CHAPTER 39 2. Identify alternate theoretical and case analysis approaches to examining ethical issues in the NICU. 3. Examine the nurse’s role when ethical issues arise in the NICU. 4. Recognize the contribution of hospital ethics committees in exploring and resolving ethical issues in the NICU. Ethical issues are ever present in the NICU. Each technological advance brings ethical questions to the forefront of care. How far can and should the limits of viability be extended? How can we minimize the social, emotional, and financial costs associated with NICU care? Are we providing adequate palliative care in the NICU? These are just a few of the poignant questions that warrant ongoing ethical analysis. Nurses, nurse practitioners, physicians, and other members of the NICU health care team have professional obligations to patients. In this chapter, the emphasis is placed on the obligations and role of the nurse in collaboration with other NICU team members. For nurses and physicians, these obligations are based on the professional codes of practice and means of ethical conduct. For example, the practice of medicine evolved from the founding obligation of Primum non nocere, a Latin phrase meaning “First, do no harm.” This has become a guiding ethical obligation for health care professionals, regardless of their practice setting. Nurses also focus on ethical guidance as established by professional nursing organizations. For the NICU nurse, primary professional guidance is provided through the American Nurses Association (ANA) Code of Ethics for Nurses with Interpretative Statements (ANA, 2001); the ANA Position Statements on Ethics and Human Rights; and the National Association of Neonatal Nurses (NANN) Position Statement on NICU Nurse Involvement in Ethical Decisions (NANN, 2010). These key documents provide the foundation for ethical practice in the NICU. In the NICU, ethical dilemmas arise when ethical principles and well-intended actions compete. For example, when a neonate with overwhelming sepsis and intraventricular hemorrhage begins to exhibit multisystem failure, conflict may arise regarding continuation of the most aggressive technical care measures versus deceleration of those measures to focus on more intensive palliative care. Thus, the ethical dilemma in this situation is avoiding causing harm yet doing good, ensuring that actions taken are in the best interest of this neonate at this point in time. Among the questions that can arise are: What are best-interest actions for the neonate? Who decides what those actions should be? What happens when members of the health care team are in disagreement about the aggressiveness of treatment? What if one or both parents disagree about the best interests of the neonate? Questions such as these and the related ethical issues encountered in the NICU often arise from very complex situations that are best addressed by a team approach. Nurses, physicians, and other members of the NICU health care team need to have a framework for understanding and resolving the ethical issues that arise in the NICU (Callister and Sudia-Robinson, 2011). Although there are many different philosophical perspectives one can use to examine ethical issues, health care professionals need to be able to directly translate those theories to bedside care. Thus this chapter’s discussion of ethical approaches focuses on models from the field of applied ethics. The following sections are designed to assist the bedside caregiver to recognize and examine ethical issues as they arise in the NICU. The most well-known framework for examining biomedical ethical issues was originally developed by Beauchamp and Childress in 1979. Commonly referred to as the Principle Approach or the Principles of Biomedical Ethics, this model provides the health care team with four key principles to examine: beneficence, nonmaleficence, respect for autonomy, and justice. All four principles must be taken into account when examining an ethics case (Beauchamp and Childress, 2013). The principle of beneficence focuses on the act of doing good or performing actions with the intent of benefiting another person (Beauchamp and Childress, 2013). It is an action-based principle; thus there is a requirement to act or perform actions that lead to direct benefit. In accordance with this principle, the health care team must examine their actions and overall plan of care to determine the intended direct benefit for the neonate. An important point to remember is that, as the neonate’s condition changes, an ongoing consideration of beneficence should occur. To illustrate the principle of beneficence in the NICU, consider the case of a neonate who is born extremely premature and with an extremely low birth weight. The parents are in agreement with a plan of aggressive treatment. However, at approximately 4 days of age, the neonate has a grade 4 intraventricular hemorrhage, severely distended abdomen, poor perfusion, and signs of failing organs. The plan of care that was benefiting this neonate several days ago no longer has the same effect. The care measures that have been in place are not having a direct beneficial effect and must be reexamined with the parents. The principle of nonmaleficence obligates health care providers to avoid directly causing harm to a patient. Specifically, the plan of care must avoid causing intentional harm. Using the previous example of a neonate in multisystem decline, the NICU team would need to evaluate the continuing use of aggressive therapies with a neonate who is physiologically progressing through the dying process. The plan of care should not involve measures directly intended to cause the neonate’s death, nor should the care plan cause harm without any direct benefit. The key aspect of this principle resides in the intent of the health care provider’s action. Ethically, health care providers cannot perform actions that are intrinsically wrong for the sole purpose of yielding a positive outcome. This is known as the principle of double effect or the rule of double effect (RDE) (Beauchamp and Childress, 2013). According to Beauchamp and Childress (2013), for an act to be considered morally justifiable under the RDE, the following four conditions must be met: (1) the actual act must be good or morally neutral, (2) the intent must be limited to the good effect, (3) the bad effect cannot serve as the means to the good effect, and (4) the good effect must outweigh the bad effect. The RDE is best illustrated by the administration of increasing amounts of morphine in a dying patient. A nurse administers morphine with the intent of relieving the patient’s pain and in the process the patient’s respirations slow considerably to the point of cessation. The nurse’s intent was not to cause the patient to