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ST. PAUL UNIVERSITY PHILIPPINES ST.

RITA OF CASCIA 2023


SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

CONTENTS
● He said we have an obligation to do the right thing. Duty
I. INTRODUCTION TO THE COURSE
II. THEORIES AND PRINCIPLES IN HEALTH ETHICS Ethics say we have a duty to achieve good.
A. ETHICAL THEORIES
1. Deontology
IMMANUEL KANT
2. Teleology
3. Utilitarianism He defined…
B. VIRTUE ETHICS 1. did not like a morality based on laws, church laws
1. Virtue ethics in Nursing
2. Core values of a professional nurse
2. morality has its roots/foundation in the condition of
C. ETHICAL PRINCIPLES goodwill among people
1. AUTONOMY
3. we have an obligation to do the right thing
a. Patient’s Rights
b. Patient’s Bill of Rights 4. people/actions are moral when they achieve the
c. Informed Consent good/goodwill
d. Proxy Content/Legally Acceptable Representative
e. Confidentiality 5. morality is discovered by pure reason not by law or
f. Privacy consequences
2. CONFIDENTIALITY
a. Truth telling and right to information 6. Place special emphasis on the relationship between duty
3. VERACITY and the morality of human actions.
4. FIDELITY
5. JUSTICE 7. Holds that the basic standards for an action’s being
6. BENEFICENCE morally right are independent of the good and evil
7. NON-MALEFICENCE
generated.
8. It holds that at least some acts are morally obligatory
regardless of their consequences for human welfare.
ETHICS 9. An action is considered morally good because of some
characteristics of the action itself, not because the
• Ethics is the branch of philosophy that deals with the
product of the action is good.
principles of morality and the well-defined standards of
right and wrong that prescribes the human character and
KANT’S CONCEPTS
conduct in terms of obligations, right, rules, and benefit to
● Reason
society and fairness. o Foundation of a sound ethics (reason in itself can
only be the sensible foundation of what is ethical
• It is divided into two different ways of looking at the for man)
morality of humanity. These are:
o Functions as the very effort to think through
• Consequential - the outcome determines the
moral principles and apply what he/she knows to
morality of the act. get to the right thing to do.
• Non-consequential- the source of morality ● Goodwill – source/origin of ethical obligation
comes from something else such as law, God’s o What is morally binding is rooted in reasons as
law, moral law, sense of duty and your definition “doable for the human person”
of what is the virtuous thing to do. o the good that is relevant to the person who
through his/her reason knows what
one ought to do, is that which he/she can do
ETHICAL THEORY and known as good. (He/she is of his/her own
● Is the systematic effort to understand moral concepts and doing able to carry out his/her obligation)
justify moral principles. ● Duty – motivation for reason and goodwill of the human
person
DEONTOLOGY o It is that which the reason determines as our
Greek: deon “duty” and logos “science” obligation
● Deontology is an ethical theory that uses rules to o Doable good for the human will (since it is the
distinguish right from wrong. It is often associated with doable obligation for the human person, it is
not a duty is it is impossible for a man to do it)
philosopher Immanuel Kant.
● Category of normative ethical theories that encompasses RULES OF DEONTOLOGY
any theory which is primarily concerned with adherence to • First, act only according to that maxim (rule), which can be
certain rights or duties (duty-centered theory). a universal law for all people in all circumstances.
● He said there’s one thing that human beings have in • Second, the calls for the principle of Reversibility. It says,
common, and that is the ability to reason. Pure reasoning the maxim (rule) is right if one would want to be treated
is the source of morality. that way themselves.

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ST. PAUL UNIVERSITY PHILIPPINES ST. RITA OF CASCIA 2023
SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

• Third, do not use others as a (mere) means to one’s end. • According to Aristotle: "Every action and purpose may be
This is called Practical Imperative. said to aim at some good"
• Every action that we do aims on achieving as a supreme
APPLICATION IN NURSING PRACTICE good and this is our general purpose
• Healthcare providers should act in such a way that any Example: In the human excellence, when someone strives to
other provider making the same decision would be do good purpose or the supreme good they develop good
justified and considered acting morally. habits out and get their virtues.
• A clinical-based application of Kant’s ethical theory to ● Happiness is another foundation of Aristotle's teaching. It
client care involves disclosing medical errors to clients. can only be found in the context of the community as we
Many barriers surround disclosing errors to clients, used other people to find good task to perform.
including fear of litigation, shame about the error, and ● It is a results-oriented approach that defines ethical
lack of training on how to discuss errors with clients. behaviour by good or bad consequences.
These barriers and organizational culture influences may ● It justifies inherently what most people would call evil acts
lead providers to believe that bringing the error to light by their desirable outcomes, if the good of the outcome
does more harm than good. However, applying Kant’s outweighs the bad of the act.
deontological theory to this type of decision clearly
favours truth telling and full disclosure of errors. TYPES OF TELEOLOGY
According to Gallagher, patients want their providers to
1. Natural teleology: hypothetically, the inherent purpose
show respect for them by being honest about errors. Part
or end of a natural entity; in Aristotle’s classic example,
of the disclosure process involves issuing an apology for
the oak tree is the natural purpose of the acorn.
the error, which is an important move in the direction of
2. Cybernetics: the study of mechanical systems with built in
soothing distress, maintaining a trusting client-provider
goals, e.g. a thermostat, a self-adjusting valve, or the
relationship, and restoring client dignity.
human metabolism; note that robots and artificial
intelligences will all incorporate cybernetics when they
Pro’s Con’s eventually work.
Creates a foundation for human Creates a paradox
3. Consequentialism: any philosophy claiming that “the
conduct
ends justify the means,” such as utilitarianism. In other
Creates higher levels of Becomes useful as supernatural
personal responsibility excuses words, teleological ethics.
Creates moral absolutes A matter of subjective opinion
Emphasizes the value of every Do not incorporate self-defense APPLICATION IN NURSING PRACTICE
person ideas 1. A pregnant woman about to give birth but due to so many
Provide certainty Based on actions that we take complications only one can be saved, the mother or child.
Suggest You should always do As per the nurse, you need to decide which one has the
the right thing no matter what higher survival rate and inform the family.
Absolutist 2. Most people would agree that lying is wrong. But if telling
a lie would help save a person’s life, consequentialism says
TELEOLOGY it’s the right thing to do. An example of this is when we tell
Greek: telos, “end”; logos, “reason” a patient or their relatives that they are going to be fine
● Finality when we know that they will probably not survive the
● Reason or explanation for something as a function of its night, we tell this things to be tactful and save the patient
end, purpose, or goal. from the concern.
● Any philosophical account that holds that final causes -IN TEOLOGY, THE ENDS JUSTFIES THE MEANS-
exist in nature, meaning that, analogous to purposes
found in human actions, nature inherently tends toward UTILITARIANISM
definite ends. ● An ethical theory that determines right from wrong by
● Teleology is the study of the ends or purposes that things focusing on outcomes and treats intentions as irrelevant.
serve, and Aristotle's emphasis on teleology has ● A form of CONSEQUENTIALISM. (good
repercussions throughout his consequences=good actions)
philosophy. Aristotle believed that the best way to ● Most ethical choice=one that produces the greatest good
understand why things are the way they are is to for the greatest number.
understand what purpose they were designed to serve.

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ST. PAUL UNIVERSITY PHILIPPINES ST. RITA OF CASCIA 2023
SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

● A HEDONISTIC MORAL THEORY (good=pleasant)- we STRENGTH WEAKNESS


ought morally to pursue good and happiness, and work to ✔ A possible answer for ✔ It is difficult to predict the
avoid pain. every situation, it is an consequences.
● is a philosophy or belief suggesting that an action is absolute system.
morally right if the majority of people benefit from it
✔ It gets at the substance of ✔ It is difficult to define
● It also advocates actions that foster happiness or pleasure morality because it has a what constitutes
and opposes actions that cause unhappiness or harm material core: promoting happiness.
• Actions should be measured in terms of the happiness or human good and
pleasure that they produce. (happiness=final end) alleviating pain.

