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NCM 208 Bioethics - Midterms
NCM 208 Bioethics - Midterms
NCM 208 Bioethics - Midterms
Elements of Informed Consent Rights are necessary because every individual lives in a
1. Competence community of persons in relation. “No man is an island,” so
● This refers to a patient's capacity for decision- the saying goes. Man is a being with others in the world. For
making this reason, human life is more meaningful and worth living
● Able to decide for himself only in the presence and help of others, in communion with
others, and for the benefit of others. This holds true for all
A competent individual is: kinds of human relationships, including physician-patient
A. Can make decision relationships. A patient, like the physician, is an individual
B. ble to justify the decision human being endowed with reason and freedom: As such,
C. Able to justify decision in a reasonable manner he/she enjoys natural and inalienable rights, such as the right
to life and the right to privacy, among others.
2. Disclosure
● This refers to the content of what a patient is told
or informed about during the consent negotiation What is meant by a patient's right? In the medical context, a
● This is particular information about the procedure; Patient's right means the moral and inviolable power vested in
the benefits, pros and cons of undergoing a him as a person to do, hold, or demand something as his
specific procedure. own. By Nature, every person enjoys a moral and inviolable
power (i.e., right) to do, hold, enjoy, and exact those things
3. Comprehension proper to one's whole being. Every right in one individual
● This refers to whether the information given has involves a corresponding duty in others to respect for this right
been understood and not to violate it. As the patient enjoys some Nights, for
example, so the doctor must respect these rights. Duty,
4. Voluntariness
therefore, is the correlative of right. A right is something mine
● This means that the consent must be from his own
free will without being forced or yours, something that belongs to a person by nature; it is
● It must be voluntary without any negotiation. sometimes, but not always, reinforced by law. Hence,
everyone ought to respect another person’s right. The moral
2. Right to informed decision oughtness (or obligation) to do or omit something in favor of
● refers to the necessary information of an another according to the demands of strict justice is known as
understanding so a genuine deliberation is carried duty.
out lis before making moral decision on a medical
treatment From the foregoing, if the patient has the right to do, hold, or
demand something, it is the duty of the physician not to
3. Right to informed choice
interfere with this right; rather, he has the obligation to
● The patient has the right to be informed about all
perform or omit an action corresponding to the patient's right.
possible alternative courses of action to be taken,
together with the possible consequences. This obligation arises from strict justice—i.e., giving the
patient his own due by nature. Only in this way can equality
between one person and another—which is the essence of consideration in the discussion of patients’ rights in
justice—be realized and established. the medical context (1) right to informed consent; (2)
right to informed decision; (3) right to informed choice:
and (4) right to refusal of treatment.
TYPES OF PATIENT’S RIGHT
Right to Informed Consent
Right to Informed Choice ● The patient has the right to receive all necessary
information concerning diagnosis and treatment in
● The patient has the right to be informed about all
order to be able to give consent based on his/her
possible alternative courses of action to be taken,
value system. “Informed consent” refers to the
together with the possible consequences.
knowledge or information about and the consent for a
● “Informed choice” refers to the necessary information a
particular form of medical treatment, before that
patient should know about a medical treatment or
treatment is administered. The information should
experiment so that a moral ‘choice can be made. The
include the risks and advantages of any medical
patient has the right to be informed about all possible
treatment that concerns the patient.
alternative courses of action to be taken, together with
the possible consequences. In reality, however,
“informed consent, decision and choice” go together in Four Major Elements of Informed Consent
moral decision-making. As soon as the patient has
been informed about what the process involves and
1. Competence. This refers to a patient’s capacity for
has understood it, he/ she will either consent to it or
decision- making (Shannon: 1013; Beauchamps and
will not. Whichever is the case, a decision is made,
Childress: 66-82). One is considered competent when (a)
and whatever decision arrived at becomes the
one has made a decision (i.e., one can choose between
patient’s moral choice.
alternatives); (b) one has the capacity to justify one’s
choice (e.g. give reasons for one’s choice)—competence
Right to Refuse Treatment here requires some process of deliberation, justification,
and an articulation of why one has made this particular
● the patient has the right to refuse treatment to the choice; (c) one does not only justify one’s choice but does
extent permitted by law and to be informed of the so in a reasonable manner.
medical consequences of his action.
● In conjunction with the “Statement on a Patient's Bill 2. Disclosure. This refers to the content of what a patient
of Rights” presented by the American Hospital is told or informed about during the consent negotiation.
