NCM 108 Transes (Prelims) PDF

NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C BIOETHICS HEALTH ETHICS The application of general ethical principles to Health ethics focuses on...

NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C BIOETHICS HEALTH ETHICS The application of general ethical principles to Health ethics focuses on ethical issues in healthcare, health care. medicine, and science. It involves discussions about treatment choices for individuals, families, and (Catalano) providers. As a branch of applied ethics, it examines “Synonymous term with health care ethics and how moral values relate to healthcare. While encompass not only questions of quality of life, life- morality deals with social norms of right and sustaining and a life-altering techniques and bio- wrong, ethics emphasizes professional conduct. science in general. “ Health ethics helps address complex moral dilemmas by aligning them with ethical principles in BIO - life the healthcare field. ETHICS - comes from the Greek word ‘ethikos’ meaning moral character. A. ENTERING A HEALTH CARE PROFESSION Health care practice combines science and technology with patient care, and offers careers that - Branch of philosophy that studies never stop growing, challenging, and providing the nature of and the justification opportunities for development. for principles governing right conduct. 4 CHARACTERISTICS OF A PROFESSION 1. Competence in a specialized body of knowledge - A system or code of conduct and and skill. morals advocated by a particular 2. The provision of a particular service to society. individual or group. 3. Standards of education and practice. 4. Self-regulation NURSING ETHICS CODES OF ETHICS PURPOSE It is a branch of applied ethics that concern itself A code of ethics unites a group of practitioners, with activities in the field of nursing. reflecting their goals and values. It encourages A branch of philosophy dealing with values personal integrity, dedication, and principled pertaining to human conduct, considering the behavior. Practitioners have a fiduciary relationship rightness and wrongness of actions and the with clients and patients, meaning they must goodness or badness of the motives and ends of prioritize the best interests of those they serve. such actions. FIDUCIARY RELATIONSHIP Systematic rules of principles governing right A relationship in which one party places special conduct. trust, confidence, and reliance in and is Nursing ethics is fundamental to nursing. All influenced by another who has a fiduciary duty nurses should respect their patients, maintain to act for the benefit of the party. Called also patient's dignity, and protect patient's rights. confidential relationship, fiduciary relation. Nurses must create an environment of mutual trust and respect between patients and healthcare professionals. SEPT 23, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C SPECIALTY PRACTICE ACT TYPES OF SANCTIONS FOR LAPSE IN ETHICAL, Scope of professional practice LEGAL, AND PROFESSIONAL ETIQUETTE Requirements and qualifications for licensure or certification Exemptions to basic requirements Grounds for administrative actions Penalties and sanctions for unauthorized practice DIFFERENCE OF ETHICS & MORAL Ethics and morals relate to "right" and "wrong" B. PROFESSIONAL ETIQUETTE Professional etiquette in healthcare is based on conduct. traditions of good practice and manners. It includes Ethics refer to rules provided by an external avoiding negative talk about other practitioners, source, e.g., codes of conduct in workplaces or maintaining appropriate relationships at work, and principles in religions. respecting the boundaries of one's role or specialty. Morals refer to an individual's own principles regarding right and wrong. C. HEALTH CARE ETHICS Health care ethics help maintain order and civility in SOURCE OF PRINCIPLE medical practice. They focus on people's rights and Ethics are external standards set by institutions, welfare, guiding decision-making for health groups, or cultures that individuals belong to. For professionals. Ethical questions arise from our example, lawyers, police officers, and doctors must values, morals, and personal beliefs, shaping how we follow professional ethical codes, regardless of their care for patients and fulfill our responsibilities. personal feelings. Ethics serve as a social system or framework for acceptable behavior. D. THE FOUNDATIONS OF LAW These laws were to be applied without regard to the circumstances of the individuals involved. It is from this neutral application of law that we take the tradition of a "rule of law and not of men" BASIC SOURCES FOR MODERN LAW 1. COMMON LAW - this comes from past court decisions and evolves with new rulings. It's a system of principles shaped by judges over time. 2. STATUTORY LAW - which arises from legislative bodies. (Legislative bodies is the National Legislature, includes the Senate and the House of Representatives.) 