stop breathing and die. Rather, the nurse’s intent was to ease the patient’s pain. Thus, upon ethical examination of this situation, the conclusion would be that this nurse did not act in a maleficent manner toward the patient. The principle of respect for autonomy emphasizes the right of an individual to make decisions for himself or herself. In health care, this principle is reflected in both the right to make decisions about a treatment plan as well as the right to refuse treatment. When an adult is the patient, the health care team seeks permission for treatment by means of informed consent. True informed consent is an actual process that involves more than obtaining a signature on a form or legal document. During the informed consent process, the patient should be provided with accurate, sufficient, and understandable information. The patient can then weigh the pros and cons of the proposed treatment options and, after adequate consideration, the patient can express an informed decision regarding his or her preferences. In the NICU, parents serve as the legal surrogate decision makers for their neonate. NICU staff can assist parents in their decision-making role by keeping them well informed of the neonate’s condition and by objectively presenting treatment options. Parents’ preferences for care must be reassessed as the neonate’s condition warrants, because their preferences may change in either direction. For example, parents who expressed a desire for very aggressive treatment may later decide that deceleration of care may be in the infant’s best interest. Other parents may decide to continue aggressive care as planned, even though a grim prognosis is present. Regardless, in order for parents to act in their infant’s best interest, they need to be kept informed of all options as well as the likely outcomes of the options. The principle of justice focuses on the fair distribution of the benefits, risks, and costs among members of society in relation to health care needs. In the NICU, questions of justice frequently arise. For example, two mothers are about to give birth to neonates who will require care in the NICU. The births will occur within an hour of each other. One neonate is extremely premature and will have a less than 20% chance of survival. The other neonate will have a 75% chance of survival. If the neonate with only a 20% chance of survival is born first, should he or she occupy the last available NICU bed or should that bed be reserved for the more viable neonate? Questions of justice are difficult to resolve at the bedside. Yet pursuing these questions is an important step in achieving balance in health care. Furthermore, moving toward examining justice from a societal perspective provides an opportunity to develop and refine health policy that will assist in refining hospital policies and further translate back to the bedside. When ethical issues arise in the NICU, the principle approach can assist the health care team to organize its assessment and analysis of the situation. Examining the proposed plan of care with full consideration of benefits and burdens to the neonate can provide insight into competing goals. Fully engaging the parents in the decision-making process as early as possible will assist them in exercising their rights as surrogate decision makers for their neonate. Raising justice-related questions will help clarify how this neonate’s case affects the institution and how related cases affect public policy. However, it is important to remember that all principles should be taken into account and that no one principle is inherently given precedence over the other three principles (Beauchamp and Childress, 2013). In addition to the principle approach to ethical issues, there are many ethical theories and case analysis models. It is beyond the scope of this chapter to adequately address all of these perspectives. However, NICU nurses should be encouraged to further explore these in clinical ethics textbooks. Three of the theories commonly referenced in bioethics are Kantianism, utilitarianism, and liberal individualism. Whereas these theories can assist nurses in examining ethical issues broadly, they do not provide direct guidance for resolving issues at the bedside. Kantianism, or deontology, is an obligation-based theory from the 1700s. This theory requires that individuals act with a sense of obligation, yet does not address how to act when there are conflicting obligations (Beauchamp and Childress, 2013). For example, a father may have a child who needs a kidney donation as well as his own parent who needs a kidney. The father may wish to donate, and may have an obligation to donate. Yet to whom does he owe the greatest obligation? This theory does not directly help resolve such dilemmas. The focus of utilitarianism is on utility, or the maximization of the goodness of an act (Beauchamp and Childress, 2013). According to this theory, the decision maker has to identify the greatest good while balancing the interests of all affected individuals. For example, the health care team may desire to provide aggressive treatment to a neonate who will require a succession of very expensive surgical procedures. The family may be unable to pay for any of the treatment. Under utilitarianism, it may be determined that providing care for this infant would not maximize utility of resource allocation for the community and thus this infant would not receive the costly extensive care that was recommended by the health care team. Although this theory provides a means of examining issues, it was developed in the late 1700s and is not easily adapted to the process of daily NICU decision making. Liberal individualism addresses the rights, both positive and negative, that individuals in our society possess. A positive right requires someone to do something for another individual, such as a health care provider’s duty to treat those in need of immediate care. A negative right keeps individuals from being directly harmed by others. For example, an individual requests that no experimental treatments be performed on him. Without his or her explicit consent, his right cannot be overridden. Apart from ethical theories and principles, a model for analyzing ethical cases was developed and refined for bedside use by Jonsen et al. (2002). Their model provides four components that health care providers should examine for each case: the medical indications, patient preferences, quality of life, and contextual features. Health care providers can begin by summarizing the neonate’s diagnosis and prognosis. The treatment plan, along with the benefits and burdens, would also be discussed. In the NICU, the health care providers would obtain the parents’ preferences for their neonate’s treatment plan. It would