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Human being
refers to those entities who belong to the Homo Sapiens species
person
is a special category that usually has a normative function
Boethius
The individual substance of a rational nature
the concept of a person cannot be reduced or restricted to any particular species.
the distinction between human being and person may lead to the view that an individual human being, depending on their stage of development an health may not be a person or may have ceased to be a person.
positions that can help us accept the distinction between the 2 terms:
Speciesism
to give preference to members of one’s own species because they are members of our own species.
non-person, welfare rights, autonomous rights
Human _________may posses _________ but not a____________.
welfare rights
are concerned about being taken care of, or being provided for
autonomous rights
are concerned about rights regarding marking personal choices and decisions.
John Locke
According to him “the concept of person refers to a thinking intelligent being, that has reason and reflection and can consider itself as itself, the same thinking thing, in different times and places; which it does only by the consciousness which is inseparable form thinking”
Immanuel Kant
He believes that persons are rational agents who can legislate moral laws and autonomously follow such laws; therefore they should not be treated as a mere means for our ends
Peter Singer 1
According to him “A person is a being with awareness of her or his own existence over time and the capacity to have wants and plans for the future.”
Peter Singer 2
According to him “if the fetus does not have the same claim to life as a person, it appears that the new-born baby does not either, and the life of a new-born baby is of less value to it than the life of a pig, a dog, or a chimpanzee is to the nonhuman animal.”
Michael Tooley
According to him, “An individual cannot have a right to continued existence unless there is at least one time at which it possesses the concept of a continuing self or mental substance”
H. Tristam Engelhardt
He argued that persons in the strict sense have moral rights and duties, whereas persons in the social sense only have rights.
strict sense, moral rights and duties
Persons in the __________have ____________ and __________.
social category
Persons as a ___________ only have rights
Richard Joyce 1
This person argued that a human zygote is a person; however it is less developed
Patrick Lee and Robert George
States “persons are particular kinds of physical organisms — a distinct subject with natural capacity to reason and make free choices even though it will take him or her months and even years to actualize the natural capacities to reason and make free choices, natural capacities which are already present from the beginning”
Joel Feinberg
According to him, “In 1930, when he was six years old, Jimmy Carter didn't know it, but he was a potential president of the United States. That gave him no claim then, not even a very weak claim, to give commands to the U.S. Army and Navy.”
Michael Burgess
He mentions active and passive potential
Active potential
The capacity is inherent in the being itself
Passive potential
Depends heavily on external circumstances
Richard Joyce
This person states that ““every living individual being with the natural potential as a whole for knowing, willing desiring and relating to others in a self-reflective way is a person. The human zygote is a living individual with natural potential, as a whole, to act in these ways. Therefore the human zygote is an actual person with great potential.”
Henri Bergson
He suggests the need for an inclusive concept of person that aligns with the dynamic morality of an open society.
Autonomy
patients have the right to make their own decisions about their care, treatment and support.
Self-determination
individuals deserve respect and should live according to their values.
Person, client and service user
These terms frequently used to denote the individual receiving care, support or treatment from heath professionals.
reflects the traditional idea of someone in need of care and more vulnerable than usual (Sellman,2011)
“Patient” avoids the consumeroriented relationships
Two reasons for using the term “Patient”
self, law
Autonomy comes from the Greek word “autos” means?____ and “nomos” means? ________
Autonomia
a term used in ancient Greece to describe a city-state that was self-governing
Immanuel Kant 2
According to him, Autonomy is associated with notions of free will and reason that characterize humanity.
John Mill
He suggests that one’s own liberty or freedom of choice, remains paramount unless his or her choices cause harm to others.
John Mill 2
According to him, “The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant”
self-determination
According to Code of Ethics for Nurses and Midwives in Ireland
Autonomy: __________; a person’s ability to make choices on the basis of their own values.
Tom Beauchamp and James Childress
“At minimum, personal autonomy encompasses self-rule that is free from both controlling interference by others and limitations that prevent meaningful choices”
Donal Dooley and Joan McCarthy
These two Suggest that persuasion is legitimate in patient health care professional relationship but that coercion and manipulation are not.
Irish National Consent Policy
a policy that recognizes an individual’s legal and ethical right to consent to, refuse, treatment in accordance with his personal autonomy.
Protective Responsibility
encompass the sense of professional obligation expressed by healthcare professionals when referring to their moral obligations.
Protective Empowering
to empower patients to become more actively involved in their health
UK code 2015
directs nurses to empower people to share decisions about their treatment and care
Alfred Tauber
He suggests a more humane approach to medicine, emphasizing understanding patients on a psychological and social level
Annemarie Mol
She said that A logic of choice is not consistent with a logic of care and may lead to poor care
Annemarie Mol
She said that, a logic of care is attuned to people who are first and foremost related.
individuals rights
The law internationally respects an _______to autonomy
The United Nations Conventions on Rights of Persons with Disabilities (UNCRPD)
This asserts the specific rights of people with disabilities to have legal capacity on an equal basis with others, and an associated right to make decisions that reflect their personal will and preference.
The Assisted Decision-making Act
Is The legislation reforms the law for people who require assistance, or may require assistance, to make their own decisions. It underlines the presumption of mental capacity and the rights of people to make decisions that others may consider unwise.
checks if patient understands information relating to a decision
is capable of retaining information
can weigh up the associated issues
can communicate decision
Functional assessments of capacity: (4)
UNCRPD
This program states that the healthcare professionals should not rush to capacity assessment in an attempt to force people to comply with what the healthcare team believe is the best course of action.
