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6/11/2018
1
Resolving the Ethical Dilemmas During Palliative and End of Life Care
Jane Ellen Barr, DNP, RNLong Island Jewish Medical Center
Objectives
Discuss the key issues re: Clinical Bio-Ethics Describe one organizations approach, establishment of an
Ethics Café, to resolving ethical dilemmas and decreasing moral distress among clinicians
Identify key educational components of café Provide exemplars of ethical cases in practice
Key Issues re: Clinical Bio-Ethics
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Clinical Bio-Ethics Where our Oath, Values, and Decisions Meet
Hippocrates Oath:
“I solemnly promise, that I will do the best of my ability to serve humanity, caring for the sick, promoting good health, and
alleviating pain and suffering.”
History Gives Insight…Evolution of Clinical Bio-Ethics
• Secular Virtue• Clinician-Patient
Relationship• Paternalism
• Fiduciary Duty (Contract)
• Patient Rights• Informed Consent• Truth-telling• Right to Health
Care Access• 4 Principles
• Vocation or calling• Care of the poor,
helpless, and terminally ill
• Non- abandonment• Religious and
Cultural Duties
• Do Good• Do No Harm• Do Not Be Unjust• Confidentiality
Hippocratic(400 BC)
Spirituality (400 CE)
Enlightment (1700 CE)
Biomedical (Today)
Rationing?Public Health? Patient Rights?
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Evolution of Clinical Bio-Ethics
• Non maleficence• Beneficence• Justice• Plus, Autonomy*• Confidentiality
• Do Good• Do No Harm• Do Not Be
Unjust• Confidentiality
Hippocratic (400 BC)
Spirituality (400 AD)
Enlightment (1700 AD)
Bio-clinical (Today)
Secondary or Derived Values
Values
Δ
∆ in Knowledge∆ in Cultural & Social Norms∆ in Personal Life Experiences
Ethical Dilemmas ≈ Moral Distress
ReligiousImpact
Cultural Awareness
AccessTo Care
Paternalism
PatientRights
Palliative Care Values Evolution and Ethics
Communication• Low Priority• Did not know
diagnosis• versus
• Patient full partners• Informed• Involved in decision
making• Surrogate decision
making
Ordinary vs. Extraordinary Care• Only ordinary available
• Versus (new technology )
• Complex decisions• What extent to
prolong life?• Access to care?• Costs of treatment?• Resources available?• Patient or
Governments’ or Society’s choice
Euthanasia• Never• Versus (Living longer,
Increase disabilities, “Not to be a Burden”, family structural changes)
• Partial or full support• Patient vs. clinician to
give fatal dose• Who has authority
(Government, Church, Individual) – in which cases?
Moral Status• Patient /Personhood• Versus (New Areas)• Contraception/
emergency contraception• Abortion• Infertility (artificial
insemination, egg donation, surrogate mother)
• Cloning• Genetic screening
(confidentiality, employment prospect, insurance implication)
• Transplantation (who owns the organ? Who gives permission for it to be used?)
Clinical Bio EthicsToday a Major Dimension of Practice
The changing philosophy of health care with it increasing emphasis on: Principles of personal autonomy (patient) Patient centered care (professional)
The evolution of nursing as a profession distinct from medicine The issues of extraordinary vs. ordinary care Lack of ethical case exemplars
Increase technology, regulatory pressures, and competitiveness among healthcare providers
Increased fiscal shortages with spiraling costs of supplies and medical treatments
Public’s increasing distrust of the healthcare delivery systems and its institutions
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BENEFICENCE
NONMALEFICENCE
AUTONOMY
BIO-PSYCHO-SOCIAL CONTEXT
CULTURE, LAW, WORKPLACE
COMPLEXITY OF CLINICAL BIOETHICS
JUSTICE
Who is Affected? All Clinicians Patients & Families
What are the Major Issues? Ethical Dilemmas Moral Distress
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Ethical Challenge
Patients, families, clinicians, when ethical issues present, bring with them a particular understanding of what makes something an ethical issue or moral problem and how it should be resolved. Always begin resolution with awareness of biases.
