NCM 208 Bioethics - Midterms

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3.

with regards to promotion of good and prevention


UNIVERSAL BIOETHICAL PRINCIPLES of harm
A. positive paternalism - for the promotion of good
A. AUTONOMY B. negative paternalism - for the prevention of harm
- This principle marks the significance of individual
autonomy which mandates a strong sense of personal 4. with regards to patient's sense of values
responsibility for one's own life. A. soft paternalism - patient's values are used to
Words ni sir: justify the intervention
- Self governing, the ability to make own decisions B. hard paternalism - patient's values are not used
without any external control. to justify paternalistic acts
- Give care to your patients based on your own
opinion on what should be done. 5. with regards to the recipient of the benefit
A. direct paternalism - the individual who should
ELEMENTS OF AUTONOMY receive the said benefit is the one whose values
A. Person should be respected are disregarded for his own good
B. He should be able to determine his personal goals. B. indirect paternalism - a particular individual will
C. He should have the ability to decide on plans of actions benefit if he is restricted from doing something
D. He should have the freedom to act upon his choice
6. Personal paternalism
PATERNALISM - when an individual decides on the basis of his best
- From the greek word “pater” or “paternos” which means knowledge and capacity for the good of another
being fatherly person.
- The act of being fatherly to someone as if the latter was
one’s offspring 7. State Paternalism
- It violates the principle of autonomy - refers to the control exerted by the legislature,
agency, or any governmental bodies over a
TYPES OF PATERNALISM particular practice and procedure
1. With regards to recipients welfare - This are the rules and policies within this state
● Ano yung ginagawa mo for your significant others.
A. Pure paternalism
- Justifies interventions into a person's life for the
PATIENT’S RIGHT
sole welfare of that person. - the moral and inviolable power vested in a person to
- Purely beneficial to other people do, hold, or demand something as his own.
B. Impure paternalism - something that by nature belongs to a patient
- not only for the welfare of that person but also for
others. TYPES OF PATIENT’S RIGHT
1. Right to informed consent
2. With regards to recipients defects and safety ● relates to a process by which patients are informed
A. Restricted paternalism of the possible outcomes,alternatives, and risks of
- Support intervention which overrides and treatments, and patients are required to give their
consent freely.
individuals actions because of some defects or
● Very common in the hospital procedure
weaknesses ● We need to provide the patients acceptance that
- Example, you cannot swim or dive because the patient allow us to carry out the procedure and
sasakit yung ears natin. You can still swim but you that he knows the possible outcomes of such
cannot dive procedure.
B. Extended paternalism
- an individual is restricted from doing something ● Types of Consent
1. Admission Agreement
because it is too risky or dangerous.
● prior to admission so that the patient will abide by
- For example, pregnant women cannot ride a bike the hospital policies. Example; no bringing of knife
or even participate in a long run or marathon or sharp objects, no bringing of durian.
because it is very risky for the child.
● The patient allows the hospital to take care of the ● "If we don't take option 1, what would be the other
patient regardless of the procedures. options"
2. Blood transfusion consent ● The patient has the right to be informed with
● given prior to the administration of blood products different types of choices.
for your blood transfusion.
3. Surgical Consent 4. Rights to refuse treatment
● Common in OR ● the patient has the right to refuse treatment to the
● This is submitted before the operation, to ensure extent permitted by law and to be informed of the
that the patient is aware of the possibilities and medical consequences of his action.
outcomes after the procedure
4. Research consent 5. Right to self-determination
● Submitting yourself to the study of vaccines or new ● the patient as an autonomous individual has the
drugs moral right to determine what is good for himself,
5. Special Consent usually upon the advice of a health care provider
● Procedures that are not common or unique.

