Paternalism can take a number of forms. Unfortunately, because of the governments increasing amount of interaction and funding of the medical industry, governmental paternalism can take the form of limiting funding, which affects treatment options. This form of paternalism is destructive to the health care industry, and is rarely helpful. This form of paternalism also assumes that the government or funding agency knows more about the well-being of my patient than I do, or those involved in their care and treatment. At other times, the individual health care provider, who is immediately involved in the situation may need to take a paternalistic view of his or her patient's well being. In the case of immediate care of the patient does not take away from the patient the rights for self-determination, but aids the patient in the decision making process which is involved in modern health care, paternalistic decisions can be in the patients and nursed best interest.
In the case in which information given to the patient could make no change in the outcome of a procedure, or condition, one could say that deception, or keeping information from the patient would be ethical.
Confidentiality between patient and practitioner is of the utmost importance, and should rarely be breached. However if keeping the information confidential would create greater harm to a wider array of people, the nurse has an obligation to break his or her confidence, such as cases of infectious disease. Also, if the silence would put others at risk of harm, the issues should be brought into the light for evaluation.
Risk is a wide term, and risks to the patient can occur on a number of levels. Risks can arise from the lack of care, from the use of inappropriate care, or from the decisions which the patient makes regarding his or her care. The nurse has an ethical responsibility to allow the patient to make decisions affecting their own well being, and this may put the patient at risk due to his or her own decisions. However, the nurse still has the obligation to allow the patient this choice. This is allowing the patient self-determination.
This is an example of paternalism, and I believe looking into the matter further on the basis of the well being of the child is an acceptable level of paternalist actions, even though it may breach the mother's confidentiality. In this case the health and well being of the child is at risk, and the child is not in a place to protect himself. By remaining uninvolved, the nurse risks harm to another innocent person, therefore addressing the matter with the mother, and then calling to follow up with the other doctor would be an acceptable level if paternalistic involvement. The doctor on the other end of the phone line still has the option of whether or not to divulge information. So the nurse is maintaining accountability for her actions while seeking to work for the benefit of the unprotected child.
Dr. Koop's use of the pregnant woman who has cancer is a great illustration of the dilemmas faced on modern medical practice. Saving the mother in his case study puts the child at risk. His approach to moving ahead with treatment when it may harm the child is representative of both the paternalistic nature of governmental interdiction in the medical industry, and of the federal position which does not assign rights to the child until after birth. The 'doctor knows best' approach is unfortunately based not only on the Dr.'s knowledge, but also the Dr.'s philosophical paradigm, which I do not agree with. The choice is difficult, but expending the life of the child in order to save the mother without the mothers consent would be a breach of medical ethics.
There are three cases in which patient autonomy should be limited. The first, which is the widest category, is in the case of diminished capacity. If the patient's injuries, or if the previous medical treatment has created a state in which the patient is not fully aware of his or her own decisions, then a case for diminished capacity should limit the individuals own decision making. Secondly, if there are external barriers to medical care and treatment which the patient of medical staff cannot overcome, then the medical staff needs to make decisions for the patient. And lastly, the situation may be one in which delaying for the patient, or other persons to make a decision could cause increased levels of harm to come on the patient. In this...
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now