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Ethical Dimensions in the Health Professions PDF

449 Pages·2011·12.48 MB·English
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ETHICAL DIMENSIONS in the Health Professions FIFTH EDITION RUTH B. PURTILO, PHD, FAPTA Professor Emerita of Ethics MGH Institute of Health Professions Boston, Massachusetts; John Marsh Visiting Professor University of Vermont Burlington, Vermont REGINA F. DOHERTY, OTD, MS, OTR/L Lecturer Tufts University Department of Occupational Therapy Medford, Massachusetts; Senior Occupational Therapist Massachusetts General Hospital Boston, Massachusetts 3251 Riverport Lane St. Louis, Missouri 63043 ETHICAL DIMENSIONS IN THE HEALTH PROFESSIONS, FIFTH EDITION ISBN: 978-1-4377-0896-7 Copyright © 1981, 1993, 1999, 2005, 2011 by Saunders an imprint of Elsevier Inc. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. Details on how to seek permission, further information about the Publisher’s permissions policies and our arrangements with organizations such as the Copyright Clearance Center and the Copyright Licensing Agency, can be found at our website: www.elsevier.com/permissions. This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein). Notices Knowledge and best practice in this field are constantly changing. As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary. Practitioners and researchers must always rely on their own experience and knowledge in eval- uating and using any information, methods, compounds, or experiments described herein. In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility. With respect to any drug or pharmaceutical products identified, readers are advised to check the most current information provided (i) on procedures featured or (ii) by the manufacturer of each product to be administered, to verify the recommended dose or formula, the method and duration of administration, and contraindications. It is the responsibility of practitioners, relying on their own experience and knowledge of their patients, to make diagnoses, to determine dosages and the best treatment for each individual patient, and to take all appropriate safety precautions. To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors, assume any liability for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions, or ideas contained in the material herein. Library of Congress Cataloging-in-Publication Data Purtilo, Ruth B. Ethical dimensions in the health professions / Ruth B. Purtilo, Regina F. Doherty. — 5th ed. p. ; cm. Includes bibliographical references and index. ISBN 978-1-4377-0896-7 (pbk. : alk. paper) 1. Medical ethics. I. Doherty, Regina F. II. Title. [DNLM: 1. Ethics, Professional. 2. Patient Rights—ethics. W 50] R724.P82 2011 174’.2—dc22 2010038396 Executive Editor: Kathy Falk Associate Developmental Editor: Lindsay Westbrook Publishing Services Manager: Catherine Jackson Senior Project Manager: Mary Pohlman Senior Book Designer: Paula Catalano Printed in the United States of America Last digit is the print number: 9 8 7 6 5 4 3 2 1 With gratitude to the patients, professional colleagues, and students whose experiences have taught us volumes about the value and meaning of care. Foreword As a nurse ethicist in a tertiary care institution, I observe, hear about, and become involved in many of the complex cases that challenge interdisci- plinary health professionals, patients, and surrogates on a daily basis. Health professionals are immersed in day-to-day clinical decisions that are increasingly complex and often require more from them than their requisite professional specialty training can offer. Today’s health professional must have the language, forums, interdisciplinary collaboration, and support to effectively acknowledge and process these complex situations. Ruth Purtilo and Regina Doherty provide a readily accessible and clinically relevant format in the fifth edition of Ethical Dimensions in the Health Professions to support interdisciplinary health professionals in this quest. Dr. Purtilo has long been a leader in the concept and practice of interdisciplinary ethics and my opportunity to work with Dr. Doherty in her position as Co-Chair of the Massachusetts General Hospital Ethics in Clinical Practice Committee successfully demonstrated her skill in highlighting the benefits of interdis- ciplinary collaboration in ethically challenging cases. This book makes ethical theory applicable for the practicing clinician by placing its use within the Six-Step process of analysis and highlighting the ethical decision-making process utilizing a wide variety of case studies. The Six-Step model assists health professional students and practicing clini- cians in approaching the often overwhelming nature of a clinical ethics situ- ation that can be replete with high emotion, a multitude of facts, and lack of clarity. For many years now, I have used the Six-Step process in teaching students and practicing professionals. It is highly accessible to both. Its common sense problem-solving approach allows a weaving in of ethical theory in context that otherwise can