Functions of Informed consent PATIENT’S RIGHT


1. To avoid fraud and duress
2. To encourage self- scrutiny by professionals ● the moral and inviolable power vested in a person to
3. To foster rational decision making do, hold, or demand something as his own.
4. To involve the larger society in the debate ● something that by nature belongs to a patient

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

In short, as the patient consents to undergo treatment,


he/she decides on it; as the patient makes a decision, PROXY CONSENT
he/she makes a choice between two or more alternatives. ● The process by which people with the legal right to
Thus, the emphasis on “informed consent” involves the consent to medical treatment for themselves or for a
information and agreement or disagreement, consent or minor or a ward delegate that right to another person.
nonconsent; “informed decision,” the information and the
decision made; and “informed choice,” the information and
the choice taken from among several alternatives.
3) The highest conception of the physician-patient
FUNDAMENTAL CONSTRAINTS ON THIS relationship is a personalistic one which is based on
DELEGATION mutual confidence and respect for each other’s rights.
4) To deny a patient pertinent knowledge about himself,
1. The person making the delegation must have the right
especially in a life and earth situation, is to deprive him
to consent
the ample time to prepare for his own death or to carry
2. The person must be legally and medically competent to
out responsibilities that are based solely on his
delegate the right to consent
decision or actions.
3. The right to consent must be delegated to a legally and
medically competent adult.
BENEVOLENT DECEPTION
CONFIDENTIALITY AND PRIVACY ● Practitioner is allowed intentionally withhold information
ARE INTERRELATED based on his/her “sound medical judment” that to
divulge the ifnormation might potentially harm the
● Confidentiality - nondisclosure of private or secret depressed and unstable patient for an unpleasant fact -
information about another person with which one is there is a right time to tell the truth to the patient
entrusted. It requires that one maintain the privacy of
another.
● Privacy - refers to the right of the individual to control
TWO APPROACHES OF TRUTH TELLING
the personal information or secrets that are disclosed 1) Person-centered - considers patient as a person with
to others. It is a fundamental right of individuals. a problem, but not as a problem himself/herself
2) Problem-centered - considers the patient’s condition,
illness or diseases
B. BENEFICENCE
● The practice of doing acts of goodness, kindness and
charity
TYPES OF RELATIONSHIPS
● The beneficence principle states “do not harm and (MARTIN BUBER)
produce the good” or “do good and do no harm” ● “I-it” - it is a relationship describes a person’s
● This basically talks about the benefits of the patient relationship with things, objects, or “its”
such as doing good things for the benfit of the patient
● “I-THOU” - defines our relationship with other persons
● Beneficence: you have to do good
or subject
E. CONFIDENTIALITY
C. NONMALEFICENCE
● It is an important aspect of the trust that patient place
● Hippocratic oath: “I will never use treatment to injure or in health care professionals
wrong the sick”
● This seems to be similar to the duty of beneficence,
where the practitioner work to minimize the good for
CONFIDENTIALITY VS. PRIVACY
the patient and to minimize harm ● Privacy - refers to the right of an individual to control
● Nonmaleficience: you don’t do any harm the personal information or secrets that are disclose to
others
● Confidentiality - demands nondisclosure of private or
D. VERACITY secret information about another person with which
● Relates to the practice of telling the truth one is entrusted
● Binds both health practitioner and patient in an
association of truth JUSTIFICATION OF VIOLATION OF
CONFIDENTIALITY
JUSTIFICATION OF TRUTH TELLING a. When keeping the secret would be detrimental to the
1) It is argued that our human and moral quality as common good.
persons is taken away from us if we are denied b. When the subject of the secret intends to inflict grave
whatever knowledge is available about our condition as injury upon an innocent third party.
patient. c. When it is necessary for the subject of the secret to
2) As patient, we have entrusted to the physician any avert grave injury
knowledge he has about ourselves, so the facts d. When it is necessary for the one keeping the secret to
(findings) are ours and not his, hence to deny them to
us is to steal from us. avoid injury.
baby kay naay health risks or complications sa
F. FIDELITY baby and mother.
● Loyalty, trustworthiness, reliability, faithfulness ○ It depends on the situation, mao na ang
● It requires that health care practitioner should practice principle sa double effect.
faithfully within the constraints of the role ETHICAL CONSIDERATION
● Doing the role of a nurse faithfully, doing the job with
a. Good effect must be directly intended.
excellence (your fidelity)
b. Good effect or bad effect must occur simultaneously or
● To promote trustworthiness where the patient can
bad effect must follow the good effect
reply on with all the faithfulness and loyalty to the
c. Bad effect may be permitted to occur after the intention
benefit of the patient
of good effect.
G. JUSTICE ● These are the considerations of the principle of the
double effect
● Rendering of what is due or merited
I. PRINCIPLE OF STEWARDSHIP
TWO TYPES OF JUSTICE ● It refers to the expression of one’s responsibility to take
1. Comparable justice care of, nurture and cultivate what has been entrusted
● What a particular patient receives is determined to him.
by the gravity of the condition or need. ○ This talks about one’s responsibility to take
● If the patient needs immediate or delicate care,
care
we give it to the patient according to the gravity of
the condition of the patient ○ Personal
2. Noncomparable justice ○ Social
● Distribution of goods/resources is determined by a ○ Ecological
certain standard ○ Biomedical
● Under the rules, we give what is right for the
patient. J. PRINCIPLE OF TOTALITY
CRITERIA OF DISTRIBUTION ● The whole implies the existence of its part
1. Criteria of inclusion - selection of candidates ● The existence of parts indicates the existence of the
● Talks about criteria whole
● How we give justice or care to the patient ● Consider the entire person when deciding which
a. Constituency - is the person a member of the therapies, medication or procedures a patient should
community? receive
b. Progress of Science - can new knowledge be ○ During the treatment of a patient, we need
gained from the case?
to consider the patient, not just about the
c. Success - is the treatment effective?
2. Criteria of Comparisons money, not just about the effect of the
a. The likelihood of successful treatment compared patient but about the moral, the
with others in the group standpoint.
b. Life expectancy of the person ● St. Thomas Aquinas
c. The person’s family role ○ A member of the human body is to be disposed of
d. The potential of the person in making future according as it may profit the whole… if a member
contribution.
is healthy and continuing its natural stare, it cannot
e. The person’s record of services or contribution.
3. Random Selection (James Childress) be cut off to the detriment of the whole…
a. First come first serve basis ● The whole implies the existence of its part
b. Lottery ● The existence of parts indicates the existence of the
● Or handpick, which to one to serve first whole

