Ethical and Legal Issues

Published on 22/03/2015 by admin

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Objectives

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Be sure to check out the bonus material, including free self-assessment exercises, on the Evolve web site at http://evolve.elsevier.com/Urden/priorities/.

Morals and Ethics

Morals are the “shoulds,” “should nots,” “oughts,” and “ought nots” of actions and behaviors and have been related closely to sexual mores and behaviors in Western society. Religious and cultural values and beliefs largely mold a person’s moral thoughts and actions. Morals form the basis for action and provide a framework for evaluation of behavior.

Ethics is concerned with the “why” of the action rather than with whether the action is right or wrong, good or bad. Ethics implies that an evaluation is being made and is theoretically based on or derived from a set of standards.

Moral Distress

Moral distress is a serious problem for nurses. It occurs when one knows the ethically appropriate action to take but cannot act upon it. It also presents when one acts in a manner contrary to personal and professional values. There can be an internal conflict when one’s ethical framework clashes with the ethical beliefs of the patient.1,2 As a result, there can be significant emotional and physical stress that leads to feelings of loss of personal integrity and dissatisfaction with the work environment.3 Relationships with both co-workers and patients are affected and can negatively impact the quality of care. There is also a great impact on personal relationships and family life. It is therefore important that nurses recognize moral distress and actively seek strategies to address the issue through institutional, personal, and professional organizational resources. Knowledge and application of ethical principles and guidelines will assist the nurse in daily practice when ethical dilemmas occur. The American Association of Critical-Care Nurses (AACN) has written a position statement on moral distress that describes the phenomenon and lists actions for individual nurses and employers to address moral distress. Refer to Box 2-1. The AACN3,4 has created a framework to support those nurses who are experiencing moral distress (Figure 2-1).

Ethical Principles

Certain ethical principles were derived from classic ethical theories that are used in health care decision making. Principles are general guidelines that govern conduct, provide a basis for reasoning, and direct actions. The six ethical principles discussed here are autonomy, beneficence, nonmaleficence, veracity, fidelity, and justice (Box 2-2).

Box 2-2

Ethical Principles in Critical Care

Autonomy

The concept of autonomy appears in all ancient writings and early Greek philosophy. In health care, autonomy can be viewed as the freedom to make decisions about one’s own body without the coercion or interference of others. Autonomy is a freedom of choice or a self-determination that is a basic human right. It can be experienced in all human life events. Involving the patient and family in decision making is also an indication of respect and family-centered care.5

The critical care nurse is often “caught in the middle” in ethical situations, and promoting autonomous decision making is one of those situations. As the nurse works closely with patients and families to promote autonomous decision making, another crucial element becomes clear. Patients and families must have all the information about a particular situation before they can make a decision that is best for them. They not only should be given all the pertinent information and facts but also must have a clear understanding of what was presented.6 In this situation the nurse assumes one of the most important roles of the health care team, that is, as patient advocate, providing more information as needed, clarifying points, reinforcing information, and providing support during the decision-making process.

Beneficence

The concept of doing good and preventing harm to patients is a sine qua non for the nursing profession. However, the ethical principle of beneficence, which requires that one promote the well-being of patients, indicates the importance of this duty for the health care professional. The principle of beneficence presupposes that harms and benefits are balanced, leading to positive or beneficial outcomes.

In approaching issues related to beneficence, conflict with the principle of autonomy is common. Paternalism exists when the nurse or physician makes a decision for the patient without consulting the patient.

Traditional health care has been based on a paternalistic approach to patients. Many patients are still more comfortable in deferring all decisions about care and treatment to their health care provider. Active involvement by various organizations and agencies in regard to health care has demonstrated a trend toward the public’s need and desire for more information about health care in general, as well as more about alternative treatments and providers. Paternalism, or maternalism in the case of female providers, may always be a possibility in the health care setting, but enlightened consumers are causing a change in this practice of health care professionals.

Nonmaleficence

The ethical principle of nonmaleficence, which dictates that one prevent harm and correct harmful situations, is a prima facie duty for the nurse. Thoughtfulness and care are necessary, as is balancing risks and benefits. Beneficence and nonmaleficence are on two ends of a continuum and are often adhered to differently, depending on the views of the practitioner.

Veracity

Veracity, or truth telling, is an important ethical principle that underlies the nurse-patient relationship. Communication trust, or the trust of disclosure, is rooted in respect and based on veracity.7

Veracity is important when soliciting informed consent because the patient needs to be aware of all potential risks of and benefits to be derived from specific treatments or alternative therapies.810 Again, the critical care nurse may be in the middle of a situation where all the facts and information about a particular treatment option are not disclosed. Sometimes information has been given accurately to the patient and family but has been delivered with bias or in a misleading way. Veracity must guide all areas of practice for the nurse, that is, in colleague relationships and employee relationships, as well as in the nurse-patient relationship.

Fidelity

Fidelity, or faithfulness and promise keeping to patients, is also a sine qua non for nursing. It forms a bond between individuals and is the basis of all relationships, both professional and personal. Regardless of the amount of autonomy that patients have in the critical care areas, they still depend on the nurse for many types of physical care and emotional support. A trusting relationship that establishes and maintains an open atmosphere is positive for all involved.11 Making a promise to a patient is voluntary for the nurse, whereas having respect for a patient’s decision making is a moral obligation.12

Fidelity extends to the family of the critical care patient. When a promise is made to the family that they will be called if an emergency arises or that they will be informed of any other special events concerning the patient, the nurse must make every effort to follow through on the promise. Fidelity not only will uphold the nurse-family relationship but also will reflect positively on the nursing profession as a whole and on the institution where the nurse is employed.

