Various Ways of Understanding and Examining The Moral Life

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ETHICAL ASPECTS OF NURSING INFORMATICS  Interaction, monitoring and communication using

healthcare technology
 Wearable technologies and mobile devices
UNDERSTANDING ETHICS  Health and social media
 Ethics is a process of systematically examining varying
viewpoint related to moral questions of right and wrong ETHICAL ISSUES

1. Beauchamp and Childress (1994) 1. Privacy and Confidentiality


 Various ways of understanding and examining the  One of the most important ethical issues in nursing
moral life informatics is the need to protect patient privacy
 Ethical approaches may be: and confidentiality
a) Normative (presenting standards of right or  Nurses have access to a wide range of patient data,
good action) including personal and sensitive information
b) Descriptive (reporting what people believe  Access must be restricted to authorized personnel
and how they act) and that it is kept confidential
c) Explorative (analyzing the concepts and PRIVACY CONFIDENTIALITY
methods of ethics) - An individual’s right to - obligation of healthcare
keep their personal providers to protect the
2. Husted and Husted (1995) information and healthcare privacy of their patients’
 Practice-based data confidential information
 Examination of ways a person can exercise power - In patient’s care = - In patient’s care =
to bring about human benefit in ways one can act to respecting patient’s human protection of patient
bring about the condition of happiness dignity information

3. Velasquez, Andre, Shanks, and Myer (1987) 2. Informed Consent


 “well-based standards of right and wrong that  Nurses have a responsibility to ensure that patients
prescribe what humans ought to do, usually in are fully informed about the use of their data and
terms of rights, obligations, benefits to society, that they have given informed consent
fairness, or specific virtues”  Patients have the right to know how their data is
 Refers to the study of development of one’s ethical being used, who has access to it, and how it is being
standards protected

Common Characteristics: 3. Data Integrity and Accuracy


- dialectical and goal-oriented approach to answering  Patient data must be accurate and complete
questions that have the potential for multiple acceptable  Inaccurate or incomplete data can lead to error in
answers patient care and can compromise patient safety