Healing vs. Palliative Care
Suffering and Death
Disability
Disfigurement
Cultural Diversity
Ethics vs. Law vs. Regulatory
Beneficence
Nonmaleficence
Autonomy
Justice and Fairness
Paternalism (Maternalism)
Virtue of Caring
Confidentiality
Moral Distress
Unconscious Biases
Establishing the Ethics Cafe
Background Status Prior to Initiation of Ethics Café Hospital-wide Medical Bio- Ethics Committee Medical Bio-Ethics Co-Chaired by Physician and
Nurse Ethicist Interdisciplinary Representation on Medical Bio-
Ethics CommitteeComplex issues discussed focus on mainly medical
issues – rarely addressed impact on clinicians All Clinicians could initiate an Ethics ConsultKnowledge deficit related to why, when, how to call an
ethics consult Critical care areas more familial with Ethics Consults
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BackgroundEvents leading to initiation of the Ethics Café:
(1)Magnet Site VisitReviewed several ethical cases where consults were
called by nurses and interdisciplinary team ∽ focus was on medical ethical concerns
After site visit, reflected on question of whether the clinicians concerns and resultant moral distress related to those cases were adequately handled
Identified need for clinicians to have an opportunity to identify, analyze, and resolve ethical concerns / issues encountered in practice
Acknowledged Moral Residue…
BackgroundEvents leading to initiation of the Ethics Café:
(2) Releasing of the 2015 American Nurses Association revision of the Code of Ethics for Nurses
• Questions raised:• How do clinicians interpret their code of ethics• How do they apply their code of ethics in everyday
practice
(3) Limitations identified:• Awareness that clinicians have limited clinical ethics
training• Clinicians often unable or do not have resources to
resolve ethical dilemmas encountered in daily practice
Initial Step…Initiating the Ethics Cafe Top - Down Support Initial meeting with
Administration Administration gave full
Support Introduced idea to
leadership gaining their support
Addressed qualification of a leader to facilitate the Ethics Café Completion of
Certification Program in Bio-Clinical Ethics
Bottom- Up Support “Exploring “ need for
Ethics Cafe with frontline clinicians Discussion at unit
level Focus groups
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Initial Issues re: Developing Ethics Cafe
Structure• “Safe Place” for clinicians to share experiences • Focus on issues identified by frontline clinicians• Opportunity for education and support, including
how to integrate Code of Ethics into practice• Opportunity to increase awareness of cultural
diversity & sensitivity, unconscious bias• Needed to provide “allotted time” to participate
Charter: The Ethics Café
The Ethics Café offers an informal setting over coffee and tea for clinicians (interdisciplinary team) to identify, analyze, and resolve clinical ethical issues.
Clinical ethics issues are viewed as all of the ethical features/ concerns that are present in everyday clinical encounters as well as the ethical problems that arise during these encounters.
Café provides a relaxed atmosphere to learn about ethics, share and tell stories that have caused ethical concerns or moral distress, tie ethical decisions to the Code of Ethics, and to see how the face of moral courage becomes visible when resolving ethical dilemmas.
Ethics Café held monthly, all clinicians invited…
Ethics Café Format
Clinicians identify cases, experiences, topics for discussion
Literature review done; articles sent to participants prior to meeting; extras broughtto the meeting for new members
Discussion (evidence review) among theparticipants
Questions generated Case(s) reviewed 4 Principles of Ethics, Code of Ethics,
evidence discussed in relation to case(s) Discussion of potential ethical responses,
solutions Other ethical concerns, issues
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Ethics Café & Educational Foundation
Ethical Dilemma
Situations that require a choice between two equal (sometimes undesirable) alternatives
Value conflicts, no clear consensus as to the “right”
thing to do (at least initially) A conflict between moral
obligations that are difficult to reconcile and require moral reasoning
Autonomy vs. Beneficence Case Scenarios Patient 32 year old female admitted through ED after motor
vehicle accident. Sustained crushing injuries that require amputation of bilateral legs to stop bleeding, prevent sepsis, and save her life
Patient alert and has full capacity (Autonomy) Patient refuses surgery and states “I would rather die than
live without my legs” Vascular Surgeon feels that surgery is necessary and life
saving and informs patient of consequences so she can sign consent and have surgery (Beneficence)
Patient still refuses surgery
Is there an Ethical Dilemma? Moral Distress? For whom?
