Most Defensible Leadership Position

Based on current research, healthcare law, and recommended ethics best practices in dysphagia management

Option 1 - Support Shared Decision-Making


After weighing the pros and cons of each option, Sofia and Daniel decide that the most ethically defensible leadership approach uses the Rights Lens of applied ethics, which highlights shared decision-making grounded in informed consent. This approach recognizes that patients have the legal right to make informed healthcare decisions as protected by the Patient Self-Determination Act of 1990 (Teoli & Ghassemzadeh, 2023), even if those decisions result in harm to the patient.


The duty of disclosure—and patients’ corresponding right to accept or refuse the choice(s) offered—applies to all patients whether or not medical practitioners agree that the decision is wise or unwise, or rational or irrational.
— (Horner et al., 2016, p. 461)

Although a facility administrator like Sofia may think they’re reducing liability by limiting a patient’s ability to choose a potentially unsafe diet texture (Horner et al., 2016), they’re actually violating the patient’s federally protected rights to medical autonomy (Teoli & Ghazzemzadeh, 2023), which places the facility at risk of legal liability.

This approach recognizes that patients have a federally protected right to make informed choices about their heathcare (Teoli & Ghazzemzadeh, 2023).

This option recognizes that:

  • Safety matters

  • Risk mitigation matters

  • But autonomy matters too

Ethical leadership requires balancing:

  • Beneficence

  • Nonmaleficence

  • Dignity

  • Informed consent

  • Quality of life

  • Patient rights

A patient like Margaret should not lose the right to make medical decisions simply because those decisions involve risk.

Ethical leaders must create systems that:

  • support transparent communication

  • encourage patient participation

  • reduce coercion

  • educate interdisciplinary teams

  • normalize ethical complexity

Leadership is not about eliminating uncertainty.

It is about responding to uncertainty ethically.