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Patient’s Bill

of Rights and responsibilities


What is Patient’s Bill of Rights? TERMS/DEFINITIONs
 List of guarantees for those receiving medical
care.  INFORMED CONSENT
 Guarantees patients information, fair  Legal document that gives full knowledge of
treatment, and autonomy over medical risk/benefits of a certain action regarding the patient
decisions, among other rights.  Valid reasons for patient to receive informed consent:
 Mentally & physically competent and a legal
adult
 Voluntary without coercion
S No. 812 “Patient’s Bill of Rights in the  Thoroughly understands
Philippines”  Can answer questions or all questions
 It is a declared policy of the State to ensure answered
and protect the rights of patients to decent,  The patient will not be subjected to any procedure
humane and quality health care. Therefore, without his written informed consent except:
this proposed Magna Carta of Patients Rights  in emergency cases, when the patient is at
shall provide patients the basic rights imminent risk of physical injury
 when the health of the population is
dependent on the adoption of a mass health
13 Patient’s Rights in the PH acc. to DOH program to control epidemic;
 Right To Appropriate Medical Care And  when the law makes' it compulsory
 When the patient is: minor// legally
Humane Treatment
incompetent, in which case (third party
 Right To Informed Consent consent)
 Right To Privacy & Confidentiality  when disclosure of material information
 Right To Information to patient will jeopardize the success of
 Right To Choose Health Care Provider & treatment (third party consent)
Facility  When the patient waives his right in writing.
 Right To Leave  Third Parties:
 Right To Religious Belief  Spouse
 Right To Medical Records  Son or daughter of legal age;
 Parent
 Right To Self-determination
 Brother or sister of legal age
 Right To Refuse Participation In Medical  Guardian
Research  PROXY CONSENT
 Right To Correspondence & Receive Visitors  process by which people with the legal right to
 Right To Express Grievances consent to medical treatment for themselves or for a
 Right To Be Informed Of Rights And minor or a ward delegate that right to another person.
Obligations As A Patient  3 Fundamental constraints on this delegation:
1. The person making the delegation must
have the right to consent.
Obligation and Responsibilities of 2. The person must be legally and medically
Patients competent to delegate the right to consent.
 Know Rights 3. The right to consent must be delegated to a
 Provide Accurate and Complete Information legally and medically competent adult.
 2 Types of Proxy consent for adults
 Report Unexpected Health Changes
1. Power of Attorney to consent to medical
 Understand Purpose and Cost of Treatment care delegates the right to consent to a
 Accept Consequences of Own Informed specific person
Consent 2. Living will - a written statement detailing a
 Settle financial obligations person's desires regarding their medical
 Relation to others treatment in circumstances in which they
 Exhaust grievance mechanism are no longer able to express informed
consent
 CONFIDENTIALITY
 Right of an individual to have personal, identifiable
Virtues of a
medical information kept private. Such information
should be available only to the physician of record
and other health care and insurance personnel, as
necessary.
FIDELITY
 Exceptions to Confidentiality of Patient Records:
 Disclosure will benefit public health  keeping one’s promises. The nurse must be faithful and
and safety true to their professional promises and responsibilities by
 Interest of justice and upon the order of providing high quality, safe care in a competent manner.
court honesty
 when the patients waives in writing
 for continued medical treatment or adv  Honestly “Honestus” = to honor
ancement of medical science
INTEGRITY
 Integrity “enteros” = whole  Integrity can make a human
vices of a person whole or complete
 Practiced when HC provider does his duties and obligations as
a HC provider according to the beliefs, principles, and values
he claims to embrace and cherish
 He brushes away hypocrisy since he willfully adheres to the
ethical code of the profession he is practicing