Association, “the patient has the right to refuse The patient must be informed and must understand the
treatment to the extent permitted by law and to be information concerning medical treatment to be
informed of the medical consequences of his action”. undertaken, so that a moral decision can be made. The
In many instances, a patient may refuse medical disclosure of the information must be conducted in such a
treatment because their religious convictions prohibit way that the patient understands the whole process and is
them from doing so (e.g., a patient who is a member aware of the possible outcomes of his/her moral choice.
of a particular sect may refuse to undergo blood Should there be a language barrier between the physician
transfusion). Many regard this right to refuse and the patient, an interpreter might be consulted to
treatment as fundamental in a free society, especially communicate the pertinent information,
among those who advocate the freedom or right to
die if and when the prevailing circumstances warrant 3. Comprehension. This refers to whether the information
it. Moreover, the invasion of, person's body (e.g., the given has been understood. The disclosure of information
patient) without valid consent is an assault, and is not enough; equally important is the comprehension of
physicians may be subjected to legal sanctions. that information. If the patient does not understand what
he/she has been told, then information has not been
relayed at all. Health care professionals have a
Right to Self Determination professional language and so they are expected to
● the patient as an autonomous individual has the moral translate their jargon so that it will be intelligible to their
right to determine what is good for himself, usually patients. They must be sensitive to their patients’ needs.
upon the advice of a health care provider
● (also known as the principle of autonomy) mentioned 4. Voluntariness. This means that consent must be
in Chapter One as one of the major themes in voluntary. The patient must of his own free will agree to
bioethical literature, is the central element in the become a research subject, as the case maybe. He/she
moral issue of patients’ rights. The patient, as an must make a choice without being unduly pressured by
individual person, has the moral right to determine anyone else, Being free in making a decision means that
what is good for himself. This-right is an important the patient owns the decision, that the decision is the
patient's alone, that the patient has chosen the option
based on the information disclosed to him/her.
LIMITATION OF PATIENT’S RIGHT
In the Medical Context
● Patient's rights do not include patient's rights to be
allowed to die.
● two methods of obtaining informed consent: ○ Under the concept of personal paternalism, the
1)written consent, Which is a consent form to be filled up physician may make the moral decision for and in
and signed by a patient as he/ She checks in for behalf of the patient who can no longer decide by
admission in a hospital. This practice, by all indications, and for himself, as in the case of a comatose patient.
appears to be only perfunctory, because the clerk or It is the sworn duty of the attending physician to do
admission personnel does not bother to explain the whatever is medically possible to save the patient's
content of the “consent form to the patient. Usually, the life.
latter will just sign it. ● Patients in a moribund condition does not possess the
2)verbal consent. Whenever the patient verbally signifies necessary mental, physical, or emotional stability to
his/her willingness to undergo medical treatment, make decision.
informed consent is met. Verbal consent is usually made ○ A dying patient, or one who lapses into
alter a physician has briefed the patient about the unconsciousness, becomes mentally incompetent to
medical process to be undertaken (Alfidi: 251-958). make a decision. In such a situation, the attending
i. physician may perform a paternalistic act for the
● In emergency cases, however, the following types of well-being of the patient.
patients need not require informed consent: (1) ● Patient's rights are not absolute
comatose or obtunded patients; (2) blind or illiterate ○ Paternalistic concern limits the competent adult
patients; (3) underaged patients or those unable to patient's freedom of choice (e.g., refusal of
understand the circumstances; and (4) language-barrier treatment) for his/her own good in order to prevent
patients. In principle, the parents, immediate relatives, harm from befalling that patient. This precept is
guardians, or next of kin should be informed when the enshrined in the Hippocratic Oath: “I will apply
patient is comatose, blind or illiterate, underage or dietetic measures for the benefit of the sick
unable to understand the language of the physician. In according to my ability and judgment; I will keep
actual experience, however, the expediency of the them from harm and injustice” (Beauchamp and
situation may be such that the physician, exerting a Walters: 138).
Solomon-like judgment, may not have time to consult the
patient’s next of kin. In emergency situations, for
instance, time is of the essence. An instant decision is a PATIENT’S BILL OF RIGHTS FROM DOH
matter of life and death. A physician's delayed action
may be fatal to a particular patient. 1. Right to appropriate Medical care and Humane
treatment
2. Right to informed consent
Right to Informed Decision 3. Right to privacy and confidentiality
4. Right to information
● Information and understanding are necessary for 5. Right to choose health care provider and facility
genuine deliberation. The patient cannot make a moral 6. Right to self determination
decision unless these two important elements are 7. Right to religious belief
present. “Informed decision” refers to the necessary 8. Right to medical records
information and decision on medical treatment before 9. Right to leave
the latter is carried out. 10. Right to refuse participation in medical research
● The patient must be informed about the whole process 11. Right to correspondence and to receive visitors
and must understand what this information pertains to 12. Right to express grievances
so that an appropriate moral decision can be arrived 13. Right to be informed of his rights and obligations as a
at. patient
Clinical Autonomy
● is the nurse’s authority to make independent
judgments about patient care. Clinical autonomy
MORALS encompasses the nurse’s right to freedom and
● An individual's own code for acceptable behavior discretionary practices within their scope of practice,
● They arise from an individual's conscience which promote positive patient outcomes.