✔ There is no defense for


PROPONENT OF MODERN UTILITARIANIS minorities.
JEREMY BENTHAM (1748-1832)
✔ Regarded as the founder of Modern Utilitarianism.
THE GREATEST HAPPINESS PRINCIPLE
“It is the greatest happiness of the greatest
• Actions are considered moral when they promote the
number that is the measure of right and wrong.”
● Provided the Bentham’s Felicific/Hedonistic Calculus- utility and immoral when they promote the reverse.
a method or guide to balance the pros and cons of a
• The main elements of this philosophy are one’s actions
proposed course of action in relation to the balance
and their resulting utility.
of pleasures and pains it potentially produces.
• In order for the action to be moral, it must be the optimal
choice in increasing utility and minimizing pain.
FACTORS AND QUESTIONS TO CONSIDER ON BENTHAM’S
FELICIFIC
THE ULTIMATE SANCTION
1. Intensity: How strong is the pleasure?
According to Mill:
2. Duration: How long does the pleasure last? • It is man's "feeling for humility" that constitutes the
3. Certainty or Uncertainty: How likely or unlikely that the ultimate sanction of the principle of utility.
pleasure will occur?
4. Propinquity or Remoteness: How soon does the pleasure External Sanction
occur? • One's fear of displeasing God
5. Fecundity: What is the probability that the action is • Fear of disapproval from other people
followed by sensations of the same kind?
6. Purity: What is the probability that it is not followed by Internal Sanction
sensations of the opposite kind? • Conscience is the internalization of the external sanctions
7. Extent: How many people are affected? of morality that feels remorse each time one acts without
considering first the effect or consequences of one's
JOHN STUART MILL (1806-1873) action in other people’s lives.
✔ His Utilitarian Theory of Morality is a development and
clarification of the theory created by Jeremy Bentham. MILL’S REPLIES TO THE OBJECTIONS OF UTILITARIANISM
✔ Predominance of Pleasure over Pain. Mill’s Replies:
✔ Highlighted distinction between qualities and quantities of ❑ If the objectors define happiness as a continuity of highly
pleasures and pains. pleasurable excitement, then it is true that such a life is
indeed impossible.
2 TYPES OF UTILITARIANISM ❑ Those who find no happiness are generally those who care
ACT-UTILITARIANISM: for no one but themselves and those who have cultivated
• An act is right if and only if it results in as much good as
friendships and have left a lasting legacy of fellow feeling
any available.
for mankind retain their happiness in any circumstances.
❑ Some experience difficulties in being happy because they
RULE-UTILITARIANISM:
• An act is right if it conforms to a valid rule if it conforms to lack mental cultivation.
a valid rule within a system of rules whose acceptance ❑ Therefore, HAPPINESS is attainable if one understands it
leads to greater utility for society. realistically and lives one’s life in solidarity with others and
cultivates one’s deeper capacity to enjoy that which
endures in the transitory.

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ST. PAUL UNIVERSITY PHILIPPINES ST. RITA OF CASCIA 2023
SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

To the objection that UTILITARIAN MORALITY IS rights and duty. For utilitarianism, we have to follow or do things
INCOMPATIBLE WITH SELF SACRIFICE and aim to create healthcare policies which promote for the
Mill’s Replies: greatest number of patients. For teleology, we have to be careful of
❑ Utilitarianism does recognize the goodness of self- our actions so we can avoid bad consequences that might result
sacrifice which places the welfare of others over and from our actions.
above one’s own but only the extent that it is done for the
One principle is not superior to the other. There should be a
sake of promoting the greatest happiness of the greatest
balance.
number and for no other reason it is acceptable other than
this.
❑ If self-sacrifice is merely done for its own sake, utilitarian ETHICAL PRINCIPLES
sees it as a waste. ● Ethical principles are general standards of conduct that
❑ Utilitarianism upholds the belief that a truly moral person make up an ethical system.
always tries to incorporate the good of others in every
decision he makes. ● By this view, an action or decision is generally considered
morally right or good when it accords with a given
relevant moral principle, and morally wrong or bad when it
To the objection that SOCIAL CONCERN IS A RARE MOTIVE FOR
ACTION does not.
Mill’s Replies:
ETHICAL PRINCIPILISM
❑ Do people actually have society in mind whenever they ● the view that ethical decision-making and problem solving
choose a course of action? is best undertaken by appealing to sound moral principles
❑ For Mill, a distinction must be made between the motives ● ETHICAL PRINCPLES:
and the consequences of one’s actions with respect to • autonomy,
which of the two is the basis for judging an act to be moral • non-maleficence
or not. The act itself is moral so long as it promotes the • beneficence
good of the greatest number. • justice
From other references:
• Veracity
APPLICATION IN NURSING PRACTICE
Utilitarianism would assume that the core values of nursing can all • Fidelity
be explained by the effects that decisions have on patients, families, • Confidentiality
health professionals, or other stakeholders.
VIRTUE ETHICS
EXAMPLES:
1. In relation to the principle of utility, this states that an act ● Its primary focus is the heart of the moral agent making
must result in the greatest amount of good for the the decision rather than the reasoning to a right action.
greatest number of people involved in a situation. Often, ● It is primarily about personal character and moral habit
individuals attempt to use utilitarian theory when they development rather than a particular action.
seek to divide scarce resources such as healthcare. They ● Emphasizes being rather than doing.
might justify the denial of a single individual access to a ● The term given to an approach that has a focus on
heart transplant if the money could be spent on providing character. More specifically, it focuses on the character of
vaccine for thousands. the actor or agent.
2. Triage System- triage’s purpose is to save as many lives ● Emphasizes that character guides conduct.
● Lead to holiness.
and prevent as much disability as possible. However, in
● Requires that those who wish to act good need to develop
doing this, healthcare providers like nurses, sometimes
good traits of character.
tend to ignore bioethics that usually govern medical
● It means building up our character by doing the right thing
practice and protect individual patients. But if they defy
always BUT IN THE
the bioethics and saved many lives as their action’s
consequence, it would still be the right thing to do 1. Right time
regardless of the action being right or wrong based on 2. Right way
laws. 3. Right amount
4. Right people
CONCLUSION
● General Principle: We should always act in accordance
These three principles are very vital in nursing practice. For
with the virtues or as a truly virtuous person would.
deontology, we have to use our reasons in order to balance our

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ST. PAUL UNIVERSITY PHILIPPINES ST. RITA OF CASCIA 2023
SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

● Asks the Questions:


