Healthcare Ethics

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THEORIES AND PRINCIPLES OF HEALTH ETHICS

Healthcare Ethics
BSN 2208 | Ma’am Dellyn Ferrera
Association, International Council of Nurses)
Overview • Ethical theories are derived from either of two
I. Ethical Theories basic schools of thought: naturalism and
○ Deontology rationalism
○ Teleology ○ Naturalism
○ Utilitarianism – A view of moral judgment that regards
II. Virtue Ethics ethics is dependent upon human nature and
○ Virtue Ethics in Nursing psychology
○ Core Values of a Professional Nurse ○ Rationalism
– Rationalists believe that there are absolute
ETHICS AND HEALTHCARE truths that are not dependent upon human
• From the earliest days of philosophy in ancient nature
Greece, people have sought to apply reason in – Ethical values have an independent origin
determining the right course of action for a in the nature of the universe and can be
particular situation and in explaining why it is right known to humans through the process of
• In the Patient Protection and Affordable Care reasoning
Act of 2010 (ACA 2010) era, managers of
healthcare organizations will find the resources to DEONTOLOGY
carry out their charge increasingly constrained by • greek word “deon” – duty
multiple levels of change, differences in payment • Deontology is concerned with behaving ethically
structures, and labor shortages by meeting our duties
• With the current emphasis on patient-centered • The ethics theory of deontology originates from
care, knowledge of ethics can also be valuable the german philosopher Kant
when working with healthcare professionals, • Deontological theories of ethics are based upon
patients and their families, and policymakers the rationalist view that the rightness or wrongness
of an act depends upon the nature of the act rather
PHILOSOPHY than its consequences
• Chaos of thoughts, beliefs, assumptions, values
and superstitions
• Philosophy is the intense and critical examination
of beliefs and assumptions. It is both natural and
necessary to humanity
• Gives coherence to the whole realm of thought
and experience
• Offers principles for deciding what actions and
qualities are most worthwhile
• Gives shape to what would otherwise be random

MORALS AND ETHICS


• Moral Philosophy
– is the philosophical discussion of what is
considered good or bad, right or wrong, in
terms of moral issues
• Ethics
– is concerned with the study of social morality
and philosophical reflection on society's norms • Occasionally, deontology is called formalism;
and practices some writers refer to this type of ethical theory as
– Offers a formal process of applying moral Kantianism.
philosophy • Immanuel Kant
– Gives us the groundwork for making logical – german philosopher
and consistent decisions – He contended that ethical rules are universal,
and that humans can derive certain consistent
ETHICAL THEORIES principles to guide action
PHILOSOPHICAL BASIS FOR ETHICAL – Moral rules apply to all people in all situations
THEORY – Categorical Imperative: commands or moral
• Most ethics codes specify that members conduct laws all persons must follow, regardless of their
themselves honestly, fairly, competently and desires or extenuating circumstances (i.e., not
provide guidance for ethical conduct in morally breaking a promise)
ambiguous situations – Categorical refers to moral rules that do not
• Nursing codes of ethics provide guidance to admit exceptions ; imperative denotes a
nurses and their relationships with patients, command that is derived from principle
colleagues, the profession and society. (i.e., – "Act only according to that maxim by which you
American Nurses Association, Canadian Nurses can at the same time that it should become a
THEORIES AND PRINCIPLES OF HEALTH ETHICS
Healthcare Ethics
BSN 2208 | Ma’am Dellyn Ferrera
universal law.”
– Practical Imperative: "Act so that you treat
humanity, whether in your own person or that of
another, always as an end and never as a means
only."
– Categorical Imperative + Practical Imperative =
Politically organized society