be important to ask the parents what their goals are for the infant. In light of the current and/or proposed treatment plan, the NICU team should also ask parents how they view the benefits and burdens for their infant. It is important to elicit parental preferences as well as any other concerns the parents may have. This component of the model provides an opportunity to examine the quality of life from the perspective of the health care team and to relate that to the stated parental preferences. This may require additional conversation with the parents to ensure correct interpretation of their values by the NICU team. The contextual features incorporate a variety of factors, including religious beliefs and practices, financial concerns, family issues, potential conflicts of interest among the care providers or within the institution, and the legal implications of treatment options (Jonsen et al., 2002). The case analysis model can be useful as an initial step in examining or identifying ethical issues in the NICU. It does not provide a directive for decision making, but it illuminates the issues so that further conversation and progressive steps can be taken toward resolution. The NICU nurse plays a critical role in both direct care of the neonate and support for the parents. The nurse can help prevent some ethical issues from arising by engaging the parents in both conversation and care from the time of admission throughout the neonate’s hospitalization. Parents will need help understanding and coping with all of the complex dimensions and implications of their infant’s NICU admission (Sudia-Robinson, 2011b). They will also need nursing support to more actively engage in the care of their neonate (Franck and Axelin, 2013; Skene et al., 2012). In the NICU, nurses along with other members of the health care team have an obligation to keep the parents thoroughly informed of the options for care and the associated risks and benefits (Sudia-Robinson, 2011a; Sudia-Robinson and Freeman, 2000). To adequately involve parents in the decision-making process, health care providers need to move beyond merely imparting information. Parents must have the information but also know how to interpret the information they receive. This has been described in various health care situations as the transparency model (King, 1992). Nurses can assist in this process by incorporating the transparency model into their daily interactions with parents. Telling parents what the neonate’s ventilator settings are or stating the latest blood gas results represents a nurse simply giving information to parents. The problem with this approach is that parents may or may not know how to interpret the information given to them. Information without comprehensive explanation or without the proper context is merely data and does not help parents move toward understanding. However, when a nurse explains what the ventilator settings mean for their particular neonate in relation to the course of the neonate’s disease process, the nurse is actively helping parents to begin to better understand and think about the information they are given by the health care team. Nurses need to remember that sharing knowledge is different from helping with comprehension or understanding. Therefore, when nurses assist parents to understand their neonate’s overall condition, nurses are preparing parents to make more informed decisions for their neonate. Not all parents will want to be fully engaged in the decision-making process for their neonate. Sometimes parental preferences for involvement will change during the course of the neonate’s hospitalization. For example, some parents may be so intimidated by the NICU initially that they may not ask many questions and may agree with whatever is presented to them. As time passes, however, they may begin to ask more questions and move toward desiring to become more involved in daily care. It is important to recognize differences in parental preferences while reassessing parental desire for involvement in daily care and decision making as the neonate’s condition changes. At times the NICU nurse may feel torn between support for the parents and support for the health care team. This can occur when the health care team advocates one plan of care and the parents disagree with the team’s recommendation. For example, the NICU team may recognize that the neonate is in multiorgan system failure and that death is imminent, yet the parents continue to request that aggressive medical intervention continue. The nurse has an obligation to support the team and the parents while ensuring that the infant’s best interests are being met. This is where ethical dilemmas arise, and the nurse may find it helpful to seek ethical consultation. When significant differences in the desired plan of care arise between the parents and NICU team, it can be beneficial to initiate an ethics consultation. In most institutions, a nurse, physician, social worker, other staff, or a parent can request an ethics consultation. The focus of the consultation should be the actual process rather than the outcome. Ethics committee members can sometimes aid in clarifying the issues and various perspectives presented. The process must be respectful of all perspectives and give full consideration of all possible options. The product of an ethics consultation will be a set of recommendations, not a mandate for a particular trajectory of care. The ethics committee can be of assistance to the NICU in situations other than actual case consultation. Hospital ethics committees can serve as important resources about both ethically and legally permissible courses of action that can guide policy development in the NICU. Some ethics committees also prepare educational materials for families to make them aware of the process and how to access committee members (Mitchell and Truog, 2000). Nurses are in a unique position to recognize ethical issues as they arise in the NICU. Understanding key ethical concepts and ethical principles can assist in further understanding and resolution of ethical issues. Supporting parents throughout the process by providing information in an understandable context is imperative for collaborative ethical decision making in the NICU.
Ethical Issues
EXAMINING ETHICAL ISSUES IN THE NICU
PRINCIPLES OF BIOMEDICAL ETHICS
Beneficence
Nonmaleficence
Respect for Autonomy
Justice
Utilization of the Principle Approach in the NICU
OTHER APPROACHES TO ETHICAL ISSUES
Ethical Theories
Kantianism
Utilitarianism
Liberal Individualism
CASE ANALYSIS MODEL
Medical Indications
Patient Preferences
Quality of Life
Contextual Features
THE NURSE’S ROLE IN ETHICAL ISSUES
Adequate Communication With Parents
Supporting the NICU Team
CONSULTING THE HOSPITAL ETHICS COMMITTEE
SUMMARY