H. PRINCIPLE OF DOUBLE EFFECT K. PRINCIPLE OF SOLIDARITY


● An act is foreseen to have both good and bad effects ● Professionals must be nurture and support the
○ Kanang ani sya guys, naay pregnancies diba principle of one organization for all the members
na dli good for the mother, so tagaan ug option ● Professionals are obliged to put a broader interest of
si mother if ipa abort or i keep, if i keep ang the profession above one’s personal ambition and
preference.
● We have to work together in one organization to
make the treat successful for our patient
L. PRINCIPLE OF COOPERATION
● Cooperation comes from the latin word cum which
means “with” and operari which means “to work”
● Cooperation is working with another in the
performance of an action

APPLICATION OF ETHICAL THEORY


● Natural law ethics regards the right to informed
consent as morally legitimate, Should a patient decide
to give his/her consent, it must given freely and not the
consequence of intimidation, deception, or coercion.
Under the principle of stewardship and the inviolability
of life, natural law ethics seems to be against the
patient's right to refusal of treatment if the latter means
an act of commission and/or an act of omission which
results in self-killing (suicide) or euthanasia.
● With Kant’s ethical principle that we must always be
treated as ends and never only as means, patients
must not be deceived by their physicians, no matter
how good their intentions may be. As rational and
autonomous individuals, patients have a right to be
told what they are getting into so that they can decide
whether they want to go through with it or not.
● Utilitarianism’s principle of utility requires health care
professionals to design medical treatment in a way that
minimizes suffering and harm. As far as informed
consent is concerned, utilitarianism does not seem to
require it. If more social good is to be gained by
making patients research subjects without receiving
their consent, then it is morally legitimate.
● Rawls’s principles of justice do not allow medical
treatments or experiments that violate freedom which a
patient is entitled to by virtue of being a member of
society. All experiments and medical treatments that
make use of coercion and deception are ruled out.
Inasmuch as a patient has a right to decide what risks
he/she is willing to undergo, voluntary informed
consent is required of all subjects of research.