TELEOLOGY

• Jeremy Bentham (Father of Modern


Utilitarianism)
– actions are considered right when they
increase happiness and decrease pain and
misery; actions are wrong when it has the
opposite effect
– proposed that we should measure the product
of an act in terms of the value of a proposed
pleasure
– Six Criteria
> Intensity
• The consequences of the action are what matter, > Duration
not their intent. > Certainty
• Consequentialism is sometimes called > Propinquity (nearness in a place or town)
teleology, using the Greek term telos, which refers > Fecundity (chance of being followed by
to “ends .” sensations of the same kind)
• Greatest good for the greatest number >.Purity (chance of not being followed by
• Consequentialism has several versions, the best sensations of the opposite kind)
known of which is utilitarianism. – justice should have a tendency to augment the
• Utilitarianism defines morality in terms of the happiness of the community as a whole rather
maximization of the net utility expected for all than diminish it
parties affected by a decision or action. • John Stuart Mill (A British Philosopher)
• Intention confuses with two issues: (i) will it lead – classical utilitarianism
to good or bad outcomes and (ii) if the doer should – The basic principle of utilitarianism is that
be praised or not actions are right to the degree that they tend to
• Utilitarianism promote the greatest good for the greatest
– moral theory that holds that an action is judged number .
as good or bad in relation to the consequence, – He defined “the good” in terms of well - being
outcome, or end result that is derived from it and distinguished, both quantitatively and
– has its basis in naturalism qualitatively, between various forms of pleasure.
– The right action is that which has the greatest – Mill is closer to the virtue theory idea of
utility or usefulness. No action is either good or eudaimonia as a goal and that he specified
bad qualitative distinctions rather than simply adding
• Epicurus (greek philosopher) of units of happiness or pleasure
– sensation – one is duty- bound to perform some acts, even
– good = pleasure : evil = pain if they do not maximize utility
– pleasure can be gained by living a life of – Greatest Happiness Principle meaning
moderation, courage, justice and by cultivating focusing on the happiness of all concerned;
friendship multiplication of happiness
– humans control their own destinies – object of virtue is the multiplication of
happiness
– Happiness - A state of pleasure that is not
restricted to physical pleasure alone
– He described the greatest sources of physical
and mental suffering as “indigence, disease and
the unkindness, worthlessness, or premature
THEORIES AND PRINCIPLES OF HEALTH ETHICS
Healthcare Ethics
BSN 2208 | Ma’am Dellyn Ferrera
loss of objects of affection” begins with a question “ what morally ought we to
– he believed utilitarianism to be in the spirit of do”. In contrast, virtue ethics does not ask that
the golden rule; the golden rule depicts the ideal question, instead we could say that virtue is a
perfection of the utilitarians morality character trait that is socially valued

