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Deirdre Hyland
Royal College of Surgeons in Ireland
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Deirdre Hyland
Key words: advocacy; nursing practice; patient autonomy; role of the nurse
The purpose of this article is to examine whether patient/client autonomy is always com-
patible with the nurse’s role of advocacy. The author looks separately at the concepts of
autonomy and advocacy, and considers them in relation to the reality of clinical practice
from professional, ethical and legal perspectives.
Considerable ambiguity is found regarding the legitimacy of claims of a unique
function for nurses to act as patient advocates. To act as an advocate may put nurses at
personal and professional risk. It may also be deemed arrogant and insulting to other
health care professionals. Patient autonomy can be seen as a subcategory of the right of
every individual to self-determination, and as such is protected by law. However, it is
questionable whether the traditionally paternalistic approach to health care provision
truly respects the autonomous rights of each patient.
The author considers examples and cases from the literature that resulted in profes-
sional and/or personal difficulties for the nurses involved, and also reflects on an incident
from her own practice where a positive outcome was achieved that demonstrated com-
patibility between the concepts under consideration.
Introduction
The concepts of patient/client autonomy and patient advocacy have featured
prominently in the nursing literature during the past two decades, but there is
still no clear consensus as to the meaning of either concept, and on whether they
have been incorporated into nursing practice. The compatibility of patient/client
autonomy with nurses’ proclaimed role as patient advocates is questionable. Can
one fully acknowledge the patient’s right to self-determination while also claiming
the role of advocate? Do nurses, in fact, have any right to assume a unique
position as a patient advocate among a multitude of health care professionals? In
Address for correspondence: Deirdre Hyland, 48 Burrowfield Road, Sutton, Dublin 13, Republic
of Ireland. E-mail: dhyland@stjames.ie
Advocacy
The term ‘advocate’ has its roots in the legal profession. It is derived from the
Latin advocatus, meaning ‘one summoned’ or ‘called in’ to plead the cause of
another before a tribunal or court.2 The idea of an advocate as the defender or
promoter of patients’ rights is a common theme in nursing literature. 3 According
to Bird4 ‘it involves pleading the cause of one’s client: the intercession for, or the
defence of, someone. It means defending someone even if they are wrong, and
are known to be wrong’.
Such a strict interpretation of advocacy has frightening implications for nurses,
should it be incorporated into their professional role. However, interpretation
seems to have been amended to suit the needs of the profession. According to
Melia, 5 support for patient advocacy developed from obvious efforts to carve out
an area on which nursing ethics could focus. Like other nursing theories, such as
models of nursing and primary nursing, the idea that nurses have a unique
function as advocates for patients was first mooted in the USA.6 Nurse theorists
appear to have seized on the notion of advocacy to add weight to the argument
for professionalization. However, Willard 3 believes that the advocacy debate
detracts rather than contributes to meaningful discussion concerning the value of
nursing and its importance in patient care.
Examining various definitions of advocacy in the nursing literature, Webb7 con-
cluded that the nurse advocate was expected to ensure that:
Patients had enough information to exercise autonomy;
Their legal and moral rights were respected;
Health care resources allowed appropriate quality and quantity of care.
According to Leddy and Pepper,8 nurses express the advocacy role by creating
an atmosphere that is open and supportive of the individual patient’s decision
concerning care. These definitions certainly appear to be compatible with the
notion of patient autonomy, but do little to recognize the professional knowledge
and judgement of nurses, which may not be in accordance with the patient’s
wishes. Should a nurse caring for a diabetic patient advocate for his or her right
to eat whatever he or she wants, regardless of the consequences, or should the
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474 D Hyland
nurse endeavour to ensure that the patient complies with dietary restrictions? In
such a situation there is obvious conflict between the nurse’s duty of care and the
advocacy role, particularly if one accepts that the nurse should promote the
patient’s right to exercise autonomy, even while disagreeing with the patient’s
choice.
The obligation of nurses to be patient advocates is enshrined in the American
Nurses Association code of ethics,9 and in British10 and Australian codes of pro-
fessional practice. 9 The Irish code of professional conduct11 does not attempt to
impose a formal role of patient advocate on the nurse, but states that: ‘Any cir-
cumstances which could place patients/clients in jeopardy or which mitigate
against safe standards of practice should be made known to appropriate author-
ities’. That said, the recent Irish scope of practice document12 states that ‘the ther-
apeutic relationship between the nurse and the patient/client . . . serves to
empower the patient/client to make life choices’, and that, ‘Nursing practice
involves advocacy for the individual patient/client and for his/her family. It also
involves advocacy on behalf of nursing within the organizational and manage-
ment structures within which it is delivered’ (p. 29).12
One of the main arguments in support of the ‘nurse as advocate’ debate is the
premise that nurses are afforded intimate and prolonged access to patients
compared with other health professions and thus have some idea of what life is
like for patients. 5,9 Melia 5 qualifies this by admitting that such a vantage point
should not be overstated: ‘only the patient knows the patient’s view’. The sug-
gestion is made that ‘the nurse is best placed to act as advocate due to her twenty-
four hour presence in the clinical area’.13 However, this implication of a collective
consciousness is unrealistic. In today’s clinical setting, nurses’ autonomy and dis-
cretion in establishing reciprocal relationships with patients are constrained by
workload and discontinuity of care.14 Although an individual nurse may form a
particular bond with a patient, and gain intimate insight into his or her psyche,
it cannot be assumed that such links recur within each nurse–patient relationship.