HONESTY AND TRUST AS A VIRTUE
1. “What sort of person should I be?” ● Honesty - one of the cornerstones of the nurse-patient
2. “If I act in such and such a way, would I be acting in a relationship.
way that was virtuous?” ● Trust – this must be earned, because if there is distrust on
the part of the patient, it could be because the nurses fail
Virtue Ethics in Nursing to perform what is necessary for the patient. The least
● Can be viewed as an approach of ethical deliberation that nurses as moral agents acting in the situation can do
about the moral character and dispositions of nurses as is not to violate this trust.
moral agents that enables them, as virtuous human
beings, to fulfil their purpose and function as professional PRACTICAL WISDOM AS A VIRTUE
people, ● Enables the nurse as a moral agent to know what action is
● It implies a characteristic habit that allows the nurse to correct in specific situation. To this effect, virtues enable
become a good practitioner who behaves well, the nurse to discover the relevant moral aspects of a
● An approach to moral dilemmas in nursing. On the moral dilemma and to interpret,judge and evaluate them
and as well to apply the rules, principles and moral
contrary, decision making about moral issues in health
theories wisely to a situation in order to resolve the
care demands that nurses exercise rational control over
dilemma.
emotions. This clearly focuses the attention on the nurse
as moral agent and in particular their character,
TWO KINDS OF VIRTUES
● Virtue is important because it reminds us that nursing is
“reflective practice.” Nursing is not just delivering
MORAL VIRTUE
something to the patient; it is becoming a certain kind of ● Those that relate to a person's character ------> enables
person-we do, we learn, we reflect, we become, mind-set the nurse to act in accordance with the right reason.
of what is right or good to be based on duty to achieve
good consequences, INTELLECTUAL VIRTUE
● Concerns character of individual nurses and seeks ways to ● Those that relate to a person’s intellect ----> enables the
enable nurses to develop character traits appropriate for nurse to reason well.
actions that enhance well-being; Weighing obligation and
values. Core Values of Professional Nurses
● CHARACTER- The focus and guide when a Nurse acts.
● Agent-based ethics tends towards asking: ‘what sort of ALTRUISM
person should I be?’ ● concern for the welfare and wellbeing of others;
● do things for other people with the other person’s well-
CARE AS A VIRTUE being in mind, like a sense of duty;
● Care is and should be a central characteristic of nursing. ● In professional practice, altruism is reflected by the nurse’s
1. Natural care - refers to situations where people act voluntarily in
concern and advocacy- for the welfare of patients, other
the interest of others.
nurses, and other healthcare providers.
2. Ethical care - arises from natural care.
● Requires that nurses put the needs of their patients before
RESPECT AND INTEGRITY AS VIRTUES their own needs, which can be difficult at times.
● Respect - demonstrate sensitivity to the differences in the
AUTONOMY
views that people as human beings might hold and learn
● the right to self-determination;
to understand them even if we disagree.
● professional practice reflects autonomy when the nurse
● Integrity - being faithful to one’s commitments; it focuses
on nurses as people and their dedication to their patients. respects patients’ rights to make decisions about their
health care;
JUSTICE AND COURAGE AS VIRTUES ● Means that nurses should be sure patients have all the
● Justice – is a principle (implies fairness and equality) and a needed information that is required to decide about their
virtue (enables the nurse to have an awareness of, and a medical care and are educated. The nurses do not
special concern for, the vulnerability of a patient) influence the patient’s choice;
● Courage - a courageous nurse is capable of free thought, ● Also refers to nurses acting independently within their
undertakes responsible actions and carries them out scope of practice.

REASON AS A VIRTUE HUMAN DIGNITY


● Reason implies the use of abstract rules and principles to ● is respect for the inherent worth and uniqueness of
make decisions or solve problems. Nurses as moral individuals and populations;
agents also need a certain disposition to use their reason.

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ST. PAUL UNIVERSITY PHILIPPINES ST. RITA OF CASCIA 2023
SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

● is a vague, complex, multidimensional, and fundamental ● The principle of autonomy, however, is a little different,
concept in the nursing profession; which basically means that people should be free to
● in professional practice, concern for human dignity is choose and entitled to act on their preferences provided
reflected when the nurse values and respects all patients their decisions and actions do not stand to violate the
and colleagues and treating everyone as a unique human significant moral interests of others.
being; ● Autonomy refers to the ability of competent individuals to
● in moral codes, it is a duty and a human right, and in the make decisions over their own lives and in order for
nurses’ workplace, amoral obligation; autonomy to be meaningful, a competent individual’s
● “Having respect for the inherent worth and uniqueness of decisions should be respected even when those decisions
individuals, families, and communities and it characterizes conflict with what others believe to be reasonable
all interactions a nurse should have with them” - the root ● In addition, In order to act autonomously, a patient ought
of all values that nurses exemplify in their day-to-day to have full access to all information available in order to
interactions with patients. be able to make a decision regarding their own welfare.
This puts a heavy burden of disclosure on the physician,
INTEGRITY including information that would allow the patient to
● is acting in accordance with an appropriate code of ethics
reject treatment.
and accepted standards of practice;
● Autonomy is the freedom and ability to act in a self-
● reflected in professional practice when the nurse is honest
determined manner. It represents the right of a rational
and provides care based on an ethical framework that is
person to express personal decisions independent of
accepted within the profession;
outside interference and to have these decisions honored.
● according to National League of Nursing, a culture of
integrity is evident when organizational principles of open It can be argued that autonomy occupies a central place in
communication, ethical decision-making, and humility are Western healthcare ethics because of the popularity of the
encouraged, expected, and demonstrated consistently; it Enlightenment-era philosophy of Immanuel Kant.
demands truthfulness and honesty; However, it is noteworthy that autonomy is not
● Nursing professionals must also consider the integrity of emphasized in an ethic of care and virtue ethics, and these
patients. Nurses should be cognizant of the ways in which also are popular approaches to ethics today.
they can violate a patient’s integrity while caring for them.
● Self- governing
SOCIAL JUSTICE ➢ Freedom to make choices about issues that affect
● is acting in accordance with fair treatment regardless of one’s life
economic status, race, ethnicity, age, citizenship, ➢ Respect for persons; unique and valuable members
disability, or sexual orientation; of the society
● core nursing value and the foundation of public health ➢ Free to choose and implement one’s own decision,
nursing; free from lies, restraint or coercion
● Its ideology requires nursing students to uphold moral,
legal, and humanistic principles related to health. As such, ● This principle assumes rational thinking on the part of the
teaching social justice requires a basis in moral individual and may be challenged when the rights of
developmental theory; others are infringed upon by the individual
● implies that there is a fair and equitable distribution of
benefits and burdens in a society; ● Lies, restraints, coercion = wrong decision
● Nurses uphold moral, legal, and humanistic principles by
● No matter what, we must let patients decide for himself
ensuring equal treatment and health care under the law.

AUTONOMY ● * Autonomy is NOT absolute.


● The term ‘autonomy’ comes from the Greek term: autos-
● Factors that affect decision:
‘self’, nomos- ‘rule’, ‘governance’ or ‘law’
➢ Emotions
● When autonomy is used as a concept in moral discourse,
➢ Time
what is commonly being referred to is:
➢ a person’s ability to make or to exercise self- ● Consider this:
determining choice What if the patient wants to do something that will cause
➢ treating or respecting persons as ends in harm to him/herself? Under what circumstances can the
themselves, as dignified and autonomous healthcare team intervene?
choosers, and not as the mere means (objects or
tools) to the ends of others.

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ST. PAUL UNIVERSITY PHILIPPINES ST. RITA OF CASCIA 2023
SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

