Ethics_manual_3rd_Nov2015_en_1x1

3rd edition 2015
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Medical student holding a newborn
© Roger Ball/CORBIS
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
WORLD MEDICAL ASSOCIATION
World Medical Association
MedicalEthicsManual
Medical Ethics
Manual
3rd edition 2015
2
© 2015 by The World Medical Association, Inc.
All rights reserved. Up to 10 copies of this document may be
made for your non-commercial personal use, provided that
credit is given to the original source. You must have prior written
permission for any other reproduction, storage in a retrieval
system or transmission, in any form or by any means. Requests
for permission should be directed to The World Medical
Association, B.P. 63, 01212 Ferney-Voltaire Cedex, France;
email: wma@wma.net, fax (+33) 450 40 59 37.
This Manual is a publication of the World Medical Association.
It was written by John R. Williams, Director of Ethics,
WMA (2003-2006)
Cover, design and concept by Tuuli Sauren,
INSPIRIT International Communications, Belgium.
Production and concept by
World Health Communication Associates, UK.
Pictures by Van Parys Media/CORBIS
Cataloguing-in-Publication Data
Williams, John R. (John Reynold), 1942-.
Medical ethics manual.
1. Bioethics 2. Physician-Patient Relations – ethics.
3. Physician’s Role 4. Biomedical Research – ethics
5. Interprofessional Relations 6. Education, Medical – ethics
7. Case reports 8. Manuals I. Title
ISBN 978-92-990079-0-7
(NLM classification: W 50)
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
TABLE OF CONTENTS
Acknowledgments…………………………………………………………………………4
Foreword……………………………………………………………………………………………5
Introduction………………………………………………………………………………………7
· What is medical ethics?
· Why study medical ethics?
· Medical ethics, medical professionalism, human rights and
law
· Conclusion
Chapter One – Principal Features of Medical Ethics ….14
· Objectives
· What’s special about medicine?
· What’s special about medical ethics?
· Who decides what is ethical?
· Does medical ethics change?
· Does medical ethics differ from one country to another?
· The role of the WMA
· How does the WMA decide what is ethical?
· How do individuals decide what is ethical?
· Conclusion
Chapter Two – Physicians and Patients…………………………….34
· Objectives
· Case study
· What’s special about the physician-patient relationship?
· Respect and equal treatment
· Communication and consent
· Decision-making for incompetent patients
· Confidentiality
MedicalEthicsManual–TableofContents
2
· Beginning-of-life issues
· End-of-life issues
· Back to the case study
Chapter Three – Physicians and Society…………………………..64
· Objectives
· Case study
· What’s special about the physician-society relationship?
· Dual loyalty
· Resource allocation
· Public health
· Global health
· Physicians and the environment
· Back to the case study
Chapter Four – Physicians and Colleagues…………………….84
· Objectives
· Case study
· Challenges to medical authority
· Relationships with physician colleagues, teachers and
students
· Reporting unsafe or unethical practices
· Relationships with other health professionals
· Cooperation
· Conflict resolution
· Back to the case study
Chapter Five – Medical Research…………………………………………98
· Objectives
· Case study
· Importance of medical research
· Research in medical practice
· Ethical requirements
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthicsMedicalEthicsManual–TableofContents
– Ethics review committee approval
– Scientific merit
– Social value
– Risks and benefits
– Informed consent
– Confidentiality
– Conflict of roles
– Honest reporting of results
– Whistle blowing
– Unresolved issues
· Back to the case study
Chapter Six – Conclusion……………………………………………………….116
· Responsibilities and privileges of physicians
· Responsibilities to oneself
· The future of medical ethics
Appendix A – Glossary
(includes words in italic print in the text)……………………………….120
Appendix B – Medical Ethics Resources on the Internet………..122
Appendix C – World Medical Association:
Resolution on the Inclusion of Medical Ethics
and Human Rights in the Curriculum of
Medical Schools World-Wide, and
World Federation for Medical Education:
Global Standards for Quality Improvement –
Basic Medical Education………………………………………………………….124
Appendix D – Strengthening Ethics Teaching in
Medical Schools………………………………………………………………………..126
Appendix E – Additional Case Studies………………………………………128
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ACKNOWLEDGMENTS
The WMA is profoundly grateful to the following individuals
for providing extensive and thoughtful comments on earlier
drafts of this Manual:
Prof. Solly Benatar, University of Cape Town, South Africa
Prof. Kenneth Boyd, University of Edinburgh, Scotland
Dr. Annette J. Braunack-Mayer, University of Adelaide, Australia
Dr. Robert Carlson, University of Edinburgh, Scotland
Mr. Sev Fluss, WMA and CIOMS, Geneva, Switzerland
Prof. Eugenijus Gefenas, University of Vilnius, Lithuania
Dr. Delon Human, WMA, Ferney-Voltaire, France
Dr. Girish Bobby Kapur, George Washington University,
Washington, DC, USA
Prof. Nuala Kenny, Dalhousie University, Halifax, Canada
Prof. Cheryl Cox Macpherson, St. George’s University, Grenada
Ms. Mareike Moeller, Medizinische Hochschule Hannover,
Germany
Prof. Ferenc Oberfrank, Hungarian Academy of Sciences,
Budapest, Hungary
Mr. Atif Rahman, Khyber Medical College, Peshawar, Pakistan
Mr. Mohamed Swailem, Banha Faculty of Medicine, Banha,
Egypt, and his ten fellow students who identified vocabulary that
was not familiar to individuals whose first language is other than
English.
The first edition of this Manual was supported in part by an
unrestricted educational grant from Johnson & Johnson.
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
FOREWORD
Dr. Delon Human
Secretary General
World Medical Association
It is incredible to think that although the founders of medical ethics,
such as Hippocrates, published their works more than 2000 years
ago, the medical profession, up until now, has not had a basic,
universally used, curriculum for the teaching of medical ethics. This
first WMA Ethics Manual aims to fill that void. What a privilege it is
to introduce it to you!
The Manual’s origin dates back to the 51st World Medical Assembly
in 1999. Physicians gathered there, representing medical
associationsfromaroundtheworld,decided “tostronglyrecommend
to Medical Schools worldwide that the teaching of Medical Ethics
and Human Rights be included as an obligatory course in their
curricula.” In line with that decision, a process was started to
develop a basic teaching aid on medical ethics for all medical
students and physicians that would be based on WMA policies, but
not be a policy document itself. This Manual, therefore, is the result
of a comprehensive global developmental and consultative process,
guided and coordinated by the WMA Ethics Unit.
Modern healthcare has given rise to extremely complex and
multifaceted ethical dilemmas. All too often physicians are
unprepared to manage these competently. This publication is
specifically structured to reinforce and strengthen the ethical
mindset and practice of physicians and provide tools to find ethical
solutions to these dilemmas. It is not a list of “rights and wrongs”
but an attempt to sensitise the conscience of the physician, which
is the basis for all sound and ethical decision-making. To this end,
you will find several case studies in the book, which are intended to
MedicalEthicsManual–Foreword
6
foster individual ethical reflection as well as discussion within team
settings.
As physicians, we know what a privilege it is to be involved in the
patient-physician relationship, a unique relationship which facilitates
an exchange of scientific knowledge and care within a framework of
ethics and trust. The Manual is structured to address issues related
to the different relationships in which physicians are involved, but at
the core will always be the patient-physician relationship. In recent
times, this relationship has come under pressure due to resource
constraints and other factors, and this Manual shows the necessity
of strengthening this bond through ethical practice.
Finally, a word on the centrality of the patient in any discussion on
medical ethics. Most medical associations acknowledge in their
foundational policies that ethically, the best interests of the individual
patient should be the first consideration in any decision on care. This
WMAEthics Manual will only serve its purpose well if it helps prepare
medical students and physicians to better navigate through the many
ethicalchallengeswefaceinourdailypracticeandfindeffectiveways
TO PUT THE PATIENT FIRST.
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
INTRODUCTION
WHAT IS MEDICAL ETHICS?
Consider the following medical cases, which could have taken place
in almost any country:
1. Dr. P, an experienced and skilled surgeon, is about to finish
night duty at a medium-sized community hospital. A young
woman is brought to the hospital by her mother, who leaves
immediately after telling the intake nurse that she has to look
after her other children. The patient is bleeding vaginally and
is in a great deal of pain. Dr. P examines her and decides that
she has had either a miscarriage or a self-induced abortion. He
does a quick dilatation and curettage and tells the nurse to ask
the patient whether she can afford to stay in the hospital until it
is safe for her to be discharged. Dr. Q comes in to replace Dr. P,
who goes home without having spoken to the patient.
2. Dr. S is becoming increasingly frustrated with patients who
come to her either before or after consulting another health
practitioner for the same ailment. She considers this to be a
waste of health resources as well as counter-productive for
the health of the patients. She decides to tell these patients
that she will no longer treat them if they continue to see other
practitioners for the same ailment. She intends to approach her
national medical association to lobby the government to prevent
this form of misallocation of healthcare resources.
3. Dr. C, a newly appointed anaesthetist* in a city hospital, is
alarmed by the behaviour of the senior surgeon in the operating
room. The surgeon uses out-of-date techniques that prolong
operations and result in greater post-operative pain and longer
recovery times. Moreover, he makes frequent crude jokes
MedicalEthicsManual–Introduction
*
Words written in italics are defined in the glossary (Appendix A).
8
about the patients that obviously bother the assisting nurses.
As a more junior staff member, Dr. C is reluctant to criticize
the surgeon personally or to report him to higher authorities.
However, he feels that he must do something to improve the
situation.
4. Dr. R, a general practitioner in a small rural town, is approached
by a contract research organization (C.R.O.) to participate in
a clinical trial of a new non-steroidal anti-inflammatory drug
(NSAID) for osteoarthritis. She is offered a sum of money for
eachpatientthatsheenrolsinthetrial.TheC.R.O.representative
assures her that the trial has received all the necessary
approvals, including one from an ethics review committee.
Dr. R has never participated in a trial before and is pleased
to have this opportunity, especially with the extra money. She
accepts without inquiring further about the scientific or ethical
aspects of the trial.
Each of these case studies invites ethical reflection. They raise
questions about physician behaviour and decision-making – not
scientific or technical questions such as how to treat diabetes or
how to perform a double bypass, but questions about values, rights
and responsibilities. Physicians face these kinds of questions just as
often as scientific and technical ones.
In medical practice, no matter what the specialty or the setting, some
questions are much easier to answer than others. Setting a simple
fracture and suturing a simple laceration pose few challenges to
physicians who are accustomed to performing these procedures.
At the other end of the spectrum, there can be great uncertainty
or disagreement about how to treat some diseases, even common
ones such as tuberculosis and hypertension. Likewise, ethical
questions in medicine are not all equally challenging. Some are
relatively easy to answer, mainly because there is a well-developed
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
consensus on the right way to act in the situation (for example, the
physician should always ask for a patient’s consent to serve as a
research subject). Others are much more difficult, especially those
for which no consensus has developed or where all the alternatives
have drawbacks (for example, rationing of scarce healthcare
resources).
So, what exactly is ethics and how does it help physicians deal with
such questions? Put simply, ethics is the study of morality – careful
and systematic reflection on and analysis of moral decisions and
behaviour, whether past, present or future. Morality is the value
dimension of human decision-making
and behaviour. The language of
morality includes nouns such as
‘rights’, ‘responsibilities’ and ‘virtues’
and adjectives such as ‘good’ and
‘bad’ (or ‘evil’), ‘right’ and ‘wrong’,
‘just’ and ‘unjust’. According to these
definitions, ethics is primarily a matter
of knowing whereas morality is a
matter of doing. Their close relationship consists in the concern of
ethics to provide rational criteria for people to decide or behave in
some ways rather than others.
