The three areas that the patient will be put under test to understand the capacity is to make sure that the patient should be able to understand the diagnosis and the information provided by the physician. The patient also should understand the significance of the disease diagnosed and the consequences that may arise of not taking a treatment. The patient can be tested by means of rephrasing by the physician. The patient can be tested on their moral values and the patient can be tested on what is important for them when making decisions.
The patient can be tested for consistency in making decisions. There has been a reference by the court that it is the doctor who has the competence to take a decision whether the patient is competent or not. This can be described in following points(Descriptions of Ethical Theories and Principles) 1. The patient has the ability to understand all the issues that is with diagnosis 2. The patient has the ability to differentiate between moral and immoral issues. 3. The patient is to understand the correct information from morally relevant information 4.
The patient has the ability to research articles and reflect on them 5. The patient is willing to seek advice when needed. 6. The patient has the ability to form unbiased conclusion in any given situation. 7. The patient has the justification to act on it. 8. The patient has the right to challenge the moral framework of one in light of unruly behavior. 9. The patient has been having consistency in moral framework. It is better to have the instruction appear in documentation in patient record, as it is a valid document.
There has been instances in which the community health workers in their urge to help has made a situation by which the empowering people to do or help themselves out may be stifled. All does not follow this. An example is that Peace Corps who have given freedom for the community to seek new ways to help themselves out. The nurses and physicians should avoid situations of treating patients without their consent. Treating patients without giving them all the information is also wrong on the part of nurses and physicians ( Susan) .
Information that is being forced on the patient when they are not interested in receiving it is also wrong on the part of nurses and physicians. Forcing the nurses or physicians to act against their moral values is also wrong. Beneficence The principle behind this is that it is the duty of the physician to help the patient. This has been the foundation principle under which the medical practice has found roots under Hippocrates.The practice is like that the patient will enquire about the disease and will follow the advice given by the physician.
This has been bought into conflict with autonomy in recent times. The example can be said of carrying toxic waste from one community to another community. It can bring good to one community but it can also bring equal damage to the other community. The introduction of Western or modern health techniques to a community that has been following traditional methods also will be debated under this. There will be another conflict in the form of health professionals trying to take immunization program and the persons are against it on basis of religion and that can create conflict.
Non-maleficence The term means to do no harm like the term beneficence. There has been found to be conflict between beneficence and non-maleficence ( Megan ). The reason for this is the risk/benefit analysis that has been used for that. Assume that a patient got injured while using a sharp weapon and the patient should be given an injection of tetanus to make sure that patient is protected. For this a needle has to be inserted and that can cause pain that can be said as violation of non-maleficence.
There can be side effects of this injection also. Here it can be safely inferred that beneficence is ranked above Non-maleficence. This can be said through another example as an industry to an area can bring lot of employment opportunities but can also increase the health risks like decreased appetite, increased eye problems and so on.
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