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MORALS AND ETHICS TYPES OF DUTIES

Although the terms morals and ethics are often used • Perfect Duty – one which we must always observe
interchangeably, ethics usually refers to a standardized code as irrespective of time and place or circumstances
a guide to behaviors, whereas morals usually refers to an • Imperfect Duty – one which we must observe only on some
individual’s own code for acceptable behavior. occasions
KANT’S ETHICAL PRINCIPLE IN THE MEDICAL CONTEXT
MORALS • It is always wrong to lie, no matter what the consequences
• Morals arise from an individual’s conscience. may be
• They act as a guide for individual behavior and are learned • Always treat people as ends not only as means
through instruction and socialization. • An action is right and legitimate insofar as it satisfies the
• You may find, for example, that you and your patients categorical imperative
disagree on the acceptability of certain behaviors, such as • Some rights should be recognized
premarital sex, drug use, or gambling.
• Even in your nursing class, you will probably encounter TELEOLOGICAL THEORIES (UTILITARIANISM)
some disagreements because each of you has developed • Contrasted with deontology, the ethical approach of
a personal code that defines acceptable behavior. utilitarianism is to promote the greatest good that is possible
in situations (i.e., the greatest good for the greatest
ETHICS number).
• Ethics – part of philosophy that deals with the rightness or • Take their norms or rules for behaviors from the
wrongness of human behavior. It is also concerned with the consequences of the action.
motives behind behaviors. • This theory is also called utilitarianism.
• Bioethics – the application of ethics to issues that pertain • According to this concept, what makes an action right or
to life and death. The implication is that judgments can be wrong is its utility, or usefulness.
made about the rightness or goodness of health-care • Usefulness is considered to be the amount of happiness the
practices. action carries.
• “Right” – Encompasses actions that have good outcomes
ETHICAL THEORIES • “Wrong” – Composed of actions that result in bad
outcomes.
DEONTOLOGICAL THEORIES • Based on this idea, ethics depends on what people want
• Take their norms and rules from the duties that individuals and desire.
owe each other by the goodness of the commitments they • The passions determine what is right or wrong. However,
make and the roles they take upon themselves. individuals who follow teleological theory disagree on how
• The term deontological comes from the Greek word deon to decide on the “rightness” or “wrongness” of an action
(duty). (Guido, 2001) because individual passions differ.
• Deontological ethics considers the intention of the action, • Utilitarians place great emphasis on what is best for groups,
not the consequences of the action. not individual people. In doing so, the focus is on moral acts
• In other words, it is the individual’s good intentions or that produce the most good in terms of the most happiness.
goodwill (Kant, 1949) that determines the worthiness or • By aiming for the most happiness, this theory focuses on
goodness of the action. good consequences, utility (usefulness), or good ends.
• Although happiness is the goal, it should be kept in mind
KANT’S ETHICS (KANTIANISM) that utilitarianism is not based merely on subjective
• Ethical view is sometimes called deontologism for its preferences or judgments of happiness.
emphasis on “duty or obligation” • Commonsense ethical directives agreed upon by groups of
• Form of “intuitionism” -> internal motive or intention -> people are usually applied
motivist theory
• Maintains that a person acts morally, only, if he does PRINCIPALISM
whatever he is obliged to do • This theory integrates existing ethical principles and tries to
• Act done in accord with duty and act done from a sense of resolve conflicts by relating one or more of these principles
duty to a given situation.
o Accord with Duty – One who performs his/her • Ethical principles actually influence professional decision
functions merely out of the desire to do so or out of fear making more than ethical theories.
of being accused of negligence is acting in
o Sense of Duty – One who recognizes that there is a ETHICAL PRINCIPLES
special obligation to perform his/her function • Ethical principles assist decision making because they are