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Autonomy vs. Beneficence Case Scenarios Patient 32 year old female admitted through ED after motor
vehicle accident. Sustained crushing injuries that require amputation of bilateral legs to stop bleeding, prevent sepsis, and save her life
Patient alert and has full capacity (Autonomy) Patient refuses surgery and states “I would rather die than live
without my legs” Vascular Surgeon feels that surgery is necessary and life saving
and informs patient of consequences so she can sign consent and have surgery (Beneficence)
Patient still refuses surgery Patient becomes septic, confused, condition deteriorating Surgeon contacts husband to obtain consent for surgery in an
effort to save the patient’s life
Is there an Ethical Dilemma? Significance of Context?
Framework for Analyzing Ethical IssuesThe 4 Principles of Bioethics
Focus = Individual or Providers Application & Isssues
Autonomy(Of Individual)
•Agreement to respect another's right to self-determine a course of action•Issues: Informed Consent and Capacity
Beneficence(By Provider)
•Prevent harm, remove harm, plus, do good•Issues: beneficence vs. autonomy; paternalism; beneficence vs. benefits, costs, & risks; beneficence vs. futility
Non Maleficence(By Provider)
•Obligation to cause or inflict no harm including deliberate harm, risk of harm, and harm that occurs while doing good•Issues: Autonomy vs. Nonmaleficence and Futility vs. Nonmaleficence
Justice (By society’s standards; Applied by its agents;
Including health care providers)
Justice: fair, equitable, appropriate treatmentDistributive Justice: refers to fair, equitable, and appropriate distribution of benefits and burdens determined by norms that structure the terms of social cooperation
Professional Code of EthicsANA American Nurses Association (2015)
Guide to the Code of Ethics
Medical Code of Ethics
How do Clinicians interpret & implement Professional Code of Ethics in practice?
Framework for Ethical Decision Making
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ANA Code of Ethics Provision 1: Affirming Health through Relationships of
Dignity and Respect Provision 2: The Patient as Foundational Commitment Provision 3: Advocacy’s Geography Provision 4: The Expectation of Expertise Provision 5: The Clinician as Person of Dignity and
Worth Provision 6: The Moral Milieu of Practice Provision 7: Diverse Contributions to the Profession Provision 8: Collaboration to Reach for Greater Ends Provision 9: Social Justice: Reaching out to a World in
Need of Clinical Care
Framework for Analyzing Ethical IssuesDimensions of Clinical Bioethics
Dimension Application
1. Moral Status(Of patient, surrogates, significant others)
•Part of the moral human community•Inherit dignity; right to be respected as a person, not to be demeaned, excluded•Capable of being related to, appreciated•Capable of suffering
2. Virtue(Of provider)
•Altruistic moral character needs to be internalized (patient’s interest first)•Duty•Aspire for best care for every person•Empathy and compassion•Practical Wisdom (↑’s with experience)
3. Context(Specific to patient and clinical case)
•Biological, clinical condition, prognosis•Pyscho-spiritual values•Social context (family, tradition)•Legality, Laws, Rules
Framework for Analyzing Ethical IssueProfessional –Patient Relationships
Fidelity ∽ “Promise Keeping” The individual who receives care has an expectation that each
clinician will keep promises made directly to the patient, family, and or caregiver
Confidentiality Refers to the necessity that clinician hold in strict confidence
information that is discovered about the patient during the course of health care practice
Veracity Accurate, timely, objective, and comprehensive disclosure of factual
information Communication both directions- between clinician and patient Patient has a right to receive truthful information re: diagnosis, prognosis,
procedures, and the professional gain a right to truthful disclosures from patients
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Autonomy & Informed Consent Autonomy is respected (ethically and legally) Patient must be informed; able to perform complex
weighing of options and outcomes Shared decision making essential: Explore patient’s values, goals, acceptance Involves clinician(s), patient, significant others
Professionals responsibility to provide information needed for patients to make decisions Pros and Cons of all options Truth telling Clinician aware of own biases
Autonomy & Capacity Capacity “Ability to make decisions” Fundamental component of every clinician – patient
interactionStarts with assumption that all patients have
capacityExplores capacity only when “conflict” arises re:
medical or nursing careDecided for each event or situation
Assessing Decision Making Capacity (CUAR)
Who assesses? Clinicians who provide care assess capacity… Criteria includes assessment of patient’s ability to (CUAR):
Communicate a choice Understand the relevant information “Ask patient to summarize the information that has been
presented to ensure understanding” Appreciate the situation and its consequences “Beyond understanding – realizes the significance and