3. ADMINISTRATIVE LAW - which flows from the rules and regulations and decisions of administrative agencies. SEPT 23, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C FUNDAMENTAL PRINCIPLES OF LAW THE COMPLAINT AND ANSWER A concern for justice and fairness. A lawsuit starts when a plaintiff files a complaint with Plasticity and change the court, outlining a prima facie case. The plaintiff must Acts are judged on the universal standard of the then provide evidence for all key facts and the specific reasonable person offenses they allege against the defendant. (Prima facie Doctrine of Individual Rights and Responsibilities case is enough evidence to support a claim, unless proven otherwise. It usually includes key parts like responsibility, a violation, a connection, and harm.) COMMON MISUNDERSTANDINGS ABOUT THE COMMON ELEMENTS OF A COMPLAINT NATURE OF LAW Jurisdiction Statement: The plaintiff explains why Some people think that law covers everything the court has the authority to handle the case. and that you just need to find the right legal Claims Statement: The plaintiff describes how they example to get an answer. were wronged and what happened. The belief that the law always reacts a certain Demand for Relief: The plaintiff states what they way is a misunderstanding, as it suggests the law want the court to do to fix the issue. is always clear and predictable. LAWSUIT The law tells you what to do. The defendant' s answer must address each of the plaintiffs allegations: Admit, Deny, Plead. E. THE LAWSUIT STATING YOUR PLEA Pleading Guilty: This means you admit to the crime PLAINTIFF a person who brings an action in a you’re charged with. court of law Pleading No Contest (Nolo Contendre): This means DEFENDANT a person against whom an action is you accept the charges without admitting guilt, brought. similar to a guilty plea. STEPS IN CIVIL LAWSUIT PRETRIAL PHASE 1. DISCOVERY - Often the longest part of a lawsuit, where discovery can sometimes resolve the case if COMPLAINT damaging information is found. Major Elements of Discovery: INTERROGATORIES: Written questions one side ANSWER sends to the other. DOCUMENT REQUESTS: Requests for specific documents, like records. DEPOSITIONS: Opportunities to question witnesses DISCOVERY and parties to gather information about the case. 2. TRIAL & JUDGEMENT - A case can be tried before just a judge or a judge and jury. The trial starts with opening statements, led by the plaintiff's attorney. TRIAL & JUDGEMENT 3. APPEAL - The losing party can appeal a final judgment to a higher court. The higher court hears arguments from both sides but won't consider new APPEAL issues. 4. ARBITRATION - This involves a neutral third party chosen by both sides to make a binding decision, and it's recognized in most states. SEPT 28, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C The basic stages and the source of the value HUMAN VALUE DEVELOPMENT orientation using the Kohlberg model. AND THE SYSTEM OF PUBLIC LAW A. VALUE DEVELOPMENT One way to understand human behavior is by viewing our actions as efforts to meet either our needs or our values. MASLOW’S HIERARCHY OF NEEDS GENERATIONAL THEORY This sociological theory, popularized by Morris Massey in the 1970s and 1980s, suggests that the historical time period in which a person is born influences their worldview. It's often used to guide how personnel interact with clients, whether in person, by phone, or in writing. COMMON DECISION-SHAPING VALUES Independence: Freedom from constraints. Autonomy: Self-determination. Privacy: Protection from invasion. Self-Esteem: Valuing oneself. Well-Being: Freedom from pain and suffering. Security: Control over fear and anxiety. Belonging: Group identification. Support: Sexual and spiritual fulfillment. Capacity: Freedom from disability. Accomplishment: Personal fulfillment. B. VALUE DEVELOPMENT MODELS The ability to become ethical individuals who adhere to universal principles of mutual cooperation and altruism appears to be universal. KOHLBERG'S STAGE THEORY OF MORAL REASONING We enter the world without specific rules for behavior; our values develop through interactions with our cultural environment. SEPT 28, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C SILENT GENERATION (TRADITIONALISTS, MILLENNIAL GENERATION VETERANS) (BORN MID-1980S - 2000) Born between 1929 and 1945, this generation's values This generation grew up after the Cold War, quickly were influenced by the Great Depression