a standard for measuring actions.
CATEGORICAL IMPERATIVE • Ethical principles are not confined to specific behaviors.
• mandates an action without any conditions lays down a They act as guides for appropriate behaviors.
universal rule which, if followed will ensure that the person • They also take into account the situation in which a decision
is acting from a sense of duty must be made. Ethical principles speak to the essence or
HYPOTHETICAL IMPERATIVE fundamentals of the law rather than to the exactness of the
• Commands with a corresponding conditions and limitations law (Macklin, 1987).
• a directive to the effect that if you wish to achieve such an AUTONOMY
end, you must act in such a manner. The person is acting • Derived from the Greek words “Autos” (self) and “Nomos”
from a sense of prudence (Rule/Governance)
• Autonomy is the freedom to make decisions for oneself.
• This ethical principle requires that nurses respect patients’
rights to make their own choices about treatment. Informed
consent before treatment, surgery, or participation in “PATIENTS SELF-DETERMINATION ACT OF 1990”
research is an example. • Enacted in 1991
• To be able to make an autonomous choice, individuals • Designed to facilitate knowledge and the use of “advance
need to be informed of the purpose, benefits, and risks of directive”
the procedures to which they are agreeing.
• Advance Directive
o Written expression of patient’s wishes about medical
SELF-GOVERNANCE care
• Making an independent choice o May be self-written instruction or prepared by
• Self determination and freedom someone else as instructed by the patient
• Independence – free of threats, force, or coercion
TYPES OF ADVANCE DIRECTIVE
FOUR BASIC ELEMENTS ➢ Living Wills
• Must be able to determine personal goals ➢ Legal documents giving directions to
• Has the capacity to decide on a plan of action health care providers related to
• Has the freedom to act upon the choices withholding or withdrawing life support if
• An autonomous person is respected certain conditions exist
o Maintaining confidentiality ➢ Durable Power of Attorney
o Facilitating patient choice regarding treatment options ➢ Allows a competent person to designate
o Allowing the patient to refuse treatment another as a surrogate or proxy to act on
her behalf in making health care
INFORMED CONSENT decisions in the event of the loss of
decision making capacity.
• Known as “enlightened consent”
• Provides legal protection of patient’s right to autonomy
• Consent forms -> Legal Documents -> “Prima Facie” (first NONMALEFICENCE
hand evidence) • The ethical principle of nonmaleficence requires that no
harm be done, either deliberately or unintentionally.
ELEMENTS • This rather complicated word comes from Latin roots:
• Competence – Capacity for decision-making o Non = not
• Disclosure – content/information o male (pronounced mah-leh) = bad
• Comprehension – information given has been understood o facere = which means to do.
• Voluntariness – consent must be voluntary • The principle of nonmaleficence also requires that nurses
protect from danger individuals who are unable to protect
TYPES themselves because of their physical or mental condition.
• Implied – verbal (ex: physical exam) • Nurses should not participate in treatments or procedures
• Expressed – written (ex: invasive procedures) that will harm the patients
• Examples:
FUNCTIONS o Do not kill
• Protective – safeguarding o Do not cause pain to others
• Participative – Involving decision-making o Do not cause offense to others
o Do not incapacitate others
INDIVIDUALS WHO CAN NOT GIVE INFORMED CONSENT o Do not deprive others of the good of life
• Minors/persons under the age of maturity • Hippocratic Oath
• Mentally incompetent o I will use treatment to help this sick according to my
• Those who speak a foreign language ability and judgement, but I will never use it to injure
or harm them
FORMS OF DEFIANCE OF PATIENT’S AUTONOMY
• Employment of intervention without the use of the patient’s STANDARD OF DUE CARE
personal capacity to make his choices & decisions • With emergency cases, attempting to save lives after a
• Employment of intervention against the patient’s choices & major accident justifies the risk created by such emergency
decisions measures
• Omission of an intervention that is in agreement with the
patient’s choice & decision
• Withdrawal of the services of a health care professional &
making a referral of the case without the informed choice of
the patient