PRINCIPLES OF ETHICS IN RESEARCH

1. Minimizing the risk of harm


● Types of Harm:
a. Physical harm to participants
b. Psychological distress and comfort
c. Social disadvantage ● Deception is sometimes a necessary component of
d. Harm to participants? Financial status covert research, which can be justified in some cases
e. An invasion of participants’ privacy and anonymity where:
a. The identity of the observer (is not used or only
● To minimize harm: aliases)
a. Obtaining informed consent from participants b. The purpose of the research is not known to
b. Protecting the anonymity and confidentiality of participants
participants
● dissertation research - talks about safety
c. Avoiding deceptive practices when designing your
● covert research - talks about identity, data was correct
research
but the information was wrong or covert.
d. Providing participants with the right to withdraw
■ It talks more about safety
from your research at any time

4. Providing the right to withdraw


2. Obtaining informed consent
● Research participants should always have the right to
● Participants should be volunteers, taking part without
withdraw from the research process
having been coerced and deceived.
● Participants should have the right to withdraw at any
● Participants should understand:
stage in the research process.
a. They are taking part in research
● They should not be pressured or coerced in any way to
b. What the research requires of them
try and stop them from withdrawing
● responsibilities and boundaries
c. Purpose of the research, the methods being ● This doesn’t mean that you should stop, but rather
used, the possible outcomes of the research, explain the procedure to the patient
as well as associated demands, discomforts, ● Right of the patients to have autonomy
inconveniences and risks that the participants
may face
NUREMBERG CODE
● process of the research, be truthful at all times
when doing research. Let participants know as ● Formulated in August 1947, in Nuremberg, Germany,
well any discomforts and incovenience while by American judges sittin in judgment of Nazi doctors
doing the research such as pros and cons. accused of conducting murderous and torturous
Include also the good and bad. human experiments in the concentration camps (the
so-called Doctors’ Trial)
● Informed consent - protect researchers and the rights
of the participants. Here, they are able to refuse ● This is where informed consent started
● The research became humanitarian
3. Protecting anonymity and confidentiality
1. The voluntary consent of the human subject is
● Participants will typically only be willing to volunteer absolutely essential
information, especially information of a private or ● This means that the person involved should have
sensitive nature, if the researcher agrees to hold such legal capacity to give consent
information in confidence.
● Include the data instruments in the informed consent. ● Key word: voluntary, willing, and legal
Participants should be informed that their data are ● Should be legal age and should have sound mind, able
secured as well. to think rightfully about themselves without mental
● Ask the participants if it’s ok to put their real name or challenges
put an alias to protect the name of the px.
2. The experiment should be such as to yield fruitful
3. Avoiding deceptive practices results for the good of society, unprocurable by
other methods or means of study, and not random
● In most circumstances, dissertation research should and unnecessary in nature.
avoid any kinds of deceptive practices
● There are alternatives for such research or study
● There should be fruits or result.
3. The experiment should be so designed and based
on the results of animal experimentation and a 9. During the course of the experiment, the human
knowledge of the natural history of the disease or subject should be at liberty to bring the experiment
other problem under study, that the anticipated to an end, if he has reached the physical or mental
results will justify the performance of the state, where continuation of the experiment
experiment. seemed to him to be impossible.

● e.g. lab rats. ● The participants should be mentally stable during


● We take into the consideration the safety of the the gathering of data.
participants and researchers
● Theres a limitation including the severity and if it 10. During the course of the experiment, the scientist
is highly infectious so we should take into in charge must be prepared to terminate the
consideration the safety when conducting the experiment at any stage, if he has probable cause
research. to believe, in the exercise of the good faith,
superior skill and careful judgment required of him,
4. The experiment should be so conducted as to that a continuation of the experiment is likely to
avoid all unnecessary physical and mental result in injury, disability, or death to the
suffering and injury experimental subject.