● Examples: accommodate people’s personal preferences, health


1. Elsa goes to the doctor because she has a beliefs, health values and health practices.
vaginal discharge. She however refuses to talk ● If nurses are to respond to this sense of right to health and
about her personal life health care, they need to gain knowledge and
2. Mia, 16, is afraid of injections and hospitals. She understanding of their patients’ health beliefs and health
has acute appendicitis and needs surgery but practices and to negotiate ways in which these can be
she refuses
accommodated and met appropriately.
● Criteria in determining the decision making capacity of
an individual: 3. The right to quality care
1. the ability to comprehend information relevant
to the decision at hand ● A right to quality care is the third sense which concerns
the accountability, responsibility and competency of
2. the ability to deliberate in accordance with his or health professionals and health care providers, and about
her own values and goals the standard of care that is actually delivered.
3. the ability to communicate with caregivers 4. The right to safe care
PATERNALISM ● It is generally accepted that all people receiving health
● Deliberate restriction of people’s autonomy by health care care have the right to be safe. This right has been
professionals based on the idea that they know what’s interpreted to mean the right to be kept free of danger or
best for the clients - can be justifiable at times
risk of injury while in health care domains.
● Not everything legal is ethical and vice versa
● Doing good should take precedence over autonomy B. PATIENT’S BILL OF RIGHTS
● The American Hospital Association presents A Patient's
Bill of Rights with the expectation that it will contribute to
A. PATIENTS RIGHTS
more effective patient care and be supported by the
● What are patients’ rights?
hospital on behalf of the institution, its medical staff,
➢ To put it simply, patients’ rights are a
employees, and patients.
subcategory of human rights.
➢ It is important to clarify that patients’ rights 1. Right to Appropriate Medical Care and Humane Treatment.
statements tend to include a mixture of civil
rights, legal rights and moral rights. ● Every person has a right to health and medical care
corresponding to his state of health, without any
THE RIGHT TO HEALTH AND HEALTH CARE discrimination and within the limits of the resources,
● In keeping with the Universal Declaration of manpower and competence available for health and
Human Rights, all people have the right to medical care at the relevant time.
health. The World Health Organization (WHO
2002a) has clarified that the right 2. Right to Informed Consent.
to health does not entail the right to
● The patient has a right to a clear, truthful and substantial
be healthy, but the right to the highest
explanation, in a manner and language understandable
attainable standard of health.
to the patient, of all proposed procedures, whether
1. The right to equal access to health care diagnostic, preventive, curative, rehabilitative or
therapeutic.
● Access to health care refers to ‘whether people who are —
or should be — entitled to health care services receive 3. Right to Privacy and Confidentiality.
them’ (Emanuel 2000: 8). The right to equal access to
● The privacy of the patients must be assured at all stages of
health care raises questions of distributive justice and of
his treatment. The patient has the right to demand that all
how the benefits and burdens associated with health care
information, communication and records pertaining to his
service delivery ought to be distributed.
care be treated as confidential.
2. The right to have access to appropriate care
● The patient has the right to privacy and protection from
● The right to have access to appropriate care is a second unwarranted publicity.
sense in which a right to health care can be claimed. This
● Include the patient's right not to be subjected to exposure,
sense concerns the cultural competency and cultural
private or public, either by photography, publications,
safety of care as well as its ability generally to
video-taping, discussion, or by any other means that
would otherwise tend to reveal his person and identity and

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ST. PAUL UNIVERSITY PHILIPPINES ST. RITA OF CASCIA 2023
SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

the circumstances under which he was, he is, or he will be, ● The patient has the right to refuse medical treatment or
under medical or surgical care or treatment. procedures which may be contrary to his religious beliefs:
Provided, That such a right shall not be imposed by
4. Right to Information. parents upon their children who have not reached the
● In the course of treatment and hospital care, the patient legal age in a life threatening situation as determined by
or the legal guardian has a right to be informed of the the attending physician or the medical director of the
result of the evaluation of the nature and extent of the facility.
disease, medicines to be administered and their generic 9. Right to Leave.
counterpart including the possible complications, and the
person's participation in the plan of care and necessary ● The patient is entitled to a summary of his medical history
changes before its implementation. and condition.

● Right to examine and be given an itemized bill of the ● The health care institution shall safeguard the
hospital and medical services rendered in the facility or by confidentiality of the medical records and to likewise
his/her physician and other health care providers, ensure the integrity and authenticity of the medical record
regardless of the manner and source of payment
● The patient has the right to leave hospital regardless of his
● Right to be informed by the physician or his/her delegate physical condition. Provided that:
of his/her continuing health care requirements following ○ he is informed of the medical consequences of
discharge, his/her decision

● The patient is entitled to a brief, written summary of the ○ he releases those involved in his/her care from
course of his/her illness which shall include at least the any obligation relative to the consequences of
history, physical examination, diagnosis, his decision

5. The Right to Choose Health Care Provider and Facility. ○ his decision will not prejudice public health and
safety
● The patient has the right to seek for a second opinion
and subsequent opinions, if appropriate, from another 10. Right to Refuse Participation in Medical Research.
health care provider.
● Every patient has the right to health education that will ● The patient has the right to leave hospital or any other
assist him/her in making informed choices about personal health care institution regardless of his physical condition
health and about available health services. ● No patient shall be detained against hi$/her will in any
6. Right to Self-Determination. health care institution on the sole basis of his failure to
fully settle his financial obligations.
● The patient has the right to avail himself/herself of any
recommended diagnostic and treatment procedures. ● The patient has the right to be advised if the health care
provider plans to involve him in medical research,
● The patient is free to choose the health care provider to including but not limited to human experimentation which
serve him as well as the facility except when he is under may be performed only with the written informed consent
the care of a service facility or when public health and of the patient:
safety so demands or when the patient expressly waives ○ Department of Health shall safeguard the
this right in writing. continuing training and education of future
health care provider to ensure the development
7. Right to Religious Belief. of the health care delivery in the country.
● The patient has the right to refuse medical treatment or ○ The patient involved in the human
procedures which may be contrary to his religious beliefs. experimentation shall be made aware of its
● The patient has the right to avail himself/herself of any respective guidelines.
recommended diagnostic and treatment procedures.
11. Right to Correspondence and to Receive Visitors.
8. Right to Medical Records.
● The patient has the right to communicate with relatives
● The patient is entitled to a summary of his medical history and other persons and to receive visitors subject to
and condition, the contents of his medical records, except reasonable limits prescribed by the rules and regulations
psychiatric notes and other incriminatory information. of the health care institution.

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● The Patient has the right to refuse diagnostic and medical procedure; it’s possible effects, risks, and benefits, and
treatment procedures, provided that the following the available medical options.
conditions are satisfied; ● Nurses should provide precise and simple explanations
and see to it that their patients comprehend the
● The Patient is of legal age and is mentally competent; information by asking them questions and by letting
● The Patient is informed of the medical consequences of them speak their mind.
his/her refusal; ● The goal of informed consent is to assure patient
● The Patient's refusal will not jeopardize public health and autonomy.
safety. a. Rights of Unconscious Patients
12. Right to Express Grievances. ● If the patient is unconscious or otherwise unable to
● The patient has the right to express complaints and express his/her will, informed consent must be obtained
grievances about the care and services received without whenever possible, from a legally entitled
fear of discrimination. representative.In all cases, a physician always strives to
save the life of a patient unless a prior explicit written
● The patient has the right to be advised if the health care document states otherwise (Do Not Resuscitate
provider plans to involve him in medical research,
including but not limited to human experimentation b. Rights of Legally Incompetent Patient
which may be performed only with the written informed ● The consent of a legally entitled representative is
consent of the patient. required.
13. Right to be Informed of His Rights and Obligations as a ● If a legally incompetent patient can make rational
Patient. choices, decisions must be respected and he/she has the
right to forbid disclosure of information to his/her legally
● Every person has the right to be informed of his rights and entitled representative.
obligations as a patient. Also, it shall be the duty of health
care institutions to inform of their rights as well as of the c. Procedures against the Patient’s Will
institution's rules and regulations that apply to the Diagnostic procedures or treatments against the patient’ s will can
conduct of the patient while in the care of such institution. be carried out only in exceptional cases, if specifically permitted by
law and conforming to the principles of medical ethics.
● The patient has the right to communicate with relatives
and other persons and to receive visitors subject to What is involved in an informed consent?
reasonable limits prescribed by the rules and regulations
of the health care institution. ● Legally, this requires that the patient is informed of the
risks, benefits, and alternatives to a treatment.
14. Right to Express Grievances ● A signature on the consent form provides legal
documentation of consent.
● The patient has the right to express complaints and ● Consent may be withdrawn at any time. Healthcare
grievances about the care and services received without providers must accept and support refusal or withdrawal
fear of discrimination or reprisal and to know about the of consent even if they disagree with the patient.
disposition of such complaints.
What can nurses do to improve informed consent?
15. Right to be Informed of His Rights and Obligations as a
Patient ● Think about consent as a process to assure patient
understanding and agreement, not just signing a form.
● It shall be the duty of health care institutions to inform of ● Informed consent should be a collaborative
their rights as well as of the institution's rules and activity between the physician, nurse, and patient. The
regulations that apply to the conduct of the patient while physician should have obtained consent before the nurse
in the care of such institution. has the patient sign a form.
C. INFORMED CONSENT: AN ETHICAL WAY OF NURSING ● Nurses can offer what we do best—patient teaching.
INFORMED CONSENT However, our teaching cannot take the place of prior
● refers to the patient’s deliberate and voluntary physician / patient shared decision-making.
acceptance of a health care procedure which presupposes To note:
sufficient disclosure of the nature and the goal of the

