Preview

To Disclose or to Not Disclose: Nursing and the Ethics of Nondisclosure in the Dying Patient

Powerful Essays
Open Document
Open Document
1302 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
To Disclose or to Not Disclose: Nursing and the Ethics of Nondisclosure in the Dying Patient
To Disclose or To Not Disclose:
Nursing and the Ethics of Nondisclosure in the Dying Patient
Kally L. Price
Samuel Merritt University

Abstract
In nursing, the practice of nondisclosure is an ethical issue that calls into question the founding principles of trust, integrity, and autonomy in the nurse-patient relationship. Although the decision of nondisclosure to the terminal patient is the physician's, the nurse must follow and support this decision. The right of the patient to have control over their own healthcare information, and their right to know their diagnosis and prognosis and make treatment decisions are supported by the American Hospital Association, The Patient Self Determination Act, which requires education on advanced directives, California's 2008 Terminal Patients’ Right to Know End-of-Life Options Act, and by the practices of obtaining informed consent before any procedure/surgery (Cochella & Pederson, 2003, Krisman-Scott, 2000). The dying patient deserves the right to know their condition so they can make preparations (financial, spiritual and personal and interpersonal) for death and make appropriate treatment decisions.

To Disclose or To Not Disclose: Nursing and the Ethics of Nondisclosure in the Dying Patient
i. Introduction In medical practice, disclosure refers to the physician's act of revealing a diagnosis, treatment options, risks, and prognosis to the patient. Therapeutic nondisclosure (sometimes called therapeutic privilege) is the act of a physician withholding a diagnosis or prognosis because the patient is perceived to be psychologically or emotionally incapable of coping with the news. Therapeutic nondisclosure can also refer to the withholding of a diagnosis or prognosis for other reasons, such as familial request, which often involves cultural considerations. (Goldberg, McCabe, Wood, 2009) In Oken's 1961 study of 218 physicians, 90% did not disclose cancer diagnoses to patients. The ethical



References: American Nurses Association. (2001). Code of ethics for nurses with interpretive statements. Retrieved June 29, 2010, from http://nursingworld.org/ethics/code/protected_nwcoe629.htm Cochella, S. E. W., & Pedersen, D. M. (2003). Negotiating a request for nondisclosure. American Family Physician, 67(1), 209-211. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=mnh&AN=12537182&site=ehost-live Goldberg, R. M., McCabe, M. S., & Wood, W. A. Commentary: Disclosure in Oncology—To whom does the truth belong? Oncologist, 14, 77 - 82. Hallenbeck, J., & Arnold, R. (2007). A request for nondisclosure: Don 't tell mother. Journal of Clinical Oncology, 25(31), 5030-5034. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=rzh&AN=2009747802&site=ehost-live Jones, J. M. U.S. clergy, bankers see new lows in Honesty/Ethics ratings. http://www.gallup.com/poll/124628/Clergy-Bankers-New-Lows-Honesty-Ethics-Ratings.aspx Krisman-Scott, M. A. (2000). An historical analysis of disclosure of terminal status. Journal of Nursing Scholarship, 32(1), 47-52. doi:10.1111/j.1547-5069.2000.00047.x Morrow, A. California 's terminal patients’ right to know end-of-life options act: A patient 's right to know. Retrieved June 29, 2010, from http://dying.about.com/od/ethicsandchoices/a/AB_2474_CA.htm

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Rlt2 Task 4

    • 3059 Words
    • 13 Pages

    ''A physician owes to his patient the duty to disclose in a reasonable manner all significant medical information that the physician possesses that is material to an intelligent decision by the patient whether to undergo a procedure ''. Marvin V Lowney, 401 Mass. 1006 (1988).…

    • 3059 Words
    • 13 Pages
    Satisfactory Essays
  • Good Essays

    Part of this is an expectation of the medical community itself. Physicians are trained to perform at the highest level of competence and there is ridicule and disdain placed on individuals when they make errors. According to Villa, (2006) One study identified the "culture of medicine" as a major factor in shaping attitudes toward disclosure. We train physician not to discuss medical errors. In our society, however, there is also an increasing pressure placed externally on the health Profession as a results of malpractice and litigation.…