TYPES OF UTILITARIANISM MORAL VIRTUE


• Act - Utilitarianism • Moral virtue is a character trait that is morally
– also called as Act Consequentialism valued such as truthfulness, kindness, or honesty
– Each act is considered on the basis of its net • A person with moral virtue has both consistent
benefit moral action and the morally appropriate desire
– this version of utilitarianism has received the • the term ethics was derived from aristotle's word
most criticism and does not supported by ethika which refers to matters having to do with
modern ethicists character
– it suggests that people choose actions that • ARISTOTLE
will, in any given circumstance, Increase the – Considered goodness of character to be
overall good produced by the practice of virtuous behavior
– an act is considered morally right if and only if rather than virtuous acts being the end result of
it produces the best possible results in that a good character
specific situation. – Virtues are tendencies to act feel and judge
• Rule - Utilitarianism that is developed from a natural capacity by
– The decision maker develops rules that will propertaining and exercise
have the greatest net benefit. The development – Virtue is equal to excellence of character and
of rules to guide conduct the similar to the depends on motivation, deliberation, clear
actions of administrator to develop policies judgment, self-control and practice
– it suggests that people choose rules that, – Virtue is the fruit of intellectual pursuit
when followed consistently, will maximize the – He considered excellence to be won by
overall good training and habituation and believe that virtuous
– an action is right as it conforms to a rule that character is created by repeated reacting in a
leads to the greatest good. virtuous manner
– Traits of a Virtuous Character:
Note: Utilitarianism is widely used in the healthcare 1. Virtuous acts must be chosen for their own
system. It is the basis for many policy level sake
decisions about the distribution of health care 2. the choice must proceed from a firm and
services and can be integral and medical unchangeable character
emergency triage systems. 3. virtue is a disposition to choose the mean
: Though utilitarianism is a widely accepted – Golden mean of virtuous behavior:
ethical theory and does not give sufficient thought practicing moderation
to respect of persons. It gives little recognition to – For him the basic moral question is not “what
the principle of autonomy, particularly when we should one do” but rather “what should one be”
consider utilitarian decision making relative to • PHILIPPA RUTH FOOT
distributive justice. – She proposes that virtue lies not only in
engaging virtuous acts but also in a will
VIRTUE ETHICS – She defines will as that which is wished for as
• Virtue ethics is sometimes called character ethics well as what is sought
• it represents the idea that individuals are based – According to her, a positive or moral will is
upon a certain degree of innate moral virtues sometimes the necessary ingredient in success
• Cardinal Virtues: – Virtue is not like a skill or an art. It cannot be
– wisdom practiced but must engage the will. In other
– courage words. An act, though apparently kind or
– temperance generous, for example, cannot be considered
– justice virtuous if the intention is not good
– generosity • BEAUCHAMP AND CHILDRESS
– faith – The tandem defines character as being made
– hope up of a set of stable traits that affect a person's
– charity judgment and action
• Modern and contemporary writers also include – They suggest that although people have
such virtues as honesty, compassion, caring, different character traits all have the capacity to
responsibility, integrity, discernment, learn or cultivate those that are important to
trustworthiness, and prudence morality
• Virtue ethics is reemerging as an important – Four (4) Focal Virtues
framework for examining moral behavior 1. Compassion
• Theories conceived of the demands of morality - The ability to imagine oneself in the
similarly; ethics provides guidelines to action which situation of another
- embodies the golden rule
THEORIES AND PRINCIPLES OF HEALTH ETHICS
Healthcare Ethics
BSN 2208 | Ma’am Dellyn Ferrera
2. Discernment
- Rests on sensitive insight involving MORAL PARTICULARISM
acute judgment and understanding, and • utilizes the principles and rules of other moral
it results in decisive action theories
3. Trustworthiness • a form of moral theory that embraces the
- Trust is a confident belief in the moral uniqueness of cases, the culturally significant
character of another person. It entails ethical features and ethical judgment in each
confidence that another will act with the particular case
right motives consistent with moral • moral particularism enters a situation fully aware
norms of the ethical principles and maxims of the
4. Integrity profession and apprentices them as illuminators of
- Is perhaps the cardinal virtue. It means moral problems
soundness, reliability, wholeness, and • Most moral particulars theory such as context,
integration of moral character situations, lacks recognition and sensitivity for
relationships, and individuals.
VIRTUE ETHICS IN NURSING • Moral particularists claim that this failure
• The nightingale pledge implies virtue of character represents a fundamental flaw in these theories.
as nurses promise purity, faith, loyalty, devotion, Even in the face of generally accepted moral
trustworthiness, and temperance theory, health professionals' moral decisions are
• It is reasonable to say that good character is the shaped by the practical circumstances of their
cornerstone of good nursing and that the nurse with work. And this may be especially true for nurses.
virtue will act according to principle

Overview
I. Autonomy
II. Justice
○ Procedural Justice
○ Distributive Justice
III. Non-Maleficence
IV. Beneficence

INTRODUCTION
• In the changing Patient Protection and Affordable
Care Act of 2010 (ACA 2010) era, knowledge of
theories of ethics is especially important for the
appropriate patient and organizational decision-
making.
• Theories form the basis of the principles of ethics
that provide a rationale for action in healthcare
practice. AUTONOMY AND THE KANTIAN
DEONTOLOGICAL TRADITION
AUTONOMY • Autonomy as a concept means that the person is
• If a health professional makes a decision for a self-ruling.
patient from the “First do no harm, benefit only” • The term auto is from Greek and means self. The
perspective without involving the patient in the rest of the term comes from the Greek nomos,
decision, then the patient’s autonomy has been which means rule or law.
violated. • Thus, one can understand autonomy as self-
• Leaving the patient out of decisions violates the rule
patients “self” • Autonomy is the idea that we are to respect other
• While the motivation may be beneficence, the for who they are
patient may not experience this action as one of • This view is honored in the medical tradition as far
kindness or compassion back as the hippocratic writings. Therefore the duty
• Taking appropriate decisions for patients requires of the physician is to treat people's illnesses not to
an understanding of the principle of autonomy and judge them for why they are ill.
its application in clinical and administrative • It might be necessary for the physician to try to
decisions get patients to change what they are doing or who
they are, but that is part of the treatment not a
character judgment