become overly theoretical and difficult for the student or professional to embrace in the absence of the model. The fifth edition of Ethical Dimensions in the Health Professions continues to make this contribution to both the student and the lifelong learner at a time when ethical complexities are on the rise. The addition of new Chapter 2, “The Ethical Goal of Professional Practice: A Caring Response” and Chapter 11, “Communication and Information Sharing” represents topics that are current and needed for ethical analysis and decision making. The “caring response” as articulated in the text draws attention to behaviors that help to iv FOREWORD v accomplish this essential goal, beautifully expressed in a way that is under- standable and tangible. Never in the history of the professions is the recog- nition of “empathic communication” more needed in both education and practice. The authors urge readers to embrace reflection on the impact of their roles as they practice. Through doing so the reader is better prepared to provide ethically sensitive care. As a consummate supporter of interdisciplinary collaboration in the clinical setting, I am excited about the fifth edition of Ethical Dimensions in the Health Professions. In my role as Co-Chair of the MGH Optimum Care Committee, I have consistently observed that patients and their surrogates benefit most when health professionals of all disciplines involved in their care come together to share their expertise, challenge assumptions, and, in the end, arrive at creative alternatives that could not possibly be derived through the eyes of a single discipline. I am certain you will find that use of this book will bring clinical ethics alive for you as a student and practicing health professional. Ellen M. Robinson, RN, PhD Nurse Ethicist, Institute for Patient Care Co-Chair, MGH Optimum Care Committee Massachusetts General Hospital Boston, Massachusetts Preface Every day health professionals confront ethical issues in their practice. This text gives readers the basic tools to use for recognizing ethical issues, build- ing understanding, and working toward the resolution of ethical problems. The goal is to improve the lives of patients, the community, and themselves. Practitioners in the health professions are members of society who are transformed from simply caring to learn to also learning to care. The tone of this book is practical throughout, designed for people on the front lines of health care decision making. Society expects its health professionals to be informed about current ethical issues and to be moral agents in helping to address them. This fifth edition of Ethical Dimensions in the Health Professions reflects the authors increased awareness that ethics has to be taught, and taught well, so that students will be well prepared for their role. Today’s health profes- sional must not only have knowledge and skills, but effectively balance these with sound judgment and responsibility for action. Effective ethical decision making in clinical practice demands that the professional use clinical reasoning—a complex thought process that entails thinking, analyzing, decision making, acting, and reflecting upon professional prac- tice. Ethical reasoning is not used in isolation, but rather in concert with other types of clinical reasoning. Administrators and teachers in profes- sional education continue to work toward offering more and better profes- sional ethics courses, seminars, and continuing education opportunities that emphasize this shift. Furthermore, in many educational programs, edu- cators skillfully have woven ethics theory and practice into the very fabric of the student’s learning experiences in the clinic as well as the classroom. Our goal in preparing this updated and expanded edition has been to reflect these positive changes. What’s New in this Edition At the outset you will notice the addition of Regina Doherty, a respected occupational therapy clinician and educator as a co-author. Whose training, professional experience, and expertise in ethical reasoning enhance the pages of this text. Our collaborative work in interdisciplinary classroom vi PREFACE vii teaching, the development of curricular materials, and leadership in the de- velopment of an international consortium on ethics education, were prompts to enrich this book through a co-authored effort. The text remains deeply interdisciplinary and clinically oriented. Readers of previous editions will notice signature features carried through into this edition, among them the overarching goal of professional practice, a caring response; the three proto- types of ethical problems; the six-step process of ethical decision making; narrative accounts to illustrate relevant ethics themes in everyday practice; built- in reflective exercises; summary statements; and questions for thought and discussion at the end of each chapter. Cases and federal statutes and regulations that have ethical bearing in practice have been updated. In Section One the reader is introduced to the idea of morality and ethical study, which includes an expanded