● Be sensitive when asking questions ● Must be able to terminate —- at all states


● Ask patient first if able to handle such personal Summary: Values not only the life, but also the safety
questions of the participants
● Consider the mental well being of the participant.
If able to understand the research. DECLARATION OF HELSINKI
5. No experiment should be conducted, where there ● Developed by World Medical Association (WMA) at
is an a priori reason to believe that death or Helsinki, Finland, June 1964
disabling injury will occur; except, perhaps, in ● ethical principles for medical research involving human
those experiments where the experimental subjects
physicians also serve as subjects ● the Declaration is addressed primarily to physicians

● Research should not be leading to death of the THE BELMONT REPORT


participant. Should not conduct experiment in
expense of the life of the participant. ● written by the National Commission for the Protection
of Human Subjects of Biomedical and Behavioral
6. The degree of risk to be taken should never exceed Research
that determined by the humanitarian importance of
the problem to be solved by the experiment. BASIC ETHICAL PRINCIPLES

7. Proper preparations should be made and adequate 1. Respect for Person


facilities provided to protect the experimental ● individuals should be treated as autonomous agents
subject against even remote possibilities of injury, ● persons with diminished autonomy are entitled to
disability, or death. protection
● Consider the surroundings when doing interview. ● Diminished autonomy - those who have mental
Thus, put in a place where there’s no distraction problems
or causing injury or death. Safety. ● Regarded as autonomous agents because we are
ought to respect the participants
8. The experiment should be conducted only by
scientifically qualified persons. The highest degree 2. Beneficence
of skill and care should be required through all
● Persons are treated in an ethical manner not only by
stages of the experiment of those who conduct or
respecting their decisions and protecting them from
engage in the experiment.
harm, but also by making efforts to secure their well- ● It also serves to protect the rights, integrity, and
being. confidentiality of trial subject
2 general rules:
ETHICAL DILEMMA
(1) do not harm and
(2) maximize possible benefits and minimize possible ● a conflict in values that causes distress.
harms. ● this could be something that's for the nurse, for the
family, for the patient themselves.
● Beneficence - do good – e.g. give proper nursing care ● Ex. there's a conflict or a disagreement between
● Non-maleficence - do not do any harm maybe what the family wants and the patient wants, or
what the doctor thinks is in the patient's best interest.
3. Justice
● the sense of "fairness in distribution" or "what is ETHICS COMMITTEE
deserved ● exists in most places. It is an interdisciplinary group,
● Who ought to receive the benefits of research and bear meaning that it is made up of people from multiple
its burdens? different fields of the profession.
● During the proposal of the research, include the ● Ex. nurse, a doctor, a social worker, a chaplain. They
qualifications of the participants. The participants are interdisciplinary team of people whose job it is to
should be equal. hear about ethical dilemmas happening in that hospital
● Research should be fair or that facility.
● They should be given equal and proper care ● they are going to see all of the sides, and review the
literature,
● They don’t impose decisions; they simply offer a
ETHICS AND EVIDENCE-BASED PRACTICE recommendation.
● Evidence-based practice is roughly the use of current ● Wherein the patient or the family may choose to
best evidence in making decisions about the care of proceed in a different way, but the ethics committee
patients (Sackett et al. 1996) had the opportunity to explain what they believe is in
● Evidence-based practice is using the best data we the patient's best interest or what is ethically correct.
have to guide nursing practice.
● We do things because we have peer-reviewed data AMERICAN NURSES ASSOCIATION
that says we can show that this is beneficial for our ● they are going to be the group that establishes the
patients in this way. ethical standards of care for the nursing profession.
● It's utilizing the best evidence from research to guide ● They are responsible for the Nurse Practice Act
our practice. wherein they set the ethical standard for nurses.
● This was drawn by the approved researches
● E.g. bp taking is more effective on the left arm. This INFORMED CONSENT
should be the one being followed. ● is a patient's voluntary decision to undergo a
procedure or intervention.
ETHICAL CONCERNS ● provider’s role - the provider needs to explain the
nature of the procedure to the patient, explain the
1) Some types of knowledge are not included in EBP risks and benefits of the procedure to the patient,