BIOETHICS 4. Profession Standards and Conduct


 Study and formulation of healthcare ethics  Ethical and legal standards must be upheld
 Taken on relevant ethical problems experienced by
healthcare providers in the provision of care to 5. Inter-professional collaboration
individuals and groups  Ethical standards must be upheld when
 Emerged in 1970s as healthcare shifted focus from collaborating with other healthcare professionals to
mechanistic to holistic approach (recognition and protect patient privacy and confidentiality
acknowledgement of rights)
6. Patient Safety and Quality of Care
FUNDAMENTAL BACKGROUND (HUSTED, 1995)  Promote patient safety and autonomy while
1. The nature and needs of human as living, thinking adhering to the due standards of care
beings
2. The purpose and function of the healthcare system in a
human society ETHICAL DILEMMAS AND MORALS
3. An increased cultural awareness of human beings’ 1. Ethical Dilemmas
essential moral status  Arises when moral issues raise questions that
POTENTIAL OR THREATS cannot be answered with a simple, clearly defined
rule, fact or authoritative view
2. Morals RULES FOR GUIDING ACTIONS (PRINCIPALISM)
 Social convention about right and wrong human 1. Substantiative
conduct that is widely shared  Veracity
 Confidentiality
3. Moral Dilemmas  Privacy
 Arise with uncertainty  Fidelity
 Occurs when a person is confronted with
contradicting evidence as to whether an action is 2. Authority
morally right or wrong  Indicates who may or should perform procedures
 Respondeat superior
4. Uncertainty
 A stressful event that arises form inconclusive 3. Procedural
evidence on both sides of the dilemma and arises  Procedures to be followed
from unanticipated effects or unforeseeable
behavioral responses to actions or the lack action THEORETICAL APPROACHES
 Casuist Approach
ETHICAL DECISION MAKING  Case-based ethical reasoning that analyzes the facts
 Process of making informed choices about ethical of a case in a sound, logical, and ordered or
dilemmas based on a set of standards differentiating structured manner
right from wrong  Facts are compared to decisions arising out of
 Reflects an understanding of the principles, consensus in previous paradigmatic or model cases
standards, and philosophical approaches of ethical
decision making  Husted Bioethical Decision-Making Model
 Requires a systematic framework and flexibility  Centers on the healthcare professional’s implicit
 Values clarification agreement with the patient or client
 Guiding principles  Based on six contemporary bioethical standards:
 Theoretical approaches 1. Autonomy
 Model for Ethical Decision-Making 2. Freedom
 Four Guiding Ethical Principles (Beauchamp and 3. Veracity
Childress, 1994) 4. Privacy
1. Respect for autonomy 5. Beneficence
 Individual’s freedom from 6. Fidelity
controlling interferences by others
and from personal limitations that  Virtue Ethics
prevent meaningful choices  Emphasizes the virtuous character of individuals
 2 Elements: who make the choices
 Liberty  The cause of any moral weakness is not a matter of
 Individual’s capacity for character flaws but rather a matter of ignorance
intentional action  Plato emphasized that to lead a moral life and not
2. Nonmaleficence succumb to immediate pleasures and gratification,
 Obligation not to inflict harm one must have a moral vision
intentionally
 Negligence - departure from the  4 Cardinal Virtues
standard due of care towards others 1. Wisdom
 If there is the risk to safety 2. Courage
3. Self-Control
3. Beneficence 4. Justice
 Actions performed that contribute
to the welfare of others  Care Ethics
 Must not be unjust or cause harm to  Responsiveness to the needs of others that dictates
others providing care, preventing harm, and maintaining
4. Justice relationships
 Fair, equitable, and appropriate
treatment
 Less stringently guided by rules, but rather focus on  Rate the ethical reasoning and arguments for each
the needs of others and the individual’s alternative in terms of their relative significance
responsibility to meet those needs (4=extreme significance; 1=minor significance)
 (Benjamin and Curtis, 1992) “critical reflection and  Compare, contrast and reflect alternatives
inquiry in ethics involves the complex interplay of a  Refer to professional codes of ethical conduct
variety of human faculties, ranging from empathy
and moral imagination on the one hand to analytic 5. Choose alternative you recommend
precision and careful reasoning on the other  Make a decision about the best alternative available
 Golden rule: Does your decision treat others as
APPLYING ETHICS TO INFORMATICS you would want to be treated?
 The goal of any ethical system should be that a  Does your decision take into account and reflect an
rational, justifiable decision is reached interest in the concerns and welfare of all the key
 The information concerning an ethical dilemma players?
must be viewed in the context of the dilemma to be  Become your own critic
useful
 To make ethical decisions about informatics 6. Act on chosen alternative
technologies and patients’ intimate healthcare data  Formulate an implementation plan and implement
and information, the healthcare provider must be  The plan should maximize benefits, minimize risks
competent in informatics and take into account all resources necessary

THE ETHICAL MODEL 7. Look at ethical dilemma and examine outcomes


1. Examine the ethical dilemma (conflicting values)  Monitor, evaluate, revise as necessary
 Use problem-solving, decision making, and critical
thinking sills
 What is the dilemma?
 What needs to be decided?
 Who should be involved?
 Who are the interested players or stakeholders?
 How can you generate the greatest good?

