It is equally important to access the family condition and ties. Beneficence is valuable because it encourages a superior standard of nursing performance. Nevertheless, the consequences of such a decision to hold the news of poor prognosis could cause a delay in further treatment plan, and later on some paternalistic approach as directed by the family members in terms of care. Particularly in cases of serious illness and when there are far reaching implications for a patient's lifestyle, this process entails much more than just imparting information. If Jamaliah is capable and Bashir is not in agreement of her decision, it could legally be stated that they were negligent because they broke their duty to care and her patient rights. In this way, the principle of beneficence holds true but the probability of non-maleficence is high. It is a legal and ethical precondition to a patient's informed consent to a course of action. The healthcare providers are obliged to be truthful (veracity) to their patients and to respect the choices that their patients make. 32 Stasicratous Street The article refers to joint legal and ethical issues pertaining to withholding and withdrawing life-sustaining treatment and advance directives. Act in the best interest of the patient and advocate for the patient. Charalambous Tower In the paper to follow, I will discuss the implications of these four ethical principles in regard to the scenario in which a nurse is asked by the family members to withhold the information about the poor prognosis of the disease from a patient who is diagnosed with an inoperable tumor. The question arises, to what extent is it right to share patient related information with the family when the patient is in a perfect state of receiving and processing the information. hiding the prognosis from the patient and informing it to the family is in its self another ethical dilemma. Address: Cyprus Headquarters However, it may not be the perfect choice but it may result in maximum beneficence and minimum harm which could be avoided. Compare and contrast of ethical principles in the situation. In the health care area, one of the most important obligations of nursing staff is take the positive action to promote health and wellbeing of patients [7]. Consequently, while hiding the news the nurse at some point in time in future may provide false reassurance to the patient or give the wrong information so as to fulfill the family’s expectation of avoiding to tell the truth to the patient. Ethical and Professional Issues in Addiction Counseling Section One: Definitions, Principles I-III, and Cases ... •Beneficence •Autonomy •Obedience •Conscientious Refusal •Gratitude •Competence ... • Privileged communication is the legal recognition of a private, protected Nicosia 1065 5. The two principles of beneficence and non- maleficence often go simultaneously hand in hand. In this situation, patient’s rights are being disrespected and disregarded in the presence of laws that guide towards holding back the news of poor prognosis from the patient. The ethical principle of beneficence requires healthcare professionals to treat their patient in a way that provides maximum benefit to that patient and the principle of non-malificence assures the duty of healthcare staff to avoid causing any harm to the patient (Conn, Gillam, & Conway, 2005). The rights based justice deals with respect to people's rights rather than the law. The second thing I would choose to do would make sure that she is complete, competent. There is a conflict between the healthcare professionals and patients regarding the best choice. The NCLEX Exam: Legal and Ethical Considerations includes 65 multiple choice questions in 2 sections. Applying beneficen… The paper will also provide a compare and contrast of the application of these ethical principles in the given situation followed by the best possible solution. This is supported by Edwards (2011) who believes that "the obligations to respect autonomy include the obligation to be truthful to the patient" (p.107). You are given one minute per question. Beneficence and Nonmaleficence. The situation described here has no perfect answer. However, in doing so, the nurse may lose the trustworthy relationship built with the patient. evilness, evil - the quality of being morally wrong in principle or practice; "attempts to explain the origin of evil in the world" ... medical legal aspects, practical administrative aspects, legislative, licensure, and reimbursement issues. Five (of many more) issues. A physician may be sanctioned if he breaches the principles and rules of medical ethics, but he may not necessarily be liable or compelled to uphold the virtues entailed in his line of practice and duty. The literal meaning of justice is equality and fairness. Beneficence. According to Beuchamp and childress (2001) autonomy relates to being "free from controlling influences or personal limitations such as inadequate understanding" (p.56). The principal of autonomy often comes into conflict with the principle of beneficence. Avoid causing injury or suffering to patients; May conflict with beneficence; Justice. Another aspect of the situation i.e. We will also review barriers to the growth and expansion of telemedicine: known, potential, and future. Beneficence involves balancing the benefits of treatment against the risks and costs involved, whereas non-maleficence means avoiding the causation of harm. This act according to Edwards (2011) outweighs the respect for autonomy in regard to obligations of non- maleficence. What are the legal and ethical implications of continuing to treat a brain dead patient? In this situation we cannot come to a perfect conclusion, rather we can analyze the situation and use the ethical decision making process and apply the best possible principle. The ideology and core values of nursing include trustworthiness and honesty but are not limited to these two. Bate [5] defined beneficence as the quality of doing good, taking positive steps to help others, or the notion that one ought to do or promote action that benefits others (p. 343). Yet the ethical decision making process provides a guide to take a step ahead and apply the best possible principle. Topics: Nursing Jurisprudence, Ethical Considerations, Legal Considerations. The nurse is