Most nurses work shifts of varying length. Difficulties in recruitment and reten-
tion of nursing staff have led to increasing flexibility of staff rostering to accom-
modate individual needs. In the clinical area one of the greatest difficulties facing
nurse managers is to ensure effective communication in order to maximize con-
tinuity of care. Although this does not mean that nurses may not act as patient
advocates, it does suggest that they are not uniquely placed for the role.
Alternative models of advocacy include specially appointed independent
counsellors, voluntary groups, hospital administrators, chaplains, social workers
and family members.6,7,15
Claims that advocacy is a ‘unique function’ of the nurse could be seen as insult-
ing to other health care professions, who are also bound by professional codes of
conduct. Melia 5 contends that the assumption of an advocacy role for nurses
implies that doctors do not care and thus place patients in need of an advocate.
It also suggests that other health care professionals, and indeed, the system, are
working against the patient’s best interest. Can nurses be sufficiently removed
from the organization and from the ideologies of nursing, as well as from those
of health care in general, to make and plead a patient’s case as an advocate would
have to do?5
Bird4 considers that to claim that patients need advocates suggests that the
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The relationship between patient autonomy and patient advocacy 475
whole fabric of decision making is unsound. She advises that ‘if the multidisci-
plinary team exercise their responsibility and accountability in acting in the best
interests of the patient in carrying out their duty of care and to avoid harm – then
advocacy is not necessary’. Similarly, Mallik 6 states that, as all health care pro-
fessionals are expected to give quality care to their clients, no single group should
need to act as watchdog for another.
In my clinical area, the needs of patients are met by a wide variety of multi-
disciplinary team members, including doctors, nurses, clinical nutritionists, social
workers, speech therapists, and physiotherapists. Through their interaction with
patients, any team member may gain knowledge that may influence the course
of patient care. The multidisciplinary team meets weekly to discuss patient-related
issues, and all contributions are equally valued. An interesting development has
been the inclusion of specialist nurses and cancer co-ordinators within the health
care team. The appointment of specialist nurses, who have their own client case-
load, could indicate a significant shift in the professionalization of the advocacy
role for nurses.6
It has also been contended that the assumption of an advocacy role actually
takes power away from the patients. 4 Bird4 believes that nurses help patients to
assert control over the factors affecting their lives. She considers the nurses’ role
is a complex one of empowerment rather than advocacy. Martin 16 endorses this
but states that, for empowerment to exist, nurses need both a managerial struc-
ture and an educational process that supports and encourages the development
of the essential attributes necessary to facilitate the empowerment of patients.
There is still significant evidence that nurses are themselves an oppressed group
and lack autonomy. In order to empower others, nurses must first learn to
confront sources of oppression and become empowered themselves.17
The legal situation regarding patient advocacy is vague at best. Although the
literature supports the ‘advocacy rhetoric’, its achievement in practice can demand
that nurses take considerable personal and professional risk.18,19 Mallik 6 advises
that, if patient advocacy involves heroic action, nurses may not always be able to
fulfil the role.
In Ireland, a ward of court case20 demonstrated a divergence between medical
law and medical ethics, and led Cusack21 to conclude that what is lawful and
what is ethical in accordance with medical and nursing guidelines are not auto-
matically synonymous.
The ward of court case concerned a woman who had been in a near persistent
vegetative state (PVS) for over 20 years after a catastrophic medical accident.21
The guardian appointed by the courts (in this case the ward’s mother) made appli-
cation to the courts for the removal of the gastrostomy tube that was providing
the patient’s only source of hydration and nutrition. Medical and nursing staff
caring for the patient were vehemently opposed to the withdrawal of the tube.22
However, applying a modified ‘best interests’23 test, the Supreme Court declared
that the withdrawal of medical treatment in a patient with near PVS was lawful.
This was based on the finding that, under article 40 of the Constitution, the ward’s
right to bodily integrity and privacy (including self-determination), and the right
to refuse medical treatment, must be respected.
Responding to the decision of the Supreme Court, An Bord Altranais24
stated that, in this specific case, ‘a nurse may not participate in the withdrawal
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476 D Hyland
Autonomy
Autonomy is one of the moral principles commonly mentioned in bioethical dis-
cussions, the others being nonmaleficence, beneficence, and justice.15
Etymologically, the term ‘autonomy’ is derived from the Greek autos, meaning
self, and nomos, meaning rule, governance or law. To be autonomous means to be
in control of one’s life. McParland et al.26 define self-determination as ‘the ability
to understand one’s own situation, to deliberate, to make plans and choices, and
to pursue personal goals’. The code of professional conduct for Irish nurses11
directs that ‘it is necessary for patients to have appropriate information for making
an informed judgement. Every effort should be made to ensure that patients
understand the nature and purpose of their care and treatment.’