consequences of choice – insight” Reasons and considers relevant information in a rational way Higher order thinking that consistently draws conclusions a
“rational society” would find reasonable, even if most people would disagree
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Ethics of Care Theory Ethics of Care Theory:• Care – stresses empathetic associations with others- with
a strong sense of being responsible• Emphasizes mutual interdependence and emotional
responsiveness• Inclusive of five focal virtues
• Compassion• Discernment• Trustworthiness• Integrity• Conscientiousness
Concepts: Surrogate Decision Making Surrogates Criteria: Defined by regulatory / law, plus How well the potential surrogate knows the patient and is
familiar with the patient’s goals, values, and preferences Whether the potential surrogate is willing to serve as the
patient’s surrogate (and uphold the patient’s goals, values, and preferences)
Whether the potential surrogate is capable of the understanding relevant information regarding the patient’s situation and engaging in meaningful conversation with healthcare providers
Whether the individual is available to participate in decision making when called
Concepts: Surrogate Decision Making Substituted-judgement standard: surrogates make
decisions on the basis of their knowledge of the patient’s specific wishes, goals, values, and preferences
Best-interest standard: if patient’s wishes or values are not known, surrogates and clinicians should make decisions in accordance with patients’ best interest
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Concepts: Futility vs. Beneficence
Futility Benefit-burden ratio, describes care that is not
beneficial to the patient, or not bringing about useful outcomes.
Most often associated with EOL issues: patients in vegetative state, need of organ replacement, CPR or life sustaining technology
Can be associated with any type of treatments or care management choices
Concepts: Futility vs. Beneficence Futility – “ the provision of interventions that will not
bring about their intended outcomes” Issues: Could this intervention increase quantity of his days, but not
improve quality of life, or eventual outcome (Quantitative futility)
Could intervention cause actual or potential harm without providing intended benefit (Qualitative futility)
Would intervention unlikely prevent death (Imminent-demise futility)
Is treatment not reliably expected to support at least the minimal capacity of the patient to interact with his or her environment (Clinical futility)
Futility vs. Nonmaleficence
Case Scenario: Mr. Smith is a 82 yr. patient admitted for dehydration and sepsis.
Critically ill. Recently he underwent a right AKA for severe PAD. Post operatively
the wound dehisced, became infected, and he was placed on antibiotics and NPWT was initiated.
His general condition has deteriorated this admission.. His nutritional status is poor, he is now in acute renal failure, prognosis is poor.
His wife who is his surrogate, refuses to consider palliative care. She insists the NPWT be continued although team has informed her, that in his current condition, it is not beneficial.
Is the medical team obligated to continue NPWT ?
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Health care professionals are not obligated to provide treatments: That do not offer patient medical / nursing benefits That are outside the bounds of good practice Where objective evidence about the effectiveness of the
intervention, applied to a particular situation, does not exist Even after specific patient or family request for inappropriate
treatment Conflicts about whether an intervention is beneficial is often
about what are appropriate goals and can these goals be achieved
Often better not to focus on one treatment but collective balancing of benefits and burdens
American Medical Association, Council on Ethical and Judicial Affairs. (1992). Guidelines for CPR: Ethical Considerations in Resuscitation. JAMA, 268, 2282-2288. President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. (1982). Making Health Care Decisions: The Ethical and Legal Implications of Informed Consent in the Patient-Physician Relationship. Washington, D.C.: U.S. Government Printing Office, 42-44; Nurses Code of Ethics, 2o15]
Futility and Obligation to Provide Treatments
Types of Ethical Dilemmas Often Ethical dilemmas in practice can be identified
according to the following classifications: Dilemmas of Autonomy – those that involve deciding what
course of action maximizes the patients right of self determination
Dilemmas of Beneficence and Non Maleficence- dilemmas that involves deciding what is good as opposed to what is harmful
Dilemmas of Justice – dilemmas that involve dividing limited resources fairly
Dilemmas related to patient – clinician relationships Dilemmas specific to beliefs of moral status, virtue, and context
specific to patient situation
Strategies Resolving Ethical Dilemmas
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Strategies to Address Ethical Dilemmas
• Clinical Facts• Psycho-social-
spiritual Facts• Cultural Facts
Assess
• Interpret• Apply• Ethic Consult
Analyze • Implement• Self-refection
Act
OutcomesEthical CompetencyProfessional Integrity
Moral CourageConfidence
Wit
hin
Fra
me
wo
rks
of
Eth
ical
An
alys
is
