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Module 4: Ethical/Legal Issues in Pediatric Palliative Care End-of-Life Nursing Education Consortium Pediatric Palliative Care C C E E N N L L E E C C E E N N L L E E
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C C E E N N L L E E Ethics in Pediatric Palliative Care What ought to be Determining the best course of action Ethical issues are inevitable Societal changes
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Pediatric Palliative Care C C E E N N L L E E Nurses Role in Addressing Ethical Issues Promoting family-centered care Respecting preferences Role models of clinical proficiency, integrity and compassion Balancing competing objectives
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Pediatric Palliative Care C C E E N N L L E E Standards of Professional Nursing Practice ANA Code of Ethics Nurse Practice Act Standards for professional organizations
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Pediatric Palliative Care C C E E N N L L E E Issues of Decision-Making and Communication Capacity Consent Assent Confidentiality
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Pediatric Palliative Care C C E E N N L L E E A Mother's Touch
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Pediatric Palliative Care C C E E N N L L E E Issues of Decision-Making and Communication (cont.) Disclosure Previous belief in not discussing diagnosis Explore reasons for not disclosing The CHILD’S right not to know Hinds et al., 2010
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Pediatric Palliative Care C C E E N N L L E E Ethical Issues in Palliative Care Prolongation of life Curative intent Acute therapeutic care Life sustaining treatments (LST) Jonsen et al., 2006; Prince-Paul & Daly, 2010
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Pediatric Palliative Care C C E E N N L L E E Ethical Issues in Palliative Care (cont.) Withholding/withdrawing of medical interventions Balancing benefits and burdens Withdrawal of treatment is not withdrawal of care
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Pediatric Palliative Care C C E E N N L L E E Ethical Issues in Palliative Care (cont.) Withholding/withdrawing of medical interventions (cont.)
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Pediatric Palliative Care C C E E N N L L E E Ethical Issues in Palliative Care (cont.) Do Not Resuscitation (DNR) Allow Natural Death (AND) Medical Futility
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Pediatric Palliative Care C C E E N N L L E E Ethical Issues in Palliative Care (cont.) Assisted suicide Euthanasia Darr, 2007; Ersek, 2005
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Pediatric Palliative Care C C E E N N L L E E Principle of Double Effect An ethically permissible effect can be allowed, even if the ethically undesirable one will inevitably follow. Jonsen et al., 2010
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Pediatric Palliative Care C C E E N N L L E E Issues of Justice in Palliative Care Provision of quality palliative care Costs of palliative care
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Pediatric Palliative Care C C E E N N L L E E Research In Pediatric Care Is research appropriate? Informed consent National Commission for Protection of Human Subjects
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Pediatric Palliative Care C C E E N N L L E E Facilitating Ethical and Legal Practice The 4 Box Method Quality of Life Patient Preferences Medical Indications Contextual Features Jonsen et al., 2010
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Pediatric Palliative Care C C E E N N L L E E Medical Indications Indications for and against the intervention Reflect the goals of care Common ethical dilemmas
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Pediatric Palliative Care C C E E N N L L E E Child and Family Preferences Principle of respect for persons Autonomy, privacy, veracity Assess child/family understanding
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Pediatric Palliative Care C C E E N N L L E E Advance Care Planning Process of decision-making and communicating about goals of care Nurses role in assessing and interpreting wishes for care POLST Hinds et al., 2010
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Pediatric Palliative Care C C E E N N L L E E Advance Care Planning (cont.) Decreases chance of conflict An ongoing, dynamic process Cultural, ethnic and age related differences
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Pediatric Palliative Care C C E E N N L L E E Advance Care Planning (cont.) Advance Directives—Written method for child and family to plan and communicate choices Less common in pediatrics State statutes differ My Wishes
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Pediatric Palliative Care C C E E N N L L E E Advance Care Planning (cont.) Child Life Specialists Social Workers Hospices
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Pediatric Palliative Care C C E E N N L L E E Authority of Parents Children are deemed legally capable of consent at age 18 Challenge of determining relevance and weight of parental and patient preferences Jonsen et al., 2010
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Pediatric Palliative Care C C E E N N L L E E Standard for Parental Preferences Parents as moral and legal agents Parents evaluation of treatment efficacy or futility Instances of parent and physician conflict Jonsen et al., 2010
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Pediatric Palliative Care C C E E N N L L E E Quality of Life (QOL) Evaluation of prior QOL Expected QOL with and without treatment Common ethical dilemmas addressing QOL Jonsen et al., 2010
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Pediatric Palliative Care C C E E N N L L E E Contextual Features Social, legal, economic and institutional circumstances Common ethical dilemmas Jonsen et al., 2010
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Pediatric Palliative Care C C E E N N L L E E Managing Disagreement Parent – child conflict Minors Legal issues, etc. Field & Behrman, 2003
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Pediatric Palliative Care C C E E N N L L E E Managing Disagreement (cont.) Parent – parent conflict Parent – physician conflict Field & Behrman, 2003
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Pediatric Palliative Care C C E E N N L L E E Parental Insistence on Treatment
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Pediatric Palliative Care C C E E N N L L E E Organizational Ethics & Legal Practices Organizational ethics Ethics committees and consultation Education Policy development Case consultation
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Pediatric Palliative Care C C E E N N L L E E Conclusion Engage in a process of ethical discernment Apply principles of ethics Use ethical process to seek balance in decision-making Advocate for children and families
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Pediatric Palliative Care C C E E N N L L E E Little Sister
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