Since ethics deals with all aspects of human behaviour and
decision-making, it is a very large and complex field of study
with many branches or subdivisions. The focus of this Manual
is medical ethics, the branch of ethics that deals with moral
issues in medical practice. Medical ethics is closely related, but
not identical to, bioethics (biomedical ethics). Whereas medical
ethics focuses primarily on issues arising out of the practice of
medicine, bioethics is a very broad subject that is concerned with
the moral issues raised by developments in the biological sciences
MedicalEthicsManual–Introduction
“…ethics is the study
of morality – careful
and systematic
reflection on and
analysis of moral
decisions and
behaviour”
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more generally. Bioethics also differs from medical ethics insofar
as it does not require the acceptance of certain traditional values
that, as we will see in Chapter Two, are fundamental to medical
ethics.
As an academic discipline, medical ethics has developed its own
specialized vocabulary, including many terms that have been
borrowed from philosophy. This Manual does not presuppose any
familiarity with philosophy in its readers, and therefore definitions of
key terms are provided either where they occur in the text or in the
glossary at the end of the Manual.
WHY STUDY MEDICAL ETHICS?
“As long as the physician is a knowledgeable and skilful clinician,
ethics doesn’t matter.”
“Ethics is learned in the family, not in medical school.”
“Medical ethics is learned by observing how senior physicians act,
not from books or lectures.”
“Ethics is important, but our curriculum is already too crowded and
there is no room for ethics teaching.”
These are some of the common reasons given for not assigning
ethics a major role in the medical school curriculum. Each of them
is partially, but only partially, valid. Increasingly throughout the
world medical schools are realising that they need to provide their
students with adequate time and resources for learning ethics. They
have received strong encouragement to move in this direction from
organizations such as the World Medical Association and the World
Federation for Medical Education (cf. Appendix C).
The importance of ethics in medical education will become apparent
throughout this Manual. To summarize, ethics is and always has
been an essential component of medical practice. Ethical principles
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
such as respect for persons, informed
consent and confidentiality are basic
to the physician-patient relationship.
However, the application of these
principles in specific situations is
often problematic, since physicians,
patients, their family members and
other healthcare personnel may
disagree about what is the right way
to act in a situation. The study of ethics prepares medical students
to recognize difficult situations and to deal with them in a rational
and principled manner. Ethics is also important in physicians’
interactions with society and their colleagues and for the conduct
of medical research.
MEDICAL ETHICS, MEDICAL
PROFESSIONALISM, HUMAN RIGHTS AND LAW
As will be seen in Chapter One, ethics has been an integral part
of medicine at least since the time of Hippocrates, the fifth century
B.C.E. (before the Christian era) Greek physician who is regarded
as a founder of medical ethics. From Hippocrates came the concept
of medicine as a profession, whereby physicians make a public
promise that they will place the interests of their patients above their
own interests (cf. Chapter Three for further explanation). The close
relationship of ethics and professionalism will be evident throughout
this Manual.
In recent times medical ethics has been greatly influenced by
developments in human rights. In a pluralistic and multicultural
world, with many different moral traditions, the major international
human rights agreements can provide a foundation for medical
ethics that is acceptable across national and cultural boundaries.
MedicalEthicsManual–Introduction
“The study of ethics
prepares medical
students to recognize
difficult situations and
to deal with them in a
rational and principled
manner.”
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Moreover, physicians frequently have to deal with medical problems
resulting from violations of human rights, such as forced migration
and torture.And they are greatly affected by the debate over whether
healthcare is a human right, since the answer to this question in any
particular country determines to a large extent who has access to
medical care. This Manual will give careful consideration to human
rights issues as they affect medical practice.
Medical ethics is also closely related to law. In most countries there
are laws that specify how physicians are required to deal with ethical
issues in patient care and research. In
addition, the medical licensing and
regulatory officials in each country can
and do punish physicians for ethical
violations. But ethics and law are not
identical. Quite often ethics prescribes
higher standards of behaviour than
does the law, and occasionally ethics
requires that physicians disobey laws
that demand unethical behaviour.
Moreover, laws differ significantly from
one country to another while ethics is applicable across national
boundaries. For these reasons, the focus of this Manual is on ethics
rather than law.
“…often ethics
prescribes higher
standards of behaviour
than does
the law, and
occasionally ethics
requires that
physicians disobey
laws that demand
unethical behaviour”
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
CHAPTER ONE – PRINCIPAL FEATURES OF MEDICAL
ETHICS
Objectives
After working through this chapter you should be able to:
• explain why ethics is important to medicine
• identify the major sources of medical ethics
• recognize different approaches to ethical decision-making,
including your own.
What’s Special about Medicine?
Throughout almost all of recorded history and in virtually every
part of the world, being a physician has meant something special.
People come to physicians for help with their most pressing needs
– relief from pain and suffering and restoration of health and well-
being. They allow physicians to see, touch and manipulate every
part of their bodies, even the most intimate. They do this because
they trust their physicians to act in their best interests.
MedicalEthicsManual–Introduction
CONCLUSION
Medicine is both a science and an art.
Science deals with what can be observed
and measured, and a competent physician
recognizes the signs of illness and disease
and knows how to restore good health.
But scientific medicine has its limits,
particularly in regard to human individuality,
culture, religion, freedom, rights and
responsibilities. The art of medicine involves
the application of medical science and
technology to individual patients, families and
communities, no two of which are identical.
By far the major part of the differences
among individuals, families and communities
is non-physiological, and it is in recognizing
and dealing with these differences that the
arts, humanities and social sciences, along
with ethics, play a major role. Indeed, ethics
itself is enriched by the insights and data
of these other disciplines; for example, a
theatrical presentation of a clinical dilemma
can be a more powerful stimulus for ethical
reflection and analysis than a simple case
description.
This Manual can provide only a basic
introduction to medical ethics and some of
its central issues. It is intended to give you
an appreciation of the need for continual
reflection on the ethical dimension of
medicine, and especially on how to deal with
the ethical issues that you will encounter
in your own practice. A list of resources is
provided in Appendix B to help you deepen
your knowledge of this field.
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CHAPTER ONE –
PRINCIPAL FEATURES OF MEDICAL ETHICS
A Day in the Life of a French General Practitioner
© Gilles Fonlupt/Corbis
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
OBJECTIVES
After working through this chapter you should be able to:
· explain why ethics is important to medicine
· identify the major sources of medical ethics
· recognize different approaches to ethical decision-making,
including your own.
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WHAT’S SPECIAL ABOUT MEDICINE?
Throughout almost all of recorded history and in virtually every part
of the world, being a physician has meant something special. People
come to physicians for help with their most pressing needs – relief
from pain and suffering and restoration of health and well-being.
They allow physicians to see, touch and manipulate every part of
their bodies, even the most intimate. They do this because they trust
their physicians to act in their best interests.
The status of physicians differs from
one country to another and even
within countries. In general, though,
it seems to be deteriorating. Many
physicians feel that they are no longer
as respected as they once were. In
some countries, control of healthcare has moved steadily away
from physicians to professional managers and bureaucrats, some
of whom tend to see physicians as obstacles to rather than partners
in healthcare reforms. Patients who used to accept physicians’
orders unquestioningly sometimes ask physicians to defend their
recommendations if these are different from advice obtained from
other health practitioners or the Internet. Some procedures that
formerly only physicians were capable of performing are now done
by medical technicians, nurses or paramedics.
Despite these changes impinging on
the status of physicians, medicine
continues to be a profession that
is highly valued by the sick people
who need its services. It also
continues to attract large numbers
of the most gifted, hard-working and
dedicated students. In order to meet
“Many physicians feel
that they are no longer
as respected as they
once were.”
“…to meet the
expectations of both
patients and students,
it is important that
physicians know and
exemplify the core
values of medicine”
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
the expectations of both patients and students, it is important
that physicians know and exemplify the core values of medicine,
especially compassion, competence and autonomy. These values,
along with respect for fundamental human rights, serve as the
foundation of medical ethics.
WHAT’S SPECIAL ABOUT MEDICAL ETHICS?
Although compassion, competence and autonomy are not exclusive
to medicine, physicians are expected to exemplify them to a very
high degree.
Compassion, defined as understanding and concern for another
person’s distress, is essential for the practice of medicine. In order
to deal with the patient’s problems, the physician must identify the
symptoms that the patient is experiencing and their underlying
causes and must want to help the patient achieve relief. Patients
respond better to treatment if they perceive that the physician
appreciates their concerns and is treating them rather than just their
illness.
A very high degree of competence is both expected and required
of physicians. A lack of competence can result in death or serious
morbidity for patients. Physicians undergo a long training period to
ensure competence, but considering the rapid advance of medical
knowledge, it is a continual challenge for them to maintain their
competence. Moreover, it is not just their scientific knowledge
and technical skills that they have to maintain but their ethical
knowledge, skills and attitudes as well, since new ethical issues
arise with changes in medical practice and its social and political
environment.
Autonomy, or self-determination, is the core value of medicine that
has changed the most over the years. Individual physicians have
traditionally enjoyed a high degree of clinical autonomy in deciding
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how to treat their patients. Physicians collectively (the medical
profession) have been free to determine the standards of medical
education and medical practice. As will be evident throughout this
Manual, both of these ways of exercising physician autonomy
have been moderated in many countries by governments and
THE WORLD MEDICAL ASSOCIATION
DECLARATION OF GENEVA
At the time of being admitted as a member of the medical
profession:
I SOLEMNLY PLEDGE to consecrate my life to the service
of humanity;
I WILL GIVE to my teachers the respect and gratitude that
is their due;
I WILL PRACTISE my profession with conscience and
dignity;
THEHEALTHOFMYPATIENTwillbemyfirstconsideration;
I WILL RESPECT the secrets that are confided in me, even
after the patient has died;
I WILL MAINTAIN by all the means in my power, the honour
and the noble traditions of the medical profession;
MY COLLEAGUES will be my sisters and brothers;
I WILL NOT PERMIT considerations of age, disease or
disability, creed, ethnic origin, gender, nationality, political
affiliation, race, sexual orientation, social standing or any
other factor to intervene between my duty and my patient;
I WILL MAINTAIN the utmost respect for human life;
I WILL NOT USE my medical knowledge to violate human
rights and civil liberties, even under threat;
I MAKE THESE PROMISES solemnly, freely and upon my
honour.
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
other authorities imposing controls on physicians. Despite these
challenges, physicians still value their clinical and professional
autonomy and try to preserve it as much as possible. At the same
time, there has been a widespread acceptance by physicians
worldwide of patient autonomy, which means that patients should
be the ultimate decision-makers in matters that affect themselves.
This Manual will deal with examples of potential conflicts between
physician autonomy and respect for patient autonomy.
Besides its adherence to these three core values, medical ethics
differs from the general ethics applicable to everyone by being
publicly professed in an oath such as the World Medical Association
Declaration of Geneva and/or a code. Oaths and codes vary
from one country to another and even within countries, but they
have many common features, including promises that physicians
will consider the interests of their patients above their own, will
not discriminate against patients on the basis of race, religion
or other human rights grounds, will protect the confidentiality of
patient information and will provide emergency care to anyone in
need.
WHO DECIDES WHAT IS ETHICAL?
Ethics is pluralistic. Individuals disagree among themselves about
what is right and what is wrong, and even when they agree, it
can be for different reasons. In some societies, this disagreement
is regarded as normal and there is a great deal of freedom to
act however one wants, as long as it does not violate the rights
of others. In more traditional societies, however, there is greater
agreement on ethics and greater social pressure, sometimes backed
by laws, to act in certain ways rather than others. In such societies
culture and religion often play a dominant role in determining ethical
behaviour.