2) EBP runs counter to patient-centered care provide alternative solutions to whatever problem
3) “Testable by RCT” is not the same as “most effective” exists, and explain the risks and benefits of those
4) Decisions based on EBP can be unjust alternatives.
● The provider needs to make sure the patient fully
GOOD CLINICAL PRACTICE (GCP) understands the information and answer any
● is an international ethical and scientific quality standard questions that they have.
for the design, conduct, performance, monitoring, ● nurse’s role - as the nurse, you are not explaining the
auditing, recording, analyses and reporting of clinical procedure or the risks and benefits.
trials ■ What you are responsible for doing is signing
the consent form as a witness and making
sure the patient received all of that information ● Bioethics deals with the "rightness" or "wrongness" of
from the provider and make sure the patient is human behavior
competent to provide consent and gave their ● Concerned with the motivation behind the behavior
consent voluntarily. ● Can’t judge based on own beliefs – comes from own
ethical principle
PATIENT’S COMPETENCY
ETHICAL PRINCIPLES
● In order to be competent to give consent.
● In general, you have to be over 18 and not impaired in
some way. Ethical Principles Other Concept
● So patients who are under the influence of drugs and
● Autonomy ● Double Effect
alcohol, patients who are schizophrenic and may be ● Nonmaleficence ● Stewardship
having hallucinations, and patients with dementia. ● Beneficence ● Total cooperation
● Those patients may not be able to provide informed ● Justice ● Ordinary and
● Fidelity extraordinary
consent. ● Confidentiality ● Personalized sexuality
● Also, there are some exceptions to that over 18 rule. ● Veracity
○ So if there are minors who are emancipated, in
the military, or married, they actually may be able
AUTONOMY
to provide informed consent.
○ Also, minors who are seeking mental health ● The freedom to make decisions bout oneself
services may be able to do so without parental ● The right to self-determination
consent in most states. ● Healthcare providers need to respect patient’s rights to
○ So, if as a nurse, when you come to have the make choices about healthcrae, even if the healthcare
patient sign their informed consent form, and you providers do not agree with the patient’s decision.
are signing as a witness, if the patient decides,
● a patient has the right to decide what treatment they
○ "You know. I have some more questions about this
will and will not accept.
procedure," it is not your responsibility to answer
● It is the patient's right to make their own healthcare
those questions about the procedure. You need to
decisions.
call the provider up, have them come back, or call
● to advocate for that patient and support their right to
the patient to answer those questions.
autonomy, wherein if a patient says, "I don't want that
treatment," or, "I do want that treatment," we need to
PATIENT’S RIGHT advocate for their wishes to be respected.
● Once the patient has signed that consent form, ● so they need to be able to make their own healthcare
they have the right to change their mind prior to decisions, and they have a right to refuse medication
the procedure if they want to, because that is their or any type of procedure.
right - they have the right to refuse treatment at ● It is the patient's right to refuse
any time, even if they already signed that consent ● We allow the patient to have choices
form. ● Documentation is important

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

ROLE OF NURSES AS STEWARDS

The Stewardship of Self (Personal)


● It is crucial that nurse leaders engage with fine
RESOLUTION development of self, refining skills and improving
competencies
● A person is a narrative who seeks purpose, or good for
the self, through interpretations of everyday
experiences.
● Virtues are important, they affect perceptual
judgements about what is relevant in an experience.
● Talks about self-building
● Ex. wearing protective devices - as self improvement
● Enroll in a training to develop our practices

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.

THE PRINCIPLE OF HUMAN SEXUALITY


● May be stated as follows:
● The gift of human sexuality must be used in
marriage in keeping with its intrinsic, invisible,
specifically human teleology.
● It should be a loving, bodily, pleasurable
expression of the complimentary, permanent self-
giving of a man and a woman to each other, which
is open to fruition in the perpetuation and
expansion of this personal communion through the
family they beget and educate

● When you are in a marriage you are not supposed


to be selfish but instead you must be pursuant to
your partner
● The human sexuality promotes procreation;
LGBTQ, in this case, alters the procreation.

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