and World adapting to new communication technology and War II. They emphasize teamwork and duty, leading often helping their parents. They are globally aware to a serious attitude, strong work ethic, and comfort and understand the environmental challenges of with rules and structure. modern lifestyles. BABY BOOMERS (BORN 1946 - 1960S GENERATION Z (BORN LATE 1990S TO 2025) This generation grew up in a prosperous post-World This generation grew up with personal computers, War II era, shaping their values. Their size influenced mobile phones, gaming systems, and social media. societal changes, and events like the civil rights They are skilled at multitasking, able to text, talk, movement impacted them. Consequently, they read, and eat simultaneously, which often amazes often feel a moral duty to fight corruption and older generations. create change. GENERATION X (BORN 1968-1989) Generation X, often labeled the "slacker generation" by Baby Boomers, values options and flexibility. They prefer less supervision at work and enjoy variety and change, seeking independence in their careers. SEPT 28, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C C. WORLD VIEWS PUBLIC LAW Everyone has a unique way of thinking and believing Consists of the following forms: that shapes how they see events. This perspective, Constitutional influenced by culture and experiences, affects our Administrative sense of right and wrong. Some people believe in Criminal moral nihilism, which means they think there are no International absolute moral truths or responsibilities. Level of Punishment: (Nihilism: Nihilism is the belief that life lacks Felony: A serious crime punishable by death or inherent meaning, value, or moral truths. ) imprisonment in a state or federal penitentiary. Misdemeanor: A less serious crime, punishable Ethical Relativism - This view holds that morality by less than a year in jail or a house of correction. depends on the society a person grows up in. It claims that right and wrong can only be understood THE 1987 CONSTITUTION OF THE REPUBLIC OF within their cultural context, so they vary between THE PHILIPPINES PREAMBLE cultures. We, the sovereign Filipino people, imploring the aid Values associated with this world view: of Almighty God, in order to build a just and humane Power society, and establish a Government that shall Self-preservation embody our ideals and aspirations, promote the Self-aggrandizement common good, conserve and develop our Maneuverability patrimony, and secure to ourselves and our posterity, Pleasure the blessings of independence and democracy Security under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and UNETHICAL ACTS MOST CULTURES AGREE promulgate this Constitution. Rape: Forcing unwanted sexual intercourse. Article I: National Territory Slavery: Human bondage and exploitation. The national territory of the Philippines includes: Genocide: Attempting to eliminate an entire The Philippine archipelago, with all its islands group of people. and waters. Torture: Inflicting severe pain for personal gain. Territories where the Philippines has sovereignty Sexism: Unfair treatment based on gender. or jurisdiction. Terrestrial (land), fluvial (river), and aerial (air) domains. D. THE SYSTEM OF PUBLIC LAW Territorial sea, seabed, subsoil, insular shelves, Understanding the legal environment helps us and other submarine areas. provide proper care. Our legal system is divided into The waters surrounding, between, and connecting two main parts: public law and private law. the islands are considered internal waters of the Private Law: Governs relationships between Philippines. individuals, focusing on rights and obligations when both parties are private citizens. Public Law: Involves the relationship between private parties and the government, addressing issues related to the state’s political or sovereign authority. SEPT 28, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C 3. Utilitarianism DECISION MAKING IN VALUE Focuses on maximizing happiness and ISSUES AND PRIVATE LAW minimizing pain. Jeremy Bentham and John Stuart Mill are key VALUE CONFRONTATIONS figures. In healthcare, values play a crucial role in Mill emphasized higher pleasures, like determining what is right for patients. Our values intellectual and social enjoyment. guide our understanding of right and wrong and Act Utilitarianism: Evaluates actions based on influence our behavior. potential pleasure or utility. Criticisms of Utilitarianism ESSENTIAL MENTAL ATTRIBUTES FOR ETHICAL Calculating all possible outcomes is often REASONING impractical. 