CONDITIONS FOR INAPPLICABILITY OF THE


PRINCIPLE OF AUTONOMY
• The patient freely decides to waive his consent for health
care services and delegates authority to trusted person
• The patient’s competence to make informed decision is
absent or impaired and that the case is a matter of life and
death
• Autonomy is exercised to inflict harm upon oneself or others
• Rescue persons from danger

COMPONENTS
• Promote good
• Prevent evil or harm
• Remove evil or harm

JUSTICE
• The principle of justice obliges nurses and other health-care
professionals to treat every person equally regardless of
gender, sexual orientation, religion, ethnicity, disease, or
social standing (Edge & Groves, 2005).
• The right and the demand to be treated justly, fairly, and
equally
• Everyone should be treated and judged by the same criteria
according to this principle.
BENEFICENCE • Giving each one his or her due
• The word “beneficence” also comes from Latin:
o Bene = well/good TYPES OF JUSTICE
o Facere = to do. • Criminal
• The principle of beneficence demands that good be done o “Just infliction of punishment proportionate to the
for the benefit of others. crime committed”
• For nurses, this means more than delivering competent • Distributive
physical or technical care. It requires helping patients meet o “Appropriate distribution of responsibilities, share of
all their needs, whether physical, social, or emotional. rights or roles”
• Beneficence is caring in the truest sense, and caring fuses o The concept of distributive justice necessitates the
thought, feeling, and action. fair allocation of responsibilities and advantages,
• It requires knowing and being truly understanding of the especially in a society where resources may be
situation and the thoughts and ideas of the individual limited (Davis, Arokar, Liaschenko, & Drought,
(Benner & Wrubel, 1989). 1997).
• Nonmalefecence, Attentiveness, Positive Reinforcement, • Rectificatory
Helpfulness, Truth Telling o “Just compensation for transactional problems”
• Blessings, Acts of Mercy, Kindness, Charity, Altruism, Love
& Humanity THEORIES OF JUSTICE
• All forms of Action Done for the Benefit of Others • UTILITARIAN
o Aims to benefit the greater number of people
TYPES
• Ideal Beneficence THE UTILITARIAN ALTERNATIVES
o “Benevolent act” ▪ Principle of Immediate Usefulness
o Going out of one’s way to do good to others ➢ To a candidate who is of greatest immediate
• Obligatory Beneficence service to larger group
o “Mandatory act” ▪ Medical Success Principle
o To do good, give aid to those who are in need ➢ To those for whom treatment has the highest
probability of medical success
EXAMPLE OF IDEAL BENEFICENCE ▪ Principle of Conservation
• A Nurse was riding on a bus. Suddenly, one of the ➢ To candidates who require proportionally
passengers fainted probably because of hypoglycemia and smaller amount of resources
fatigue. The nurse brings her to the nearest hospital, stays ▪ Principle of General Social Value
with the patient until the patient regained full control of ➢ Those candidates believe to have the
herself. In addition, the nurse brings the patient back to her greatest general social worth
home and gave her food. ▪ Parental Role Principle
➢ To those who have the largest responsibility
EXAMPLES OF OBLIGATORY BENEFICENCE to dependents
• Practicing sterile techniques during post- op dressing • EGALITARIAN
change o Demands that each one gets equal benefit
• Helping post-op patients breathe deeply regardless of the number
• Assisting an elderly patient in ambulation
• Offering a glass of water to someone who is thirsty THE EGALITARIAN ALTERNATIVES
▪ Principle of Saving No One
• Give love to abandoned children
➢ Gives priority to no one
▪ Principle of Medical Neediness
➢ To candidates with the most pressing medical
RULES OF BENEFICENCE needs
• Protect & defend the rights of others ▪ Principle of General Neediness
• Prevent harm from occurring to others ➢ To the most helpless/neediest candidates
• Remove conditions that will cause harm to others ▪ Principle of First Come, First Served Basis
• Help persons with disability ➢ To those who arrived first
▪ Principle of Random Selection
➢ To those selected by chance or random CONFIDENTIALITY
• LIBERTARIAN • The principle of confidentiality states that anything said to
o Emphasizes right to social and economic liberty nurses and other health-care providers by their patients
through fair procedures must be held in the strictest confidence.
• COMMUNITARIAN • Nondisclosure of private or secret information with which
o Considers the traditions and customs of practicing one is entrusted
justice in the community • Code of ethics: “The nurse hold in confidence personal
information and uses judgement in sharing this information”
IMPLICATIONS OF JUSTICE IN HEALTH CARE
• Individual should receive benefits due him/her by right THE ONLY FACET OF PATIENT CARE MENTIONED IN
• Individual should receive benefits he/she deserves after THE NIGHTINGALE PLEDGE
balancing competing claims of other persons against “I will do all in my power to elevate the standard of my profession
her/him and will hold in confidence all personal matters committed
• Individual should share in the burden of paying for the cost to my keeping and all family affairs coming to my
of health care and health research knowledge”

ACCORDING TO SOUTHEAST ASIA CENTER FOR TWO BASIC ETHICAL ARGUMENTS IN FAVOR OF
BIOETHICS MAINTAINING CONFIDENTIALITY:
• Every human being has a fundamental right to health • Right to Privacy
• Individual have the primary responsibility to promote their o Patients have the right to expect that personal &
own health private information will not be shared unnecessarily
• People have a right to seek the help of others among health care workers.
• Utility
FIDELITY o If patients suspect that health care providers reveal
• The principle of fidelity requires loyalty. sensitive and personal information indiscriminately,
• It is a promise that the individual will fulfill all commitments they maybe reluctant to seek care.
made to himself or herself and to others.
• Relates to loyalty within the nurse-patient relationship ARGUMENTS NOT IN FAVOR OF MAINTAINING
• For nurses, fidelity includes the professional’s loyalty to CONFIDENTIALITY:
fulfill all responsibilities and agreements expected as part of • Principle of Harm
professional practice. o can be applied when the nurse recognizes that
• Fidelity is the basis for the concept of accountability—taking maintaining confidentiality -> wrongful harm to
responsibility for one’s own actions (Shirey, 2005). others
• Obligation to act in good faith, keep vows and promises and • Principle of Vulnerability
fulfill agreements o the duty to protect others from harm is stronger when
• Cornerstone of a trusting nurse-patient relationship the third party is dependent on others

MODELS VERACITY
• Keeping one’s word of honor • Veracity requires nurses to be truthful.
• Loyalty to Commitments & Oaths • Truth is fundamental to building a trusting relationship.
• Reliability Intentionally deceiving or misleading a patient is a violation
of this principle.
• Deliberately omitting a part of the truth is deception and
violates the principle of veracity.
• “Truthfulness” = Universal Virtue
LEAN ON THE VALUES OF LOYALTY AND TRUST, • “Candor”
STANDING TRUE TO ONE’S WORD
IMPORTANCE IN PROFESSIONAL – PATIENT
RELATIONSHIPS
• Based on respect owed to others
• Relationship of trust between persons are necessary for
fruitful intervention and cooperation
• Close connection to obligation of fidelity & promise keeping

ACCOUNTABILITY
• Accountability is linked to fidelity and means accepting
responsibility for one’s actions.
• Nurses are accountable to their patients and to their
colleagues.
• When providing care to patients, nurses are responsible for
their actions, good and poor.
• If something was not done, do not chart or tell a colleague
that it was.

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