AUTONOMY IN HEALTHCARE
• In the healthcare setting, it is often unclear
whether the patient does or does not possess the
conditions required for autonomy.
THEORIES AND PRINCIPLES OF HEALTH ETHICS
Healthcare Ethics
BSN 2208 | Ma’am Dellyn Ferrera
• Two important conditions must be met for and were those procedures
autonomy: followed?"
1. Are patients competent to make decisions 2. Distributive Justice
for themselves? - concerned with the allocation of
2. Are patients free of coercion in making resources
decisions? • Both of these justice principles start from the idea
*These questions reflect the idea that autonomy that and the distribution of burdens and benefits,
implies the freedom to choose the allocation should be equal unless there is a
• Typically people have an understanding of what it material reason to discriminate.
means to be competent and be able to make
choices on their own behalf. However that is not all
PROCEDURAL JUSTICE
there is to competence and autonomy.
• Procedural justice can be defined as due process.
• A competent person also needs to be free of
• For example, in the legal system, we speak of
coercion.
being equal before the law as part of procedural
• Coercion – he or she is trying to please someone
justice.
— parents, children, or care providers — and thus
• Procedural justice or due process means that
is hiding his or her real choices
when you get your turn, you receive the same
• In healthcare, coercion that might prevent free-
treatment as everyone else. One can apply this
choice occurs in many ways. Providers often
concept to healthcare.
encounter patients whose choices are
• Procedural injustices occur in patient care. But
compromised or coerced
they are more common when dealing with
• Competence can be understood as the ability to
healthcare employees.
complete a task. This may mean you are able to do
• Failures of due process or procedural justice can
and to understand some things but not others.
also occur in the health policy arena, and
policymakers should carefully watch for these
Remember: Given the complexity of defining
failures.
competence and the need to respect the autonomy
of patients, clinicians must serve as gatekeepers
for decision-making based on their ability to DISTRIBUTIVE JUSTICE
determine a patient's competence for decision- • The concept of distributive justice relates to
making. determining what is fair when decision makers are
determining how to divide burdens and benefits.
JUSTICE • To understand distributive justice, you must first
understand that resource allocation issues occur at
• In general, to know something is unjust is to have
all levels.
a good reason to think it is morally wrong.
• For example, a physician has to decide how much
However we must be able to decide whether that
time to spend with each patient. Busy nurses have
action is truly morally wrong. Therefore, we can ask
to decide how quickly to respond to a call button
questions like "what kinds of facts make an act
relative to the task in which they are currently
unjust rather than simply wrong in general?"
engaged. Nurse managers have to effectively
• People use the term injustice to mean that they
allocate too few nurses to too many patients.
are unfairly treated. Injustice in this sense occurs
when patients with similar cases do not receive
similar treatment.
NON MALEFICENCE
• "First do no harm, benefit only"
• The principle of nonmaleficence relates to the first
part of this teaching and means to do no harm.
• In healthcare ethics, there is no debate over
whether we want to avoid doing harm to patients,
professional staff, or the community. However, the
debate occurs when we consider the meaning of
the word harm
• The following ethics theories come into play here:
1. A consequentialist would say that harm is
that which prevents the good or leads to
less good or utility than other choices.
• Following Aristotle, many believe that healthcare 2. A natural law ethicist would say that harm is
professionals are required, as a formal principle of that which is opposed to our rational nature,
justice, to treat similar cases alike except where that which circumscribes or limits our
there are some relevant or material differences in potential.
the cases. 3. A deontologist would say that harm is that
• Justice usually comes in two major categories: which prevents us from carrying out our
1. Procedural Justice duty or that which is opposed to the formal
- ask "Were fair procedures in place, conditions of the moral law.
THEORIES AND PRINCIPLES OF HEALTH ETHICS