20
The answer to the question, “who decides what is ethical for people
in general?” therefore varies from one society to another and even
within the same society. In liberal societies, individuals have a great
deal of freedom to decide for themselves what is ethical, although
they will likely be influenced by their families, friends, religion, the
media and other external sources. In more traditional societies,
family and clan elders, religious authorities and political leaders
usually have a greater role than individuals in determining what is
ethical.
Despite these differences, it seems that most human beings
can agree on some fundamental ethical principles, namely, the
basic human rights proclaimed in the United Nations Universal
Declaration of Human Rights and other widely accepted and
officially endorsed documents. The human rights that are especially
important for medical ethics include the right to life, to freedom from
discrimination, torture and cruel, inhuman or degrading treatment,
to freedom of opinion and expression, to equal access to public
services in one’s country, and to medical care.
For physicians, the question, “who decides what is ethical?” has
until recently had a somewhat different answer than for people in
general. Over the centuries the medical profession has developed its
own standards of behaviour for its members, which are expressed in
codes of ethics and related policy documents.At the global level, the
WMA has set forth a broad range of ethical statements that specify
the behaviour required of physicians no matter where they live and
practise. In many, if not most, countries medical associations have
been responsible for developing and enforcing the applicable ethical
standards. Depending on the country’s approach to medical law,
these standards may have legal status.
The medical profession’s privilege of being able to determine
its own ethical standards has never been absolute, however. For
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
example:
• Physicians have always been subject to the general laws of the
land and have sometimes been punished for acting contrary to
these laws.
• Some medical organizations are strongly influenced by religious
teachings, which impose additional obligations on their members
besides those applicable to all physicians.
• In many countries the organizations that set the standards for
physician behaviour and monitor their compliance now have a
significant non-physician membership.
The ethical directives of medical associations are general in nature;
they cannot deal with every situation that physicians might face
in their medical practice. In most situations, physicians have to
decide for themselves what is the right way to act, but in making
decisions, it is helpful to know what other physicians would do in
similar situations. Medical codes of ethics and policy statements
reflect a general consensus about the
way physicians should act and they
should be followed unless there are
good reasons for acting otherwise.
DOES MEDICAL ETHICS
CHANGE?
There can be little doubt that some aspects of medical ethics have
changed over the years. Until recently physicians had the right and
the duty to decide how patients should be treated and there was
no obligation to obtain the patient’s informed consent. In contrast,
the 2005 version of the WMA Declaration on the Rights of the
Patient begins with this statement: “The relationship between
physicians, their patients and broader society has undergone
“…in making decisions,
it is helpful to know
what other physicians
would do in similar
situations.”
22
significant changes in recent times. While a physician should
always act according to his/her conscience, and always in the best
interests of the patient, equal effort must be made to guarantee
patient autonomy and justice.” Many individuals now consider
that they are their own primary health providers and that the role
of physicians is to act as their consultants or instructors. Although
this emphasis on self-care is far from universal, it does seem to
be spreading and is symptomatic of a more general evolution in
the patient-physician relationship that gives rise to different ethical
obligations for physicians than previously.
Until recently, physicians generally considered themselves
accountable only to themselves, to their colleagues in the medical
profession and, for religious believers, to God. Nowadays, they have
additional accountabilities – to their patients, to third parties such as
hospitalsandmanagedhealthcareorganizations,tomedicallicensing
and regulatory authorities, and often
to courts of law. These different
accountabilities can conflict with one
another, as will be evident in the
discussion of dual loyalty in Chapter
Three.
Medical ethics has changed in other
ways. Participation in abortion was forbidden in medical codes of
ethics until recently but now is tolerated under certain conditions
by the medical profession in many countries. Whereas in traditional
medical ethics the sole responsibility of physicians was to their
individual patients, nowadays it is generally agreed that physicians
should also consider the needs of society, for example, in allocating
scarce healthcare resources (cf. Chapter Three).
Advancesinmedicalscienceandtechnologyraisenewethicalissues
that cannot be answered by traditional medical ethics. Assisted
“…different
accountabilities can
conflict with one
another”
23
MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
reproduction, genetics, health informatics and life-extending and
enhancing technologies, all of which require the participation of
physicians, have great potential for benefiting patients but also
potential for harm depending on how they are put into practice. To
help physicians decide whether and under what conditions they
should participate in these activities, medical associations need to
use different analytic methods than simply relying on existing codes
of ethics.
Despite these obvious changes in medical ethics, there is
widespread agreement among physicians that the fundamental
values and ethical principles of medicine do not, or at least should
not, change. Since it is inevitable that human beings will always be
subject to illness, they will continue to have need of compassionate,
competent and autonomous physicians to care for them.
DOES MEDICAL ETHICS DIFFER FROM ONE
COUNTRY TO ANOTHER?
Just as medical ethics can and does change over time, in response
to developments in medical science and technology as well as
in societal values, so does it vary from one country to another
depending on these same factors. On euthanasia, for example,
there is a significant difference of opinion among national medical
associations. Some associations condemn it but others are neutral
and at least one, the Royal Dutch Medical Association, accepts it
under certain conditions. Likewise, regarding access to healthcare,
some national associations support the equality of all citizens
whereas others are willing to tolerate great inequalities. In some
countries there is considerable interest in the ethical issues posed
by advanced medical technology whereas in countries that do not
have access to such technology, these ethical issues do not arise.
Physicians in some countries are confident that they will not be
24
forced by their government to do anything unethical while in other
countries it may be difficult for them to meet their ethical obligations,
for example, to maintain the confidentiality of patients in the face of
police or army requirements to report ‘suspicious’ injuries.
Although these differences may seem significant, the similarities
are far greater. Physicians throughout the world have much in
common, and when they come together in organizations such as
the WMA, they usually achieve agreement on controversial ethical
issues, though this often requires lengthy debate. The fundamental
values of medical ethics, such as compassion, competence and
autonomy, along with physicians’ experience and skills in all aspects
of medicine and healthcare, provide a sound basis for analysing
ethical issues in medicine and arriving at solutions that are in the
best interests of individual patients and citizens and public health
in general.
THE ROLE OF THE WMA
As the only international organization that seeks to represent all
physicians, regardless of nationality or specialty, the WMA has
undertaken the role of establishing general standards in medical
ethics that are applicable worldwide. From its beginning in 1947
it has worked to prevent any recurrence of the unethical conduct
exhibited by physicians in Nazi Germany and elsewhere. The WMA’s
first task was to update the Hippocratic Oath for 20th
century use; the
result was the Declaration of Geneva, adopted at the WMA’s 2nd
General Assembly in 1948. It has been revised several times since,
most recently in 2006. The second task was the development of an
International Code of Medical Ethics, which was adopted at the 3rd
GeneralAssembly in 1949 and revised in 1968, 1983 and 2006. The
next task was to develop ethical guidelines for research on human
subjects. This took much longer than the first two documents; it was
25
MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
not until 1964 that the guidelines were adopted as the Declaration
of Helsinki. This document has also undergone periodic revision,
most recently in 2013.
In addition to these foundational
ethical statements, the WMA has
adopted policy statements on more
than 100 specific issues, the majority
of which are ethical in nature while
others deal with socio-medical topics,
including medical education and
health systems. Each year the WMA
General Assembly revises some
existing policies and/or adopts new ones.
HOW DOES THE WMA DECIDE
WHAT IS ETHICAL?
Achieving international agreement on controversial ethical issues
is not an easy task, even within a relatively cohesive group such
as physicians. The WMA ensures that its ethical policy statements
reflect a consensus by requiring a 75% vote in favour of any new or
revised policy at its annual Assembly. A precondition for achieving
this degree of agreement is widespread consultation on draft
statements, careful consideration of the comments received by the
WMA Medical Ethics Committee and
sometimes by a specially appointed
workgroup on the issue, redrafting
of the statement and often further
consultation. The process can be
lengthy, depending on the complexity
and/or the novelty of the issue.
For example, one revision of the
“…the WMA has
undertaken the role of
establishing general
standards in medical
ethics that
are applicable
worldwide.”
“Achieving
international
agreement on
controversial ethical
issues is not
an easy task”
26
Declaration of Helsinki was begun early in 1997 and completed
only in October 2000. Even then, outstanding issues remained and
these continued to be studied by the Medical Ethics Committee and
successive workgroups.
A good process is essential to, but does not guarantee, a good
outcome. In deciding what is ethical, the WMA draws upon a
long tradition of medical ethics as reflected in its previous ethical
statements. It also takes note of other positions on the topic under
consideration, both of national and international organizations
and of individuals with skill in ethics.
On some issues, such as informed
consent, the WMA finds itself in
agreement with the majority view.
On others, such as the confidentiality
of personal medical information,
the position of physicians may have
to be promoted forcefully against
those of governments, health system
administrators and/or commercial
enterprises. A defining feature of
the WMA’s approach to ethics is the
priority that it assigns to the individual patient or research subject.
In reciting the Declaration of Geneva, the physician promises,
“The health of my patient will be my first consideration.” And the
Declaration of Helsinki states, “While the primary purpose of
medical research is to generate new knowledge, this goal can never
take precedence over the rights and interests of individual research
subjects.”
HOW DO INDIVIDUALS DECIDE
WHAT IS ETHICAL?
For individual physicians and medical students, medical ethics does
not consist simply in following the recommendations of the WMA
“On some issues,
… the position of
physicians may have
to be promoted
forcefully against
those of governments,
health system
administrators
and/or commercial
enterprises.”
27
MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
or other medical organizations. These
recommendations are usually general
in nature and individuals need to
determine whether or not they apply
to the situation at hand. Moreover,
many ethical issues arise in medical
practice for which there is no
guidance from medical associations.
Individuals are ultimately responsible for making their own ethical
decisions and for implementing them.
There are different ways of approaching ethical issues such as the
ones in the cases at the beginning of this Manual. These can be
divided roughly into two categories: non-rational and rational. It
is important to note that non-rational does not mean irrational but
simply that it is to be distinguished from the systematic, reflective
use of reason in decision-making.
Non-rational approaches:
• Obedience is a common way of making ethical decisions,
especially by children and those who work within authoritarian
structures(e.g.,themilitary,police,somereligiousorganizations,
many businesses). Morality consists in following the rules or
instructions of those in authority, whether or not you agree with
them.
• Imitation is similar to obedience in that it subordinates one’s
judgement about right and wrong to that of another person,
in this case, a role model. Morality consists in following the
example of the role model. This has been perhaps the most
common way of learning medical ethics by aspiring physicians,
with the role models being the senior consultants and the mode
of moral learning being observation and assimilation of the
“Individuals are
ultimately responsible
for making their own
ethical decisions and
for implementing
them.”
28
values portrayed.
• Feeling or desire is a subjective approach to moral decision-
making and behaviour. What is right is what feels right or satisfies
one’s desire; what is wrong is what feels wrong or frustrates
one’s desire. The measure of morality is to be found within each
individual and, of course, can vary greatly from one individual
to another, and even within the same individual over
time.
• Intuition is an immediate perception of the right way to act in
a situation. It is similar to desire in that it is entirely subjective;
however, it differs because of its location in the mind rather than
the will. To that extent it comes closer to the rational forms of
ethical decision-making than do obedience, imitation, feeling
and desire. However, it is neither systematic nor reflexive but
directs moral decisions through a simple flash of insight. Like
feeling and desire, it can vary greatly from one individual to
another, and even within the same individual over time.
• Habit is a very efficient method of moral decision-making
since there is no need to repeat a systematic decision-making
process each time a moral issue arises similar to one that
has been dealt with previously. However, there are bad habits
(e.g., lying) as well as good ones (e.g., truth-telling); moreover,
situations that appear similar may require significantly different
decisions. As useful as habit is, therefore, one cannot place all
one’s confidence in it.
Rational approaches:
As the study of morality, ethics recognises the prevalence of
these non-rational approaches to decision-making and behaviour.
