Legal & Ethical Decision Making in Person-Centered Care
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In the field of nursing, both legal and ethical considerations are very important. This paper analyzes the case of Taylah, an underage girl who visits the clinic to seek advice on contraceptives.
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Running Head:LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE1 Legal & Ethical Decision Making in Person-Centered Care Student Name Institution Affiliation Course Date Legal & Ethical Decision Making in Person-Centered Care
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LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE2 In the field of nursing, both legal and ethical considerations are very important. Ethical standards are the actions of healthcare workers based on human principles of right and wrong. The main difference between these two terms is that legal considerations are based on written laws while ethical considerations are based on common knowledge about what is right and what is wrong. Health workers work in technical and fast-paced environments which demand effective and quick decisions about patient care. In most cases, the patients are helpless and hence depend fully on the nurses (Butts & Rich, 2019). Without legal and ethical considerations, nurses would act recklessly and hence limit the chances of patient well-being. This paper analyzes the case of Taylah, an underage girl who visits the clinic to seek advice on contraceptives. The four main Beauchamp and Childress’ ethical principles will be used in the analysis of the case study. Regardless of the role that a health worker plays in a hospital setting, the field has always been challenging when it comes to the decision-making process. Most of the treatments and medical procedures have advantages and disadvantages. To minimize the chances of making wrong decisions, Beauchamp and Childress gave four principles in their book “1985 Principles of Biomedical Ethics”to guide medical practitioners in the decision making the process. The four principles outlined in the book were autonomy, beneficence, non-maleficence, and justice (Adhikari, Paudel, Aro, Adhikari, Adhikari & Mishra, 2016). The case to be scrutinized in this paper touches on the interaction between a sexual health nurse and Taylah, a 14-year-old girl who visits the sexual health clinic to get contraceptives. According to the case study, Taylah is a diabetic and also has self-esteem issues which have made her get into risky behaviors like sexual activities, binge drinking and partying. Her attraction to older boys has been attributed to her body physique, which presents her as a mature
LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE3 person. The case study has also revealed that the girl has already become sexually active after getting into sexual intercourse with two random boys at parties when she got binge drinking. The interaction between Taylah and the sexual health nurse presented in the video has the four main ethical principles utilized in different approaches. In some instances, the sexual health nurse has adhered to the guidelines of Beauchamp and Childress while in other incidences they have been violated (Carvalho, Pereira, Jácomo, Magalhaes, Araújo, Hernández-Marrero& Schatman, 2018). The sexual health nurse adhered to the autonomy principle as outlined by Beauchamp and Childress in their book “1985 Principles of Biomedical Ethics”. This can be seen on several occasions where the sexual health nurse had to listen and approve the opinions and decisions of Taylah regardless of how misleading they were. According to the principle of autonomy, the patient or client has the right to retain control over his or her body. A health care profession in this scenario can only advice or suggest what he or she perceives as good approaches or actions but not to coerce or persuade the patient to follow the advice because this will be a violation to this principle (Gallo, Baxter, Murphy, Schwartz & Thoma, 2018). In the end, this principle allows the client or a patient to make personal decisions regardless of whether the practitioner approves them or not. As presented in the case study, the sexual health nurse did not decline Taylah’s request to be given contraceptives despite the fact that she was underage. The fact that the nurse allowed Taylah to explain why she needed contraceptives without cutting her short as well as explaining to her more about the different contraceptives shows that the nurse respected the young girl’s opinions and decisions. Consequently, the nurse adheres to Taylah’s request not to inform her
LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE4 parents despite the fact that she understands that Taylah is underage and may not be able to make sound decisions. This can be confirmed from the nurse’s assurance to Taylah that the discussion will be kept confidential unless the girl decides to disclose it (Gillon, 2015). Adherence to the autonomy principle can also be identified in the start of the interview where the nurse informs Taylah that she will be asking her a couple of questions, some of which were expected to be personal. However, for personal questions, Taylah was given the freedom to choose whether to answer or not. This indicates ultimate respect for client’s decisions as outlined in this principle. Based on the case study, the sexual health nurse has not adhered to the principle of beneficence. This can be seen from some of the health issues Taylah reveals to have been facing but the nurse does not provide solution or advice. As outlined by Beauchamp and Childress, the beneficence principle tasked healthcare workers with the full responsibility of ensuring that the patients benefit in each situation. All the treatments and interactions with the patient were supposed to benefit the patient or the client (Gillon, 2015). To promote adherence to this principle, medical practitioners were expected to develop and maintain a high level of knowledge and skills through training on the most current and best medical practices. They were also expected to consider the condition of patients at an individual level because what could be good for one patient may not benefit another patient. The interaction between Taylah and the sexual health nurse has revealed that the girl has self-esteem issues which have led to her involvement in risky behaviors such as sexual activities, partying and binge drinking. However, the nurse has not provided any solution to these health issues faced by the girl despite the fact that they are the root cause of the girl’s visit to this clinic. Failure to address the health issues of Taylah is a violation of the principle of beneficence because the client will not have fully benefited from her interaction with the nurse (Harman &
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LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE5 Gallagher, 2016). To adhere to the principle of beneficence, the nurse could have advised the girl on how to deal with self-esteem issues because that would have seen her get into normal life and avoid some of the risky behaviors she was taking place in like binge drinking, risky sexual behaviors and partying. Even after her interaction with the sexual health nurse, Taylah was expected to continue with her risky behaviors, specifically sexual behaviors because she would have contraceptives to prevent her from getting pregnant. However, the young girl is likely to contract STIs because the nurse did not take time to enlighten her on the dangers of sexual intercourse without protection. This is a violation of the principle of beneficence because the girl will not have benefitted fully from her interaction with the nurse. Also, Taylah expressed her negative attitude towards diabetes medication she was undergoing but the nurse did not react towards the attitude (Haslam & DePaul, 2019). It was expected that the nurse could encourage her to take her medications as prescribed but that did not happen. Again, that was a violation of the beneficence principle because the young girl would leave the clinic to continue struggling with her diabetic condition as a result of a negative attitude towards diabetic medication. The interaction between the sexual health nurse and Taylah reveals that the principle of non-maleficence was not adhered to. This can be drawn from the fact that the nurse did not consider the harmful impacts the decision to give Taylah contraceptives was going to have on the family as well as the society at large. Beauchamp and Childress interpreted the non-maleficence principle to mean “to do no harm”. According to them, the non-maleficence principle was intended to be the end goal for all the decisions made by the medical practitioner (Henning, Malpas, Ram, Rajput, Krstić, Boyd & Hawken, 2016). That meant medical practitioners had to
LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE6 consider whether their advice and decisions to the client affected or harmed other people or society, even if they were made for the benefit of the client or the patient. This principle has been violated in a number of ways. First, Taylah was underage and accepting not to inform her parents the nurse would cause harm to them because the young girl would get into risky behaviors like unprotected sex and end up contracting infections which would cost the parents as far as treatment is concerned. Although informing Taylah’s parents would imply violation on the autonomy principle, the nurse was supposed to look for a way of helping the young girl through referral to other specialists who would help the girl get out or proceed with caution to some of the risky behaviors she had gotten into (Lidz, 2015). Also, letting her away without advising or counseling her on the risks associated with binge drinking for diabetic people was both harms to the girl as well as to her parents. On the side of the girl, it was harmful because it could worsen her diabetic condition. On the other hand, it was harmful to the parents because it could increase the cost of the girl’s treatment. Accepting Taylah’s request to have contraceptives would harm the society because that would encourage other young girls to get into early sexual practices. Just as Taylah, most of the young girls would be motivated to seek contraceptive interventions and get into early sexual relationships. Considering that contraceptives only prevent unwanted pregnancies but not sexually transmitted infections, the society is expected to witness increased rates of people with sexually transmitted infections (Winter & Winter, 2018). This is harmful to society because a lot of resources will be used to respond to such situations. Also, the morals in the society will have declined just because one girl was allowed to negatively influence the rest of the children in society.
LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE7 Clearly, the principle of justice has been violated in the interaction between Taylah and the sexual health nurse. First of all, it is worthy to note that Taylah was underage and the nurse was fully aware of that. However, the nurse handled the case as if she was interacting with an adult capable of making informed decisions. The approach itself was an injustice to the young girl as well as her parents (Henning et al, 2016). According to Beauchamp and Childress, a medical practitioner was supposed to express an element of fairness in all the medical decisions made, fairness in all the decisions whether they benefitted or burdened. They were also expected to uphold all the applicable laws and legislation when making decisions. This was not the case as presented in the interactive session between Taylah and the nurse. The nurse demonstrated injustice to the parents of Taylah by accepting her request to get contraceptives and failing to caution the girl that unwanted pregnancies were not the only danger of getting involved in unprotected sex. This is because the young girl left the clinic with confidence that she will be safe even after unprotected sex. It is an injustice to the parents because they would incur costs treating their child on sexually transmitted infections (Haslam & DePaul, 2019). Also, the nurse demonstrated injustice to Taylah’s parents by accepting to keep her discussion with the girl as a secret because the parents would not be in a position to help their child out of the condition she was in. The nurse demonstrated injustice to Taylah by failing to advise her accordingly. This is in consideration of the fact that Taylah was underage and could not make informed decisions. For instance, the nurse accepted to give Taylah contraceptives but did not advise her on the dangers of getting into unprotected sex. This would definitely see the girl get into unprotected sexual behaviors confidently because she had pills to avoid unwanted pregnancies, which exposed her to the risk of contracting sexually transmitted infections. Also, the nurse was unjust
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LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE8 to Taylah when she failed to encourage her on the importance of adhering to diabetic medications (Harman & Gallagher, 2016). This is after learning that the young girl had a negative attitude towards diabetic medication. Failure to encourage the girl on the importance of taking diabetic medication will see the girl’s diabetic condition continue to worsen. To conclude, this paper has scrutinized the case of Taylah, an underage girl who visited a sexual health clinic to request for contraceptives. The interaction between the girl and the sexual health nurse has revealed both legal and ethical issues when gauged under the four basic principles of healthcare ethics as outlined by Beauchamp and Childress. It has been revealed that the sexual health nurse adhered to only one of the four principles of healthcare ethics, autonomy. In regard to the rest of the principles, beneficence, non-maleficence, and justice, she violated all of them at the expense of upholding the autonomy principle.
LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE9 References Adhikari, S., Paudel, K., Aro, A. R., Adhikari, T. B., Adhikari, B., & Mishra, S. R. (2016). Knowledge, attitude and practice of healthcare ethics among resident doctors and ward nurses from a resource poor setting, Nepal.BMC medical ethics,17(1), 68. Butts, J. B., & Rich, K. L. (2019).Nursing ethics. Jones & Bartlett Learning. Carvalho, A. S., Pereira, S. M., Jácomo, A., Magalhaes, S., Araújo, J., Hernández-Marrero, P., ... & Schatman, M. E. (2018). Ethical decision making in pain management: a conceptual framework.Journal of pain research,11, 967. Gallo, L., Baxter, C., Murphy, J., Schwartz, L., & Thoma, A. (2018). Ethics in Plastic Surgery: Applying the Four Common Principles to Practice.Plastic and reconstructive surgery,142(3), 813-818. Gillon, R. (2015). Defending the four principles approach as a good basis for good medical practice and therefore for good medical ethics.Journal of medical ethics,41(1), 111-116. Harman, A. C., & Gallagher, M. (2016). Medical Ethics Beyond the Four Principles: A Case- Based Review.Topics in Obstetrics & Gynecology,36(7), 1-6. Haslam, L., & DePaul, V. (2019). Case Study Application of an Ethical Decision-Making Process for a Fragility Hip Fracture Patient.Canadian Geriatrics Journal,22(1), 7-12. Henning, M. A., Malpas, P., Ram, S., Rajput, V., Krstić, V., Boyd, M., & Hawken, S. J. (2016). Students' responses to scenarios depicting ethical dilemmas: a study of pharmacy and medical students in New Zealand.Journal of medical ethics,42(7), 466-473.
LEGAL & ETHICAL DECISION MAKING IN PERSON-CENTERED CARE10 Lidz, C. W. (2015). The Limits of Person-centered Care.Medical care,53(7), 564-565. Winter, S. F., & Winter, S. F. (2018). Human dignity as leading principle in public health ethics: a multi-case analysis of 21st century German health policy decisions.International journal of health policy and management,7(3), 210.