How to Make Ethical Decisions When Faced With Real World Ambiguities Marna S. Barrett, Ph.D. Department of Psychiatry Support The Thomas Scattergood Behavioral Health Foundation, Philadelphia, PA University of Pennsylvania Dominic Sisti, PhD and the Department of Medical Ethics & Health Policy Mood & Anxiety Disorders Treatment & Research Program Overview Why decision-making Strategies for confronting and resolving ethical dilemmas Application in real world scenarios Ethical Decision-Making Cases Case #1. BPD Matthew, 37 year old male, presents after recently being fired from a job and a history of 10 job losses. He has been off and on social assistance throughout his life due to lack of career goals and interests. Matthew reports that he has been fired for “no reason”- when questioned further it appears that inability to get along with coworkers is the root of the problem. Matthew reports being mistrustful and jealous of his coworkers. He tells you that he is really angry at a former coworker whom he doesn’t name and says he is so angry he could just snap and kill someone. What do you do? Cases Case #2: Trauma Stephanie, 48 year old widowed accountant, has just begun to talk about her husband’s murder (during a household robbery) and how scared, vulnerable, and alone she feels. She tearfully describes the loss of his physical and emotional support---- “He would be comforting me now if this had happened to anyone else.” At the end of session, she wipes her tears away with a tissue and asks you for a hug. Cases Case #3: Depression Alice, is a 45 year old mother of three, who presents a year after her third failed marriage. Despite having been a “stay-at-home” mom, she struggles with her identity. She reports feeling lost and not knowing who she is or what purpose there is in life. Alice reports feelings of chronic emptiness. She has tried a number of antidepressant medications with little symptomatic relief. After a few sessions, she reports wanting to die and is thinking of driving off a bridge with her three children in the car. She is the sole caregiver for her children and has no family support nearby. What do you do? Decision-making What is decision-making? Identifying and choosing alternatives based on values and preferences. Process of sufficiently reducing uncertainty and doubt about alternatives to allow a reasonable choice to be made. Decision-making How is moral decision-making different? Process for dealing with moral uncertainties Introduces a degree of rationality and rigor into our moral deliberations Decision-making Why do we need a model specific to psychiatry? Ethical problems require examination through filters: organizational, personal, social, legal Mental health has unique issues: - authority over others - determine social policy - legal influence Ethical Decision-making Why do I need a model for making ethical decisions? Professional guidelines often fail us The “right” decision is not always clear Most of the ethical dilemmas we face do not come with clear resolutions Organizing Principles Autonomy: right to noninterference, self-determination (confidentiality, treatment options, records) Beneficence: mercy, kindness, charity to others (competent, identify/report abuse & neglect, community service) Nonmaleficence: avoid harm or risk of harm (know limits, keep current, refer, consult) Organizing Principles Justice: benefits, risks, costs distributed fairly (treat fairly, non-prejudicial care, emergency care) Fidelity: faithfulness to duties or obligations (honest, trustworthy, overbilling, waiver of co-payment) Empathy: experience the experience of others Ethical decision-making Ethical Principles inform decisions Ends -based Rule-based or Kantian principle Justice or fairness-based (Aristotle) Care-based principle (i.e., Golden Rule) Virtue-based Ethical decision-making Most dilemmas are not right vs. wrong but right vs. right dilemmas. - It is right to respect autonomy, it is right to prevent harm - It is right to uphold confidentiality, it is right to protect the welfare of others How Good People Make Tough Choices Rushworth M. Kidder, 1995 Ethical decision-making Dilemmas often represent competing moral paradigms ▪ Truth vs. Loyalty duty to paying parents vs. duty to minor patient ▪ Individual vs. Community patient needs vs. family needs ▪ Short-term vs. Long-term goals work demands vs. family demands ▪ Justice vs. Mercy respect for autonomy vs. respect for others How Good People Make Tough Choices Rushworth M. Kidder, 1995 Ethical decision-making Models to guide us in making decisions Standards-based Principle-based Virtues-based Practice-based Ethical decision-making I. Standards-based model Based on the assumption that rules, laws, & policies provide the best basis for determining action. Determine primary dilemma Spell out ethical standards for response Determine if there is a reason to deviate Decide on course of action Ethical decision-making When would following rules be the best choice? What difficulties might arise if we followed rules/policies for all ethical dilemmas? Ethical decision-making II. Principles-based model Clarify ▪ Determine dilemma ▪ Key ethical principles and values involved Evaluate ▪ Any ethical principle violated? ▪ Facts vs. beliefs, theories, opinions ▪ Consider credibility of sources ▪ Weigh benefits, burdens and risks Ethical decision-making II. Principles-based model (cont’d) Decide ▪ Evaluate alternatives & determine consequences ▪ Prioritize ethical principles/values Consider worst case scenario & Apply principles ▪ Implement ▪ Maximize benefits & minimize costs & risks Monitor and modify Ethical decision-making How does the principles-based model improve upon the standards based model? Where does this model fall short in addressing ethical dilemmas in your work? Ethical decision-making III. Virtues-based model Dispositions and habits allow us to act to the highest potential of our character and on behalf of our values. ▪ Virtue ethics asks of any action: What kind of person will I become if I do this? Is this action consistent with my acting at my best? ▪ Use virtues in considering options ▪ Make decision Ethical decision-making How does reliance on virtues improve our decision-making? What difficulties might arise if we followed only our virtues in resolving ethical dilemmas? Ethical decision-making IV. Integrated or practice-based model 1. Recognize there is a dilemma 2. Determine the actor(s) 3. Gather the relevant facts 4. Test for right-versus-wrong issues 5. Test for right-versus-right paradigms Ethical decision-making 6. Determine resolution principles involved ▪ ▪ ▪ ▪ ▪ Ends-based Rule-based or Kantian principle Justice or fairness-based Care-based principle Virtue-based 7. Investigate possibilities for action: “trilemma” 8. Consult 9. Weigh benefits & burdens Ethical decision-making 10. Consider additional dilemmas 11. Make the decision 12. Formulate a justification for the decision ▪ List reasons & arguments ▪ Recognize shortcomings ▪ Anticipate objections ▪ Recognize limitations in perspective 13. Document 14. Review and reflect on decision Ethics in Psychotherapy and Counseling: A Practical Guide (4th edition), Pope & Vasquez, 2011 Conclusions What does your model look like?
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