Dilemmas like these may be a source of anxiety and uncertainty for the person or persons who must make decisions. Diminishing capacity complicates matters. How can you be sure you’re doing “the right thing” when it’s not clear what that is?
This post offers guidelines for approaching ethical dilemmas. It is not a road map to easy solutions — every case is different — but it will equip you with useful tools to evaluate ethical issues; identify practical ways to resolve common resident/patient dilemmas; understand how to balance individuals’ rights to make their own decisions with the need for others to make decisions on their behalf; and maintain professional boundaries.
Please note that healthcare practitioners must exercise their legal duties of care, particularly where ethics and law may overlap in the areas of confidentiality, patient capacity/informed consent, surrogate decision-making and advanced directives. For example, autonomy is identified as a human right subject to ethical considerations, but informed consent is a legal issue. Even thought a patient who does not have the capacity to provide informed consent has legally granted decision-making to family members, this delegation does not compromise their overall human right to autonomy. Surrogates must consider both legal and ethical implications when making health care decisions for others.
Seven key ethical principles guide healthcare professionals in their interactions with residents/patients in long-term care:
Even with these principles, however, situations are not always clear-cut. As the three fictionalized scenarios above illustrate, sometimes ethical principles clash with each other. Ivan’s care partners must weigh his autonomy against nonmaleficence, or their responsibility to protect him from harm. Juanita’s doctors find themselves in a position of either honoring her wishes (autonomy) or providing treatment that may prolong her life (beneficence). Terrence’s doctor may feel that he must choose between veracity and beneficence.
Other complicating factors can include:
Healthcare professionals should respect the autonomy of a resident/patient who possesses the mental capacity to understand health- and treatment- related information to make informed choices about their care. The individual might have expressed their wishes and preferences through an advance care directive, such as a health care power of attorney, living will or DNR order.
If the resident/patient lacks the ability to make decisions and has not expressed their wishes through a legal document such as those mentioned, decisions might fall to a guardian, a surrogate or a healthcare proxy. A physician assessment will determine the individual’s capacity for understanding their condition, treatment options and prognosis. In other cases, a court will determine the individual’s competency, with physician input.
A family member or other guardian may have been granted a healthcare power of attorney (HCPOA) or medical power of attorney (MPOA) to make decisions on the resident/patient’s behalf. In these cases, the principles guiding decision-making are the patient/resident’s best interests, including consideration of the risks and benefits of the proposed treatment; and the substituted judgment standard, based on what the designated agent believes the patient/resident would have wanted.
To prevent conflicts, healthcare professionals should:
When ethical issues do arise, healthcare professionals should keep in mind that there are no absolute answers. They must examine the situation individually, based on the specific details, considering all the relevant information. Such dilemmas often call for a cross-disciplinary discussion involving the patient, when possible, along with family, care staff and possibly ethical and/or legal advisers.
A planned approach such as this will help resolve the dilemma:
One way to prevent conflict is to avoid crossing boundaries by maintaining healthy relationships with residents/patients. Especially with long-term relationships, healthcare professionals and residents/patients develop strong bonds, so it’s important to understand the limits, keeping the relationship professional rather than personal.
Actions that cross boundaries include sharing personal information, failing to see behavior as symptomatic, becoming overly involved or giving preferential treatment, using nicknames or other endearments, getting too physically close, accepting gifts/tips/favors, and engaging in a romantic or sexual relationship.
By maintaining professional boundaries, healthcare professionals can have positive and helpful relationships with residents/patients, communicate realistic and reasonable expectations, avoid stress and potential employment issues, and provide the best possible care.
The information in this blog post is drawn largely from Ethics, Decision-Making and Boundaries in Long-Term Care, our latest presentation in the Brookdale Continuing Education (CE) Series. To learn more about these topics, please join us for this presentation.
To find out more about how Brookdale can partner with you in supporting your patients, reach out to us.