Strategies for Resolving Ethical Issues Resolution with Reciprocity: Involving patients in the planning and implementation of their
care Building trust between staff and patients Intentional, as well as unintentional, framing can have a crucial
impact on patients’ opportunities to be heard and participate in the process to make treatment related decisions
Clinicians have the power to decide the options that frame encounters with patients (while being aware of biases and potential for paternalism)
Mutual respect and co-operation Providing all significant information
Shared Decision Making Process in Adults “ASK- TELL- ASK”
Begin- by identifying that there is a decision to be made1. ASK the patient and family views and experience about the issue
1. Clarify values and preferences 2. Explore prior experiences 3. Understand the meaning to the patient and family 4. Share and explore any prior knowledge of the patient’s past or
present wishes
2. TELL significant medical knowledge / facts without biases about:1. Patient’s disease process and prognosis2. The positive and negative effects and outcomes of how the decision
may alter or not alter the disease process and prognosis3. The alternative approaches that may be available
3. ASK if there is information that needs more clarification, if they have questions, what they think about the information provided
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Strategies for Ethics Issues re:Religious and Spiritual Practices
Religious beliefs and spiritual practices are powerful factors for many in coping with serious illnesses and in making ethical choices
Clinicians need awareness of their patients and own beliefs/practices
HOPE Tool: Engaging Conversations re: Religion and Spirituality
H: Sources of hope, meaning, comfort, strength, peace, love, connectionWhere do you find comfort or hope in this time of illness?When things are tough, what keeps you going?
O: Organized religionDoes organized religion have a place in your life, or in your family’s life?
P: Personal spirituality and practicesAre there spiritual practices or beliefs that are personally important?
E: Effects on medical care and end-of-life issuesAre there ways that your personal beliefs affect your health carechoices or might provide guidance as we discuss decisions about yourcare near the end of your life?”
Moral Distress “Moral Distress” is a phenomenon in which one knows
the right action to take, but is constrained from taking it. “Moral Stress” is a psychological state born from an
individual’s uncertainty about his or her ability to fulfill relevant moral obligations
Moral distress is different from the classical ethical dilemma in which one recognizes that a problem exists, and that two or more ethically justifiable but mutually opposing actions can be taken
Concept of Moral StressMoral Stress, Stress of Conscience, Distress
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The Reality of Moral Distress Case Scenario Mary has been a clinician for two years on a medical surgical
unit. The unit has just changed focus and has become an oncology unit
Today she is assigned to care for Mrs. Walsh, an amiable 70 yr. old woman who after a meeting with her medical team and family has decided to discontinue chemotherapy. It was making her so sick and her tumor had not decrease in size; in fact, the cancer has actually metastasized to her spine and lungs. She just signed a DNR
Mrs. Walsh began to talk about her mortality and shared that she was frightened about how she would die. She asked if Mary knew what the end would be like for her
Realities of Moral Distress While most care today is standardized – EBP algorithms
and guidelines, this trajectory is unpredictable This trajectory is an individualized process which requires
clinician to delve into the more personal side of patients’ lives, including hopes, goals, and values; it can be an uncomfortable place
Verghese A. My Own Country. New York: Vintage Books; 1995: 363-364.
Strategies for Managing Moral Distress
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Dealing with Moral DistressCommunication Strategies
Two key components to communicate and offer support. “Conversation is the bridge that permits patient, professional, family, caregiver to join in the experience of living –towards- death” (1)
1. Allow oneself to “Go There” emotionally and physically (sit with the patient, have an attentive presence, accept silence)
1. Recognize and accept discomfort2. Exploratory Component:
1. Allow patient and family to “Go There” and participate in the process2. Elicit fears and concerns3. Walk alongside the patient and family
3. Supportive Component:1. Allay fears2. Provide information3. Support patient and family through journey
4. Care for self: debriefing, get feedback, explore personal feelings and emotions re: difficult encounters
(1) McQuellon RP, Cowan MA. Turning toward death together: conversation in mortal time. Am J Hosp Palliat Care. 2000; 17(5): 316
Strategies for Coping with Moral Stress4 A’s approach to address and reduce moral distress (AACN) ASK: Review the definition and symptoms of moral distress and ask
yourself whether what you are feeling is moral distress. Are your colleagues exhibiting signs of moral distress as well?
