A* - DESCRIBE A MINIMUM OF TWO ETHICAL DILEMMAS THAT MAY ARISE WHEN BALANCING INDIVIDUALS RIGHTS AND DUTY OF CARE.
All HSC practitioners have a duty of care to safeguard and support the individual they care for. This includes:
- Acting in the best interest of the individuals when carrying out their responsibilities.
- Ensure individuals are not placed in danger and are kept safe from any harm. Any changes in the individuals behaviour which is a concern, such as self-harm, must be reported.
- Always take action to prevent harm to individuals - discuss any risks involved, benefits and drawbacks of the risks
- Only conduct tasks which you are able to do, i.e. have the skills and knowledge to conduct, for example, phlebotomy or moving and handling patients.
If practitioners fail to maintain duty of care, there can be serious consequences. What are the consequences of failing to meet duty of care on individuals?
What is an 'ethical dilemma' then?
Includes a situation in which you have to choose between a practitioners duty of care and the individuals rights.
Within an ethical dilemma both parties are right but the option with the most benefits has to be chosen. For example, if you said to me that I was physically assaulted by my parents yesterday but please do not tell anyone. There is a conflict between my duty of care and your rights, which is confidentiality.
- Confidentiality
Is probably the most common ethical dilemma to occur within the sector.
Confidentiality is key within PCP to allow practitioners to create a relationship and respect the individuals personal information and only share information with others when need be.
Therefore, there may be occasions when it is the practitioners duty of care to share confidential information with others on a need to know basis. So for the example above, there will be certain people that would need to know that you have been harmed and protecting. Although you have asked for confidentiality, it is my duty of care to disclose the information.
To still follow PCP, practitioners must:
Inform the individual that they are disclosing individuals, in some places consent may still be required.
If the individual lacks the capacity and is unable to give consent, ensure their representative is aware.
Check the identity of those who request confidential information and the purpose of their request
Follow the organisation/ employers working ways for confidentiality to ensure you comply with your responsibilities.
2. Managing beliefs and values
An individuals personal values and beliefs can sometimes be in conflict with a practitioners duty of care.
For example, if someone was a heavy smoker, they may believe that they will not be negatively affected as there are other people who are out there that are ill regardless of any bad habits.
In such situations, the individual must be informed of all the risks and still provide them with options and treatments so that they are fully informed.
3. Risk Taking
Although risk taking is essential for PCP and is encouraged to promote independence, it can also cause an ethical dilemma.
For example, If someone with a learning disability wanted to go on a short break down south of the UK after considering all the benefits and drawbacks. As a practitioner you cannot stop them from going as as they have the right to make their own decision, however, it is your duty of care to make sure they are safe. This can be done by supporting them choose places to stay in safe areas, suggest ways to stay safe and recommend tour guides.
4. Rights VS responsibilities
There can be several situations when there is a conflict between the service users rights and the practitioners responsibilities.
For example, someone with dementia may be adamant to go shopping on their own, if they have the capacity to make the decision and it is safe for them to do so, it is their right to do so and be independent. If not, it is the practitioners responsibility to make sure that they are not put in a situation of risk or harm.