● They act as a guide for individual behavior ● e.g. vital signs, doing nursing procedures
● They arise from individual’s conscience (catheterization) – autonomous action to do what is
good to the patient
ETHICS
Practice Autonomy
● is the type of autonomy in nursing that describes the ● Ex. But when you check a medication label multiple
nurse’s influence over their practice setting. Decisions times to make sure that it's the right med, the right
about organizational rules, policies, procedures, dose, the right route. In this case, you're performing
structure, and operation are included in Practice non-maleficence because you are working to avoid
Autonomy. causing harm through a medication error.
● rules set by the hospital (remind watchers about the
visiting hours, don’t bring formula) JUSTICE
● Hospitals have different rules and procedures
● Every individual must be treated equally
● This requires nurses to be nonjudgmental
Clinical Practice Sample ● Provide equal treatment
● Administering PRN medications ● Hippocrates oath
● Changing the positions of the bed ● Tream equally not based on economic status
● Checking vital signs when concerned about the
● to treat fairly and equally
patient’s state
● Nurses provide care equally amongst patients.
● Delegating tasks to Nurse aide
● Ex. if I have a four patients and one of them has really
● Making decisions in emergency health situations, i.e.
great insurance, has no insurance, has state-
providing CPR
subsidized insurance, and the other one has kind of
● E.g. Change the position of the bed to ease the pain
middle-of-the-road wherein as a nurse you’re not
and promote comfort
providing care differently based on that and you’re not
● Do not wait for the doctor, you as a nurse already
providing care differently to these patients based on
know what to do
their race, their sex, and their gender orientation.
● Ex. if you have a patient who has a certain personality
BENEFICENCE
disorder or something else going on, Thus, as a nurse,
● This principle means “doing good” for others you just need to kind of recognize your own feelings
● Nurses need to assist clients in meeting all their needs regarding that patient. And you do need to distribute
● Biological - provide side rails your care equitably, despite those challenges.
● Psychological - encourage to verbalize their pain
● Social - communicate to the patient Two Types
● means promoting good 1. Comparative - determine how healthcare is delivered
● to help our patient and assist them in a therapeutic at the individual level. It looks at the disparate
way. treatment of patients on the basis of age, disability,
● Ex. if you took a patient outside to get fresh air gender, race, ethnicity, and religion
because they've been cooped up in the hospital for ● Comparative - e.g. elders first before young ones
weeks. ○ As the population of the elderly people
increase, funds for this age group also
increases
NONMALEFICENCE
2. Non-Comparative - healthcare services are
● Requires that no harm be caused to an individual, distributed equitably throughout society
either unintentionally or deliberately
● This principle requires nurses to protect individuals
who are unable to protect themselves
● Examples: Principles of Justice
○ the patient is blind, set certain nursing priorities
○ Don’t prolong the BP cuff ● To each person an equal share
● To each person according to need
● avoiding harm. ● To each person according to effort
● non means against, and mal means bad. ● To each person according to contribution
● So do not do harm which is essentially to avoid ● To each person according to merit
causing harm. ● To each person according to free market exchanges
● This principles implies “truthfulness”
Justice Different Criteria of Inclusion and ● Veracity is an important component of building trusting
Selection relationships
● Constituency - a body of customers or supporters. ● Nurses need to be honest to the patients
○ E.g. Privileges given only to members or
specific group ● means to tell the truth.
● Random Selection - a representative / a person is ● Ex. "So I'm doing chemotherapy, but the side effects
selected from a larger group by chance. aren't bad, right?" veracity means that I should say,
○ Eg. Draw lots/ first come first serve basis "Well, here are the side effects, and here's what you
● Success of treatment- chosen base on good can expect."
prognosis/ best outcome
○ Eg. Better survivability. BENEVOLENT DECEPTION
● Life expectancy- number of years a person can
● A common medical practice, is the act of clinicians
expect to live
withholding information concerning diagnoses in order
○ Eg. Preterm baby vs term baby
to avoid causing patients emotional distress.