AFFIRM: Affirm your feelings about the issue. What aspect of your moral integrity is being threatened? What role could you (and should you) play?
ASSESS: Begin to put some facts together. What is the source of your moral distress? What do you think is the “right” action and why is it so? What is being done currently and why? Who are the players in this situation? Are you ready to act?
ACT: Create a plan for action and implement it. Think about potential pitfalls and strategies to get around these pitfalls.
Exemplars
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Topics Discussed at Ethics Café Case Studies• Difficult Patients: Professional
Responses• The Right to Self Determination:
Patients Autonomy vs. Beneficence • When a Surrogate does not follow
wishes of patient… and clinician feels caught in the middle
• Clinicians’ duty in an era of shared decision making
• “Truth telling in a patient who has regained capacity”
• After the disaster: caring for self
Topics re: Code of Ethics• Workplace Violence: Bullying
• Protection of Patients Rights of Privacy and Confidentiality
• Patient Protection and Impaired Practice
• Conscientious Objection
Bringing Ethics’ Hospital Wide
Annual Interdisciplinary Ethics Grand Rounds
Topics: Balancing Ethical Considerations, Professional Values, and Legal
Accountability To feed or not to feed? Supporting patients and families at EOL with
decision making
Agenda Format Introduction to Ethical Principles Case Presentation Panel Discussion: (Clinicians, Director of Palliative Care, Chairperson of
Ethics’ Café, Members of Ethics Cafe) Participants Reflection and Discussion
Ethics Café : Case Study Exemplar• Mr. Jones 62 yrs. admitted for failure to thrive; lives alone and has been
been independent up to about 2 months ago. Has supportive family.• H/O Colon Cancer with metastasis to liver• He has full capacity• Palliative care consult; has discussed need for pain management, fluids,
refuses tube feedings, preference is for DNR / comfort care• Currently being managed by medical and palliative care team• He is morbidly obese, weighing 350 lbs, confined to bed, and experiencing
incontinence of urine and stool (Has lost 60 lbs in past 6 months)• Pain is being managed with medications: states pain level 2-4 / 10• Clinicians has ordered bariatric bed, positioning devices (tortoise system)
to facilitate movement in bed which he has refused• He also refused all basic care including positioning, AM Care, and cleansing
after each incontinence episode – states he wants to be left alone
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Ethics Café: Case StudyDiscussion re: Case of Mr. Jones: Case reviewed in relevance to ethical principles of: autonomy,
beneficence, autonomy vs. beneficence, paternalism Patient competent; has decided for comfort care / no
extraordinary care for medical management Patient identifies comfort care to include being able to refuse
all basic nursing care Same rules as medical care? Distinction between ordinary vs. extraordinary care
Lack of paradigm cases Moral distress experienced by clinical nurses Legal ramifications
Possible ethical responses to a competent person’s refusal of nursing care: respecting autonomy vs. paternalism, negotiated response
Ethics Café: Case Study Mr. T is a 22 year old male admitted from home for a non functioning
PEG tube Has a significant medical history including congenital disorder of
dystrophic epidermolysis bullosa (EB; sloughing of the epidermis), PEG tube (placed in infancy), and left lower extremity Squamous Cell Carcinoma (SCC) (EB complication)
Primary caregiver and surrogate is his mother who, although patient has full capacity, he has given her permission to make all medical decisions related to his care. She provides all care and does not allow staff to participate in bathing, ADLs, dressing changes, etc.
Mother insists patient not to be told about SCC for fear it will cause him despair
Concern for staff (medical and nursing) is that they have not been able to assess and determine extend of impaired skin integrity secondary to EB, Pressure, and IAD (at least 60% epidermis is denuded)
Staff concern re: mother’s dressing techniques (does not wear gloves or properly wash hands), that after episodes of diarrhea the mother provides cleansing only when given permission by patient (often only once a shift); etc.