1. Ethical Humility: Recognizing the limits of your It can justify unfairness and rights violations. ethical insights. It may overlook the importance of individual 2. Ethical Courage: Being open to fairly evaluating rights. differing beliefs. It can support preventing others from making 3. Ethical Empathy: Trying to understand others' harmful choices. perspectives. It doesn't fully explain our moral beliefs and 4. Ethical Fair-mindedness: Applying the same values. standards to your beliefs as you do to others'. VIRTUE ETHICS IN NURSING ETHICAL THEORIES What is Virtue Ethics? 1. Teleological (Consequence-Oriented) Theories A philosophy developed by Aristotle and ancient Origin: Greek word "telos," meaning end. Greeks, focusing on understanding and living a life These theories evaluate actions based on of moral character. their outcomes. Intrinsic Goods include life, health, happiness, Key Aspects of Virtue Ethics truth, beauty, love, and freedom. Centers on personal character and the 2. Deontological (Duty-Oriented) Theories development of moral habits rather than specific Origin: Greek word for duty. actions. Actions are right or wrong based on their Emphasizes the traits or virtues that define a good nature, not consequences. person. Immanuel Kant argued that consequences Aims to cultivate character, viewing happiness as are irrelevant to morality. the highest goal (eudaimonia). Criticisms of Kant: According to Aristotle, happiness is achieved by i. His rigid moral philosophy may not fit developing both intellectual and moral virtues real-life situations. through consistent habits. ii. Morality can't solely be based on reason. iii. Ignoring consequences can lead to Understanding Virtue and Character negative outcomes. Virtue: A habit of excellence that contributes to iv. Nonhuman animals have no moral human flourishing (eudaimonia). standing in his view. Habit: A tendency to think, feel, and act in specific v. Conflicts between duties can arise. ways without conscious effort. Character: The overall sum of one’s habits, tendencies, and well-being. OCT 21, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C Aristotle's Traits of a Virtuous Character Core Values of a Professional Nurse 1. Chosen for Their Own Sakes: Virtuous acts Becoming a nurse is a rewarding career dedicated to should be done for their intrinsic value. helping others. Nursing schools teach essential core 2. Firm and Unchangeable Character: Choices values that guide future nurses. must stem from a consistent character. 1. Empathy and Caring - Nurses learn the 3. Mean Disposition: Virtue involves choosing a importance of empathy and compassionate care, balanced approach between extremes. focusing on the patient's experiences and Four Cardinal Virtues respecting their dignity and independence. Temperance: Self-control and moderation. 2. Communication - Effective communication is Courage: Bravery in facing challenges. crucial in nursing. Nurses use various skills— Prudence: Wisdom in decision-making. speaking, writing, and nonverbal cues—during Justice: Fairness and moral righteousness. patient assessments and while working with Piety: Reverence, sometimes considered a fifth families and healthcare teams. virtue. 3. Teaching - Nurses educate patients and families about maintaining health, providing tailored Origins of Virtue Ethics information based on individual learning needs Greek Poets: Writers like Homer and Sophocles and preferences. They believe patients have the depicted morality through the virtues and vices right to make informed decisions about their care. of their characters. 4. Critical Thinking - Nurses must make accurate Plato: Emphasized understanding ideal virtues clinical decisions, often in complex situations. such as justice, piety, and courage as part of the Critical thinking involves questioning assumptions, quest for truth. reflecting on experiences, and making informed Virtue Ethics rejects Ethics of Dilemma approach: choices. DEONTOLOGICAL & CONSEQUENTIALISM 5. Psychomotor Skills - Hands-on skills are essential in nursing. Nurses use specific techniques to assess and provide care while ensuring patient comfort and dignity, learned through practice and understanding of basic principles. 6. Applied Therapeutics - Nurses implement therapeutic treatments, like medications and nutritional plans, based on their knowledge and assessment skills to promote health and wellness. 7. Ethical and Legal Considerations - Nursing Utilitarianism vs. Deontology vs. Virtue Ethics practice is guided by ethical and legal standards, including accountability and confidentiality. Understanding these boundaries helps protect both patients and nurses from legal issues. 