Confidentiality is one element of fidelity that is based on traditional health care professional ethics. Confidentiality is described as a right whereby patient information can be shared only with those involved in the care of the patient. An exception to this guideline might be when the welfare of others will be put at risk by keeping patient information confidential. Again in this situation, the nurse must balance ethical principles and weigh risks with benefits. Special circumstances, such as the existence of mandatory reporting laws, will guide the nurse in certain situations.

Privacy also has been described as being inherent in the principle of fidelity. Privacy may be closely aligned with confidentiality of patient information and a patient’s right to privacy of his or her person, such as maintaining privacy for the patient by pulling the curtains around the bed or making sure that the patient is adequately covered.

Justice

The principle of justice is often used synonymously with the concept of allocation of scarce resources. With escalating health care costs, expanded technologies, an aging population with their own special health care needs, and in some cases a scarcity of health care personnel, the question of how to allocate health care becomes even more complex. With the recent passage of landmark legislation that will lead to major changes in health care, numerous questions are presently unanswered about the impact on our citizens.13

The application of the justice principle in health care is concerned primarily with divided or portioned allocation of goods and services, which is termed distributive justice. As health care resources become increasingly scarce, allocation of resources to certain programs and rationing of resources within certain programs will become more evident.

Medical Futility

The concept of medical futility has resulted in various discussions and proposed criteria and formulas to predict outcomes of care.1416 Medical futility has both a qualitative and a quantitative basis and can be defined as “any effort to achieve a result that is possible but that reasoning or experience suggests is highly improbable and that cannot be systematically reproduced.”17

Therapy or treatment that achieves its predictable outcome and desired effect is, by definition, effective. Effect must be distinguished from benefit, however; although predictable and desired, the effect is nonetheless futile if it is of no benefit to the patient.

Ethical Foundation for Nursing Practice

Traditional theories of professions include a code of ethics upon which the practice of the profession is based. It is by adherence to a code of ethics that the professional fulfills an obligation to provide quality practice to society.

A professional ethic forms the framework for any profession18 and is based on three elements: (1) the professional code of ethics, (2) the purpose of the profession, and (3) the standards of practice of the professional. The code of ethics developed by the profession is the delineation of its values and relationships with and among members of the profession and society. The need for the profession and its inherent promise to provide certain duties form a contract between nursing and society. The professional standards describe specifics of practice in a variety of settings and subspecialties. Nursing professionals must stay consistent with their values and ethics, and ensure that the ethical environment is maintained wherever nursing care and services are performed.19,20 Each element is dynamic, and ongoing evaluations are necessary as societal expectations change, technologies increase, and the profession evolves.

Nursing Code of Ethics

The American Nurses Association (ANA) provides the major source of ethical guidance for the nursing profession. The Code of Ethics for Nurses serves as the basis for nurses in analyzing ethical issues and decision making (Box 2-3).21

Box 2-3

Code of Ethics for Nurses

The nurse, in all professional relationships, practices with compassion and respect for the inherent dignity, worth, and uniqueness of every individual, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems.

The nurse’s primary commitment is to the patient, whether an individual, family group, or community.

The nurse promotes, advocates for, and strives to protect the health, safety, and rights of the patient.

The nurse is responsible and accountable for individual nursing practice and determines the appropriate delegation of tasks consistent with the nurse’s obligation to provide optimum patient care.

The nurse owes the same duties to self as to others, including the responsibility to preserve integrity and safety, to maintain competence, and to continue personal and professional growth.

The nurse participates in establishing, maintaining, and improving health care environments and conditions of employment conducive to the provision of quality health care and consistent with the values of the profession through individual and collective action.

The nurse participates in the advancement of the profession through contributions to practice, education, administration, and knowledge development.

The nurse collaborates with other health care professionals and the public in promoting community, national, and international efforts to meet health needs.

The profession of nursing, as represented by associations and their members, is responsible for articulating nursing values, for maintaining the integrity of the profession and its practice, and for shaping social policy.

From American Nurses Association: Code of ethics for nurses with interpretive statements, Washington, D.C., 2002, ANA.

What Is An Ethical Dilemma?

In general, ethical cases are not always clear-cut or “black and white.” The most common ethical dilemmas encountered in critical care are forgoing treatment and allocating the scarce resources of critical care. Before the application of any decision model is made, it must be determined whether a true ethical dilemma exists. Thompson and Thompson22 delineate the following three criteria for defining moral and ethical dilemmas in clinical practice:

One must pause, expand group consciousness about the issue, validate assumptions, look for patterns of thoughts or behaviors, and facilitate reflection and inquiry prior to making any decision.23

Steps in Ethical Decision Making

To facilitate the ethical decision-making process, a model or framework must be used so that all parties involved will consistently and clearly examine the multiple ethical issues that arise in critical care. There are various ethical decision-making models in the literature.24,25 Box 2-4 lists steps in a model that will be briefly discussed in this chapter.

Step One

First, the major aspects of the medical and health problems must be identified. In other words, the scientific basis of the problem, potential sequelae, prognosis, and all data relevant to the health status must be examined.

Step Two

The ethical problem must be clearly delineated from other types of problems. Systems problems result from failures and inadequacies in the health care facility’s organization and operation or in the health care system as a whole and are often misinterpreted as ethical issues. Social problems arising from conditions in the community, state, or country as a whole also are occasionally confused with ethical issues. Social problems can lead to systemic problems, which can constrain responses to ethical problems.

Step Three

Although categories of necessary additional information will vary, whatever is missing in the initial problem presentation should be obtained. If not already known, the health prognosis and potential sequelae should be clarified. Usual demographic data (e.g., age, ethnicity, religious preferences, educational/economic status) may be considered in the decision-making process. The role of the family or extended family and other support systems needs to be examined. Any desires that the patient may have expressed about the treatment decision, either in writing or in conversation, must be obtained.

Step Four