often the person who can act as an advocate and resource to the patient. The four principles of healthcare ethics namely (Autonomy, Beneficence, non-maleficence, and justice) presented by (Beauchamp and Childress, 2001) provide us a direction to estimate the significance of the ethical decision in clinical setting. Spend your time wisely! Looking at the scenario, the question that arises is whether the harm in not telling the patient about poor prognosis of the disease greater than the harm from telling the patient about the poor prognosis. Since medical professionals have a legal duty to treat illness. It emphasizes on the rights of patients to make decisions about their medical treatment. In terms of moral ethics, the nurse should speak the truth and convey the news to the patient. In the given situation where the nurse is asked to keep away the news of poor prognosis, the decision to do so may be in favor of the patient and the intention of the family members to do so may be to protect the psychological wellbeing of the patient through beneficence. Beneficence is an ethical principle that addresses the idea that a nurse's actions should promote good. Since medical professionals have a legal duty to treat illness. Therefore the nurse’s primary responsibility is the patient and not the family. While on the other hand, the nurse has to respect the decision of the family of withholding the information which is thought to be in favor of the patient as revealing the truth might deteriorate patient’s condition. In the given situation, this is to be noted that there is a collective decision made by the family for the patient but the patient herself is not the part of this decision. Moreover the competency and threshold of the patient needs to be accessed before comming to a conclusion. The principle of non-maleficence dates back to Florence Nightingale who strongly believed in doing no harm to the patient. make sure we are understanding her wishes. C811 Healthcare Financial Resource Management.docx. Along with all these factors, Edwards (2011) believes that "all actions by healthcare professionals have a moral dimension to them" (p.108) therefore in any such situation where an ethical decision has to be made, it has to be kept in mind that these situations are not only medical but has a moral dimension to it as well which if not considered, the chances of error or wrong decision may go high. It is important to note here that the application of these ethical principles may vary according to the situation. The Nurse could wait, assess the patient for the degree of acceptance and let the physician involve or take over. And may a hospital refuse to provide such treatment? Thus making a judgment as to which ethical principle applies best in the given situation would be difficult. The principle of beneficence raises the “do no harm” requirement to an even higher level. One of the best tools which healthcare professionals especially nurses rely upon in these challenging situations is the ethical decision making process. The principles of non-maleficence and beneficence in relation to duty of care are also inextricably linked to the principle of justice, that is, that a fair, unbiased and appropriate treatment in light of what is appropriate or owed to a person must be undertaken. This broad notion is a principle or rule when it comes to medical profession. Justice requires that patients be treated equally and fairly. Beneficence includes the obligation to help those in trouble, protect patients’ rights, and provide treatment for people who need it. Legal implications Beneficence If Bashirs decision for comfort care and DNR, 3 out of 3 people found this document helpful. Firstly, the description of the situation is very brief. While autonomy is taken in terms of rights and obligations, this takes us to the next two principles; the principles of beneficence and non-maleficence which are considered in terms of the consequences or outcome. However in the situation described above, the nurse is in a dilemma whether to hold the news of prognosis from the patient or not. In this situation, there is conflict between what is right and what is wrong. Hazardous duty by health care providers Hazardous duty by health care providers Many quality-of-life issues are included within this dictum. 3. I would also make sure to separate her from her son’s as she. ii These are professional duties which become legal Moreover, hiding the news may end up in mental and psychological trauma to the patient which could be more fatal than the disease itself. As part of the nursing curriculum, nurses are inculcated a habit of truth telling and honesty. Another angle to this situation is the breaking apart of the therapeutic relationship between the nurse and the patient that could occur as a result of withholding the information. However, these concepts—the doing of good and avoidance of harm—are incorporated into the duty of a health professional to do no harm and provide reasonable care to the patient. The Concepts of Beneficence and Benevolence. It means that the nursing staff has to consider which actions will be better for patient. View Adobe Acrobat Version | Download Adobe Acrobat Reader. Beneficence is the obligation of health professionals to act to benefit those who receive care. delaying the treatment it is allowing the condition to become worse because the patient, Since this is a form of malpractice, legal. maleficence, beneficence and justice), rules (fidelity, confidentiality, privacy and veracity) and virtues (compassion, kindness, respect, etc). The American Nurses Association defines this as … In the initial emergency response, interventions to reduce communicable disease transmission, such as va… In addition to the therapeutic relationship, if the diagnosis is accidentally revealed to the patient, she might end up to more serious complications like suicidal attempt or acts of self harm. This is true even if the choices are not in the best interest of the person (Pozgar, 2016).When an individual of sound mind chooses to neglect their personal health and/or safety, it […] In this rapidly changing world, healthcare professionals face multiple challenges encircling ethical dilemmas. Other than licensure issues, which are discussed later, several issues are noted in the ATA gap analysis. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. Since, the end result would be her death, it could be proven that not properly treating her lead. Doing good is thought of as doing what is best for … If the scenario is analyzed, and the family’s decision of hiding the prognosis is taken into consideration, a question arises about the intentions of the family. The ethical principle of beneficence requires healthcare professionals to treat their patient in a way that provides maximum benefit to that patient and the principle of non-malificence assures the duty of healthcare staff to avoid causing any harm to the patient (Conn, Gillam, & Conway, 2005). Beneficence is the obligation to act in the best interest of the client regardless of the self-interest of the health care provider. 2. The framework that guides nursing practice for example the America Nurses Association code of ethics and the patient bill of rights should also be taken into consideration while deciding for the best choice in situations which give rise to an ethical dilemma. The purpose of respiratory therapist is to promote health care services. Moreover, another ethical dilemma is that since there is no mention about any personal limitations or incapability because of which she would not be able to process the information then the act of not disclosing the information or truth to her is incorrect. Perhaps one of the biggest challenges in implementing a futility policy is recognition by physicians and health care institutions that adopting such a policy carries with it the threat of litigation. In contrast to this statement, the nurse in this situation clearly violates the right of the patient to know about the poor prognosis. May conflict with autonomy; Nonmaleficence. It is important to note that while situations like these require healthcare professionals to critically analyze the risks and benefits associated with the choices that they make, in the process of choosing the best option, the entire situation along with its consequences should be taken into account, well discussed and planned so that the decision made should promote maximum beneficence and minimum or no harm with respect to autonomy. 2 In such circumstances, following a specific model of assessment may make clinical decision making less … The Place of Beneficence in the History of Ethical Theory. Guidelines. However analyzing the situation with all its intrinsic and extrinsic factors, a decision can be made considering the best possible outcome in favor of the direct recipient of care (patient). This is also supported by the American Nurses Association (2001) code of ethics for nurses’ provision 3 which states that nurse promotes, advocates for and strives to protect the health safety and rights of the patient. In healthcare ethics, utilitarianism supports the idea of maximum benefits and minimized costs and risks (Mack, 2004). ... an integral part of ethical and legal issues in modern medicine. If Bashir’s decision for comfort care and DNR stands there maybe a a breach of duty of. It also emphasizes compassionate care and advocates for continual striving toward excellence. The principle of autonomy focuses on rights and obligations. Nurses are highly accountable to patients, the public, employers, and the entire profession. Put simply, non-maleficence is to “do no harm.” Beneficence is to work toward the benefit of others, such as by eliminating harms, preventing them or improving another person’s situation. Nevertheless, in any such situation, pros and cons and risks and benefits should be weighed against to get to the get best possible solution which would be in favor of the patient. Relating this with the scenario above, the nurse who is asked by the family not to disclose the news of poor prognosis violates the ethical principle of autonomy by not giving the patient the complete information and therefore a chance to decide for herself the future treatment plans. Beneficence means that all medical practitioners have a moral duty to promote the course of action that they believe is in the best interests of the patient. I would choose to have some individual conversations to question her to see, if she can even make a reasonable decision. Legal Issues The legal implications of nursing practice are tied to licensure, state and federal laws, scope of practice and a public expectation that nurses practice at a high professional standard. This would clarify her statement of I wish, to live because it says she only understands basic english and may have gotten mixed, up with the translation. capable and Bashir is not in agreement of her decision, it could legally be stated that, they were negligent because they broke their duty to care and her patient rights. This preview shows page 2 - 4 out of 5 pages. Often, it’s simplified to mean that practitioners must do good for their patients – but thinking of … It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. The ethical principle of fidelity directs us to model care delivery with altruism, loyalty, caring, and honesty. Beneficence and non-maleficence, as pertaining to patient confidentiality, allow clients to develop a trusting relationship with the counselor because they know that their information is kept confidential. Flat M2 The term non-maleficence means "to do no harm" and is an ethical principle that often opposes beneficence, which involves considering the benefits of a certain treatment and balancing them against any possible side effects that may occur. Acute humanitarian crises pose complex ethical dilemmas for policy-makers, particularly in settings with inadequate health-care services, which often become dependent on external agencies for urgently needed care.1 These ethical dilemmas are inherent in many spheres of the response activity, including measures to mitigate infectious disease transmission, which often cause outbreaks during humanitarian crises. The paper has discussed the application of the ethical principles in the given situation. Obligation to treat W… 1. However, they may override each other at times. legal issues The ethical concepts of beneficence and nonmaleficence may not generally be thought of as connected with legal theories involving health care. Beneficence is defined by the ANA as “actions guided by compassion.” We