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Remember that informed consent is a way of nursing each of us needs This is particularly important given the often sensitive and
to live out as we offer our patients ethical practice and quality nursing personal nature of the information that medical
care. practitioners can acquire, and the damaging ways in which
such information could be used.
● Confidentiality is vital when working confidential within
● D. PROXY CONTENT/LEGALLY ACCEPTED
the healthcare sector. You are privilege to information
REPRESENTATIVE
● Proxy consent is the process by which people with the that should only be shared with others for the benefit of
legal right to consent to medical treatment for themselves the patient.
or for a minor or award delegate that right to another ● The intent of maintaining confidentiality is to afford
● An individual or other body authorized under applicable protection of patients from the harms of stigma, potential
law to represent the interest of an individual including embarrassment, socio-economic manifestations, and illicit
providing consent on behalf of the prospective subject to use of information.
the subject’s participation in a clinical test. ● Despite patient confidentiality being a key priority,
● They are individuals who can, in accordance with the law, circumstances exist where information disclosure is
provide consent on behalf of the patient who is incapable demanded. In the safeguarding of children or vulnerable
of giving or who has diminished capacity to give informed adults, disclosure is required to prevent harm or prevent
consent. criminal activity from occurring. Disclosure must be
● A surrogate or proxy decision-maker is charged with approached carefully due to the continuing need to
making decisions on behalf of the patient to the best of his protect patients’ personal information.
or her knowledge of what the patient would have wanted ● Confidentiality is one of the core duties of medical
had the patient been able to express his or her own practice. The obligation of confidentiality prohibits the
desires. Also they are charged with deciding on behalf of health care provider from disclosing information about
the patient consistent with their understanding of the the patient's case to others without permission and
patient’s best interests. encourages the providers and health care systems to take
● Further, if a surrogate has not been appointed a situation precautions to ensure that only authorized access occurs.
may arise wherein family members argue about what the ● Patients routinely share personal information with health
best course of action is for their elderly relative, which can care providers. If the confidentiality of this information
place the health care team in the unenviable position of were not protected, trust in the physician-patient
having to resolve the dispute. relationship would be diminished.
● Creating a trusting environment by respecting patient
There are three fundamental constraints on this privacy encourages the patient to seek care and to be as
delegation: honest as possible during the course of a health care visit.
1. The person making the delegation must have the right It may also increase the patient’s willingness to seek care.
to consent. ● Appropriate care often requires that information about
patients be discussed among members of a health care
2. The person must be legally and medically competent to team; all team members have authorized access to
delegate the right to consent. confidential information about the patients they care for
and assume the duty of protecting that information from
3. The right to consent must be delegated to a legally and others who do not have access.
medically competent adult. There are two types of proxy
The 6 Principles of Confidentiality
consent for adults. The first, the power of attorney to
1. Justify the purpose(s)
consent to medical care, is usually used by patients who
want medical care but are concerned about who will
● Every proposed use or transfer of patient identifiable
consent if they are rendered temporarily incompetent by
information within or from an organization should be
the medical care. A power of attorney to consent to
clearly defined and scrutinized, with continuing uses
medical care delegates the right to consent to a specific
regularly reviewed, by an appropriate guardian.
person. The second type is the living will.
2. Don't use patient identifiable information unless it is absolutely
E. CONFIDENTIALITY
necessary
● Confidentiality protects the autonomy of patients by
allowing them to control information about themselves.

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● Patient identifiable information items should not be ● In Kant's theory, autonomy is a fundamental value of
included unless it is essential for the specified purpose(s) being a human. If privacy constitutes an essential to
of that flow. The need for patients to be identified should autonomy and autonomy cannot be understood without
be considered at each stage of satisfying the purpose(s). privacy, then losing privacy poses a threat to our most
fundamental values
3. Use the minimum necessary patient-identifiable information ● Privacy, besides being a fundamental quality of human
beings and bearing an essential value in its own right, is an
● Where use of patient identifiable information is
instrumental 'good' that enable individuals to achieve
considered to be essential, the inclusion of each individual
other good values. If privacy constitutes an essential to
item of information should be considered and justified so
autonomy and autonomy cannot be understood without
that the minimum amount of identifiable information is
privacy, then losing privacy poses a threat to our most
transferred or accessible as is necessary for a given
fundamental values.
function to be carried out.
● Privacy is the right to autonomy and comprises the right
to be left alone. It provides individuals with the right to
4. Access to patient identifiable information should be on a strict
control the information related to them, including the
need-to-know basis
restriction of access to this information. It also involves
● Only those individuals who need access to patient the right to keep secrets confidential and to share them
identifiable information should have access to it, and they only in private conversations
should only have access to the information items that they ● Privacy is important as it provides a secure environment
need to see. This may mean introducing access controls or for patients where they receive medical care and provide
splitting information flows where one information flow is complete and accurate information, and which reinforces
used for several purposes. confidence in health care and emphasizes the importance
● Action should be taken to ensure that those handling of respect for patient autonomy
patient identifiable information - both clinical and non-
clinical staff - are made fully aware of their responsibilities Confidentiality
and obligations to respect patient confidentiality. • Confidentiality protects the autonomy of patients by
allowing them to control information about themselves.
5. Everyone with access to patient identifiable information should This is particularly important given the often sensitive and
be aware of their responsibilities personal nature of the information that medical
practitioners can acquire, and the damaging ways in which
6. Understand and comply with the law such information could be used.
• Confidentiality is vital when working confidential within
● Every use of patient identifiable information must be the healthcare sector. You are privilege to information
lawful. Someone in each organization handling patient that should only be shared with others for the benefit of
information should be responsible for ensuring that the the patient.
organization complies with legal requirements. • Confidentiality is one of the core duties of medical
practice. It refers to the duty to protect privileged
F. PRIVACY information and to share entrusted information
● privacy originates from "privatus" and "privo" in latin and responsibly. Additionally, it is the cornerstone of trust
means "deprive of". The root of privacy is "priv", which between doctor and patient. As a general rule, it requires
means "an opportunity in one's favor" health care providers to keep a patient's personal health
information private unless consent to release the
● Patient privacy encompasses a number of aspects,
information is provided by the patient.
including personal space (physical privacy), personal data
• The intent of maintaining confidentiality is to afford
(informational privacy), personal choices including cultural
protection of patients from the harms of stigma, potential
and religious affiliations (decisional privacy), and personal
embarrassment, socio-economic manifestations, and illicit
relationships with family members and other intimates use of information
(associational privacy). • Despite patient confidentiality being a key priority,
● Privacy has been defined as the control of a situation, circumstances exist where information disclosure is
freedom of choice, mutual interaction, avoidance of demanded. In the safeguarding of children or vulnerable
communication and an unreachable area. Additionally, adults, disclosure is required to prevent harm or prevent
privacy may be defined as a restriction put by an individual criminal activity from occurring. Disclosure must be
on access to his/her bodily and mental integrity.