Moral distress
arises when our actions or the prevailing actions of those around us, do not accord with our moral convictions
Relational Autonomy
an umbrella term for approaches that value the role social relations play in the development and exercise of autonomy.
Gerald Dworkin
According to him, Autonomy is a richer notion than liberty and relates to being more than a passive spectator of one’s desire and feelings.
Negotiated Autonomy
a process to address the tension experienced in healthcare when an individual’s choices conflict with healthcare professionals’ moral intuition and professional obligation to provide safe, evidence-based care. (Ann Greaney)
Openness to negotiation
Respect for Autonomy
Respect for the other story
acceptance of personal responsibility
dialogical practice
FIVE key elements of negotiated autonomy:
Positive risk management
seeks to identify risks and minimize those risks in ways that maximise the potential and priorities of the person involved.
Lonnie Curtin
According to him, the concept of advocacy implied is not the concept implied by the patient rights movement, not the legal concept of advocacy, but a far more fundamental advocacy founded upon the simplest and most basic of premises — our common humanity.
Bertha bandman and Arnold bandman
These two says, The nurse who understand the advocacy role promotes, protects and thereby advocates patient interests and rights in an effort to make them whole and well again.
They also argued that “patient rights need to be protected; nurses have a natural alliance with their patients”
The health care system of “checks and balances” calls for resources, skills and abilities aimed at protecting penitents rights that are not always guaranteed or implemented by physicians. Moreover, nurses, who increasingly show evidence of higher education, quite naturally provide a form of effective advocacy in the delivery of increasingly complex nursing care. Evidence of high-quality nursing judgements in medical centres point to a natural advocacy role for such nurses.
Instead of health professional conflict, there is or ought to be a natural alliance between nurse, patient and physician against ill health and disease. … to Advocate for the client’s need is to be part of the health team working with others for the health of the patient.
David Seedhouse
He distinguished between “the normal sense of advocacy” and the nurse theorist sense of advocacy.
David Seedhouse
He states that “an advocate speaks on behalf of some other person or persons. On this sense, an advocate supports people by taking their side directly. An advocate in the normal sense cannot be impartial. She must take the part of the person for whom she is advocating, If she tries to take a balanced view, or advocates what she thinks, rather than what her client wants, then she is not advocating in the normal sense.
David Seedhouse 2
“The nurse theorist sense of advocacy is considerably broader than the normal one. In contrast to the normal sense, the nurse theorist understanding is that an advocate supports people by providing, or helping them obtain some of their basic human needs. Both the normal and the nurse theorist… agree that advocates support other people, but the nature of this support is different.
Citizens Information Board
Advocacy is a means of empowering people by supporting them to assert their views and claims their entitlements and where necessary representing and negotiating on their behalf.
John Paley
he suggested that we can only come to a reasonable level of clarity regarding what advocacy means if we locate the term within a particular theory.
Legal Theory
Political Theory
Ethical Theory
Nursing Theory
Four types of theories:
When they are vulnerable
When they cannot make informed decisions
When power imbalance threatens autonomy
When professionals disagree on patient’s best interests
When do patients need an advocate? (4)
Patient Rights Protection
Intervention with doctors
Sustained Patient Contact
Coordinating patient care
Holistic patient care
Reasons supporting the idea that nurses should be patient advocates:
Patient rights Protection
Part of the nursing role is to support, sustain and protect patients.
Joanna Latimer
She argues that an important nursing function, as manifest in organizational culture, is to protect the image of modern medicine; even when this is to the detriment of patient care and the exercise of individual patient autonomy.
Mary Colon
She argues that in an effort to maintain the status quo in the unit many nurses do not advocate for adequate pain relief for patients — nor do they consistently administer analgesic medication to ensure optimum pain relief
Intervention with doctors
Doctors do not always behave in a responsible, accountable manner towards patients. The nurse is the most suitable person to bridge the gap between the doctor and the patient.
Quality Care Commision and Francis (2010)
This suggests that nurses may be no more appropriate to function as patient advocates than doctors.
Sustained Patient Contact
nurses, having sustained contact with patients over extended shifts and throughout hospitalization, are believed to understand patients better than other healthcare professionals.
Western Health Board Region of Ireland Begley
… the capacity of the PHN to see the big picture due to their extensive knowledge and experience of care in the community is a critical strength of the role… the PHN is often the first professional the patient encounters in the community and they often look to the nurse “to pull it all together
Coordinating Patient Care
Nurses are positioned to see the full picture of patient care, coordinating interactions with various healthcare professionals
Holistic Patient Care
Advocates emphasize that nurses, with their holistic approach to patient care are uniquely positioned to represent patients’ view effectively.
Limited Power in healthcare hierarchy
Lack of patient choice
Nurses are part of the system
Three common arguments against nurses as advocates:
Limited power in healthcare hierarchy
critics argue that nurses lack sufficient power within the healthcare system to effectively advocate for patients.
Corporate responsibility
helps a company be socially accountable to itself, its stakeholders and the public
Lack of patient choice
patients don’t usually choose their nurses and nurses don’t choose their patients.
Nurses are part of the system
critics claim that nurses being part of the healthcare system, can be contributors to the problems that necessitate patient advocacy.
Paul Allmark and Andrea Klarzynski
Challenged the notion that nurses are, should be, patient advocates
Philippine Board of Nursing Resolution No. 220, Sec. 8-2004
“Registered Nurses are the advocates of the patients; they shall take appropriate steps to safeguard their rights and priviledges.”
Joseph Fletcher
Who wrote the 15 positive characteristics