremberg Code; for doctors doing research on their patients Belmont Report (1976) Medical and Behavioral Research Practice vs Research PRINCIPLE OF CONFIDENTIALITY Requires the non-disclosure of private or secret information with which one is entrusted ICN (2000) - “ the nurse holds in confidence personal information and uses judgment in sharing this information” An important component of autonomy - maintains dignity and respect for the person University of Santo Tomas – College of Nursing / JSV Do not the tell the diagnosis to those who are not directly involved – nurse aides and janitors o If directly involved – needs to know dx o If not directly involved – use standard precaution No need to mention the dx The following are subjects of Confidentiality and should not be revealed to anyone except for graver cause: 1. Private Secrets 2. Contractual Secrets o Secret comes first before the promise to keep the secret 3. Professional Secrets o Understanding at the very start that you will not say anything before the secret comes out Graver Cause: 1. Personal decision 2. Reportable cause 3. Legal case Breaches of Confidentiality Computerization of Medical Records Access to hospital patient charts Patients discussed by colleagues Mandatory Disclosure Communicable disease Child is physically abused o Report even if it is just a suspicion, report to SOCIAL SERVICES o Evidence of Child Abuse and Neglect Bruises in different stages of healing – “clumsy” o Black and blue – fresh o Yellowish - healing Bruises under the clothing Frequent hospitalization Child is guarded – withdraws from touch Quiet when parents are around but talkative when only healthcare providers are around Failure to thrive Child is sexually abused o Familiar with vulgar/ sex language o Inspect perianal area Abusers do not usually penetrate the vagina because it is easily detected by police/ hospital They usually penetrate the rectal area Vulnerable adults o Elderly o Mental incapacity Example: A 30-year old married man consults a physician complaining about his difficulty in urinating. He attributes this to what he had taken five days ago when he attended a convention. After examinations of his blood and urine, he was told that he has Gonorrhea. He was afraid that his wife might discover it. So he told the Doctor not to tell anyone, including his wife for fear the she might leave him. He loves his wife and family. The wife however, after a week, asks the doctor as to the condition of her husband because she was a bit worried why her husband does not want to make love with her. If you are the doctor, should you confide to the wife about her husband’s condition knowing that you know the obligation attached to the Principle of Confidentiality? Bioethics in Nursing Practice PRINCIPLE OF BENEFICENCE AND NON-MALEFICENCE * If stated in a positive manner, BENEFICENCE * If stated in a negative manner, NON-MALEFICENCE Avoid, prevent, not Healthcare Worker duties in Patient Care: 1. Duty to do or promote good 2. Duty to remove or prevent evil or harm. BENEFICENCE Duty to actively do good for patients Primary goal of healthcare is to do good for patients under their care Consider this: Deciding what interventions should be provided for patients when some of those interventions may cause pain Burn clients receiving mafenide acetate o Give analgesics prior to wound care o Stinging sensation when applied This principle may create a duty when the law doesn’t - Doing something out of duty at times Often conflicts with the principle of autonomy Beneficent act: A nurse prevents a patient from acting on suicidal impulses Good Samaritan Act Examples: Mon, a so-so swimmer, sees Marco drowning Jay brings her lunch to school every day. One day, she saw a thin boy watching her eat. The boy extends his hands asking for food Non-Maleficence Duty to prevent or Avoid Harm Whether Intentional or Unintentional Does not mean avoidance of harm altogether… avoidance of harm unless the action promises a greater good Different issues on euthanasia, withholding and withdrawing treatment and the use of artificial nutrition and hydration Consider this: Is it harmful to accept an assignment to “float” to an unfamiliar area that requires administration of unfamiliar medications? Is it acceptable to refuse an assignment? Go but choose patients that you could handle Only do something within your capability General Rule: If what you did is what a prudent nurse have done in the same situation, you are covered – Nursing Jurisprudence Examples: Tony has AIDS. He is bedridden and emaciated. He asks the doctor to give him medicine to end his life Perla has a lump in the breast. When she consults at a public hospital, the doctor asks 8 medical students to feel the lump University of Santo Tomas – College of Nursing / JSV Ben has a urethral secretion, which reveals gonorrhea. Clara, the clinic nurse on duty, is a good friend of Fe, Ben’s wife. Fe asks Clara for the result of the test Case: Nino, a 52-year old male is in coma in the ICU with a massive inoperable intracranial bleed. His attending physician orders IV fluid, medications, intubation and respirator support. He talks to the family to inform them of the poor prognosis and probability the patient is going to die in 1 week. The wife insists that all aggressive measures be done. She has 7 children but no means of support. What should the doctor do? A. B. C. D. Do as the wife insists If treatment is useless and impose excessive burden, recommend stopping the tx Transfer the patient to another MD Transfer patient to the Service ward PRINCIPLE OF PROPORTIONALITY Do all available means have to be used all the time? How long these means should be used? Is treatment effective? Will it impose unacceptable burden? Euthanasia & Assisted Suicide Orthothanasia – letting the incurably diseased person “die his own death’ while making no extra efforts to prolong his life. Passive Euthanasia – refraining of any medical treatment aimed at retarding death Active Euthanasia – terminating a person’s life in a painless way, at his request & with the intention to prevent person from suffering Withholding treatment is an act of omission while withdrawing treatment is an act of commission. Treatment is not only in terms of medications but also utilization of equipment, intubation, ventilators and feeding tubes PRINCIPLE OF BENEFICENCE AND NON-MALEFICENCE (Patient Benefit and Avoidance of Harm) Prologue of Hippocratic Oath “I will use treatment to help the sick according to my ability and judgment, but will never use it to injure or wrong them.” JUSTICE The duty to treat all patients fairly Equal treatment of equal cases and equal distribution of benefits - no discrimination on the basis of sex, race, religion, age and socioeconomic status Involves allocation of scarce and expensive health care resources Triage Medical screening of patients to determine their priority of treatment Colors o Red o Yellow o Green o Black Finite Resources Limited fund, medical supplies, healthcare services The needs of everyone, even if it’s due, cannot all be served Bioethics in Nursing Practice VERACITY Duty to tell the truth Fundamental to the development and continuance of trust among human beings - truth telling, integrity and honesty Consider this: Is lying to a patient ever justified? If a patient finds out that you have lied to them, will they have reason to trust you? FIDELITY Obligation of an individual to be faithful to commitments to him/herself and also to others Main support for the concept of accountability Keeping information confidential and maintaining privacy and trust Consider this: To whom to do we owe fidelity? Who has the right to access patient medical records? When should we “blow the whistle” on unsafe staffing patterns? Have continuing education – Professional Development Patient’s record – about the patient but owned by the hospital o Doctor’s permission o Medical records’ permission Case: The parents of 9-year old Kevin who is suffering from a metastatic bone cancer request that the child not be told of the illness. Should the attending doctor comply? Dr. E. Kubler Ross, the question: “Should we tell the child?” Should not be an issue, rather we should ask: “How do I share this with the patient?” A. B. C. D. The physician should comply Parents should have full decision control The physician knows what is the best for the child Parents should be allowed considerable time to accept seriousness of child’s condition and to be honest to their children ETHICAL PRINCIPLES AND NURSING CARE • Respect for human life in all stages • Safe, competent and compassionate care • Cooperation with fellow-workers • Responsible management of resources University of Santo Tomas – College of Nursing / JSV