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approached carefully due to the continuing need to • ICN (2000) - “ the nurse holds in confidence personal
protect patients’ personal information. information and uses judgment in sharing this
• The principle that binds the practitioner to hold in strict information”
confidence those things learned about a patient in the • An important component of autonomy - maintains dignity
course of medical practice. and respect for the person
• Confidentiality pertains to restricting the sharing of • Do not the tell the diagnosis to those who are not directly
involved – nurse aides and janitors
sensitive patient information and only sharing information
o If directly involved – needs to know dx
when it is necessary either by law or professional duty.
o If not directly involved – use standard
• This –the principle of confidentiality –is what underpins
precaution
the trust between patients/clients and health care
• No need to mention the dx
workers.
• Breaching that trust by disclosing information about a The following are subjects of Confidentiality and should not
patient/client to someone who has no right to the be revealed to anyone except for graver cause:
information is one of the most serious errors a health care 1. Private Secrets
worker can commit. 2. Contractual Secrets
• It can lead to disciplinary proceedings and, if the o Secret comes first before the promise to keep the secret
individual is a registered practitioner, to formal 3. Professional Secrets
professional misconduct hearings. o Understanding at the very start that you will not say
• Your work in health care puts you in the privileged anything before the secret comes out
position of finding out a lot of information about the
people you care for. Graver Cause:
• 1. Personal decision
• You’ll learn about their health problems, their
• 2. Reportable cause
employment, their family, perhaps even their income.
• 3. Legal case
• They will speak to you about things very close to them
personally – sometimes they will talk about things they Mandatory Disclosure
haven’t even discussed with their family. • Communicable disease
• And you’ll be supporting them in some of the intimate • Child is physically abused
aspects of daily life – washing, dressing and going to the o Report even if it is just a suspicion, report to
toilet, for instance. SOCIAL SERVICES
• Amongst the ethical principles, another major one is o Evidence of Child Abuse and Neglect
confidentiality, or the obligation of a physician/nurses to Bruises in different stages of healing – “clumsy”
keep a patient's health information private. This is pretty o Black and blue – fresh
important, since patients have to trust their o Yellowish - healing
physician/nurses but may be afraid to honestly admit to -Bruises under the clothing
illegal or dangerous activity. Maybe they don't want the -Frequent hospitalization
cops to know that they were doing drugs; maybe they just -Child is guarded – withdraws from touch
don't want their mom to know that they were being - Quiet when parents are around but talkative when only healthcare
providers are around
reckless. However, both of these things are really
- Failure to thrive
important for physicians to know before administering
- Child is sexually abused
treatment.
o Familiar with vulgar/ sex language
• So as long as you're over 18, physicians cannot reveal
o Inspect perianal area
anything that you tell them about your personal health -Abusers do not usually penetrate the vagina because it is easily
without your written consent. This confidentiality clause detected by police/ hospital
extends beyond your death. Even if you stop seeing a -They usually penetrate the rectal area
certain doctor, that doctor is bound to the confidentiality -Vulnerable adults
clause. It protects your medical information and records o Elderly
from being released to unauthorized people or parties. o Mental incapacity
• Confidentiality is the protection of personal information.
Confidentiality means keeping a client’s information Example:
between you and the client, and not telling others A 30-year old married man consults a physician complaining about
including co-workers, friends, family, etc. his difficulty in urinating. He attributes this to what he had taken
five days ago when he attended a convention. After examinations of
• Requires the non-disclosure of private or secret
his blood and urine, he was told that he has Gonorrhea. He was
information with which one is entrusted
afraid that his wife might discover it. So he told the Doctor not to
tell anyone, including his wife for fear the she might leave him. He

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loves his wife and family. The wife however, after a week, asks the patient identifiable information should have access to it, and they
doctor as to the condition of her husband because she was a bit should only have access to the information items that they need to
worried why her husband does not want to make love with her. If see. This may mean introducing access controls or splitting
you are the doctor, should you confide to the wife about her information flows where one information flow is used for several
husband’s condition knowing that you know the obligation attached purposes. Action should be taken to ensure that those handling
to the Principle of Confidentiality? patient identifiable information - both clinical and non- clinical staff
- are made fully aware of their responsibilities and obligations to
respect patient confidentiality.
Maintaining Confidentiality Include:
-individual files are locked and secured 5. Everyone with access to patient identifiable information should
-support workers do not tell other people what is in a client’s file be aware of their responsibilities. Everyone with access to patient
unless they have permission from the client identifiable information should be aware of their responsibilities
-information about clients is not told to people who do not need to
know 6. Understand and comply with the law. Every use of patient
-clients’ medical details are not discussed without their consent. identifiable information must be lawful. Someone in each
-adult clients have the right to keep any information about organization handling patient information should be responsible for
themselves confidential, which includes that information being kept ensuring that the organization complies with legal requirements.
from family and friends.
-Respecting the client's right to keep private information about his What can be considered as confidential information?
or her mental and physical care and related care. Any information that an individual wishes not to make public is
-Allowing only those dealing with client's care to have access to the considered as confidential information.
information that the client divulges. Information that is considered confidential can include:
-Only under precisely defined conditions can third parties have • name, date of birth, age, sex and address
access to this information. • current contact details of family, guardian, etc.
-Adult clients can decide which family members, if any, may be • bank details
involved in treatment and may have access to clinical information. • medical history or records
• personal care issues
Breach of confidentiality
• service records and file progress notes
• A breach of confidentiality occurs when a patient's private
• individual personal plans
information is disclosed to a third party without their
• assessments or reports
consent. There are limited exceptions to this, including
• 9 guardianship orders
disclosures to state health officials and court orders
requiring medical records to be produced.
Truth-telling
• Computerization of Medical Records
Truth-telling or honesty is seen as a basic moral principle, rule or
• Access to hospital patient charts
value. Truth-telling, the act of sharing one's knowledge and the
• Patients discussed by colleagues limitation of one's knowledge with accuracy and sensitivity to the
clinical impact of the disclosure, is also an ethical imperative in
medicine as practiced in this country. The truth-telling duty derives
The 6 Principles of Confidentiality from the philosophical principle of respect for the truth. It entails
1. Justify the purpose(s)- Every proposed use or transfer of patient that information must be trustworthy and conveyed in a manner
identifiable information within or from an organization should be that can be understood and meaningfully applied by the patient.
clearly defined and scrutinized, with continuing uses regularly
reviewed, by an appropriate guardian. The value of telling the truth in health care
1. Respect for the patient as a person who is able to make decision.
2. Don't use patient identifiable information unless it is absolutely - To consent to any health intervention,
necessary. Patient identifiable information items should not be
a person requires sufficient and
included unless it is essential for the specified purpose(s) of that
truthful information to make an
flow. The need for patients to be identified should be considered at
each stage of satisfying the purpose(s). informed and conscious choice;
arguably, patients cannot make
3. Use the minimum necessary patient-identifiable information. effective decisions without truthful
Where use of patient identifiable information is considered to be information.
essential, the inclusion of each individual item of information should
be considered and justified so that the minimum amount of 2. The duty and trust; where everyone has a strict duty to tell the
identifiable information is transferred or accessible as is necessary truth even if it might be harmful. According to Kant.
for a given function to be carried out. - Kant further supposes that telling the truth is
always a duty, whether it relates to the other’s
4. Access to patient identifiable information should be on a strict right to know or results in innocent people being
need-to-know basis. Only those individuals who need access to severely harmed. In other words, from a

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deontological point of view, competent patients Consider this:


should be told the truth regardless of the Is lying to a patient ever justified? If a patient finds out that you
consequences. have lied to them, will they have reason to trust you?