According to Tomkin and Hanafin, 27 the idea of consent appears to express the
law’s respect for the autonomy of the individual. The law requires that a doctor
can treat a patient only if he or she has consented to treatment, unless the patient,
by age or incapacity, is unable to give consent, or in exceptional emergency situ-
ations. In Ireland, a doctor must disclose to a patient (or the patient’s parent or
guardian) information about the patient’s condition, the effects of treatment
(including side-effects) and also, where appropriate, alternative forms of treat-
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The relationship between patient autonomy and patient advocacy 477
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478 D Hyland
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The relationship between patient autonomy and patient advocacy 479
did not wish to have surgery. His only wish was to have a pain-free death, with
his family present. To relieve his airway distress, a tracheostomy was performed,
but Tim refused to have a gastrostomy tube inserted. He was very open in express-
ing gratitude to the staff and his family for any attentions given. When offered a
private room, his answer was: ‘Aren’t I fine here, what more could I want?’
When it was evident that Tim’s condition was deteriorating, and that no further
intervention was possible, the medical team proposed to send Tim back to the
regional centre from where he had been referred. Tim’s family became extremely
upset when they heard this, owing to the bond of trust that had been established
between the patient and the staff. In addition, the nursing staff believed that Tim’s
condition was deteriorating rapidly, and that he may indeed die during the
transfer. Nursing staff used the forum of the multidisciplinary meeting to
advocate that the patient be allowed to stay in the ward. This was agreed, and
Tim died peacefully two days later, surrounded by his family.
Although there may be disagreement about whether patient autonomy and
advocacy are always compatible, this example indicates that there are occasions
when they are, and that advocacy need not always be adversarial. One of the
main factors contributing to Tim’s ability to exercise autonomy was the open and
honest approach to information-giving within the unit, which is part of the ethos
of care.
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480 D Hyland
may ask nurses questions that they are afraid to put to the doctor. This may
produce an ethical dilemma for nurses, because they must decide whether to
divulge information that may have been withheld, either unconsciously or delib-
erately, or about which they may not have the necessary knowledge to explain.
This represents another situation where nurses could assume an advocacy
role and make representation to the medical team on behalf of patients.
Johnstone15 warns that nurses should be aware that, by giving additional infor-
mation to patients, they may be taking a risk because this could be construed as
interfering with the physician–patient relationship. It may also place their career
in jeopardy, as was illustrated by the ‘Nurse Tuma’ case in the USA.14,41 Nurse
Jolene Lucille Tuma was asked by a patient, who was due to undergo chemother-
apy, to provide information about alternative methods of treatment, which Tuma
agreed to do. Having considered the information, and discussed the options with
her family, the patient continued her chemotherapy regimen, but died two weeks
later. The physician, who was informed of Nurse Tuma’s involvement by the
patient’s family, reported her actions to the State Board of Registration. Nurse
Tuma was removed from the nursing register, on the grounds that she had inter-
fered with the physician–patient relationship.
When providing information, it is apparent that nurses need to have established
adequate communication with other members of the health care team, but they
also need to be aware of their professional and legal obligations. The guidelines
found in the Irish code of professional conduct11 state that: ‘In certain circum-
stances there may be a doubt whether certain information should be given to a
patient and special care should be taken in such cases.’ This statement seems
highly ambiguous and open to a variety of interpretations. The legal situation,
while doing little to recognize the nurse as an independent practitioner, at least
seems to be clear: ‘When a patient seeks an explanation or clarification [regard-
ing a contemplated procedure] the nurse is obliged to refer the matter back to the
doctor.’42
Conclusion
The question posed in this article was: is patient/client autonomy always com-
patible with the nurse’s role of advocacy? The simple answer must be no, not
always. Although I contend that nurses cannot claim a unique role as patient
advocates, nevertheless there may be occasions when nurses realize a need to
advocate on behalf of their patients. Although required by law and professional
guidelines to promote the autonomy of their patients, nurses may be constrained
by risk to self or to patients, or by lack of support from the organization or fellow
health care professionals. In order to be effective advocates, nurses need to be rec-
ognized, and to recognize themselves, as equal partners within the multidiscipli-
nary team. They also need to be confident of the support of their employer and
professional organizations.
The right of patients to autonomy is seen as a subcategory to human rights.
The right to self-determination is recognized by law, and should be respected by
all health care professionals. However, if nurses’ support for patients’ autonomy
leads to harm, either to the patient or to others, nurses may stand accused of
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The relationship between patient autonomy and patient advocacy 481
Acknowledgements
I wish to acknowledge the helpful advice of Ms Catherine O’Neill and Mr Gordan
Duffy while preparing the final draft of this article.
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