However, it is primarily concerned with rational approaches. Four
such approaches are deontology, consequentialism, principlism and
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
virtue ethics:
• Deontology involves a search for well-founded rules that can
serve as the basis for making moral decisions. An example of
such a rule is, “Treat all people as equals.” Its foundation may be
religious (for example, the belief that all God’s human creatures
are equal) or non-religious (for example, human beings share
almost all of the same genes). Once the rules are established,
they have to be applied in specific situations, and here there is
often room for disagreement about what the rules require (for
example, whether the rule against killing another human being
would prohibit abortion or capital punishment).
• Consequentialism bases ethical decision-making on an
analysis of the likely consequences or outcomes of different
choices and actions. The right action is the one that produces
the best outcomes. Of course there can be disagreement
about what counts as a good outcome. One of the best-known
forms of consequentialism, namely utilitarianism, uses ‘utility’
as its measure and defines this as ‘the greatest good for the
greatest number’. Other outcome measures used in healthcare
decision-making include cost-effectiveness and quality of life
as measured in QALYs (quality-adjusted life-years) or DALYs
(disability-adjusted life-years). Supporters of consequentialism
generally do not have much use for principles; they are too
difficult to identify, prioritise and apply, and in any case they do
not take into account what in their view really matters in moral
decision-making, i.e., the outcomes. However, this setting aside
of principles leaves consequentialism open to the charge that
it accepts that ‘the end justifies the means’, for example, that
individual human rights can be sacrificed to attain a social goal.
• Principlism, as its name implies, uses ethical principles as the
basis for making moral decisions. It applies these principles
30
to particular cases or situations in order to determine what
is the right thing to do, taking into account both rules and
consequences. Principlism has been extremely influential in
recent ethical debates, especially in the USA. Four principles in
particular, respect for autonomy, beneficence, non-maleficence
and justice, have been identified as the most important for ethical
decision-making in medical practice. Principles do indeed play
an important role in rational decision-making. However, the
choice of these four principles, and especially the prioritisation of
respect for autonomy over the others, is a reflection of Western
liberal culture and is not necessarily universal. Moreover, these
four principles often clash in particular situations and there is
need for some criteria or process for resolving such conflicts.
• Virtue ethics focuses less on decision-making and more on the
character of decision-makers as reflected in their behaviour. A
virtue is a type of moral excellence. As noted above, one virtue
that is especially important for physicians is compassion. Others
include honesty, prudence and dedication. Physicians who
possess these virtues are more likely to make good decisions
and to implement them in a good way. However, even virtuous
individuals often are unsure how to act in particular situations
and are not immune from making wrong decisions.
None of these four approaches, or others that have been proposed,
has been able to win universal assent. Individuals differ among
themselves in their preference for a rational approach to ethical
decision-making just as they do in their preference for a non-
rational approach. This can be explained partly by the fact that
each approach has both strengths and weaknesses. Perhaps a
combination of all four approaches that includes the best features
of each is the best way to make ethical decisions rationally. It
would take serious account of rules (deontology) and principles
(principlism) by identifying the ones most relevant to the situation or
31
MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
case at hand and by attempting to implement them to the greatest
extent possible. It would also examine the likely consequences
(consequentialism) of alternative decisions and determine which
consequences would be preferable. Finally, it would attempt to
ensure that the behaviour of the decision-maker both in coming to a
decision and in implementing it is admirable (virtue ethics).” Such a
process could comprise the following steps:
1. Determine whether the issue at hand is an ethical one.
2. Consult authoritative sources such as medical association
codes of ethics and policies and respected colleagues to
see how physicians generally deal with such issues.
3. Consider alternative solutions in light of the principles and
values they uphold and their likely consequences.
4. Discuss your proposed solution with those whom it will
affect.
5. Make your decision and act on it, with sensitivity to others
affected.
6. Evaluate your decision and be prepared to act differently in
future.
CONCLUSION
This chapter sets the stage for what follows.
When dealing with specific issues in medical
ethics, it is good to keep in mind that
physicians have faced many of the same
32
issues throughout history and that their
accumulated experience and wisdom can be
very valuable today. The WMA and other m
CONCLUSION
This chapter sets the stage for what follows.
When dealing with specific issues in medical
ethics, it is good to keep in mind that
physicians have faced many of the same
issues throughout history and that their
accumulated experience and wisdom can be
very valuable today. The WMA and other
medical organizations carry on this tradition
and provide much helpful ethical guidance to
physicians. However, despite a large measure
of consensus among physicians on ethical
issues, individuals can and do disagree on
how to deal with specific cases. Moreover,
the views of physicians can be quite different
from those of patients and of other healthcare
providers. As a first step in resolving ethical
conflicts, it is important for physicians to
understand different approaches to ethical
decision-making, including their own and
those of the people with whom they are
interacting. This will help them determine for
themselves the best way to act and to explain
their decisions to others.
33
MedicalEthicsManual–PrincipalFeaturesofMedicalEthics
34
CHAPTER TWO –
PHYSICIANS AND PATIENTS
Compassionate doctor
© Jose Luis Pelaez, Inc./CORBIS
35
MedicalEthicsManual–PrincipalFeaturesofMedicalEthicsMedicalEthicsManual–PhysiciansandPatientsOBJECTIVES
After working through this chapter you should be able to:
· explain why all patients are deserving of respect and equal
treatment;
· identify the essential elements of informed consent;
· explain how medical decisions should be made for patients
who are incapable of making their own decisions;
· explain the justification for patient confidentiality and
recognise legitimate exceptions to confidentiality;
· recognize the principal ethical issues that occur at the
beginning and end of life;
· summarize the arguments for and against the practice of
euthanasia/assisted suicide and the difference between
these actions and palliative care or forgoing treatment.
36
WHAT’S SPECIAL ABOUT THE PHYSICIAN-
PATIENT RELATIONSHIP?
The physician-patient relationship is the cornerstone of medical
practice and therefore of medical ethics. As noted above, the
Declaration of Geneva requires of the physician that “The health
of my patient will be my first consideration,” and the International
Code of Medical Ethics states, “A physician shall owe his/her
patients complete loyalty and all the scientific resources available to
him/her.” As discussed in Chapter One, the traditional interpretation
of the physician-patient relationship as a paternalistic one, in which
the physician made the decisions and the patient submitted to
them, has been widely rejected in recent years, both in ethics and
in law. Since many patients are either unable or unwilling to make
decisions about their medical care, however, patient autonomy
CASE STUDY #1
Dr. P, an experienced and skilled surgeon,
is about to finish night duty at a medium-
sized community hospital. A young woman is
brought to the hospital by her mother, who
leaves immediately after telling the intake
nurse that she has to look after her other
children. The patient is bleeding vaginally
and is in a great deal of pain. Dr. P examines
her and decides that she has had either a
miscarriage or a self-induced abortion. He
does a quick dilatation and curettage and tells
the nurse to ask the patient whether she can
afford to stay in the hospital until it is safe
for her to be discharged. Dr. Q comes in to
replace Dr. P, who goes home without having
spoken to the patient.
37
MedicalEthicsManual–PrincipalFeaturesofMedicalEthicsMedicalEthicsManual–PhysiciansandPatients
is often very problematic. Equally problematic are other aspects
of the relationship, such as the physician’s obligation to maintain
patient confidentiality in an era of computerized medical records and
managed care, and the duty to preserve life in the face of requests
to hasten death.
This section will deal with six topics that pose particularly vexing
problems to physicians in their daily
practice: respect and equal treatment;
communication and consent;
decision-making for incompetent
patients; confidentiality; beginning-of-
life issues; and end-of-life issues.
RESPECT AND EQUAL TREATMENT
The belief that all human beings deserve respect and equal
treatment is relatively recent. In most societies disrespectful and
unequal treatment of individuals and groups was regarded as
normal and natural. Slavery was one such practice that was not
eradicated in the European colonies and the USA until the 19th
century and still exists in some parts of the world. The end of
institutional discrimination against non-whites in countries such as
South Africa is much more recent. Women still experience lack of
respect and unequal treatment in most countries. Discrimination
on the basis of age, disability or sexual orientation is widespread.
Clearly, there remains considerable resistance to the claim that all
people should be treated as equals.
The gradual and still ongoing conversion of humanity to a belief
in human equality began in the 17th and 18th centuries in Europe
and North America. It was led by two opposed ideologies: a new
interpretation of Christian faith and an anti-Christian rationalism.
The former inspired the American Revolution and Bill of Rights;
“The health of my
patient will be my first
consideration”
38
the latter, the French Revolution and related political developments.
Under these two influences, democracy very gradually took hold
and began to spread throughout the world. It was based on a belief
in the political equality of all men (and, much later, women) and the
consequent right to have a say in who should govern them.
In the 20th century there was considerable elaboration of the concept
of human equality in terms of human rights. One of the first acts of
the newly established United Nations was to develop the Universal
Declaration of Human Rights (1948), which states in article 1, “All
human beings are born free and equal in dignity and rights.” Many
other international and national bodies have produced statements of
rights, either for all human beings, for all citizens in a specific country,
or for certain groups of individuals (‘children’s rights’, ‘patients’
rights’, ‘consumers’ rights’, etc.). Numerous organizations have
been formed to promote action on these statements. Unfortunately,
though, human rights are still not respected in many countries.
Themedicalprofessionhashadsomewhatconflictingviewsonpatient
equality and rights over the years. On the one hand, physicians have
been told not to “permit considerations of age, disease or disability,
creed, ethnic origin, gender, nationality, political affiliation, race,
sexual orientation, social standing or any other factor to intervene
between my duty and my patient” (Declaration of Geneva). At the
same time physicians have claimed the right to refuse to accept a
patient, except in an emergency.Although the legitimate grounds for
such refusal include a full practice, (lack of) educational qualifications
and specialization, if physicians do not have to give any reason for
refusing a patient, they can easily practise discrimination without
being held accountable. A physician’s conscience, rather than the
law or disciplinary authorities, may be the only means of preventing
abuses of human rights in this regard.
Even if physicians do not offend against respect and human equality
in their choice of patients, they can still do so in their attitudes
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthicsMedicalEthicsManual–PhysiciansandPatients
towards and treatment of patients. The case study described at
the beginning of this chapter illustrates this problem. As noted in
Chapter One, compassion is one of the core values of medicine
and is an essential element of a good therapeutic relationship.
Compassion is based on respect for the patient’s dignity and values
but goes further in acknowledging and responding to the patient’s
vulnerability in the face of illness and/or disability. If patients sense
the physician’s compassion, they will be more likely to trust the
physician to act in their best interests, and this trust can contribute
to the healing process.
Respect for patients requires that physicians do not put them at
any avoidable risk of harm during treatment. In recent years patient
safety has become a major concern for healthcare professionals
and institutions. Studies have shown that many patients suffer
harm and even death because of inadequate procedures for
infection control (including hand hygiene), accurate record keeping,
understandable medicine labels, and safe medicines, injections and
surgical procedures. The WMA Declaration on Patient Safety calls
on physicians to “go beyond the professional boundaries of health
care and cooperate with all relevant parties, including patients, to
adopt a proactive systems approach to patient safety.”
