Essay On Nursing Ethical Dilemma

1060 Words3 Pages

Introduction:

In the healthcare setting, nurses often encounter ethical and moral dilemmas. This assignment presents an ethical dilemma. In this scenario, a patient, Carlos, who is recovering from a gunshot wound, is being discharged home to the care of his sister, Consuela. Carlos is HIV+ and Consuela is unaware of Carlos’ HIV status. Carlos has asked the caregivers in the hospital to not disclose to his sister this diagnosis. The question is whether the nurse should disclose this information to Consuela, and what ethical and moral principles should guide the nurse in making this decision.

Nursing ethics are guided by six ethical principles; beneficence, nonmaleficence, autonomy, justice, veracity, and fidelity (Chitty, 2005, p. 528). The
There is a conflict between Carlos’ right to privacy, and Consuela’s right to know about Carlos’ condition that might be relevant to her safety while providing care for Carlos. The nurse needs to arrange appropriate care for Carlos, minimize any risks to Consuela, and at the same time respect Carlos’ autonomy and right to privacy. Provision 1.4 of the ANA Code of Ethics (ANA 2001, p. 8) describes the obligation of the nurse to respect Carlos’ autonomy in making decisions, and provisions 3.1 and 3.2 (ANA 2001, p. 12) describe the nurses’ role in safeguarding the privacy and confidentiality of the patient. Legally it would be a violation of Carlos’ HIPAA rights to disclose his HIV status to Consuela after his explicit request to not divulge this information (HHS.gov, 2003). The risk of transmission of HIV to Consuela is very low, but still more than zero. Provision 2 of the ANA Code of Ethics states, “The nurse 's primary commitment is to the patient, whether an individual, family, group, or community” (ANA 2001, p. 9), so the nurse may consider Consuela’s rights to be equal with Carlos’ rights. The nurse should not, under the existing circumstances, disclose to Consuela Carlos’ status. However, the nurse still has some things that she can do to advocate on behalf of Consuela before discharging Carlos to her care. These actions will be discussed later in this
Is a compromise available? First of all, the nurse would argue that until Consuela is completely informed, Consuela cannot, in the context of discharge planning, be an eligible caregiver. Consuela cannot give informed consent to care for Carlos because she has not been given all the information necessary to make a properly informed decision. To allow her to take care of Carlos without disclosing his HIV status would be deceitful. Any professional caregiver assigned to care for him would be informed, and would also be adequately trained in standard precautions. Consuela is neither. The nurse should go to the responsible discharge planners and ask that Consuela be removed from the list of eligible caregivers. This would allow Medicaid to revisit the case and perhaps assign an appropriate caregiver. In the absence of a home caregiver, the nurse could argue that Carlos is not, in fact eligible for discharge, and that the safest thing to do would be to allow him to recuperate in the hospital, where he can be guaranteed that he will have appropriate caregivers. At the same time, the nurse should talk with Carlos and continue to encourage him to allow Consuela to be informed of his status. The nurse should not agree to carry out a discharge that allows Consuela to care for Carlos without being informed. To quote Angell from the original case study, “If Carlos insists that his sister not be told, the doctor

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