Ethics Café: Exemplifier Discussion of Case of Mr. T:• Conflict between patient’s right to refuse care and nurses sense of
duty to provide care (conflict between autonomy and nonmaleficence)
• Concern re: legal obligation (regulatory mandates) to prevent and manage pressure injuries; prevent infection (beneficence and nonmaleficence)
• Concern of obligation (duty) to intervene if clinicians’ observation of skin care procedures by mother places patient at risk for infection (beneficence)
• Conflict with not being able to have “truth telling” with patient except through mother (Conflict between truth and hope)
• Conflict of identifying boundaries of surrogates
• Possible ethical responses of setting limits, contracts, joint efforts in care
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Key Issues in Ethics re: Context Case Scenario
Mrs. M was 74 years old who after extensive surgery for necrotizing fasciitis developed DVT, PE and CVA. She has been intubated in ICU for three months. She is considered to be in a vegetative state. After meeting with the palliative care team, the husband agree to have his wife removed from ventilator but insisted tube feedings and fluids be continued.
She was transferred to a long term care facility but re admitted within 2 months for pneumonia. She was treated with antibiotics. Palliative care team again spoke to husband and since there was no change in vegetative status, the issue of artificial feedings again was discussed.
The husband stated that he and his wife were practicing Catholics and that nutrition in their religion was considered natural and necessary care- so he wanted it continued.
How does patient and surrogates religious values impact ethical decisions to continue feedings and fluids?
How do issues of moral status, virtue, and context help understand this decision?
How could Quantitative, Qualitative, or Clinical Futility, or Justice, or Autonomy be discussed related to this case?
Exemplar Mrs. M is a 59 years old and first day post-op after R/BKA for
infected gangrene right foot. She requested to be left alone and just wants her pain medication and to be left to sleep. Her clinician notices her dressing is soiled and needs to be changed- but patient insists it can wait. The clinician is concern that knowingly not changing dressing as scheduled may place patient at risk for infection.
Should clinician respect patient’s right to refusal to dressing change?
What actions are necessary for the clinicians? Issue key to concepts of ordinary vs. extraordinary care Autonomy vs. Nonmaleficence
Exemplar
Case Scenarios: Patient who has multiple co morbidities and whose
general health status has been deteriorating, is admitted with multiple full thickness wounds, osteomyelitis's, treated with antibiotics; he develops C. diff. Not responsive to treatment for C. Diff.
Goals of care palliative approaching end of life, although a DNR has not been signed.
Mother is surrogate and after doing her own research insists that her son be given fecal transplantation.
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Exemplar What do you do if the surrogates’ wishes regarding their
loved ones’ care differ from yours and from the accepted medical care — they want “full support or care” or want “no support or care,” which is different from accepted standard of care?
Should the patient’s long-term prognosis (quality of life) affect decision making?
Should resource allocation (finances, beds, staffing) or psychosocial issues (e.g. families moral distress) be part of the medical decision?
Ethical Issues: Beneficence, Futility, Balancing Benefits, Costs, Risks
In summary, making ethical decisions, coping with moral stress, are complex, challenging issues, etc.…..
Not as simple as Yes or No…
Complex issues that clinicians useMultiple Frameworks to Resolve
but
Ethics Café Outcomes and Take Away“Immeasurable” Outcomes: “I am so happy to learn that other clinicians’
experience the same difficulties and concerns in these situations”
“ I feel better now that I had the opportunity to talk about how I felt when this patient died ∽ I wasn’t able to sleep for nights”
“It is so nice to have a venue to talk about stressful issues… and not bring it home to my family…who really don’t understand”
“I feel more empowered to be the patient’s advocate”
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Measuring OutcomesEthics Café SurveyPlease indicate how your overall knowledge/ skill level has changed as a
result of today’s experience at the Ethics Café :
Low Moderate HighBefore Café
▢ ▢ ▢After Café ▢ ▢ ▢
I plan to make changes in my clinical practice as a result of this experience: Yes ▢ No ▢
If yes, what change: ________________________________
Learning this content will positively impact my personal and / or professional life: Yes ▢ No ▢