    • 807 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Advance directives allow a person to state their preferences regarding medical care in advance. This legal document lets health care professionals know the end of life actions to take regarding health care. The patient may have an illness in which death is inevitable. This document encompasses utilizing treatment to prolong life such as a ventilator, unnatural nutrition and hydration, providing comfort care, DNR orders, and an option to be an organ or tissue donor. These wishes detailed out in the document must be respected and followed.…

    • 252 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In essence, the physician 's duty to maintain confidentiality means that a physician may not disclose any medical information revealed by a patient or discovered by a physician in connection with the treatment of a patient. In general, AMA 's Code of Medical Ethics states that the information disclosed to a physician during the course of the patient-physician relationship is confidential to the utmost degree. As explained by the AMA 's Council on Ethical and Judicial Affairs, the purpose of a physician 's ethical duty to maintain patient confidentiality is to allow the patient to feel free to make a full and frank disclosure of information to the physician with the knowledge that the physician will protect the confidential nature of the information disclosed. Full disclosure enables the physician to diagnose conditions properly and to treat the patient appropriately. In return for the patient 's honesty, the physician generally should not reveal confidential communications or information without the patient 's express consent unless required to disclose the information by law. There are exceptions to the rule, such as where a patient threatens bodily harm to himself or herself or to another person (AMA,…

    • 1433 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    The team should be knowledgeable to give proactive care, understand the patient's preferences and forgive conflicts. The process of truth telling in advanced cancer or any other terminal illness can be a difficult task. Whenever a patient is too moribund and not in a suitable mental stage, the family carers are required to give informed consent. The doctor and nurse in the palliative care team have to build the communication with a responsible family carer so that confidentiality and dignity for patient's last stage are maintained.[1,2] Communication is meant to deal with ethical questions regarding two fundamental aspects of Palliative Care: To explain the concept of a good death and to resolve the conflicting needs of patient vis-à-vis family.[8]…

    • 183 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    This report will examine the ethical conundrum of patient confidentiality vs. a doctor’s duty to warn a patient of a potential health risk (see Appendix one for scenario). Primarily, this report will argue that patient confidentiality cannot be overruled, as there is not adequate legal or ethical reasoning to do so and as such, Jane’s doctor should not inform her children of their potential mutated gene.…

    • 2057 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    Confidentiality is central of trust in the doctor-patient relationship. Doctors diagnose and treat sickness based on information given to them by the patient in confidence. Confidentiality is a main condition which allows patients to communicate their symptoms, experience, beliefs, concerns and expectations about their disease and their treatment. Confidentiality is essential to safeguard a patient’s dignity, respect, privacy and autonomy and extends after death. The safeguarding of patient confidentiality is a main principle of medical ethics which dates back to the Hippocratic Oath. Confidentiality is both a patient’s right and a doctor’s duty.…

    • 98 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Advanced Directives

    • 2140 Words
    • 9 Pages

    Gardner, D. B. (2012). Quality in Life and Death: Can We Have the Conversations?. Nursing Economic$, 30(4), 224-227. Retrieved from http://search.ebscohost.com.proxy.itt-tech.edu/login.aspx?direct=true&db=rzh&AN=2011657131&site=ehost-live&scope=site…

    • 2140 Words
    • 9 Pages
    Better Essays
  • Better Essays

    Who has the right to decide when to end life sustaining measures? Is it the individual, the health care provider, or the government? This has been an ongoing debate for many decades in the healthcare field. Advanced directives were suppose to be the simple solution to this dilemma. However, this simple solution has become very complicated and has evolved over the years. According to Watson et al. (2010) end-of-life care highlights the following issues: competency, persistent vegetative state, living wills, best interest standards. Oftentimes people, including nurses have a difficult time speaking about end-of-life care. Advanced directives should be a legal document that allows a person to decide their wishes about…