The trust that is essential to the physician-patient relationship has
generally been interpreted to mean that physicians should not
desert patients whose care they have undertaken. The WMA’s
International Code of Medical Ethics specifies only one reason
for ending a physician-patient relationship – if the patient requires
another physician with different skills: “A physician shall owe his/her
patients complete loyalty and all the scientific resources available
to him/her. Whenever an examination or treatment is beyond the
physician’s capacity, he/she should consult with or refer to another
physician who has the necessary ability.” However, there are many
40
“…in ending a
physician-patient
relationship…
physicians…
should be prepared to
justify their decision,
to themselves, to the
patient and to a third
party if appropriate.”
other reasons for a physician wanting
to terminate a relationship with a
patient, for example, the physician’s
moving or stopping practice, the
patient’s refusal or inability to pay
for the physician’s services, dislike
of the patient and the physician for
each other, the patient’s refusal
to comply with the physician’s
recommendations, etc. The reasons
may be entirely legitimate, or they may
be unethical. When considering such an action, physicians should
consult their Code of Ethics and other relevant guidance documents
and carefully examine their motives. They should be prepared to
justify their decision, to themselves, to the patient and to a third party
if appropriate. If the motive is legitimate, the physician should help
the patient find another suitable physician or, if this is not possible,
should give the patient adequate notice of withdrawal of services so
that the patient can find alternative medical care. If the motive is not
legitimate, for example, racial prejudice, the physician should take
steps to deal with this defect.
Many physicians, especially those in the public sector, often have no
choice of the patients they treat. Some patients are violent and pose
a threat to the physician’s safety. Others can only be described as
obnoxious because of their antisocial attitudes and behaviour. Have
such patients forsaken their right to respect and equal treatment, or
are physicians expected to make extra, perhaps even heroic, efforts
to establish and maintain therapeutic relationships with them? With
such patients, physicians must balance their responsibility for their
own safety and well-being and that of their staff with their duty to
promote the well-being of the patients. They should attempt to find
ways to honour both of these obligations. If this is not possible,
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthicsMedicalEthicsManual–PhysiciansandPatients
“A person who
is afflicted with AIDS
needs competent,
compassionate
treatment.”
they should try to make alternative arrangements for the care of the
patients.
Another challenge to the principle of respect and equal treatment for
all patients arises in the care of infectious patients. The focus here is
often on HIV/AIDS, not only because it is a life-threatening disease
but also because it is often associated with social prejudices.
However, there are many other serious infections including some
that are more easily transmissible to healthcare workers than HIV/
AIDS. Some physicians hesitate to perform invasive procedures on
patients with such conditions because of the possibility that they,
the physicians, might become infected. However, medical codes of
ethics make no exception for infectious patients with regard to the
physician’s duty to treat all patients equally. The WMA’s Statement
on HIV/AIDS and the Medical Profession puts it this way:
Unfair discrimination against HIV/
AIDS patients by physicians must
be eliminated completely from the
practice of medicine.
All persons infected or affected by
HIV/AIDS are entitled to adequate
prevention, support, treatment and
care with compassion and respect for
human dignity.
A physician may not ethically refuse to treat a patient whose
condition is within his or her current realm of competence, solely
because the patient is seropositive.
A physician who is not able to provide the care and services
required by patients with HIV/AIDS should make an appropriate
referral to those physicians or facilities that are equipped
to provide such services. Unless or until the referral can be
accomplished, the physician must care for the patient to the best
of his or her ability.
42
The intimate nature of the physician-patient relationship can
give rise to sexual attraction. A fundamental rule of traditional
medical ethics is that such attraction must be resisted. The Oath
of Hippocrates includes the following promise: “Whatever houses
I may visit, I will come for the benefit of the sick, remaining free
of all intentional injustice, of all mischief and in particular of sexual
relations with both female and male persons….” In recent years
many medical association have restated this prohibition of sexual
relations between physicians and their patients. The reasons for
this are as valid today as they were in Hippocrates’ time, 2500 years
ago. Patients are vulnerable and put their trust in physicians to
treat them well. They may feel unable to resist sexual advances of
physicians for fear that their treatment will be jeopardized. Moreover,
the clinical judgment of a physician can be adversely affected by
emotional involvement with a patient.
This latter reason applies as well to physicians treating their family
members, which is strongly discouraged in many medical codes of
ethics. However, as with some other statements in codes of ethics,
its application can vary according to circumstances. For example,
solo practitioners working in remote areas may have to provide
medical care for their family members, especially in emergency
situations.
COMMUNICATION AND CONSENT
Informed consent is one of the central concepts of present-day
medical ethics. The right of patients to make decisions about their
healthcare has been enshrined in legal and ethical statements
throughout the world. The WMA Declaration on the Rights of the
Patient states:
The patient has the right to self-determination, to make free
decisions regarding himself/herself. The physician will inform
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthicsMedicalEthicsManual–PhysiciansandPatients
the patient of the consequences of his/her decisions.Amentally
competent adult patient has the right to give or withhold consent
to any diagnostic procedure or therapy. The patient has the
right to the information necessary to make his/her decisions.
The patient should understand clearly what is the purpose of
any test or treatment, what the results would imply, and what
would be the implications of withholding consent.
A necessary condition for informed consent is good communication
between physician and patient. When medical paternalism was
normal, communication was relatively simple; it consisted of the
physician’s orders to the patient to comply with such and such
a treatment. Nowadays communication requires much more of
physicians. They must provide patients with all the information the
patients need to make their decisions. This involves explaining
complex medical diagnoses, prognoses and treatment regimes in
simple language, ensuring that patients understand the treatment
options, including the advantages and disadvantages of each,
answering any questions they may have, and understanding
whatever decision the patient has reached and, if possible, the
reasons for it. Good communication skills do not come naturally
to most people; they must be developed and maintained with
conscious effort and periodic review.
Two major obstacles to good physician-patient communication are
differences of language and culture. If the physician and the patient
do not speak the same language, an interpreter will be required.
Unfortunately, in many settings there are no qualified interpreters
and the physician must seek out the best available person for the
task. Culture, which includes but is much broader than language,
raises additional communication issues. Because of different
cultural understandings of the nature and causes of illness, patients
may not understand the diagnosis and treatment options provided
by their physician. In such circumstances physicians should make
44
“Competent patients
have the right to refuse
treatment, even when
the refusal will result in
disability or death.”
every reasonable effort to probe their patients’ understanding of
health and healing and communicate their recommendations to the
patients as best they can.
If the physician has successfully communicated to the patient all the
information the patient needs and wants to know about his or her
diagnosis, prognosis and treatment options, the patient will then be
in a position to make an informed decision about how to proceed.
Although the term ‘consent’ implies acceptance of treatment, the
concept of informed consent applies equally to refusal of treatment
or to choice among alternative treatments. Competent patients have
the right to refuse treatment, even
when the refusal will result in disability
or death.
Evidence of consent can be explicit
or implicit (implied). Explicit consent
is given orally or in writing. Consent
is implied when the patient indicates
a willingness to undergo a certain procedure or treatment by his or
her behaviour. For example, consent for venipuncture is implied by
the action of presenting one’s arm. For treatments that entail risk or
involve more than mild discomfort, it is preferable to obtain explicit
rather than implied consent.
There are two exceptions to the requirement for informed consent
by competent patients:
• Situations where patients voluntarily give over their decision-
making authority to the physician or to a third party. Because
of the complexity of the matter or because the patient has
complete confidence in the physician’s judgement, the patient
may tell the physician, “Do what you think is best.” Physicians
should not be eager to act on such requests but should provide
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MedicalEthicsManual–PrincipalFeaturesofMedicalEthicsMedicalEthicsManual–PhysiciansandPatients
patients with basic information about the treatment options
and encourage them to make their own decisions. However, if
after such encouragement the patient still wants the physician
to decide, the physician should do so according to the best
interests of the patient.
• Instances where the disclosure of information would cause harm
to the patient. The traditional concept of ‘therapeutic privilege’ is
invoked in such cases; it allows physicians to withhold medical
information if disclosure would be likely to result in serious
physical, psychological or emotional harm to the patient, for
example, if the patient would be likely to commit suicide if the
diagnosis indicates a terminal illness. This privilege is open
to great abuse, and physicians should make use of it only in
extreme circumstances. They should start with the expectation
that all patients are able to cope with the facts and reserve
nondisclosure for cases in which they are convinced that more
harm will result from telling the truth than from not telling it.
In some cultures, it is widely held that the physician’s obligation to
provide information to the patient does not apply when the diagnosis
is a terminal illness. It is felt that such information would cause the
patient to despair and would make the remaining days of life much
more miserable than if there were hope of recovery. Throughout
the world it is not uncommon for family members of patients to
plead with physicians not to tell the patients that they are dying.
Physicians do have to be sensitive to cultural as well as personal
factors when communicating bad news, especially of impending
death. Nevertheless, the patient’s right to informed consent is
becoming more and more widely accepted, and the physician has a
primary duty to help patients exercise this right.
In keeping with the growing trend towards considering healthcare
as a consumer product and patients as consumers, patients and
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“The physician has
no obligation to offer
a patient futile or
nonbeneficial
treatment.”
their families not infrequently demand access to medical services
that, in the considered opinion of physicians, are not appropriate.
Examples of such services range from antibiotics for viral conditions
to intensive care for brain-dead patients to promising but unproven
drugs or surgical procedures. Some patients claim a ‘right’ to
any medical service that they feel can benefit them, and often
physicians are only too willing to oblige, even when they are
convinced that the service can offer no medical benefit for
the patient’s condition. This problem is especially serious in
situations where resources are limited and providing ‘futile’ or
‘nonbeneficial’ treatments to some patients means that other
patients are left untreated.
Futile and nonbeneficial can be understood as follows. In some
situations a physician can determine that a treatment is ‘medically’
futile or nonbeneficial because it offers no reasonable hope of
recovery or improvement or because the patient is permanently
unable to experience any benefit. In other cases the utility and
benefit of a treatment can only be determined with reference to the
patient’s subjective judgement about his or her overall well-being.
As a general rule a patient should be
involved in determining futility in his or
her case. In exceptional circumstances
such discussions may not be in the
patient’s best interests. The physician
has no obligation to offer a patient futile
or nonbeneficial treatment.
The principle of informed consent incorporates the patient’s right
to choose from among the options presented by the physician.
To what extent patients and their families have a right to services
not recommended by physicians is becoming a major topic of
controversy in ethics, law and public policy. Until this matter is
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Do patients have a
right to services not
recommended by
physicians?
decided by governments, medical
insurance providers and/or
professional organisations, individual
physicians will have to decide for
themselves whether they should
accede to requests for inappropriate
treatments. They should refuse such
requests if they are convinced that the treatment would produce
more harm than benefit. They should also feel free to refuse if the
treatment is unlikely to be beneficial, even if it is not harmful, although
the possibility of a placebo effect should not be discounted. If limited
resources are an issue, they should bring this to the attention of
whoever is responsible for allocating resources.
DECISION-MAKING FOR
INCOMPETENT PATIENTS
Many patients are not competent to make decisions for themselves.
Examples include young children, individuals affected by certain
psychiatric or neurological conditions, and those who are temporarily
unconscious or comatose. These patients require substitute
decision-makers, either the physician or another person. Ethical
issues arise in the determination of the appropriate substitute
decision-maker and in the choice of criteria for decisions on behalf
of incompetent patients.
When medical paternalism prevailed, the physician was considered
to be the appropriate decision-maker for incompetent patients.
Physicians might consult with family members about treatment
options, but the final decisions were theirs to make. Physicians have
been gradually losing this authority in many countries as patients
are given the opportunity to name their own substitute decision-
makers to act for them when they become incompetent. In addition,
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some states specify the appropriate substitute decision-makers in
descending order (e.g., husband or wife, adult children, brothers
and sisters, etc.). In such cases physicians make decisions for
patients only when the designated substitute cannot be found, as
often happens in emergency situations. The WMA Declaration on
the Rights of the Patient states the physician’s duty in this matter
as follows:
If the patient is unconscious or otherwise unable to
express his/her will, informed consent must be obtained,
whenever possible, from a legally entitled representative.
If a legally entitled representative is not available, but a
medical intervention is urgently needed, consent of the
patient may be presumed, unless it is obvious and beyond
any doubt on the basis of the patient’s previous firm
expression or conviction that he/she would refuse consent to
the intervention in that situation.