fraud
humility
 Defined as false representation of fact, made with a knowledge
of its falsehood, or recklessly, without belief in its truth with  Humbleness
the intention that it should be acted upon by the complaining  HC provider ceases to think of his own needs as he transcends
party and actually inducing him to act upon it his attention to the needs and welfare of his patients
 HC provider does fraud when he tampers the medical records of
his patient, or willfully changes some data in the official record Respect
 An act through which one takes notice of others, regarding
pride them with special attention, esteem, care, or to consider them
 Defined as feeling of gratification arising from association with worthy of esteem and honor
something good or laudable
 Pride is the root of all vice/sin and the strongest influence compassion
propelling us to sin
 Pride is the sovereign of vices  Feeling of deep sympathy and sorrow for someone struck with
 HC provider laden with pride dishonors the HC profession. He misfortune, accompanied by desire to alleviate that suffering –
should counter it with humility so he can forget about his Random House Webster’s College Dictionary (2001)
achievements and focus on how to help his patient come to  Merciful feeling because nurse is expected to be sympathetic,
terms with recovery or well-being sensitive and manifest genuine sorrow to the patient’s distress
and suffering
Greed / Avarice
prudence
 Defined as the excessive desire for wealth or professions
 One of the Seven mortal sins in Catholic Religion  One of the cardinal virtues according to St. Augustine
 HC provider with greed might become disloyal to his patients,  Defined as an exercise of good judgement, common sense,
steal from them, or even display violence against them; and caution in the conduct of practical matters
betraying the inherent trust mandated to him  HC provider exercises wisdom, discretion, and carefulness to
avoid embarrassing and distressing situations as he fulfills his
task in the tour of his duty

Courage
 One of the virtues taught by Aristotle
 Quality of the mind or spirit that enables a person to face
difficulty, danger and pain without fear
 It also means confidence, resolution, and conscious self-
sacrifice for the sake of something greater than one’s own self-
interest
 HC provider should be bold in undertaking a very sensitive job
Basic ethical - E.G. person commits suicide jumping from a
building, killing a beggar by landing on top
of him. He is morally exempted because
that person had no intentions of such evil
effect but he is immoral for attempting to
end his life. He is, however, not legally
exempted because he is evidently
Stewardship responsible for the death of the beggar
 Panizo argued 4 conditions that must be presented for
 God gave humans the gift of life, intellect, and freedom. With a person to be allowed to perform the so-called
intellect, humans sought to discover the truth; with freedom, double effect act (an action that has good effects but
humans became creative also bad effects):
 Consequently, in the context of stewardship humans must respect 1. Action must be morally good in itself
the sanctity of life and the world 2. Good effect of the act must precede the
 Any act, therefore, that would defile the blessedness of life and evil effect
thee world is deemed against the principle of stewardship 3. There must be grave or sufficient reason in
 The principle of stewardship declares that human life comes from doing the act
God, and no individual is the master of his body. As stewards of life 4. Evil effect should not outweigh the good
and the divine gifts of nature, humans, to this extent are effect
accountable to life and the world - E.G. Pregnant women therapeutic terminates
pregnancy due to risk of cervical cancer
detrimental to her survival. The act itself is
TOTALITY morally good because of the assurance of her
 Principle that pursues the issue of the dignity of the whole good health which preceded the health of the
person, the integrity of human life. It demands respect for the fetus (bad effect of the operation). Although the
self and respect for others. fetus has intrinsic dignity, its future cannot be
 “Do unto others what you want others do unto you” by Kong yet ascertained compared to the mother who
Zi/Confucius in the Golden Rule may still later become pregnant, and deliver
 Sine quo non “without which not” – refers that respect is a and raise healthy babies
necessary condition for everyone so they can sustain their
place in the society as a nurse, physician or etc. Because they
are the building blocks of the society, without whom this COOPERATION
society will lack its vitality and totality
 Principle that nurse or healthcare providers
 Principles of totality can be seen in situations:
should pursue with prudence/ cautiousness
 Legislators draft and pass laws to punish violators of
only on matters that would protect the
the dignity and value of human life
integrity of the healthcare profession, and the
 Applied to the human body, specifically in the scope
interest and welfare of their parents
of health: It is acceptable that some people alter
 So a nurse should dispense herself from a
themselves (e.g. surgery) on the premise that the
cooperation that involves or results to her
intention is meant to safeguard the totality of the
personal and integral scandal or immorality of
well-being of the body
the healthcare profession
 The principle of totality can also be seem in the
 E.G Nurse should refuse cooperation in cases
context of the journey of human life, from conception
of abortion wherein it is done on the grounds
to the time of death: Test tube babies may lack the
of scandalous pregnancy (married woman is
issue of totality because they were not nourished by
impregnated by a different man or a single
the unique and amazing experiences of the varied
woman who wants to hide her pregnancy to
facts of existence by the natural born babies
save face)

