Legal and ethical issues in care of older adults

Author(s):  
Reijo Tilvis

Widely accepted ethical principles are taken into account in several international declarations and recommendations, but national legislations of care for old people are characterized by wide diversity. Ethical considerations go further than pure clinical assessments and include all consequences of starting and/or withholding of cure and care. The oldest Hippocratic principles—beneficence (doing good) and non-maleficence (not harming)—are obligations of physicians to act in the best interest of the patients. Autonomy, the existence and feeling of freedom of choice and self-governance, has replaced paternalism, and is cherished in Western culture. Sufficient information and capacity of the patient are preconditions for giving informed consent before any treatment is undertaken. In cases of lacking capacity, the healthcare providers must consult family members or other proxy persons to find out what the patient’s wish might have been. Advanced statements of wishes or advanced directives can help to avoid surrogate decisions.

1985 ◽  
Vol 13 (2) ◽  
pp. 50-60 ◽  
Author(s):  
James H. Bray ◽  
Juneau N. Shepherd ◽  
J. Ray Hays

2021 ◽  
pp. 147775092110341
Author(s):  
Mojtaba Vaismoradi ◽  
Cathrine Fredriksen Moe ◽  
M Flores Vizcaya-Moreno ◽  
Piret Paal

The administration of pro re nata medications is the responsibility of the nurse. However, ethical uncertainties often happen due to the inability of incapacitated patients to collaborate with the nurse in the process of decision making for pro re nata medication administration. There is a lack of integrative knowledge and insufficient understanding regarding ethical considerations surrounding the administration of pro re nata medications to incapacitated patients. Therefore, they have been discussed in this paper and practical strategies to avoid unethical practices have been suggested. The complicated caring situation surrounding the administration of pro re nata medications is intertwined with ethical issues affecting the consideration of the patient's wishes and interventions that override them. The patient's right of autonomy and treatment refusal, surrogacy role, paternalism, and coercion are the main ethos of ethical pro re nata medication administration. Education and training can help nurses avoid legal and ethical issues in pro re nata medicines management and improve the quality and safety of healthcare. Empirical research is needed to improve our understanding of this phenomenon in the multidisciplinary environment of medicines management.


2015 ◽  
Vol 23 (4) ◽  
pp. 455-464 ◽  
Author(s):  
Christine Øye ◽  
Nelli Øvre Sørensen ◽  
Stinne Glasdam

Background: The increase in medical ethical regulations and bureaucracy handled by institutional review boards and healthcare institutions puts the researchers using qualitative methods in a challenging position. Method: Based on three different cases from three different research studies, the article explores and discusses research ethical dilemmas. Objectives and ethical considerations: First, and especially, the article addresses the challenges for gatekeepers who influence the informant’s decisions to participate in research. Second, the article addresses the challenges in following research ethical guidelines related to informed consent and doing no harm. Third, the article argues for the importance of having research ethical guidelines and review boards to question and discuss the possible ethical dilemmas that occur in qualitative research. Discussion and conclusion: Research ethics must be understood in qualitative research as relational, situational, and emerging. That is, that focus on ethical issues and dilemmas has to be paid attention on the spot and not only at the desktop.


1980 ◽  
Vol 14 (1) ◽  
pp. 40-43
Author(s):  
Dev S. Pathak ◽  
Thomas S. Foster ◽  
Cynthia L. Raehl

The continued growth of hospital and clinical pharmacy should be paralleled by the development of sound research methods justifying innovative practices. Such research will, on occasion, require experimentation involving human subjects. The principal means of assuring that the welfare of research participants is not compromised is through the procurement of effective informed consent. Pharmacists, like many other health professionals, have had relatively little exposure to methodology involved in the writing of an informed consent instrument. A comprehensive document must not only conform to the requirements of federal regulatory agencies, but must also satisfy various institutional guidelines. Past instances of unethical human experimentation are discussed, and a format for preparation of an informed consent instrument is examined. Circumstances requiring informed consent and identification of the basic elements of consent are also explained.