Problems arise when those claiming to be the appropriate substitute
decision-makers, for example different family members, do not
agree among themselves or when they do agree, their decision
is, in the physician’s opinion, not in the patient’s best interests. In
the first instance the physician can serve a mediating function, but
if the disagreement persists, it can be resolved in other ways, for
example, by letting the senior member of the family decide or by
voting. In cases of serious disagreement between the substitute
decision-maker and the physician, the Declaration on the Rights
of the Patient offers the following advice: “If the patient’s legally
entitled representative, or a person authorized by the patient,
forbids treatment which is, in the opinion of the physician, in the
patient’s best interest, the physician should challenge this decision
in the relevant legal or other institution.”
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The principles and procedures for informed consent that were
discussed in the previous section are just as applicable to substitute
decision-making as to patients making their own decisions.
Physicians have the same duty to provide all the information the
substitute decision-makers need to make their decisions. This
involves explaining complex medical diagnoses, prognoses and
treatment regimes in simple language, ensuring that the decision-
makers understand the treatment options, including the advantages
and disadvantages of each, answering any questions they may
have, and understanding whatever decision they reach and, if
possible, the reasons for it.
The principal criteria to be used for treatment decisions for an
incompetent patient are his or her preferences, if these are known.
The preferences may be found in an advance directive or may have
been communicated to the designated substitute decision-maker,
the physician or other members of the healthcare team. When
an incompetent patient’s preferences are not known, treatment
decisions should be based on the patient’s best interests, taking into
account: (a) the patient’s diagnosis and prognosis; (b) the patient’s
knownvalues;(c)informationreceivedfromthosewhoaresignificant
in the patient’s life and who could help in determining his or her best
interests; and (d) aspects of the patient’s culture and religion that
would influence a treatment decision. This approach is less certain
than if the patient has left specific instructions about treatment,
but it does enable the substitute decision-maker to infer, in
light of other choices the patient has made and his or her approach to
life in general, what he or she would decide in the present situation.
Competence to make medical decisions can be difficult to assess,
especially in young people and those whose capacity for reasoning
has been impaired by acute or chronic illness. A person may be
competent to make decisions regarding some aspects of life but
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“…the patient must
be involved in the
decision-making to
the fullest extent
allowed by his/her
capacity”
not others; as well, competence can be intermittent — a person
may be lucid and oriented at certain times of the day and not at
others. Although such patients may not be legally competent,
their preferences should be taken into account when decisions
are being made for them. The Declaration on the Rights of the
Patient states the matter thus: “If a
patient is a minor or otherwise legally
incompetent,the consent of a legally
entitled representative is required
in some jurisdictions. Nevertheless
the patient must be involved in the
decision-making to the fullest extent
allowed by his/her capacity.”
Not infrequently, patients are unable to make a reasoned, well
thought-out decision regarding different treatment options due to the
discomfort and distraction caused by their disease. However, they
may still be able to indicate their rejection of a specific intervention,
an intravenous feeding tube, for example. In such cases, these
expressions of dissent should be taken very seriously, although they
need to be considered in light of the overall goals of their treatment
plan.
Patients suffering from psychiatric or neurological disorders who
are judged to pose a danger to themselves or to others raise
particularly difficult ethical issues. It is important to honour their
human rights, especially the right to freedom, to the greatest extent
possible. Nevertheless, they may have to be confined and/or
treated against their will in order to prevent harm to themselves or
others. A distinction can be made between involuntary confinement
and involuntary treatment. Some patient advocates defend the
right of these individuals to refuse treatment even if they have to
be confined as a result. A legitimate reason for refusing treatment
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“In certain limited
circumstances it is not
unethical to disclose
confidential
information.”
could be painful experience with treatments in the past, for example,
the severe side effects of psychotropic medications. When serving
as substitute decision-makers for such patients, physicians should
ensure that the patients really do pose a danger, and not just an
annoyance, to others or to themselves. They should try to ascertain
the patients’ preferences regarding treatment, and the reasons for
these preferences, even if in the end the preferences cannot be
fulfilled.
CONFIDENTIALITY
The physician’s duty to keep patient information confidential has
been a cornerstone of medical ethics since the time of Hippocrates.
The Hippocratic Oath states: “What
I may see or hear in the course of
the treatment or even outside of
the treatment in regard to the life
of men, which on no account one
must spread abroad, I will keep to
myself holding such things shameful
to be spoken about.” The Oath, and
some more recent versions, allow no exception to this duty of
confidentiality. However, other codes reject this absolutist approach
to confidentiality. For example, the WMA’s International Code
of Medical Ethics states, “It is ethical to disclose confidential
information when the patient consents to it or when there is a real
and imminent threat of harm to the patient or to others and this threat
can be only removed by a breach of confidentiality.” That breaches
of confidentiality are sometimes justified calls for clarification of the
very idea of confidentiality.
The high value that is placed on confidentiality has three sources:
autonomy, respect for others and trust. Autonomy relates to
confidentiality in that personal information about an individual
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belongs to him or her and should not be made known to others
without his or her consent. When an individual reveals personal
information to another, a physician or nurse for example, or when
information comes to light through a medical test, those in the know
are bound to keep it confidential unless authorized to divulge it by
the individual concerned.
Confidentiality is also important because human beings deserve
respect. One important way of showing them respect is by
preserving their privacy. In the medical setting, privacy is often
greatly compromised, but this is all the more reason to prevent
further unnecessary intrusions into a person’s private life. Since
individuals differ regarding their desire for privacy, we cannot
assume that everyone wants to be treated as we would want to
be. Care must be taken to determine which personal information a
patient wants to keep secret and which he or she is willing to have
revealed to others.
Trust is an essential part of the physician-patient relationship. In
order to receive medical care, patients have to reveal personal
information to physicians and others who may be total strangers
to them—information that they would not want anyone else to
know. They must have good reason to trust their caregivers not to
divulge this information. The basis of this trust is the ethical and
legal standards of confidentiality that healthcare professionals are
expected to uphold. Without an understanding that their disclosures
will be kept secret, patients may withhold personal information. This
can hinder physicians in their efforts to provide effective interventions
or to attain certain public health goals.
The WMA Declaration on the Rights of the Patient summarises
the patient’s right to confidentiality as follows:
• All identifiable information about a patient’s health status,
medical condition, diagnosis, prognosis and treatment
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and all other information of a personal kind, must be
kept confidential, even after death. Exceptionally, the
descendants may have a right of access to information that
would inform them of their health risks.
• Confidential information can only be disclosed if the patient
gives explicit consent or if expressly provided for in the law.
Information can be disclosed to other healthcare providers
only on a strictly « need to know » basis unless the patient
has given explicit consent.
• All identifiable patient data must be protected. The
protection of the data must be appropriate to the manner of
its storage. Human substances from which identifiable data
can be derived must be likewise protected.
As this WMA Declaration states, there are exceptions to the
requirement to maintain confidentiality. Some of these are relatively
non-problematic; others raise very difficult ethical issues for
physicians.
Routine breaches of confidentiality occur frequently in most
healthcare institutions. Many individuals – physicians, nurses,
laboratory technicians, students, etc. – require access to a patient’s
health records in order to provide adequate care to that person and,
for students, to learn how to practise medicine. Where patients
speak a different language than their caregivers, there is a need
for interpreters to facilitate communication. In cases of patients
who are not competent to make their own medical decisions, other
individuals have to be given information about them in order to make
decisions on their behalf and to care for them. Physicians routinely
inform the family members of a deceased person about the cause
of death. These breaches of confidentiality are usually justified,
but they should be kept to a minimum and those who gain access
to confidential information should be made aware of the need
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not to spread it any further than is necessary for the patient’s or
descendants’ benefit. Where possible, patients should be informed
that such breaches occur.
Another generally accepted reason for breaching confidentiality is
to comply with legal requirements. For example, many jurisdictions
have laws for the mandatory reporting of patients who suffer from
designated diseases, those deemed not fit to drive and those
suspected of child abuse. Physicians should be aware of the legal
requirements for the disclosure of
patient information where they work.
However, legal requirements can
conflict with the respect for human
rights that underlies medical ethics.
Therefore, physicians should view with
a critical eye any legal requirement
to breach confidentiality and assure
themselves that it is justified before
adhering to it.
If physicians are persuaded to comply with legal requirements to
disclose their patients’ medical information, it is desirable that they
discuss with the patients the necessity of any disclosure before it
occurs and enlist their co-operation. For example, it is preferable
that a patient suspected of child abuse call the child protection
authorities in the physician’s presence to self-report, or that the
physician obtain his or her consent before the authorities are notified.
This approach will prepare the way for subsequent interventions. If
such co-operation is not forthcoming and the physician has reason
to believe any delay in notification may put a child at risk of serious
harm, then the physician ought to immediately notify child protection
authorities and subsequently inform the patient that this has been
done.
“…physicians should
view with a critical
eye any legal
requirement to breach
confidentiality and
assure themselves
that it is justified
before adhering to it.”
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In addition to those breaches of confidentiality that are required
by law, physicians may have an ethical duty to impart confidential
information to others who could be at risk of harm from the patient.
Two situations in which this can occur are when a patient tells a
psychiatrist that he intends to harm another person and when
a physician is convinced that an HIV-positive patient is going to
continue to have unprotected sexual intercourse with his spouse or
other partners.
Conditions for breaching confidentiality when not required by law
are that the expected harm is believed to be imminent, serious (and
irreversible), unavoidable except by unauthorised disclosure, and
greater than the harm likely to result from disclosure. In determining
the proportionality of these respective harms, the physician needs
to assess and compare the seriousness of the harms and the
likelihood of their occurrence. In cases of doubt, it would be wise for
the physician to seek expert advice.
When a physician has determined that the duty to warn justifies an
unauthorised disclosure, two further decisions must be made. Whom
should the physician tell? How much should be told? Generally
speaking, the disclosure should contain only that information
necessary to prevent the anticipated harm and should be directed
only to those who need the information in order to prevent the harm.
Reasonable steps should be taken to minimize the harm and offence
to the patient that may arise from the disclosure. It is recommended
that the physician should inform the patient that confidentiality might
be breached for his or her own protection and that of any potential
victim. The patient’s co-operation should be enlisted if possible.
In the case of an HIV-positive patient, disclosure to a spouse or
current sexual partner may not be unethical and, indeed, may be
justified when the patient is unwilling to inform the person(s) at risk.
Such disclosure requires that all of the following conditions are
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met: the partner is at risk of infection with HIV and has no other
reasonable means of knowing the risk; the patient has refused to
inform his or her sexual partner; the patient has refused an offer of
assistance by the physician to do so on the patient’s behalf; and the
physician has informed the patient of his or her intention to disclose
the information to the partner.
The medical care of suspected and convicted criminals poses
particular difficulties with regard to confidentiality. Although
physicians providing care to those in custody have limited
independence, they should do their best to treat these patients as
they would any others. In particular, they should safeguard
confidentiality by not revealing details of the patient’s medical
condition to prison authorities without first obtaining the patient’s
consent.
BEGINNING-OF-LIFE ISSUES
Many of the most prominent issues in medical ethics relate to the
beginning of human life. The limited scope of this Manual means
that these issues cannot be treated in detail here but it is worth
listing them so that they can be recognized as ethical in nature and
dealt with as such. Each of them has been the subject of extensive
analysis by medical associations, ethicists and government advisory
bodies, and in many countries there are laws, regulations and
policies dealing with them.
• CONTRACEPTION – although there is increasing
international recognition of a woman’s right to control her
fertility, including the prevention of unwanted pregnancies,
physicians still have to deal with difficult issues such as
requests for contraceptives from minors and explaining the
risks of different methods of contraception.