3. The physical and psychological benefits of telling the truth.


- One of which is the positive benefit on the
patient; those who are well informed tend to
collaborate with health professionals and seek Veracity in the Health Care Setting
to be treated. It refers to comprehensive, accurate, and objective transmission of
information, as well as to the way the professional fosters the
- In terms of psychological benefit, knowing one’s patients or subjects understanding.
prognosis and diagnosis is far less debilitating
than worrying about the unknown because Importance of Ethics of Veracity in the Medical/ Health care
patients who are not given the opportunity to • Patients place a great deal of trust in their physician, and
reveal their own fears and worries may be left may feel that trust is misplaced if they discover or
anxious and convinced that they have the most perceive lack of honesty and candor by the physician.
horrible fate ahead.
• Patients have the right to know their health information,
The Challenge of telling the truth and physicians are obliged to provide it.
✓ Respect for patient as a person to be told the truth may
• It is very important while sharing medical information that
possibly contradict with a patient’s right not to know such
nothing remains uncertain.
truth.
• Telling the patient the truth ensures that the correct
✓ In some cases, patients prefer not to be told or have full
information is given and correct choice for the patient is
information of their health conditions, of a serious
made.
diagnosis, but would rather wish a family member be
informed. • Truth telling fosters trust in the medical profession and
rests on the respect owed to patients as persons.
✓ In any health care codes of ethics, it is generally
established that health professionals ought to respect • Prevents harm, as patients who are uninformed about
their patients’ wishes and preferences. Yet, this respect of their situation may fail to get medical help when they
wishes is not just about the patient’s right to know, but should.
extends to respect a patient’s right not to know.
• Truth-telling obviously is a necessary to avoid another
✓ when there is conflict with other obligations, one can vital interest that may help in promoting the healing
override the other obligation. This is in particular relevant process which the intervention hopes to achieve
to the principles of beneficence and non-maleficence
which are used to justify for not telling the truth to • Truth-telling is important because it shows respect for
patients. people and allows them the right to autonomy – giving
them all the information they need to make their own
Veracity choices.

-defined as being honest and telling the truth Health Care ethics:
-the basis of the trust relationship established between a patient ✓ is being completely truthful with patients; nurses must not
and a health care provider. withhold the whole truth from clients even when it may
-the obligation of veracity, based on respect for patients and lead to patient distress.
autonomy, is acknowledged in most codes of ethics, including the
codes of the ADHA and the ADA. ✓ Modern health care is based on a complex set of
-Habitual observance of truth. covenants between the practitioner and patients, which
- It is concerned with being open, honest and truthful with people. work best under conditions of trust, veracity and fidelity
-Accurate transfer of information in a way that is suitable for the
individual to understand. ✓ Tolerance for lying damages the system of health care
- One of the basic moral and ethical principles in society. It is delivery.
entrenched in medical ethics and in nurses’ ethical codes.
✓ Allied health and nursing specialists should be committed
-Duty to tell the truth to the truth
-Fundamental to the development and continuance of trust among
Veracity- Informed Consent
human beings - truth telling, integrity and honesty

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Patients need to know the truth about their medical situation and Fidelity is considered by many nurses to be the most common
their options. However, some patients or their families may not source of ethical conflict. Health care professionals may find
want the full truth disclosed to them. themselves caught between what they believe is right, what the
patient wants, what other members of the health care team expect,
Justifying Less than Full Disclosure and what is required by organizational policy and the law.
-Sometimes, patients request that information be withheld, but
withholding information does not always undermine veracity or
violate the truth principle.

- Clinical judgment is always required because in some cases, even a


reluctant and intimidated patient who requests not to be informed
needs to know some truths.

The Ethics of Veracity and Cultural Influence


-In this collective decision process, relatives receive information
about the patient’s diagnosis and prognosis and make treatment
choices, often without the patient’s input.

The health care professionals need more awareness, and training to


increase their skills in the ethics of veracity and also the
communication skills especially in the context of breaking bad news
in telling the patient the truth about diagnosis, treatment
outcomes, and prognosis of any serious illness; such skills have been
found to improve doctor-patient relationship, satisfaction with care
• Obligation of an individual to be faithful to
and patient health outcomes
commitments to him/herself and also to others
• Main support for the concept of accountability
Truth. This principle implies that practitioners should tell • Keeping information confidential and maintaining
patients the truth at all times. ❑Principle binds health care privacy and trust
provider and patient to be truthful.
✓Does a nurse tell the truth when it is known that it will cause Consider this:
harm? To whom to do we owe fidelity? Who has the right to access
✓Does a nurse tell a lie when it is known that the lie will relieve patient medical records? When should we “blow the whistle”
anxiety and fear? on unsafe staffing patterns?
• Have continuing education – Professional
Development
FIDELITY
• Patient’s record – about the patient but owned by the
the ethical principle of fidelity directs us to model care delivery with
altruism, loyalty, caring, and honesty hospital
-unflinching loyalty, steadfastness, and adherence to ones views, • Doctor’s permission
obligations, vows, promises, or morals • Medical records’ permission
- it can also be used to mean accuracy.
- strict observance of promises, duties and by continuing loyalty and Case:
support. The parents of 9-year old Kevin who is suffering from a
metastatic bone cancer request that the child not be told of the
Fidelity refers to meeting the patient’s reasonable expectations illness. Should the attending doctor comply?
regarding respect, competence, subscribing to a professional code Dr. E. Kubler Ross, the question:
of conduct, following policies and procedures honoring agreements • “Should we tell the child?”
made between clinician and patient Should not be an issue, rather we should ask:
• “How do I share this with the patient?”
NURSES PROMISE TO PROVIDE COMPETENT CARE TO PATIENTS A. The physician should comply
AND TO DO SO IN A WAY THAT IS HONEST, RESPONSIBLE AND B. Parents should have full decision control
FAIR. C. The physician knows what is the best for the child
D. Parents should be allowed considerable time to accept
seriousness of child’scondition and to be honest to their
children

Fidelity in Nursing

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✓ Fidelity in nursing means that nurses must be faithful to Principle of Fidelity can be formulated
the promises they made as professionals to provide in the following manner:
competent, quality care to their patients. ✓ One should keep his/her promises to others and maintain
the trust necessary to retain the relationships which binds
✓ It directs us to model care delivery with altruism, loyalty, them together.
caring, honesty and respect
✓ This principle captures in a special way the element of
✓ It speaks to the special relationship developed between trust which must exist between persons who are mutually
patients and their healthcare provider bound to each other by circumstances or choice.
✓ Fidelity is faithfulness, or loyalty. Each owes the other ✓ It takes the form of the promise of confidentiality and the
loyalty; although the greater burden is on the medical pledge to keep the patient from harm, a pledge in which
provider, increasingly the patient must assume some of patients place their most fervent trust.
the responsibility)
Obligation that the Principle of Fidelity place upon the
✓ Root of fidelity is the importance of keeping a promise, or Healthcare professional
being true to your word. The nurse must be faithful and ✓ The element of trust is often transferred to the
true to their professional promises and responsibilities by technologies and the human relationship becomes
providing high quality, safe care in a competent manner. secondary or sometimes even lost.