Teenager with cancer vs old age with
● False suggestion - filter out suggestion
complicated diagnosis Teenager will be
● Euphemism - instead of tumor, we call it growth of
prioritized since its more likely to live
tissue to make the conversation light
longer than the latter
ADVOCACY
FIDELITY
● Is something that you will do all the time as a nurse.
● The promise to fulfill commitments
● Ex. if we see a concerning thing or an alarming
● Includes the professionals faithfulness or loyalty to
condition come up with the patient, we need to reach
agreements & responsibilities accepted as part of the
out to the provider and get that patient the help they
practice of the profession
need.
● Mainly talks about loyalty
● We nurses have to be loyal to our patients
● Loyalty and faithfulness
ACCOUNTABILITY
○ Being feeling close, agreements between ● Individuals need to be responsible for their own actions
the nurse and the patient ● Nurses are accountable to themselves and to their
colleagues
● means to be faithful or loyal.
● Being accountable for mistakes made
● In nursing practice, it is someone who keeps their
promises.
● Ex.I 'm coming back in 30 minutes to check on your
REPARATION
pain, I'm either coming back, or I'm going to send ● This is a duty to make up for the injuries one has done
somebody to check on you if I get tied up in another to others.
room. ● Ross describes this duty as "resting on a previous
wrongful act"
CONFIDENTIALITY
● Anything stated to nurses or healthcare providers by
patients must remain confidential
GRATITUDE
● The only times this principle may be violated are: ● The duty of gratitude is a duty to be grateful for
○ If patients may indicate harm to themselves or benefactions done to oneself and if possible to show it
others by benefactions in return.
○ If the patient gives permission for the ● Duties of gratitude: these are duties to repay or redo
information to be shared favors or simply thank others for their kindness
● Remain confidential towards us.
● Respect the privacy of the patient
ETHICAL DILEMMAS
VERACITY
● Occur when a problem exists between ethical
treatment acceptable desired
principles decision outcomes
● Deciding in favor of one principle usually violates have been
another reached
● Both sides have “goodness” and “badness” associated
with them Collect the Identify Use of Re-evaluate
facts Decision- discussion and as
Makers negotiation necessary
ETHICAL CONSULT
What values List and
● Ethics consult can help:
are in rank the
○ Discover and understand the issues conflict options
○ Serves as a forum for sharing concerns and
questions
○ Identifies possible treatment alternatives ● Planning - present best options but the relative will
○ Provides guidance to the staff, patient, and family decide
members ● Implementation - this is where they decide
○ Resolves conflicts ● Evaluation - goal met or not
● Ethics consult serve also as ethics committee
CASE #1
ETHICAL DECISION MAKING PROCESS ● Patient 89 years old, male with Hyperkalemia,
● Describe the problem ESRD, HTN, and Bladder Cancer.
● Gather the facts
● Clarify values
○ What are these situations?
● Note reactions
○ What did the patient say and do? What did
the doctor say? What did the nurse say?
● Identify ethical principles
● Clarify legal rules
○ Rules inside the hospital
○ Are we obeying the rules and policies of
the hospital?
○ Are there any actions made that did not
observed those rules RESOLUTION
● Explore options and alternatives
○ Instead of being extensive, we explore
other options and alternatives
○ We provide first the options and
alternatives to the patient
● Decide on a recommendation
○ What can we recommend on the
healthcare site
● Develop an action plan
● Evaluate the plan
APPROACH
● meet the new attending physicians to the ethics
ASSESSMENT PLANNING IMPLEMENTATION EVALUATION
committee because it is out of control
Am I Determine Work towards a Determine ● Then, provide ways how to inform about the
involved? goals of mutually whether patient’s prognosis
■ we function according to our
CASE #2 responsibilities. Individual
● Patient 88 years old, male with extensive medical responsibilities.
history including end stage Parkinson’s disease. ● Oriented to the organization or system
○ Reflects the value of collectivism
■ collectivisim - giving the group as
priority, manage as a group and not an
individual.