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• ASSISTED REPRODUCTION – for couples (and
individuals) who cannot conceive naturally there are various
techniques of assisted reproduction, such as artificial
insemination and in-vitro fertilization and embryo transfer,
widely available in major medical centres. Surrogate or
substitute gestation is another alternative. None of these
techniques is unproblematic, either in individual cases or
for public policies. The 2006 WMA Statement on Assisted
Reproductive Technologies notes that “whilst consensus
can be reached on some issues, there remain fundamental
differences of opinion that cannot be resolved.” The
statement identifies areas of agreement and also highlights
those matters on which agreement cannot be reached.”
• PRENATAL GENETIC SCREENING – genetic tests are
now available for determining whether an embryo or foetus
is affected by certain genetic abnormalities and whether it
is male or female. Depending on the findings, a decision
can be made whether or not to proceed with pregnancy.
Physicians need to determine when to offer such tests and
how to explain the results to patients.
• ABORTION – this has long been one of the most divisive
issues in medical ethics, both for physicians and for
public authorities. The WMA Statement on Therapeutic
Abortion acknowledges this diversity of opinion and belief
and concludes that “This is a matter of individual conviction
and conscience that must be respected.”
• SEVERELY COMPROMISED NEONATES – because of
extreme prematurity or congenital abnormalities, some
neonates have a very poor prognosis for survival. Difficult
decisions often have to be made whether to attempt to
prolong their lives or allow them to die.
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• RESEARCH ISSUES – these include the production of new
embryos or the use of ‘spare’ embryos (those not wanted
for reproductive purposes) to obtain stem cells for potential
therapeutic applications, testing of new techniques for
assisted reproduction, and experimentation on foetuses.
END-OF-LIFE ISSUES
End-of-life issues range from attempts to prolong the lives of dying
patients through highly experimental technologies, such as the
implantation of animal organs, to efforts to terminate life prematurely
through euthanasia and medically assisted suicide. In between these
extremes lie numerous issues regarding the initiation or withdrawing
of potentially life-extending treatments, the care of terminally ill
patients and the advisability and use of advance directives.
Two issues deserve particular attention: euthanasia and assistance
in suicide.
• EUTHANASIA means knowingly and intentionally performing
an act that is clearly intended to end another person’s life and
that includes the following elements: the subject is a competent,
informed person with an incurable illness who has voluntarily
asked for his or her life to be ended; the agent knows about
the person’s condition and desire to die, and commits the act
with the primary intention of ending the life of that person; and
the act is undertaken with compassion and without personal
gain.
• ASSISTANCE IN SUICIDE means knowingly and intentionally
providing a person with the knowledge or means or both
required to commit suicide, including counselling about lethal
doses of drugs, prescribing such lethal doses or supplying the
drugs.
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Euthanasia and assisted suicide are often regarded as morally
equivalent, although there is a clear practical distinction, and in
some jurisdictions a legal distinction, between them.
Euthanasia and assisted suicide, according to these definitions,
are to be distinguished from the withholding or withdrawal of
inappropriate, futile or unwanted medical treatment or the provision of
compassionate palliative care, even when these practices shorten life.
Requests for euthanasia or assistance in suicide arise as a result of
pain or suffering that is considered by the patient to be intolerable.
They would rather die than continue to live in such circumstances.
Furthermore, many patients consider that they have a right to die if
they so choose, and even a right to assistance in dying. Physicians
are regarded as the most appropriate instruments of death since
they have the medical knowledge and access to the appropriate
drugs for ensuring a quick and painless death.
Physicians are understandably reluctant to implement requests for
euthanasia or assistance in suicide because these acts are illegal
in most countries and are prohibited in most medical codes of
ethics. This prohibition was part of the Hippocratic Oath and has
been emphatically restated by the WMA in its 2005 Statement
on Physician-Assisted Suicide and its 2005 Declaration on
Euthanasia The latter document states:
Euthanasia, that is the act of deliberately ending the life of a
patient, even at the patient’s own request or at the request of
close relatives, is unethical. This does not prevent the physician
from respecting the desire of a patient to allow the natural
process of death to follow its course in the terminal phase
of sickness.
The rejection of euthanasia and assisted suicide does not mean
that physicians can do nothing for the patient with a life-threatening
60
illness that is at an advanced stage and for which curative measures
are not appropriate. The 2006 WMA Declaration of Venice on
Terminal Illness and the 2011 WMA Declaration on End-of-
Life Medical Care provide guidance for assisting such patients,
especially by means of palliative care. In recent years there have
been great advances in palliative care treatments for relieving pain
and suffering and improving quality of life. Palliative care can be
appropriate for patients of all ages, from a child with cancer to a
senior nearing the end of life. One aspect of palliative care that needs
greater attention for all patients is pain control. All physicians who
care for dying patients should ensure
that they have adequate skills in this
domain, as well as, where available,
access to skilled consultative help
from palliative care specialists. Above
all, physicians should not abandon
dying patients but should continue
to provide compassionate care even
when cure is no longer possible.
The approach of death presents many other ethical challenges
for patients, substitute decision-makers and physicians. The
possibility of prolonging life through recourse to drugs, resuscitative
interventions, radiological procedures and intensive care requires
decisions about when to initiate these treatments and when to
withdraw them if they are not working.
As discussed above in relation to communication and consent,
competent patients have the right to refuse any medical treatment,
even if the refusal results in their death. Individuals differ greatly
with regard to their attitude towards dying; some will do anything to
prolong their lives, no matter how much pain and suffering it involves,
while others so look forward to dying that they refuse even simple
measures that are likely to keep them alive, such as antibiotics for
“…physicians should
not abandon dying
patients but should
continue to provide
compassionate care
even when cure is no
longer possible.”
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bacterial pneumonia. Once physicians have made every effort to
provide patients with information about the available treatments and
their likelihood of success, they must respect the patients’ decisions
about the initiation or continuation of any treatment.
End-of-life decision-making for incompetent patients presents
greater difficulties. If patients have clearly expressed their wishes in
advance, for example in an advance directive, the decision will be
easier, although such directives are often very vague and need to be
interpreted with respect to the patient’s actual condition. If patients
have not adequately expressed their wishes, the appropriate
substitute decision-maker must use another criterion for treatment
decisions, namely, the best interests of the patient.
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BACK TO THE CASE STUDY
According to the analysis of the physician-
patient relationship presented in this chapter,
Dr. P’s conduct was deficient in several
respects: (1) COMMUNICATION – he
made no attempt to communicate with the
patient regarding the cause of her condition,
treatment options or her ability to afford to
stay in the hospital while she recovered;
(2) CONSENT – he did not obtain her
informed consent to treatment:
(3) COMPASSION – his dealings with her
displayed little compassion for her plight.
His surgical treatment may have been highly
competent and he may have been tired at the
end of a long shift, but that does not excuse
the breaches of ethics.
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64
CHAPTER THREE –
PHYSICIANS AND SOCIETY
Looking AIDS in the Face
© Gideon Mendel/CORBIS
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OBJECTIVES
After working through this chapter you should be able to:
· recognize conflicts between the physician’s obligations
to patients and to society and identify the reasons for the
conflicts
· identify and deal with the ethical issues involved in allocating
scarce medical resources
· recognize physician responsibilities for public and global
health.
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WHAT’S SPECIAL ABOUT THE PHYSICIAN-
SOCIETY RELATIONSHIP?
Medicine is a profession. The term ‘profession’ has two distinct,
although closely related, meanings: (1) an occupation that is
characterized by dedication to the well-being of others, high moral
standards, a body of knowledge and skills, and a high level of
autonomy; and (2) all the individuals who practise that occupation.
‘The medical profession’ can mean either the practice of medicine
or physicians in general.
Medical professionalism involves not just the relationship between
a physician and a patient, as discussed in Chapter Two, and
relationships with colleagues and other health professionals, which
will be treated in Chapter Four. It also involves a relationship with
society. This relationship can be characterized as a ‘social contract’
whereby society grants the profession privileges, including exclusive
or primary responsibility for the provision of certain services and a
high degree of self-regulation, and in return, the profession agrees
CASE STUDY #2
Dr. S is becoming increasingly frustrated with
patients who come to her either before or
after consulting another health practitioner for
the same ailment. She considers this to be a
waste of health resources as well as counter-
productive for the health of the patients.
She decides to tell these patients that she
will no longer treat them if they continue
to see other practitioners for the same
ailment. She intends to approach her national
medical association to lobby the government
to prevent this form of misallocation of
healthcare resources.
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to use these privileges primarily for the benefit of others and only
secondarily for its own benefit.
Medicine is today, more than ever
before, a social rather than a strictly
individual activity. It takes place in a
context of government and corporate
organisation and funding. It relies
on public and corporate medical
research and product development for
its knowledge base and treatments. It requires complex healthcare
institutions for many of its procedures. It treats diseases and
illnesses that are as much social as biological in origin.
The Hippocratic tradition of medical ethics has little guidance to offer
with regard to relationships with society. To supplement this tradition,
present-day medical ethics addresses the issues that arise beyond
the individual patient-physician relationship and provides criteria
and processes for dealing with these issues.
To speak of the ‘social’ character of medicine immediately raises
the question – what is society? In this Manual the term refers to
a community or nation. It is not synonymous with government;
governments should, but often do not, represent the interests of
society, but even when they do, they are acting for society, not as
society.
Physicians have various relationships with society. Because society,
and its physical environment, are important factors in the health
of patients, both the medical profession in general and individual
physicians have significant roles to play in public health, health
education, environmental protection, laws affecting the health or
well-being of the community, and testimony at judicial proceedings.
As the WMA Declaration on the Rights of the Patient puts it:
“Wheneverlegislation,governmentactionoranyotheradministration
“Medicine is today,
more than ever before,
a social rather than
a strictly individual
activity.”
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or institution denies patients [their] rights, physicians should pursue
appropriate means to assure or to restore them.” Physicians are
also called upon to play a major role in the allocation of society’s
scarce healthcare resources, and sometimes they have a duty to
prevent patients from accessing services to which they are not
entitled. Implementing these responsibilities can raise ethical
conflicts, especially when the interests of society seem to conflict
with those of individual patients.
DUAL LOYALTY
When physicians have responsibilities and are accountable both to
their patients and to a third party and when these responsibilities and
accountabilities are incompatible, they find themselves in a situation
of ‘dual loyalty’. Third parties that demand physician loyalty include
governments, employers (e.g., hospitals and managed healthcare
organizations), insurers, military officers, police, prison officials and
family members.Although the WMAInternational Code of Medical
Ethics states that “A physician shall owe his/her patients complete
loyalty,” it is generally accepted
that physicians may in exceptional
situations have to place the interests
of others above those of the patient.
The ethical challenge is to decide
when and how to protect the patient
in the face of pressures from third
parties.
Dual loyalty situations comprise a spectrum ranging from those
where society’s interests should take precedence to those where
the patient’s interests are clearly paramount. In between is a large
grey area where the right course of action requires considerable
discernment.
“…physicians may in
exceptional situations
have to place the
interests of others
above those of the
patient.”
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At one end of the spectrum are requirements for mandatory reporting
of patients who suffer from designated diseases, those deemed not
fit to drive or those suspected of child abuse. Physicians should fulfil
these requirements without hesitation, although patients should be
informed that such reporting will take place.
At the other end of the spectrum are requests or orders by the police
or military to take part in practices that violate fundamental human
rights, such as torture. In its 2007 Resolution on the Responsibility
of Physicians in the Denunciation of Acts of Torture or Cruel
or Inhuman or Degrading Treatment of which They are Aware,
the WMA provides specific guidance to physicians who are in this
situation. In particular, physicians should guard their professional
independence to determine the best interests of the patient and
should observe, as far as possible, the normal ethical requirements
ofinformedconsentandconfidentiality.Any
breach of these requirements must be
justified and must be disclosed to the
patient.Physiciansshouldreporttothe
appropriate authorities any unjustified
interference in the care of their
patients, especially if fundamental
human rights are being denied. If the
authorities are unresponsive, help
may be available from a national
medical association, the WMA and
human rights organizations.