✓ It is important for the nurses to provide competent care to ✓ This phenomenon is further aggravated by the
the patient or client with honesty, responsible and fair. vulnerability of the patient

✓ Health care professionals may find themselves caught ✓ That there is nothing more important than the
between what they believe is right, what the patient relationship which exists between the caregiver and the
wants, what other members of the health care team patient
expect, and what is required by organizational policy and
the law. ✓ It is this relationship which is the medium for genuine
healing and fidelity is the glue which holds it together
✓ Nurses need to put aside any negative feelings they might
have about such patients and adhere to the standard of JUSTICE
care. The maintenance of this ethical principle is seemingly simple in the
abstract and complex in application, as it deals with the concept of
✓ Nurses should talk with their team members if they fairness, just deserts and entitlement.
believe their feelings toward a patient could compromise • Procedural Justice
care. • Distributive justice
• Compensatory justice
✓ Fidelity requires nurses to treat all patients with respect
• Retributive justice
regardless of their religion, culture and belief.
Justice in health care is usually defined as a form of fairness, or as
Aristotle once said, "Giving to each that which is his due.“ This
principle of justice can be applied to nursing process by providing
fair care to poor just like with the rich people.
It is equally possible to conceive of the principle of justice
(sometimes ‘social justice’) as having grounds in the fundamental
value of human autonomy. Thus, proposals for the unequal
treatment of people again require the burden of proof. Justice, to
the contrary, demands equal opportunities.
Justice is also the principle that covers normative aspects that are
often discussed in the terminology of solidarity and reciprocity.
- Justice, as a principle in healthcare ethics, refers to
fairness, treating peopleequally and without prejudice,
and the equitable distribution of benefits and
burdens,including assuring fairness in biomedical
research. Most of the time difficulthealthcare resource
allocation decisions are based on attempts to answer
questions regarding who has a right to health care, how
much health care a personis entitled to, and who will pay

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SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

for healthcare costs.Remember, however, justice is one of Deciding what interventions should be provided for
Plato’s cardinal virtues.This means that justice is a broad patients when some of those interventions may cause
concept in the field of ethics and is considered to be both pain
Burn clients receiving mafenide acetate
a principle and a virtue.
• Give analgesics prior to wound care
• The duty to treat all patients fairly
• Stinging sensation when applied
• Equal treatment of equal cases and equal This principle may create a duty when the law doesn’t - Doing
distribution of benefits - no discrimination on the something out of duty at times
basis of sex, race, religion, age and socioeconomic Often conflicts with the principle of autonomy
status Beneficent act: A nurse prevents a patient from acting
on suicidal impulses
• Involves allocation of scarce and expensive health
Good Samaritan Act
care resources
Examples:
Mon, a so-so swimmer, sees Marco drowning
Two Types of Justice Jay brings her lunch to school every day. One day, she
1. DISTRIBUTIVE JUSTICE addresses the degree to which saw a thin boy watching her eat. The boy extends his
healthcare services are distributed equitably throughout hands asking for food
society.
Beauchamp & Childress (2013) identify six material Acts of beneficence include such virtuous actions as:
principles that must be considered, while recognizing that • Care
there is little likelihood all six principles could be satisfied • Compassion
at the same time. • Empathy
a) To each person an equal share • Sympathy
b) To each person according to need • Altruism
c) To each person according to effort • Kindness
d) To each person according to contribution • Mercy
e) To each person according to merit • Love
f) To each person according to free-market • Friendship
exchange • Charity.

2. COMPARATIVE JUSTICE determines how healthcare is Limitations of the principle of Beneficence


delivered at the individual level. It looks at disparate Thus there are some limits to the principle; that is, it is not ‘free
treatment of patients on the basis of age, disability, standing’ and its application can be appropriately constrained
gender, race, ethnicity, and religion. by other moral (for example, utilitarian) considerations.
(1) Beneficence can be overridden by the patient's desire to
BENEFICENCE follow her own value agenda and priorities (according to the
It came from the Latin word "benefactum" which means "good principle of autonomy) which might be at variance with those
deed". Comes from the Latin “benefices”, from bene (meaning of the clinician.
‘well’ or ‘good’) and facere (meaning ‘to do’). (2) Clinicians are not acting beneficently if they are pursuing a
Acting in such a way to benefit others while promoting their course of treatment for the patient which is futile or where the
welfare and safety. burdens disproportionately outweigh the benefits for the
The principleof doing good while preventing and avoiding patient
harm. (3) Clinicians are not required to act beneficently toward
The principle of beneficence prescribes ‘above all, do good’; in patients by providing interventions which are scare resources,
practice, it entails a positive obligation to literally ‘act for the e.g., certain kinds of transplant surgeries
benefit of others’ viz contribute to the welfare and wellbeing of
others (Beauchamp & Childress 2001: 166). NON- MALEFICENCE
Acts of beneficence can include such virtuous actions as: care, • This principle holds that there is an obligation not to inflict
compassion, empathy, sympathy, altruism, kindness, mercy, harm on others. It is closely associated with the
love, friendship and charity. maxim primum non nocere (first do no harm). This principle
“One should render positive assistance to others (and affirms the need for medical competence.
abstain from harm) by helping them to further their • •Comes from a Latin words:
important and legitimate interests” • ‘non’ to mean ‘not’; malos’ from which ‘male’ is taken to
• Duty to actively do good for patients mean ‘bad/evil’ and ‘faceo’ from which ‘fic’ comes which
• Primary goal of healthcare is to do good for means ‘do/make’.
patients under their care • maintaining a trusting client-provider relationship, and
Consider this: restoring client dignity.

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ST. PAUL UNIVERSITY PHILIPPINES ST. RITA OF CASCIA 2023
SCHOOL OF NURSING 1ST SEMESTER, A.Y. 2020-2021

• Duty to prevent or Avoid Harm Whether Intentional or • Withholding treatment is an act of omission while
Unintentional withdrawing treatment is an act of commission.
• Does not mean avoidance of harm altogether… avoidance • Treatment is not only in terms of medications but also
of harm unless the action promises a greater good utilization of equipment, intubation, ventilators and
• Different issues on euthanasia, withholding and feeding tubes
withdrawing treatment and the use of artificial nutrition
and hydration Two Major Points of NON-Maleficence
1. It acts as a threshold for treatment.
Consider this: 2. non-maleficence is constant in clinical practice.
• Is it harmful to accept an assignment to “float” to an
unfamiliar area that requires administration of unfamiliar Criteria in Determining Negligence
medications? The professional must have the duty to the affected party
• Is it acceptable to refuse an assignment? 2. The professional must breach that duty
• Go but choose patients that you could handle 3. The affected party must experience a harm
• Only do something within your capability 4. The harm must be cause by the breach duty
• General Rule: If what you did is what a prudent nurse have
done in the same situation, you are covered – Nursing The Principle of Double-Effect
Jurisprudence ✓ This doctrine says that if doing something morally good
has a morally bad side-effect it's ethically OK to do it
Examples: providing the bad side-effect wasn't intended. This is true
• Tony has AIDS. He is bedridden and emaciated. He asks even if you foresaw that the bad effect would probably
the doctor to give him medicine to end his life happen.
• Perla has a lump in the breast. When she consults at a
public hospital, the doctor asks 8 medical students to feel There are four conditions that usually apply to the principle of
the lump double effect:
• Ben has a urethral secretion, which reveals gonorrhea. 1. The nature of the act.
Clara, the clinic nurse on duty, is a good friend of Fe, Ben’s 2. The agent’s intention.
wife. Fe asks Clara for the result of the test 3. The distinction between means and effects.
4. Proportionality between the good effect and the bad
Case: effect.
Nino, a 52-year old male is in coma in the ICU with a massive
inoperable intracranial bleed. His attending physician orders IV
fluid, medications, intubation and respirator support. He talks
Additional Notes/Reminders:
to the family to inform them of the poor prognosis and
probability the patient is going to die in 1 week. The wife insists 1. PPT notes are in BLACK
that all aggressive measures be done. She has 7 children but no 2. Lecture notes are in RED
means of support. What should the doctor do? 3. Information retrieved in books are in BLUE
A. Do as the wife insists
B. If treatment is useless and impose excessive burden,
recommend stopping the tx
References
C. Transfer the patient to another MD
D. Transfer patient to the Service ward

PRINCIPLE OF PROPORTIONALITY
• Do all available means have to be used all the time? Transers
• How long these means should be used?
• Is treatment effective? Cuntapay, Galupo, Molina, Rafanan, Pazzibugan, Zacarias
• Will it impose unacceptable burden?

Euthanasia & Assisted Suicide


• Orthothanasia – letting the incurably diseased person “die
his own death’ while making no extra efforts to prolong
his life.
• Passive Euthanasia – refraining of any medical treatment
aimed at retarding death
• Active Euthanasia – terminating a person’s life in a
painless way, at his request & with the intention to
prevent person from suffering

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