2. Thoroughly comprehend possible alternatives


 create a list of the possible alternatives and predict
associated consequences of each
 Ask the following:
- Do any of the principles or rules automatically
nullify this alternative?
- if this alternative is chosen, what are the best and
worst-case scenarios?
- do the best case outcomes outweigh the worst case
outcomes?
- could you live with the worst-case scenario>
- Will anyone be harmed?
LEGAL ASPECTS OF NURSING INFORMATICS
- does the benefit overcome the risk of potential
harm that it could case to anyone?
HITECH ACT (Health Information Technology For
3. Hypothesize ethical arguments Economic And Clinical Health Act)
 Determine which of the approaches to apply  Development, adoption and implementation of
 Identify moral principles HIT policies and standards and provides privacy
 Ascertain whether approaches generate converging and security protections for the client
or diverging conclusions about what ought to be  Enacted due to less than 8% of US hospitals used a
done basic EHR system in at least one of their clinical
units
4. Investigate, compare, evaluate each alternative  Less than 2% of US hospitals had an EHR system
 Is there ambiguous information that must be in all of their clinical settings
evaluated?  Health Information Technology (HIT)
 Industry is an opportunity by the lawmakers to 2. Reduce the cost of health care by addressing
stimulate economy and improve the delivery inefficiencies, such as duplication of services within the
of healthcare healthcare delivery system, and by reducing the number
of medical errors.
GOAL 3. Improve people’s health by promoting prevention,
 HITECH Act seeks to change the situation by providing early detection and management of chronic
each person in the US an EHR diseases.
 Access to the person’s EHR will readily be available to 4. Protect public health by fostering early detection
every healthcare provider who treats the client no matter and rapid response to infectious diseases,
where bioterrorism, and improve healthcare quality by
enhancing coordination of services between and among
DEFINITIONS (under the stipulations of the HIPAA Act) the various healthcare providers a patient may have,
 Certified EHR Technology fostering more appropriate healthcare decisions at the
- An EHR that meets specific government time and place of delivery of services and preventing
standards for the type of record involved whether: medical errors.
 Ambulatory EHR by office-based 5. Improve people’s health by promoting prevention,
practitioners early detection and management of chronic diseases.
 Inpatient EHR used by hospitals 6. Protect public health by fostering early detection
and rapid response to infectious diseases,
 Enterprise Integration bioterrorism, and other situations that could have
- electronic linkages of healthcare providers, health widespread impact on the health status of many
plans, the government and other interested parties individuals.
- enables electronic exchange and use of health 7. Facilitate clinical research
information among all the component in the 8. Reduce health disparities
healthcare infrastructure 9. Better secure patient health information.
10. End other situations that could have widespread
 Healthcare Provider impact on the health status of many individuals.
- hospitals, skilled nursing facilities, nursing homes, 11. Better secure patient health information.
long-term care facility, home health agencies,
pharmacies and pharmacists, physicians & HIPAA Act (Health Insurance Portability and Accountability
therapists, hemodialysis centers, clinics, community Act)
health centers 1. Define protected health information as “Information
relating to one’s physical and mental health, the
 Health information technology provision of one’s healthcare, or the payment for the
- hardware, software, integrated technology or health care, that has been maintained or
related licenses, intellectual property, upgrades, or transmitted.”
packaged solutions sold as services that are 2. Propose that authorization by patients for release of
designed for or support the use of healthcare information is not necessary when the release of
entities or clients for the creation, maintenance, information is directly related to treatment and
access, or exchange of health information payment for treatment.
3. Specific authorization is not required for research,
 Qualified EHR medical and police emergencies, legal proceedings,
- contains a patient’s demographic and clinical and collection of data for public information
information, including medical history and list of pertinent to the issue at hand. = All release must be
health problems, and is capable of providing properly documented.
support for clinical decision and entry of physician 4. Establish ownership of healthcare record and allow
orders for patient-initiated corrections and amendments.
5. Mandate administrative requirements for the
PURPOSE protection of health information= All healthcare
1. Improve healthcare quality by enhancing organizations are required to have:
coordination of services between and among the  a privacy official and
various HCPs a patient may have, fostering more  an office to receive privacy violation complaints
appropriate healthcare decisions at the time and place  a specific training program for employees that
fo delivery of services and preventing medical errors include a certification of completion
 a signed statement by all employees that they
will uphold privacy procedures must be
developed.
 all employees must re-sign the agreement to
uphold privacy every 3 years.
 sanctions must be clearly defined and applied.
6. Mandate that all outside entities that conduct
7. Allow protected health information to be released
without authorization for research studies. Patients may
not access their information in blinded research as it can
influence the study’s reliability.
8. Propose that protected health information may be
deidentified before release in such manner that the
identity of the patient is protected. = deidentitification
may be done through coding
9. Applies only to health information maintained or
transmitted by electronic means.

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