    • 1334 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Physician Assisted Death

    • 2942 Words
    • 12 Pages

    Many of us have felt the pain of watching a loved one’s life slowly diminish in a hospital bed. Today, modern medicine and doctors can only go so far to care for terminally ill patients. Even with the knowledge of this country’s best medicine and most extraordinary doctors, many of the terminally ill suffer persistently; they become unhappy, and some are not able to fend for themselves in ways healthy individuals find to be easy and are able to do. The simple every day actions begin to be tremendous struggles such as eating, moving, and even communicating. In extreme cases, terminally ill patients may no longer find the will or strength to move forward. Physician-assisted death can be constructed to have reasonable laws, which still protect against its abuse and the value of human life, easing the patients suffering when nearing the end of their life. Physician-assisted death is ethical and is a compassionate response to unbearable suffering. Physicians should be required by law to help terminally ill patients, with no hope, which have a strong desire to end their lives.…

    • 2942 Words
    • 12 Pages
    Better Essays
  • Good Essays

    End Of Life Care

    • 482 Words
    • 2 Pages

    In the article, Legal Aspects of End of Life Care, author, Nurse Claire M. McGowan, explains that when performing the role of a critical care nurse acting as the advocate for the patient, his/her family, and significant others, it is essential that the nurse has an understanding of legal implications associated with end of life care. McGowan goes on to provide information on the legal principles involved in end-of-life care, specifically addressing: limitations in treatment, assessing capacity and using surrogate decision makers and medical futility.…

    • 482 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Contrary to what many physicians have thought in the past, a number of studies have demonstrated that patients do want their physicians to tell them the truth about diagnosis, prognosis, and therapy. For instance, 90% of patients surveyed said they would want to be told of a diagnosis of cancer or Alzheimer's disease. Similarly, a number of studies of physician attitudes reveal support for truthful disclosure. For example, whereas in 1961 only 10% of physicians surveyed believed it was correct to tell a patient of a fatal cancer diagnosis, by 1979 97% felt that such disclosure was correct. A specific culture should not change the situation in any medical view. Patients no matter what their background deserve the truth in knowing and understanding their physical health. Most patients rely on physicians to provide medical health information, especially when they know that something is not…

    • 555 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Advance Nursing Ethics Wgu

    • 2682 Words
    • 11 Pages

    Osborn, K., Watson, A. & Wraa, C. (2009). Ethical and Legal Guidelines for Nursing Practice.…

    • 2682 Words
    • 11 Pages
    Best Essays
  • Better Essays

    Decision Making In Nursing

    • 1052 Words
    • 5 Pages

    Physicians make decisions every day while dealing with their patients. When physicians see a patient, they must decide what to test for, what medication to give, and even predict prognosis. When a physician has a patient with a serious illness, they carefully decide how to tell the patient their diagnosis. Physicians must be able to make decisions of when to tell the patient what the outcome could be. Some of the decisions the physicians have to make could be very complicating to them. Decision making for a physician having to tell a patient of a detrimental prognosis is heart breaking. I don’t know if I would be able to tell a patient…

    • 1052 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Physicians are expected to serve their patients in a variety of different ways. The first way is to apply their talents to respectfully assist the sick. Physicians are to treat cases with great detail and to keep records of that detail. However, they are not to share that information unless required to do so, complete confidentiality should be upheld. When meeting with a patient, the medical provider is to defend the patient’s spirit by only revealing necessary information, yet providing timely notice of danger when it is confirmed. Sometimes, visits and advice should be denied. For if they are unnecessary, yet still provided, anxiety could be created within the patient and the physician could be accused of having ulterior motives. Visits to patients who seem to be incurable should not be considered unnecessary, though. Physicians should continue to treat these patients, to…

    • 1071 Words
    • 5 Pages
    Good Essays

Related Topics