○ Leaders in health care organization that we hold
the point of service as their priority and seek the
input of nurses in setting collective values
Social
● Nurses help people and their families cope with illness
PRINCIPLE OF STEWARDSHIP AND
and deal with it
ROLE OF NURSES AS STEWARDS
● Nurses innovate
● Nurses provide ongoing assessment of people’s health
STEWARDSHIP ● Not only cure but also give information to the
patients
● Stigward - Warden of a house
● Assess the totality in their community
● Health Care Practice - to look after, provide
necessary health care services, and promote the
health and life of those entrusted to their care
Ecological
● State - Oriented Definition - responsible for the ● The nursing profession is well positioned to tackle the
welfare and interests of the population, especially the challenges of waste reduction within the hospital
trust and legitimacy with which its activities are viewed ● Nurses educate, research, and leading in waste
by the general public reduction
○ something in the community, has people and
organization Biomedical
● Deals with the ethical implications especially in
NURSE LEADERS AS A STEWARDS medicine
● Oriented to self ● It involves issues relating to the beginning and end of
○ Reflects the value of individualization human life
○ Perceive themselves as the decision makers and ● E.g. euthanasia
others as implementers
○ feed the patient despite being severely
deformed
TOTALITY PRINCIPLE
● Understand what is your role - responsibility to ● The principle of totality states that all decisions in
prolong or preserve the life of the baby/patient medical ethics must prioritize the good of the entire
person, including physical, psychological and spiritual
PRINCIPLE OF ORDINARY AND factors.
EXTRAORDINARY MEANS ● Ethico Moral
○ talks about surgical conscience
○ e.g. must be sterile all the time
Ordinary Means
a. Ethico-Moral Responsibility of Nurses in Surgery
● Are all medicines, treatments and operations that offer
b. Sterilization and Mutilation - sterilization refers to
a reasonable hope of benefit and that can be obtained
any process that eliminates, removes, skills, or
without excessive expense, pain or other
deactivates all forms of life and other biological agents.
inconvenience
● Female genital mutilation (FGM) comprises all
○ Ex. the patient rushed in the emergency room.
prcoedures that involve partial or total removal of
Patient needs a stat surgical procedure.
the external female genitalia, or other injury to
the female genital organs for non-medical
Extraordinary Means
reasons.
● Are all medicines, treatments and operations that ● Sterilization - the effect of this will avoid
cannot be obtained or used without excessive contamination and infection to the patient
expense, pain or other inconvenience or that, if used c. Preservation of Bodily Functional Integrity
would not offer a reasonable hope of benefit d. Issues on Organ Donation - organ donation is when
● Medical procedure which no longer respond to the a person allows an organ of their own to be removed
situation of patient and transplanted to another person, legally, either by
○ Either they are proportionate and bring burden consent while the donor is alive or dead with the
to the family assent of the next kin. Donation may be for research
or more commonly, healthy transplantable organs and
tissues may be donated to be transplanted into
● E.g. Stroke another person
1) Ordinary - give medication, insert nasogastric tube, ● Organ Donation - each organ constitutes to the totality
IVF medications of the person.
● Ordinary - kaya lang (achievable)
2) Extraordinary measures - option of surgical
procedure for your patient; however, this will cost not
PRINCIPLE OF PERSONALIZED SEXUALITY
only the life but also the financial state and burden to
the patient. ● Take note of a humanized sexuality, one that
● Extraordinary - options (given to the relatives) represents the fulfillment of physical and sensual need
but also evidenced with love and sacramental mystery
● Is based on the understanding of sexuality as one of
PRINCIPLE OF DOUBLE EFFECT the basic traits of the human person and must be
● Double effect means that our actions sometimes have developed in ways consistent with enhancing human
two effects (or outcomes): one that was intended and dignity
one that was predictable but not intended ● This element of human character often leads to a loss
● The principle of double effect explains when we are of human dignity and an inability to pursue the truly
allowed to accept a morally bad effect as a fulfilling goals of human life
consequence of trying to bring about a morally good
outcome ● Sexuality talks about sex
● E.g. abortion ● Sex is something pleasure and satisfaction
○ Social stigma ● Achieve a complete humanity
○ killing the baby to save the life of the mother ● Social necessity - for the purpose of procreation but be
abounded to marriage to be legally engaged in this act
● Genesis 1-3
● Teaches that God created persons as male and
female and blessed their sexuality as a great and good
gift
● Jesus confirmed this teaching and perfected it by
affirming that men must be faithful in marriage as
women
● Nevertheless, Jesus also taught that although
sexuality is a great gift, its use in marriage is only a
relative value, which can be freely sacrificed for the
sake of higher values “for the kingdom of GOD”
● Talks about men as faithful and belief
● 1 COR 7:25-35
● For the Christian, the celibrate or single life, with its
freedom from domestic cares to be of service to
others, can be a personally mature and fulfilling
married life.
● Talks about virgins and single
● If you’re single your responsibility is to do good and
please the lord.
JEWISH-CHRISTIAN TRADITION
● Sexuality is always seen in relation to the family as
the basic unit of the community and which are
born and educated to and on which the community
is built.