8. Professionalism - Professionalism reflects a nurse’s commitment to their role. This includes being knowledgeable, responsible, and guided by standards and ethics within the nursing profession. Understanding the history and research of nursing enhances professionalism. OCT 21, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C Divine Command Ethics This is an ethical theory suggesting that moral guidance comes from a divine being who provides a finite set of rules for moral decisions. Criticisms of Divine Command Theory 1. Assumptions of Belief: It relies on belief in divine beings or exemplary figures, which not everyone may accept. 2. Limited Scope: It may not address all possible moral dilemmas or situations. 3. No Exceptions: The theory often operates under a strict "no exceptions" rule, which can be problematic. 4. Euthyphro Problem: This philosophical issue questions whether something is good because God commands it, or if God commands it because it is good. OCT 21, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C BASIC PRINCIPLES OF HEALTH Common Negligent Acts CARE AND THE NATURE OF Acts of Commission: RIGHTS IN ETHICAL DISCOURSE Administering wrong medications or dosages. ETHICAL PRINCIPLES Performing surgeries without consent. Acts of Omission: Failing to conduct thorough patient assessments. Not following up on critical lab tests. Negligence Defined as the unintentional commission or omission of an act that a reasonable person would or would not do in similar circumstances. Malpractice refers to negligence by a professional health provider. PRIVATE LAW Forms of Negligence Malfeasance: Performing an unlawful or This deals with the rights and duties of private citizens improper act. and organizations, requiring ongoing reflection, Misfeasance: Improper performance of a lawful vigilance, and self-evaluation in ethical and legal act. practices. Nonfeasance: Failing to act when there is a duty to do so. Two Basic Types of Private Law Criminal Negligence: Reckless disregard for the 1. Tort Law: A civil wrong or injury, other than a breach of safety of others. contract, for which a court can provide a remedy in the form of damages. Four Ds of a Negligence Case 2. Contract Law: Duty: Establish a provider-patient relationship. A legally enforceable agreement between two or Dereliction of Duty: Breach of duty by failing to more parties, where each party has specific act as a competent provider would. obligations. Direct Cause: The breach directly caused the injury. Objectives of Tort Law: Damage: Actual injury or loss occurred. Preserve peace between individuals. Determine fault. Legal Terms Compensate for injury. Res Ipsa Loquitur: "The thing speaks for itself." This allows injury cases to be proven without Types of Torts specific evidence of negligence if the situation Negligent Torts: Result from failure to act clearly indicates it. reasonably (e.g., administering wrong medications). Respondeat Superior: "Let the master answer." Intentional Torts: Result from deliberate actions This holds employers responsible for their (e.g., assault). employees' negligent actions during work. Strict Liability Torts: Liability without proving negligence, often related to defective products. OCT 21, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C Forms of Intentional Torts in Healthcare Contents of Patient's Rights Assault and Battery 1. Right to receive medical treatment, nursing, and Assault: Threatening or causing fear of harm health care. without physical contact. 2. Right to understand their disease and give Battery: Actual physical contact or injury informed consent. without justification. 3. Right to make free choices about their care. Defamation of Character 4. Right to confidentiality. Defamation: Harm to a person's reputation 5. Right to be relieved of partial social through false statements. responsibilities and obligations. Libel: Written defamation. 6. Right to oversee the fulfillment of their medical Slander: Spoken defamation. and nursing rights. False Imprisonment Illegally confining someone against their will, Patients' Obligations violating their right to move freely. This often 1. Responsibility for self-health care. 2. Seeking medical assistance and cooperating relates to using restraints for safety. with treatment and nursing activities. Invasion of Privacy 3. Supporting the advancement of medical science. The right to keep personal matters private. Healthcare providers can be liable if they Basic Extensions of Human Rights disclose a patient's private information Right to Health without consent or violate confidentiality Everyone is entitled to a standard of living rules. that supports health, including food, clothing, ETHICAL PRINCIPLES housing, and medical care. Right to Health Care 1. Autonomy in Health Care This means the state must provide services to Definition: Autonomy combines the