2016 ◽  
Vol 34 (1) ◽  
pp. 155-181 ◽  
Author(s):  
Jane Chung ◽  
George Demiris ◽  
Hilaire J. Thompson

Problem: With the wide adoption and use of smart home applications, there is a need for examining ethical issues regarding smart home use at the intersection of aging, technology, and home environment. Purpose: The purpose of this review is to provide an overview of ethical considerations and the evidence on these ethical issues based on an integrative literature review with regard to the utilization of smart home technologies by older adults and their family members. Review Design and Methods: We conducted an integrative literature review of the scientific literature from indexed databases (e. g., MEDLINE, CINAHL, and PsycINFO). The framework guiding this review is derived from previous work on ethical considerations related to telehealth use for older adults and smart homes for palliative care. Key ethical issues of the framework include privacy, informed consent, autonomy, obtrusiveness, equal access, reduction in human touch, and usability. Results: Six hundred and thirty-five candidate articles were identified between the years 1990 and 2014. Sixteen articles were included in the review. Privacy and obtrusiveness issues appear to be the most important factors that can affect smart home technology adoption. In addition, this article recommends that stigmatization and reliability and maintenance of the system are additional factors to consider. Implications: When smart home technology is used appropriately, it has the potential to improve quality of life and maintain safety among older adults, ultimately supporting the desire of older adults for aging in place. The ability to respond to potential ethical concerns will be critical to the future development and application of smart home technologies that aim to enhance safety and independence.


Author(s):  
David L. Streiner ◽  
Geoffrey R. Norman ◽  
John Cairney

Although studies of the psychometric properties of scales do not have the same ethical challenges as those involving interventions, there are still areas that researchers need to be sensitive to. These include issues such as informed consent, especially with vulnerable populations, and deception. This chapter also discusses confidentiality, and when this can be breached for legal reasons. It also returns to the issue of consequential validity and the ethical issues that may arise when minority or disadvantaged groups attain scores that are different from those of the majority population. This chapter discusses these and other ethical problems that may arise within the context of developing and validating scales.


2019 ◽  
Vol 3 (Supplement_1) ◽  
pp. S238-S238
Author(s):  
Kelly Niles-Yokum

Abstract This session focuses on ethical considerations in the context of long-term services and supports (LTSS) for vulnerable older adults. Long-term supports for vulnerable older adults can no longer adhere to a “one-sized fits all” solution. We will explore the intersection of vulnerability, old age, and community which present a myriad of ethical issues in both the planning and delivery of supports for older adults. The quest for a just society goes beyond understanding and considering the critical issues of the vulnerability of older adults in our society in that this pursuit provides a pathway to develop and implement programs and services that allow all of us the opportunity to live in a world that both protects and can provide the opportunity for self determination and dignity.


2018 ◽  
Vol 28 (7-8) ◽  
pp. 184-187
Author(s):  
Daniel Morgan

The legal and ethical issues surrounding the care of children and young people in the perioperative setting are often vague and an anaesthetic practitioner could find themselves inadequately prepared for any issues that may arise. This paper details the case of an adolescent who withdrew her consent to surgery whilst in the anaesthetic room. It raises questions about Gillick Competency and whether the use of restraint is ever justified.


2009 ◽  
Vol 14 (1) ◽  
pp. 36-50
Author(s):  
Leonard F. Vernon ◽  
Christopher Kent

This article traces the historical and philosophical roots of the provaccination and anti-vaccination movements through to the present day, with a focus on the role of chiropractic within those movements. Political, legal, and scientific issues are considered. Attempts to portray the anti-vaccination chiropractors as unscientific extremists, by both orthodox medicine and from within the chiropractic community itself, clouds the informed consent and freedom of choice aspect relating to health care that they espouse, and scapegoats the so-called extremists rather than facing the ethical issues surrounding fully informed consent. The authors conclude that would-be medical ethicists promote their own political agendas that aid profit before safety and breed distrust within the community that is meant to be served in a balanced and ethical manner.


Sign in / Sign up

Export Citation Format

Share Document