Healthcare Ethics
BSN 2208 | Ma’am Dellyn Ferrera
4. A virtue ethicist, a person of practical
wisdom, would find that harm is that which BENEFICENCE
is immoderate, that which leads us away • The other part of the hippocratic ethical dictum is
from manifesting our proper ends as "benefit only"
humans. • The bene is the latin term for well or good
5. An ethical egoist would define harm as that
which was opposed to his or her self BENEFICENCE AND A HIGHER MORAL
interest. BURDEN
• Beneficence involves more than just avoiding
WHAT IS HARM IN THE CLINICAL SETTING doing harm. It represents a level of altruism that is
• In the clinical setting, harm is that which worsens absent from simply refraining from harm.
the condition of the patient. • We are morally obligated to take positive and
• Much of healthcare involves pain, discomfort, direct steps to help others.
inconvenience, expense, and perhaps even • The underlying principle of consequentialism, the
disfigurement and disability. greatest good for the greatest number, is itself a
• Using the natural law theory of double effect, we statement of beneficence.
justify harm to patients because there is a greater • In health care, everyone involved in the provision
good. of care, including clinicians, administrators, and
• Most healthcare professionals consider harm to support personnel, are expected to act with
mean physical harm because the long history of beneficence.
healing was focused primarily on overcoming bodily • Acting with kindness, compassion, and
disorders. However, harm can occur in other ways. understanding, even under extremely stressful
circumstances, is part of the description of
HARM AS NEGLIGENCE professionalism in healthcare.
• Healthcare professionals have developed • Despite its challenges, beneficence is a part of
numerous protocols to protect patients, families, the common morality of healthcare.
organizations, the community, and themselves.
• Failure to engage in these protocols is an act of NON MALEFICENCE AND BENEFICENCE ARE
omission as opposed to directly during harm, which INSUFFICIENT PRINCIPLES
is an act of commission. A substantial body of law • In most healthcare situations, the physician was
and ethical understanding supports the view that the person who defined the harm and good.
such a failure is negligence (omission). • Most people were ignorant of what the physician
• Negligence occurs when the person has not was doing or talking about or why he or she
exercised the due diligence expected of someone prescribed certain treatments.
and his or her role and level of responsibility. • Thus, the physician defined the patient's self-
• Medical professionals are subject to a similar interest and carried it out. When the person who is
concept called malpractice. Part of the education of receiving a benefit or avoiding harm has little or no
all healthcare professionals concerns what it takes say in the matter, that person receives paternalistic
to avoid doing harm and avoiding malpractice. treatment.
• This shared value of "first do no harm, benefit • Paternalistic Treatment
only," provides a foundation that is often lacking - comes from the latin pater, which means
and ethical disputes outside of healthcare. father
- one treats the patient as one would treat a
HARM AS A VIOLATION OF AUTONOMY child
• If a person elects not to receive treatment • Patients increasingly assert their desire to make
because of a loss of life quality, then many people decisions for themselves and see themselves as
believe that imposing the treatment on that person partners in their own care although paternalism is
is wrong. This would violate the principle of still part of healthcare today
autonomy and evidence paternalism. • We have to move beyond non-maleficence and
• Regardless of circumstances, if one applies the beneficence to include the principle of autonomy.
principle of autonomy, persons own their lives.
• Autonomy is also an issue if the person is
incompetent. In this situation, the ethical approach
is to determine whether one knows the person's
wishes from the time when he or she was
competent and, if so, follows them.
• This practice is termed substituted judgment. If
the person's wishes are unknown, then the
healthcare professional uses an approach called
the best interest or reasonable person decision.
The basis for this approach is the assumption that a
reasonable person would choose what is in his or
her best interest.

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