ETHICAL
DILEMMA THAT RELATES TO FAMILY INVOLVEMENT
by Ricky Ocampo RN
Introduction
A
nurse is faced with many decisions while executing his or her work responsibilities
(Milstead, 2016). Some of these decisions may cause
an ethical dilemma since the nurse may be confused
with the moral
choice to make. Ethical dilemmas can cause moral distress since the decisions
that the nurse has to make may conflict with his or her morals (Nickitas et al.
2014). As a nurse at the Kaiser Permanente recovery unit, I have been faced
with various ethical dilemmas that caused a moral distress. One such ethical dilemma was a situation where the
patient’s family requested that I should not tell the patient his condition
since they felt that the patient was not well enough to handle the news.
The patient was conscious and was of sound
mind according to my assessment. The family,
however, claimed that the he is not good at receiving bad news and his
poor stress coping mechanism could jeopardize his treatment and health care
decisions. Such an ethical dilemma needs a proper
knowledge of the nursing laws and principles as well as the patient’s rights to
ensure good decision-making. State and federal
statutes as well as prior rulings on legal cases that involved the ethical
dilemma are also to be considered while making a decision. This ethical dilemma
can violate ethical principles and laws,
and there are ways of solving moral distress caused by the difficulty.
Codes
of Conduct that Apply to the Ethical Dilemma
Decision-making
in the case where family feels that the
patient is not able to handle information about his medical condition is hard. On one hand, the patient deserves to have
full knowledge of his medical condition to participate in any health decisions.
On the contrary, the patient’s family
might have a valid reason to fear the
patient’s reaction based on their
experiences and interactions. They are also close to the patient and have his
best interest at heart. The decision should also protect the nurse and the
hospital from any malpractice suit from the family and the patient. Various
things including various professional guides and policies direct nurses’
decision-making. The nurses code of ethics that apply to this decision include provision 2 which states that a nurse’s
primary commitment is to the patient, whether an individual, population, community,
group or family. Therefore, the decision
to be made needs to be focused on the patient’s needs and wellbeing.
Another code of ethics that apply to
this scenario is provision 3 that states that a nurse protects advocates and promotes
the rights, safety, and health of the patient. This means that the nurse has to
ensure that the decision does not infringe upon the patient’s rights. The nurse
should also ensure that the patient’s rights are
balanced with his safety and health. Provision 9 can also apply in this
case. It states that the nursing profession, collectively through its professional
organizations, must integrate nursing values, the principle of social justice, and maintain the integrity into health
policy. Therefore, the nurse should ensure that the decision made is based
on professional ethic laws and the rules that govern healthcare. The nurse
should also remain unbiased while coming up with the solution of the problem.
The nurses’ code of conduct mostly addresses the patient and nurse relationship and does not mention the
rights of the patient’s family in regards to withholding patient information. To make a practical decision, there is need of
analysis of other laws that govern the right to medical information.
Ethical
Principle and Law that could be Violated
One ethical
principle that could be violated in the decision on the disclosing
of information as per the request of the patient’s family is the principle of
autonomy (Costello, 2010). This refers to the patient’s right to determine a
course of action in regards to his or her health. The nurse, the doctor, or any
other staff member should not interfere with
the patient’s right to a decision. This principle is governed by the Patient Self-Determination
Act, which was passed in 1990 by the Congress
(Taylor, 2014). The act also outlines how the patient can appoint a right of an
attorney to another person to make the
tough decisions if the patient is not able.
The only time the patient’s family is
allowed to make action under this
principle is when the patient is unconscious and
incapable of making a comprehensive judgment. The members of the family, however, need to be accorded the right
to an attorney for them to make these
decisions. Civil action can be pursued by the patient if they feel that the
nurses did not respect their autonomy. They can sue the nurses or the hospital
responsible for the malpractice. If someone else has the right to attorney, then they can make the decision
instead of the family.
One law that can be violated by the
decision is the right to informed consent. Accurate information on the health
condition of the patient should be presented to him so that he can make a
conclusive decision. The nurses need to inform the patient about the possible dangers of the course of
treatment that he may choose. The information should be accurate and unbiased
to ensure that the patient’s judgment is not compromised. In cases where the
patient is in a coma or is not able to receive information concerning his or
her health the person with the right of attorney is allowed to receive the
information.
The person with the right of attorney has to
ensure that he or she follows the patient’s instructions or wishes if any was left.
Proof that the patient is not in the right mind frame to receive information, however, can ensure that the
family conceals the patient health records. The proof is that the patient is
not mentally stable and has a history of mental illness, which can severely
affect his reaction and decision-making
process. Violation of the patient's right
to informed consent can lead to a civil
suit against the person responsible for the misconduct (Stoljar, 2011).
A Decision that Demonstrates
Integrity
A decision that shows integrity is one that ensures that the nurse’s code of
conduct is adhered to, and that prevents violation of the ethical principle and the law. The decision of availing
the information on his condition to the patient is the best decision in this
instance. This decision goes against the family wishes. This is because the
patient still has full rights to his
records and is entitled to react as he pleases from the medical report. The
patient’s family has the right to make decisions
about the patient’s health only when he
is not capable due to unconsciousness or poor mental health (Costello, 2010).