utilize beneficence daily as we administer pain medication or hold the hand of a grieving family member. i These duties are supplemented by the principles of beneficence, meaning promoting or doing good and acting in patients’ best interests, and non-maleficence, meaning to avoid harm. However, if the intensions are good then this act takes us towards the ethical principles of beneficence and non- malificence. The Principle of Beneficence in Applied Ethics. Edwards (2011) believes that by keeping the necessary information from the person, the number of choices available to that person is reduced which inhibits her autonomy. Nurses must be wary, however, of the downside of this principle, as it can lead to paternalism when executed improperly. It can be referred as actions which mainly focus on benefiting other people [6]. Beneficence, on the other hand, means that the care given to patients should be care that will benefit the patient. previous beliefs, of following Bashir’s wishes, they may proceed with a legal case. Both of these are cornerstone concepts in the counseling profession, and at first glance, they seem simple enough. Conn, Gillam and Conway (2005) mentions about different forms of justice such as distributive justice and the rights based justice. may feel obligated to follow their wishes because her prior set of beliefs. By delaying a treatment, this is a form of malpractice similar to a misdiagnosis. follow on how to test competency of patience, and those should be followed first. In healthcare industry, justice refers to equitable distribution of resources. Cyprus, Copyright © 2020 UniAssignment.com | Powered by Brandconn Digital. It also depends on the laws governing to the principle and the conditions applied. When a person's capacity is compromised and the medical consequences are significant, paternalism/maternalism (beneficence) may be justified; but if a person is capable and the medical consequences are unknown or undetermined, ethical issues become more prominent. Read each question carefully and choose the best answer. proceedings maybe brought against individuals and licenses taken away. Kantians agree that these obligations exist because you are dealing with the basic needs of humanity and because all people have value. These ethical and legal problems are raised in two recent cases. It is difficult to come to a conclusion due to certain reasons. These are considered as the fundamental principles of nursing. 4. Conflict between Autonomy and Beneficence. This means that it is the responsibility of the healthcare professionals to protect their patients. The ethical principles of beneficence and non-maleficence derive from the paternalistic type of doctor-patient relationship that only started to … Autonomy Autonomy is the right a person of sound mind to make their own life choices. As many treatments involve some degree of harm, the principle of non-maleficence would imply that the harm should not be disproportionate to the benefit of the treatment. Self-Neglect is complicated because of two ethical issues: Autonomy, and Beneficence. To sum up, There seems no perfect answer to an ethical dilemma. Nonmaleficence is the obligation “to do no harm” and requires that the health care provider not intentionally harm or injure a client. Ethical and Legal Issues in Influenza Pandemic. The patients have the right to decide for themselves in regard to the treatment plan, provided that they receive complete, accurate and comprehensive information. This goes along with the ethical theory of utilitarianism which believes in the actions that provide the greatest good for the greatest number of people. Such a situation may continue for a longer period of time and may override the ethical principle of autonomy. Course Hero is not sponsored or endorsed by any college or university. Beneficence is acting for the good and welfare of others and including such attributes as kindness and charity. It is believed that and especially in healthcare industry that all individuals have equal rights in terms of seeking healthcare and to participate in their plan of care. The Problem of Over-Demanding Beneficence. One resource I would chose to do is find a third party Turkish translator to help. The answer to this question can be found in the American Nurses Association (2001) code of ethics for nurses provision 2 which states that the nurses primary commitment is to the patient whether an individual, family, group, or community. Legal implications – Beneficence If Bashir’s decision for comfort care and DNR stands there maybe a a breach of duty of care. Taking into account the scenario discussed above, the nurse violates patient’s right to receive full information regarding her disease prognosis and above all the information is being transferred to the family without her consensus. I am sure most hospitals have protocol to. One cannot analyze or evaluate all the aspects of the situation with this brief explanation. Though the intervention seems useful for the patient, yet it breaches the autonomy of the patient by disrespecting the right of her decision in the treatment. DNR orders, ethics, and the law will be discussed in the following cases. iThese d… The term beneficence actually connotes acts of merciness, charity and kindness which are suggestive of love, humanity, altruism and promotion of good to others (Stanford Encyclopedia of Philosophy, 2008). It is hard to justify the use of one principle over another. Equity is not the same as equality. Alicia Ouellette Albany Law School. Treat patients fairly and equitably. Ethics regards standards of moral judgement and professional conduct. Respiratory therapy services aim to provide appropriate support during the dying process. Secondly, proper assessment of patient’s own support systems and coping mechanisms need to be assessed before coming to a conclusion. Is Beneficent Action Obligatory or Merely a Moral Ideal? In this situation, intentionally or unintentionally, healthcare professionals use paternalistic approach while caring for their patients as they consider that approach as useful for their patient. Beneficence requires that health care providers go beyond doing no harm and contribute actively to the health and well-being of their patients. 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