section on law and ethics. A new chap- ter is now devoted entirely to care. This includes the concept of care and characteristics of a caring response in the health professions. A new section on modes of clinical reasoning helps the reader to set the context for more critical reflection on the various ethical dimension of practice. Section Three has been reorganized to reflect updated national standards and challenges. The most recognizable change is the addition of a new chapter on commu- nication, a foundational aspect of therapeutic relationships. Given the heightened reliance on new mechanisms of communicating in health care, this chapter focuses directly on the ethical dimensions of information shar- ing. It provides insights to help students examine communication through the lens of ethical decision making. Given the increased awareness on health disparities, Section Five includes an expanded emphasis on social justice. As in previous editions, our intent is to help readers prepare for their role as moral agents and enhance their ability to effectively confront ambiguities in practice. The final chapter highlights moral agency and re- sponsibility in its expanded forms. Here opportunities present in societal spheres where the roles of the health professional and citizen meld. The fifth edition stands on the shoulders of the previous four, grounded securely in theory and those enduring concerns that have supported the need for professional ethics and ethical professionals since the beginnings of health care. It also builds on our abiding conviction that health profes- sionals can and should assume a strategic position to help shape the con- tours of today’s health care environment so that it embraces and protects cherished social values. We hope that Ethical Dimensions in the Health Profes- sions will serve as a guide and welcome companion on your journey in professional ethics. This journey is, we believe, a key to finding self- fulfillment in professional life. Ruth B. Purtilo Regina F. Doherty Acknowledgments Edition Five The first edition of this book was co-authored by Ruth Purtilo and Dr. Christine Cassel. Readers familiar with Dr. Cassel’s outstanding contributions to health care and health policy will recognize her ideas and insights still woven into the very warp and woof of the text. We owe a debt of gratitude to the health professions students and col- leagues we have had the opportunity to teach and learn from at our respective current places of employment, including the MGH Institute of Health Professions, The University of Vermont at Burlington, Tufts University, and the Massachusetts General Hospital. We have led and served on several ethics committees throughout our careers, and these interdisciplinary discussions have expanded our understanding of how ethical issues impact the lives of patients, their families, health profes- sionals, and institutions. Our mentors and supporters along the way are too numerous to mention here. We have benefitted greatly from their generosity and care. Lastly, a heartfelt thanks to our husbands, Vard Johnson and Dan Doherty, whose deep support and respect for our professional endeavors nourish our work and lives; and to Regina’s young daughter, Olivia Grace, and Ruth’s goddaughter, Allison Cole, whose inquisitive spirits and open hearts are sources of great motivation and joy. Ruth B. Purtilo Regina F. Doherty viii Notes to Instructors on Using This Edition The core purpose of this book is to provide the tools for addressing common, everyday ethical issues in the health professions. Our hope is that both you and your students will find it user-friendly! The goal of a caring response (Chapter 2), and the concept of moral agency (Chapter 3) provide a framework throughout the text for ethical analysis and action. Instructional Tools A Six-Step Process of Ethical Decision Making The Six Steps Building Blocks Step 1: Gather relevant One must pay critical attention to the details of a information situation. This means learning to distinguish clinical, legal, and ethical content. Step 2: Identify the type The three prototypes of ethical problems of ethical problem introduced in Chapter 3 help to organize the details of a narrative into the appropriate category (or categories) for ethical analysis. Step 3: Analyze the In Chapter 4 the skills of ethical reasoning are problem using ethics put into play. theories or approaches The foundational theories, approaches, and meth- ods of ethics (i.e., moral virtues, rights, duties, and principles) are introduced here as tools for analysis. Steps 4: Explore the This step focuses on the realistic options for practical alternatives carrying through with ethically appropriate action. Openness and creativity are essential. Step 5: Act In this step, action is required. The resolve and courage to proceed are needed. Step 6: Evaluate the In this final step, the professional/s reflect on process and outcome the ethical decision, action, and outcomes. Attention is paid to what can be learned for future situations. ix

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