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Ethical decision-making is a systematic, reasoned process for resolving dilemmas, similar to the nursing process. It does not guarantee a single "right" answer, but it makes the decision defensible, transparent, and respectful of everyone involved.
A general ethical decision-making model (steps as usually taught)
| Document or event | Key point |
|---|---|
| Nuremberg Code (1947) | After Nazi experiments: voluntary consent is absolutely essential; subjects may withdraw |
| Declaration of Helsinki (1964, revised) | World Medical Association; the participant's well-being takes precedence over science; extra protection for those who cannot consent |
| Tuskegee syphilis study (1932–1972) | Black men denied treatment and information — led to US reforms |
| Belmont Report (1979) | Three principles: respect for persons (informed consent), beneficence (risk–benefit), justice (fair selection of subjects) |
| Common Rule (federal policy, 45 CFR 46) | Requires Institutional Review Board (IRB) review and informed consent for federally funded human research; FDA regulations (21 CFR 50 and 56) require IRB review and consent for drug and device trials regardless of funding |
Informed consent for research requires disclosure of purpose, procedures, risks, benefits, alternatives, confidentiality, voluntariness, and the right to withdraw at any time without penalty.
| Issue | Key ethical and legal points (US) |
|---|---|
| Truth-telling and family requests to withhold diagnosis | Clients with capacity have the right to know; explore the family's fears and cultural values, ask the client how much they want to know, and involve the provider. A client may waive the right to information. |
| Withholding or withdrawing life-sustaining treatment | Ethically and legally equivalent; a capable adult (or authorized surrogate) may refuse any treatment, including dialysis, ventilation, and artificial nutrition. The focus shifts to comfort; care is never withdrawn. |
| Do-not-resuscitate (DNR) orders | Apply only to CPR; all other appropriate care continues |
| Palliative sedation and opioids at the end of life | Justified by double effect when the goal is symptom relief and doses are titrated to comfort |
| Medical aid in dying (MAID) | A capable, terminally ill adult self-administers a prescribed lethal medication; legal only in some states and the District of Columbia under strict criteria. Euthanasia (a clinician administers the lethal agent) is illegal throughout the US. The ANA position: nurses must not administer aid-in-dying medication but should remain nonjudgmental and continue compassionate care. |
| Brain death and organ donation | Death by neurologic criteria is legal death in all states (a few states require reasonable accommodation of religious or moral objections). Hospitals must notify the organ procurement organization (OPO) of every death or imminent death; trained OPO staff or designated requesters approach families. The care team caring for the dying client should not pressure the family. |
| Genetics | Confidentiality of genetic results; informed consent before testing; right not to know; incidental findings; the Genetic Information Nondiscrimination Act (GINA, 2008) prohibits genetic discrimination in health insurance and employment (not life or long-term care insurance) |
| Clinical trials | Confirm the participant understood and consented freely; report concerns about inadequate understanding to the investigator and IRB |
| Reproductive issues | State laws on abortion vary widely since 2022. A nurse may object to participating in a procedure but must provide emergency and post-procedure care and never abandon a client. |
| Resource allocation | Crisis standards of care use transparent, clinical criteria (likelihood of benefit), not social worth or ability to pay |
| Neonatal and pediatric decisions | Parents decide using the best-interests standard; consider burdens vs. benefits of aggressive treatment for extremely preterm infants; ethics consultation when disagreement persists |
| Access and cost | Justice concerns when life-saving treatment is available only to those who can pay |
Case 1. The family of a man with terminal cancer asks the nurse not to tell him his prognosis. Correct action: first gather facts and clarify values — ask the family about their concerns and ask the client how much he wants to know; bring the issue to the provider and team. Why: step 2 of the model precedes action; the client with capacity holds the right to information.
Case 2. A client with end-stage kidney disease and full capacity refuses further dialysis. Correct action: confirm the decision is informed and consistent, explore reasons (depression, burden, pain), ensure the provider discusses consequences, and support the decision with palliative care. Why: a capable adult may refuse life-sustaining treatment.
Case 3. A nurse sees a colleague delay needed pain medication repeatedly. Correct action: address it with the colleague if safe, and report to the charge nurse or manager; ensure the client receives analgesia now. Why: advocacy and nonmaleficence take priority over collegial loyalty.
Case 4. A daughter of a woman with advanced dementia wants to sign surgical consent. Correct action: verify the mother lacks capacity and that the daughter has legal authority (agent under a health care power of attorney, guardian, or default surrogate under state law). Why: surrogate consent is valid only with both conditions.
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