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Healthcare Ethics
Healthcare Ethics
Healthcare 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
TELEOLOGY
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.