DOUBLE-EFFECT ACT
 Principles that one act can embrace two effects – an intended
good effect and an unintended bad effect
 Glenn argues 3 conditions that make a person responsible for
the evilness of his actions:
1. Person foresees the evil effects of his actions
2. Person is free to refrain from doing that which the
cause of the evil effect
3. If person knows that he is morally bound not to do
that which is the cause of the evil effect
C O R E VA L U E S O F A Ethical

 "Deon" = duty DEONTOLOGY


Autonomy / self determination  Rightness or wrongness of the situation depends on:
a. What is known to be universally right/wrong given in
 Defined as the moral right to choose set of guidelines and rules
 3 Basic Elements of Autonomy: b. What is known to be our duty to fulfill (e.g.
 Ability to decide (having adequate information & Duty/promise not to cheat on your spouse)
intellectual competence) c. One's intention while doing the act "e.g. Difference
 Power to act upon one’s decision between murder & killing in self-defense“
 Respect for individual autonomy for others d. Does not depend on consequences
veracity  Immanuel Kant's work: groundwork of the metaphysic of morals
 is being truthful with patient; nurses must not withhold the = says that different answers on how we can discover our
whole truth from clients even if may lead to patient distress. duties, we should use 'pure reasoning'
 E.G. Male students are obligated to have a certain appropriate
Non-maleficence haircut in accordance to school rules to be able to enter the
campus (one fulfills his duty not based on what is pleasant or
 is doing no harm, as a stated in the historical Hippocratic Oath beneficial, but rather upon the obligation itself
concerning:
 Patients’ right to not be killed
 Patients’ right to not have bodily injuries or infliction
UTILITARIANISM
of pain
 Patients’ right to have confidentiality or confidence to  Ethical theory that determines right or wrong based on what
reveal to others action or outcome produces the greatest good for the greatest
 Negligence – consequences that are resulted from a number
conduct/action which falls below standard which occur in  fathers of utilitarianism: Jeremy Bentham & Stuart Mill
common grounds of:  Utilitarianism is relevant under teleological theory
 Failure to assure patient safety  E.G. Denying a single individual access to a heart transplant if
 Improper treatment/negligent performance the money could be spent on providing vaccine for thousands
 Failure to monitor patient and report significant
findings teleological
 Medication error  -"Telos" = end
 Malpractice – professional misconduct, or knowingly being  Theory that judges the rightness or wrongness of decisions
involved in procedures that result to unlawful medical practices based on outcomes or predicted outcomes
(intentional)  E.G. You spent many days prior the exams to do everything but
study, and on the day of the exam you come emptyhanded.
beneficence After the incident is when you realized that is was wrong that
you neglected to study because now the results are out and
 To do good & provide benefits to patient in ways of:
you've got a negative result.
 Fair play (e.g. considering to treat based on severity
of condition rather than beneficial gain)
 Keeping promises
 Role commitment – sticking to the oath of your
profession

Empathy / caring
 An innate instinct of human beings to take care to each
other.
 A nurse should be empathetic and have willingness to care
for their patients
Justice
 Nurses must be fair when they distribute care

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