ETHICS

Legal, Ethical & Professional Issues related to Asthma Review

Legal, Ethical & Professional Issues related to Asthma Review

The philosophy of ethics is about the value or quality we place on human action or thought. This is divided into three primary areas: (1) meta-ethics (the definition of ethicality): (2) normative ethics discovering and understanding ethical truths) and (3) applied ethics (what happens when we use ethical knowledge in practice). Ethical philosophies often present an ideology of what we as humans can be: recognition of the inherit dignity and of the equal and inalienable rights of all members of the human family is (lie foundation of freedom, justice and peace in the world'. (Keeley 2008: 757-760)

Ethics requires practitioner to make decisions in light of the principles of reason (not unlike the concept of reasonableness in law), common sense and, dare I say it(NMC, 2006:99). caring. There have been various philosophical theories that have influenced health-care practice not least Immanuel Kant whose views on autonomy are considered mainstream thinking. Kant expounded the powerful ethic of equal freedom, which he considered to be the moral foundation of rights, justice and law. Kant's moral duty to act (similar to the legal duty of care) is based on acting in the interests of others and not to one's own reward. (Meddings 2008: 52-61)

Kant's moral philosophy (Right and Virtue) specifics which moral obligations arc also legal obligations, and which arc enforceable through coercion by others. CMHNs (Community Mental Health Nursing) involved in team decisions (for example. working with the approved social worker), that they do not ethically agree with may have to subjugate their own behest This is par of an internal selective criteria that e all make in order to live with' decisions. (NMC, 2006:99)

Acting in the best interests of others in a way that limits or overrides their decision- making power is known as paternalism. Paternalism erodes individual autonomy but in certain circumstances may be necessary where the individual is unable to make value judgments about their own care, flow do e determine the client's ability to make a value judgment when the values held by clients may at the very least be different from the CMHN because. if nothing else, the client has had different life experiences, let alone mental illness In essence, the CMHNs value judgement on the mental capacity of' another to determine their own decisions has to he made minus the personal values of the CMHN. (Meddings 2008: 52-61)

Besides paternalistic and utilitarian approaches. the four principles of health-care ethics expounded by Beauchamp and Childress (1989) and Gillon (1994) are invaluable when considering MI-IN practice. These are:

1. respect for autonomy = respect autonomy

2. non-malfeasance = avoid harming

3. beneficence = where possible, benefit

4. justice = consider faith the interests of all those affected. (NMC, 2006:99)

Aristotelian influences on CMHN's practice include being punished if you do something knowingly wrong: this suggests a move from the prca1cnt 'blame culture' in health care towards a 'responsibility culture' where clinicians arc not able to hide ...