The family should be encouraged to monitor and communicate with the hospital
staff on the patient’s condition. They should also express their fears to the patient and offer their support for any
decision that he makes.
The counseling services that the
hospital offers can be used on the
patient to ensure that he accepts his medical state and on the family to ensure
that they are ready for any outcome that comes from the patient’s illness. The family should also learn to respect the
patient’s decisions and feelings. This decision also protects the hospital and
the nurse from civil suit advanced by the patient, which can be very costly.
The family cannot sue the hospital for going against their will since the law
does not give them the right to patient information when the patient is
competent. The family can, however, seek
legal action where they can prove to a court of law that the patient is not in
the right mind to receive information (Stoljar, 2011). They can convince the judges by showing previous cases
where the patient handled bad news in an
unfortunate manner. The hospital and the nurses will be obligated to
follow the court’s ruling on the matter.
Legal
Principles and Laws
The legal principle that applies to the ethical dilemma is the principle of autonomy. Independence means the right to self-determination. Therefore, the person has
the right to determine the course of action of his health. For the person to be
able to make a good decision on his health the hospital has to offer him all
the necessary information on his health. The principle of autonomy ensures that
the physicians, nurses or other hospital staff cannot withhold any health
information from the patient.
However, information can be concealed if
there is proof that the patient might be a danger to himself or others. However,
there is a need for sufficient evidence
that proves that the patient is not in the right mental condition to handle the
information or to make decisions. In this case,
the person that has the patient’s right to attorney
will be entrusted with the information and the decision-making
process. According to the Patient Self-Determination Act, which was passed by
the Congress in 1991 a competent patient, has the right to decide on his or her own (Taylor,
2014). The legal principle not only applies to medical practitioners but the
patient’s family as well. They need to respect the patient’s decision and
rights.
Prior
Legal Cases
The
practice of this law is seen in various court rulings. In the case of Union Pacific R. Co v Botsford,
the US Supreme Court ruled against the request by a railway company to perform
a surgical procedure on a woman who had
sued for a fall. The court argued that only the woman had the right to make the
decision. This ruling shows the patient’s right are supreme and though medical
personnel are more knowledgeable on health care
matters they still have to respect the patient’s wishes. The
New York court of appeals in the ruling of the 1914 case of Schloendorff v.
Society of New York Hospital the judge spoke against the action of treatment of
the patient without consent (Taylor, 2014).
The judge argued that an adult of sound mind had the right to make a decision on a procedure
to be performed on his or her body. This
ruling shows that if the patient is not of sound mind then his right to
information and decision-making can be taken
by someone else mostly the person given the power of attorney. In Cruzan v.
Director, Mo. Dept. of Health in 1990,
the US Supreme Court, ruled to terminate artificial nutrition and
hydration as per the wishes of the patient as relayed by the family. The
Supreme Court ruled that the patient had a right of refusal of treatment (Costello,
2010). This ruling is similar to the
case of Harvey v Strickland, 2002; the patient was a Jehovah Witness, who objected blood transfusion during
surgery. However, the need arose during surgery,
and the patient was unconscious and could not make the decision.
The surgeon sought the mother of the patient who
consented to a blood transfusion on the basis that it was an emergency. The
patient later on proceeded to court and the ruling made was that the patient’s
wishes against a blood transfusion were well
known by the surgeon and the mother,
and they should not have administered it (Goodwin, 2011). This ruling demonstrates the patient’s
wishes should be followed even if the
patient is unconscious. The rights of the patient should also be respected even if the patient decision may
cause harm or death to him or her.
In the state of California where the ethical
dilemma occurred the statute that governs the law is section 2355. The article says,
if the conservatee has been adjudged to lack the capacity to make health care
decisions, the conservator has the complete
authority to make medical judgments for the
conservatee in good faith based on medical guidance determines to be
necessary. The conservator shall make medical choices for the conservatee by the conservatee's individual medical wishes
and instructions to the extent known to the conservator. Otherwise, the
conservator shall make the judgment by the conservator's resolve of the conservatee's best
interest.
In defining the conservatee's best
interest, the conservator shall consider the conservatee's likes and principles to the level known to the
conservator. The conservator may need the conservatee to receive the health
care, whether or not the conservatee objects. In this case, the medical choice of the conservator alone is enough, and no
person is liable because the health care is directed to the conservatee without
the conservatee's consent (Goodwin, 2011). Therefore, the only time someone is
allowed the patient’s right to information and decision-making is when the
patient is not capable either due to unconsciousness or due to mental
instability. The person acknowledged the
rights should ensure that only the patient’s best interests and wishes are recognized in the choices made.
Differences between Ethical and Legal Reasoning
The
difference between ethical and legal reasoning is that ethical reasoning is an interpretation
of events or a subject based on a person views of rights and wrongs (Ulrich
et al. 2010). This thinking is
based on person’s religious and political ideologies. Legal reasoning, on the other hand, is thinking based
on the law. Legal reasoning in nursing is
controlled by the state and federal laws,
professional standards, and licensure. In a case where legal reasoning is not applied, it might lead to suspension or
termination of licenses and or criminal and civil action.