Greek terms maintain and improve health, like for "self" (outas) and "governance" (nomos). In immunizations and dialysis. health care, it signifies personal liberty, allowing Right to Informed Consent individuals to make decisions free from deceit or Patients have the right to receive enough coercion. information to make informed decisions about their treatment. Patient Rights and Obligations Right to Refusal of Treatment Patient's Rights Patients can choose to refuse any treatment Patient's Bill of Rights offered to them. Informed Consent Right to Privacy Proxy Consent/Legally Acceptable Protects patient confidentiality and keeps Statutory Surrogates personal health information private. Confidentiality Right to Health Privacy According to the Universal Declaration of Human Rights (UNESCO, 1949): Patient's Rights Everyone has the right to a standard of living that Patient's rights are the legal entitlements individuals supports their health and well-being, including have regarding their care and treatment after access to food, clothing, housing, and medical becoming ill, ensuring they are treated with dignity care. and respect. People are entitled to services and goods that help them maintain or achieve good health. OCT 21, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C Right to Health Care Informed Consent This is a "positive right," meaning individuals can Informed consent includes elements like claim access to goods and services that support disclosure, understanding, voluntariness, their health. competence, and permission. It includes the expectation that the state will It involves communication between patient and provide specific health services, such as physician that results in the patient's agreement immunizations, kidney dialysis, home health to undergo a specific medical procedure. care, and prenatal and family planning services. Failing to obtain informed consent can lead to negligence or battery claims and is considered Patient's Bill of Rights medical malpractice. Encompasses legal and ethical issues in the provider-patient relationship. Statutory Surrogates Ensures patients receive ethical treatment, This consent is given by family members for minors quality care, and the ability to make informed or deceased patients, typically requiring written decisions without discrimination approval from two physicians to protect the patient's interests. Statutory surrogates, in order of Purpose of Patient's Bill of Rights priority, include: Ensures patients receive ethical treatment and 1. Patient's spouse (unless legally separated). quality care. 2. Adult child of the patient (consent from the Allows patients to make informed decisions majority if multiple children). about their care without discrimination. 3. Parent of the patient. 4. Unmarried patient's domestic partner (if no one Filipino Patients Bill of Rights else has financial responsibility). 1. Right to considerate and respectful care. 5. Sibling of the patient. 2. Right to complete information from the doctor 6. Close friend familiar with the patient's about diagnosis. healthcare views willing to act in the patient’s 3. Right to understandable information about best interest. diagnosis, treatment, and prognosis. 4. Right to complete information for informed 2. Veracity consent before procedures. Veracity means communicating information 5. Right to refuse treatment. believed to be true, which binds both health 6. Right to privacy. practitioners and patients in a relationship of 7. Right to confidentiality. honesty. Patients must be truthful for appropriate 8. Right to reasonable response to service requests care, while practitioners must disclose information within the hospital's capacity. to enable patient autonomy. 9. Right to know about the hospital's relationships What is a Lie? with other healthcare institutions and human Lying involves communicating information believed experimentation. to be false with the intention to deceive. A lie has 10. Right to expect continuity of care. three essential features: 11. Right to examine and understand the bill, 1. It communicates some information. regardless of payment source. 2. The liar intends to deceive or mislead. 12. Right to know hospital rules and regulations that 3. The liar believes what they are saying is not true. apply to patients. OCT 21, 2024  NCM 108 TRANSES (PRELIMS) AVILA, JURISPRUDENCE M. | BSN 2 - C 3. Beneficence Beneficence refers to actions that benefit others, often associated with mercy and charity. According to the American Nurses Association, "The nurse's primary commitment is to the health, well-being, and safety of the patient across the life span and in all settings where healthcare needs are addressed." OCT 21, 2024