However,
professional codes of conduct might prescribe a set of ethical principles that
a person should adhere to while performing his or her responsibilities.
Deviation from these principles can lead to a disciplinary action from the
relevant regulatory body. This happens since ethical reasons are also influenced by the culture and
traditions of the community and not only the healthcare worker. A decision may
be legal but not ethical or ethical but illegal leading to moral distress.
An
ethical-legal decision-making model can be used to assist in coming up with a good decision on the ethical
dilemma. A model that applies to the case is principlism theory. This
is built on four key principles, which
are justice, non-maleficence, beneficence, and autonomy (Halstead, 2012). Justice refers to equality and fairness while
non-maleficence refers to not causing harm to the patient as explained in the
Hippocratic Oath. Beneficence refers to the nurse
focusing on the patient’s best interest while autonomy refers to the
patient’s right to make decisions (Nickitas et al. 2014).This approach focuses on the rights of the patient
as opposed to the rights of the family and the hospital staff. Using this
theory the decision to be made has to be fair, should not harm the patient,
address the patient best interests and give the patient a right to make
decisions.
Resolutions
to Resolve Moral Distress
There are ways to resolve moral distress
caused by the dilemma of either informing the
patient of his condition or to hide the status
as per the family’s request. One way is by hospital coming up with proper
decision-making and legal framework that addresses ethical dilemmas. Coming up
with hospital policies that address the decision-making mechanism on the issue
can help solve moral distress since it will make decision making easier (Cerit & Dinç, 2013). The nurse’s code of
ethics and other professional policies and laws can also be reviewed to enable
easy decision-making.
A
proper decision-making structure and framework will make it easy for nurses to
make a decision that affect patients, therefore, avoiding moral distress.
The medical worker can also use the hospital use in his or her defense in case
of legal issues arising from a decision made. If the worker has followed all
the hospital regulations, he or she can gain support from the management. The
hospital policies should also outline ways of dealing with patients and family
and offer education on legal rights that the nurses have while dealing with
ethical matters. Nurses that understand their legal obligations are going to use
them in making their decisions.
The second way of solving moral distress
caused by the ethical dilemma is the use of interdisciplinary efforts. This is
by bringing together nurses, doctors and other staff who have faced the
situation and can contribute to coming up
with a solution based on their
experiences. A support group of people facing an ethical dilemma and moral distress formed by staff members of
different disciplines can also help reduce the problem. The staff should also
offer moral support and understanding on decisions made by other members even
if they are facing civil or disciplinary action. This will reduce the stress
caused by the decision that they made. The interdisciplinary efforts should
also create and lobby for an environment that allows nurses and other
healthcare workers speak up on various ethical issues they face or other matters that affect them and the patients. This
will quickly help solve the ethical dilemma and moral distress by ensuring
the problem facing the nurses are addressed. Hospital teamwork can also foster
unity coexistence, which will ensure that members of different disciplines can quickly consult one another while confronted with tough decisions.
Providing ethics experts to deal all
forms of ethical dilemma that affect nurses and other hospital staff can also
be instrumental in handling moral distress caused by the ethical dilemma
(Burston & Tuckett, 2013). An ethical
committee should be formed to address all conflicting decisions. The
experts consist of people with experience in solving various ethical dilemmas.
This includes people that have knowledge of the federal and state laws. The
committee should educate the hospital personnel on the ethical dilemma and ways of avoiding moral distress. The group
responsible for the ethical issue in the
hospital should also come up with counseling services for nurses affected by
ethical dilemmas and moral distress. They should also recommend proper stress
coping mechanisms for the healthcare workers while monitoring any employees that abuse drugs or alcohol.
Conclusion
In conclusion, nurses face various
ethical dilemmas that cause moral distress while executing their tasks. An
ethical dilemma that I faced was whether to withhold medical information from
the patient as per the family’s request. The nurse’s code of ethics applies to
this particular case with provision 2, 3, and 9 relating to the decision that
should be made. The decision on the ethical dilemma can be affected by the
principle of autonomy and the patient’s right to informed consent. Autonomy
refers to the freedom of making healthcare decisions that patient enjoys while
informed consent refers to the patient’s right to all his or her health
information so as to make a good choice. A decision that would not violate the ethical principles and laws is ignoring the
family’s wishes and informing the patient of his medical condition. This
decision is in line with the nurse’s code of ethics, the principle of autonomy,
and the right to informed consent. The legal principle that applies in the case
is the principle of autonomy where there
are many court rulings to show how this particular law is used.
The difference between ethical reasoning
and legal reasoning is that legal reasoning is
based on the law, and moral reasoning is based on a person’s
principles. A decision-making model that can be
used in the case is principlism. There are three ways of solving moral
distress caused by the ethical dilemma in the discussion. One is by the hospital coming up with policies that address
various decisions that have to be made
and guidelines on how to deal with moral distress immediately before it
negatively affects the nurses. The second way is the use of interdisciplinary
efforts to ensure cohesion and support in the work area. The third one is the
use of ethical experts who have vast
knowledge of solving ethical distress and moral dilemma.
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