Closer to the middle of the spectrum are the practices of some
managed healthcare programmes that limit the clinical autonomy
of physicians to determine how their patients should be treated.
Although such practices are not necessarily contrary to the best
interests of patients, they can be, and physicians need to consider
carefully whether they should participate in such programmes. If
“Physicians should
report to the
appropriate authorities
any unjustified
interference in
the care of their
patients, especially if
fundamental human
rights are being
denied.”
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they have no choice in the matter, for example, where there are no
alternative programmes, they should advocate vigorously for their
own patients and, through their medical associations, for the needs
of all the patients affected by such restrictive policies.
A particular form of a dual loyalty issue faced by physicians is
the potential or actual conflict of interest between a commercial
organization on the one hand and patients and/or society on the
other. Pharmaceutical companies, medical device manufacturers
and other commercial organizations frequently offer physicians
gifts and other benefits that range from free samples to travel and
accommodation at educational events to excessive remuneration
for research activities (see Chapter Five). A common underlying
motive for such company largesse is to convince the physician to
prescribe or use the company’s products, which may not be the best
ones for the physician’s patients and/or may add unnecessarily to a
society’s health costs. The WMA’s 2009 Statement Concerning the
Relationship between Physicians and Commercial Enterprises
provides guidelines for physicians in
such situations and many national
medical associations have their
own guidelines. The primary ethical
principle underlying these guidelines
is that physicians should resolve any
conflict between their own interests
and those of their patients in their
patients’ favour.
RESOURCE ALLOCATION
In every country in the world, including the richest ones, there is an
already wide and steadily increasing gap between the needs and
desires for healthcare services and the availability of resources to
“…physicians should
resolve any conflict
between their own
interests and those of
their patients in their
patients’ favour. ”
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provide these services. This gap requires that the existing resources
be rationed in some manner. Healthcare rationing, or ‘resource
allocation’ as it is more commonly referred to, takes place at three
levels:
• At the highest (‘macro’) level, governments decide how much
of the overall budget should be allocated to health; which
healthcare expenses will be provided at no charge and which
will require payment either directly from patients or from their
medical insurance plans; within the health budget, how much
will go to remuneration for physicians, nurses and other heath
care workers, to capital and operating expenses for hospitals
and other institutions, to research, to education of health
professionals, to treatment of specific conditions such as
tuberculosis or AIDS, and so on.
• At the institutional (‘meso’) level, which includes hospitals,
clinics, healthcare agencies, etc., authorities decide which
services to provide; how much to spend on staff, equipment,
security, other operating expenses, renovations, expansion, etc.
• At the individual patient (‘micro’) level, healthcare providers,
especially physicians, decide what tests should be ordered,
whether a referral to another physician is needed, whether the
patient should be hospitalised, whether a brand-name drug is
required rather than a generic one, etc. It has been estimated
that physicians are responsible for initiating 80% of healthcare
expenditures, and despite the growing encroachment of
managed care, they still have considerable discretion as to
which resources their patients will have access.
The choices that are made at each level have a major ethical
component, since they are based on values and have significant
consequences for the health and well-being of individuals and
communities. Although individual physicians are affected by
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decisions at all levels, they have the greatest involvement at
the micro-level. Accordingly, this will be the focus of what
follows.
As noted above, physicians were traditionally expected to act solely
in the interests of their own patients, without regard to the needs
of others. Their primary ethical values of compassion, competence
and autonomy were directed towards serving the needs of their own
patients. This individualistic approach to medical ethics survived the
transition from physician paternalism to patient autonomy, where the
will of the individual patient became the main criterion for deciding
what resources he or she should receive. More recently, however,
another value, justice, has become an important factor in medical
decision-making. It entails a more
social approach to the distribution
of resources, one that considers the
needs of other patients. According
to this approach, physicians are
responsible not just for their own
patients but, to a certain extent, for
others as well.
This new understanding of the physician’s role in allocating
resources is expressed in many national medical association codes
of ethics and, as well, in the WMA Declaration on the Rights of
the Patient, which states: “In circumstances where a choice must
be made between potential patients for a particular treatment that
is in limited supply, all such patients are entitled to a fair selection
procedure for that treatment. That choice must be based on medical
criteria and made without discrimination.”
One way that physicians can exercise their responsibility for the
allocation of resources is by avoiding wasteful and inefficient
practices, even when patients request them. The overuse of
“…physicians are
responsible not
just for their own
patients but, to a
certain extent, for
others as well. ”
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antibiotics is just one example of
a practice that is both wasteful
and harmful. Many other common
treatments have been shown in
randomized clinical trials to be
ineffective for the conditions for
which they are used. Clinical practice
guidelines are available for many
medical conditions; they help to
distinguish between effective and
ineffective treatments. Physicians
should familiarize themselves with these guidelines, both to
conserve resources and to provide optimal treatment to their
patients.
A type of allocation decision that many physicians must make
is the choice between two or more patients who are in need of
a scarce resource such as emergency staff attention, the one
remaining intensive care bed, organs for transplantation, high-tech
radiological tests, and certain very expensive drugs. Physicians who
exercise control over these resources must decide which patients
will have access to them and which will not, knowing full well that
those who are denied may suffer, and even die, as a result.
Some physicians face an additional conflict in allocating resources,
in that they play a role in formulating general policies that affect
their own patients, among others. This conflict occurs in hospitals
and other institutions where physicians hold administrative
positions or serve on committees where policies are recommended
or determined. Although many physicians attempt to detach
themselves from their preoccupation with their own patients, others
may try to use their position to advance the cause of their patients
over others with greater needs.
“One way that
physicians can
exercise their
responsibility for
the allocation of
resources is by
avoiding wasteful and
inefficient practices,
even when patients
request them. ”
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In dealing with these allocation issues, physicians must not
only balance the principles of compassion and justice but, in doing
so, must decide which approach to justice is preferable. There are
several such approaches, including the following:
• LIBERTARIAN – resources should be distributed according to
market principles (individual choice conditioned by ability and
willingness to pay, with limited charity care for the destitute);
• UTILITARIAN – resources should be distributed according to
the principle of maximum benefit for all;
• EGALITARIAN – resources should be distributed strictly
according to need;
• RESTORATIVE – resources should be distributed so as to
favour the historically disadvantaged.
As noted above, physicians have been gradually moving away from
the traditional individualism of medical ethics, which would favour
the libertarian approach, towards a more social conception of their
role. For example, the WMA Statement on Access to Health Care
says that “No one who needs care should be denied it because of
inability to pay. Society has an obligation to provide a reasonable
subsidy for care of the needy, and physicians have an obligation to
participate to a reasonable degree in such subsidized care.” Even
if the libertarian approach is generally rejected, however, medical
ethicists have reached no consensus on which of the other three
approaches is superior. Each one clearly has very different results
when applied to the issues mentioned above, that is, deciding what
tests should be ordered, whether a referral to another physician
is needed, whether the patient should be hospitalised, whether
a brand-name drug is required rather than a generic one, who
gets the organ for transplantation, etc. The utilitarian approach
is probably the most difficult for individual physicians to practise,
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“…physicians
…have a responsibility
to advocate for
expansion of these
resources where they
are insufficient to
meet patient
needs.”
since it requires a great deal of
data on the probable outcomes of
different interventions, not just for
the physician’s own patients but for
all others. The choice between the
other two (or three, if the libertarian
is included) will depend on the
physician’s own personal morality as
well as the socio-political environment
in which he or she practises. Some countries, such as the
U.S.A., favour the libertarian approach; others, e.g., Sweden,
are known for their egalitarianism; while still others, such as
South Africa, are attempting a restorative approach. Many health
planners promote utilitarianism. Despite their differences, two or
more of these concepts of justice often coexist in national health
systems, and in these countries physicians may be able to choose
a practice setting (e.g., public or private) that accords with their own
approach.
In addition to whatever roles physicians may have in allocating
existing healthcare resources, they also have a responsibility
to advocate for expansion of these
resources where they are insufficient
to meet patient needs. This usually
requires that physicians work together,
in their professional associations,
to convince decision-makers in
government and elsewhere of the
existence of these needs and how
best to meet them, both within their
own countries and globally.
“…choice …will depend
on the physician’s
own personal morality
as well as the socio-
political environment
in which he or she
practises.”
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“all physicians need to
be aware of the social
and environmental
determinants that
influence the health
status of their
individual patients.”
PUBLIC HEALTH
20th century medicine witnessed the emergence of an unfortunate
division between ‘public health’ and other healthcare (presumably
‘private’ or ‘individual’ health). It is unfortunate because, as noted
above, the public is made up of individuals, and measures designed
to protect and enhance the health of the public result in health
benefits for individuals.
Confusion also arises if ‘public health’ is taken to mean ‘publicly-
funded healthcare’ (i.e., healthcare funded through a country’s
taxation system or a compulsory universal insurance system) and
seen as the opposite of ‘privately-funded healthcare’(i.e., healthcare
paid for by the individual or through private health insurance and
usually not universally available).
The term ‘public health’, as understood here, refers both to the health
of the public and also to the medical specialty that deals with health
from a population perspective rather than on an individual basis.
There is a great need for specialists
in this field in every country to advise
on and advocate for public policies
that promote good health as well as
to engage in activities to protect the
public from communicable diseases
and other health hazards. The practice
of public health (sometimes called
‘public health medicine’ or ‘community
medicine’) relies heavily for its scientific basis on epidemiology,
which is the study of the distribution and determinants of health and
disease in populations. Indeed, some physicians go on to take extra
academic training and become medical epidemiologists. However,
all physicians need to be aware of the social and environmental
determinants that influence the health status of their individual
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patients. As the WMA Statement on Health Promotion notes:
“Medical practitioners and their professional associations have an
ethical duty and professional responsibility to act in the best interests
of their patients at all times and to integrate this responsibility with a
broader concern for and involvement in promoting and assuring the
health of the public.”
Public health measures such as vaccination campaigns and
emergency responses to outbreaks of contagious diseases are
important factors in the health of individuals but social factors such
as housing, nutrition and employment are equally, if not more,
significant. Physicians are seldom able to treat the social causes
of their individual patients’ illnesses, although they should refer the
patients to whatever social services are available. However, they can
contribute, even if indirectly, to long-term solutions to these problems
by participating in public health and health education activities,
monitoring and reporting environmental hazards, identifying and
publicizing adverse health effects from social problems such as
abuse and violence, and advocating for improvements in public
health services.
Sometimes, though, the interests of public health may conflict with
those of individual patients, for example, when a vaccination that
carries a risk of an adverse reaction will prevent an individual from
transmitting a disease but not from contracting it, or when notification
is required for certain contagious diseases, for cases of child or
elder abuse, or for conditions that may render certain activities, such
as driving a car or piloting an aircraft, dangerous to the individual
and to others. These are examples of dual-loyalty situations as
described above. Procedures for dealing with these and related
situations are discussed under ‘confidentiality’ in Chapter Two of
this Manual. In general, physicians should attempt to find ways to
minimise any harm that individual patients might suffer as a result
of meeting public health requirements. For example, when reporting
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is required, the patient’s confidentiality should be protected to the
greatest extent possible while fulfilling the legal requirements.
A different type of conflict between the interests of individual
patients and those of society arises when physicians are asked to
assist patients to receive benefits to which they are not entitled, for
example, insurance payments or sick-leave. Physicians have been
vested with the authority to certify that patients have the appropriate
medical condition that would qualify them for such benefits.Although
some physicians are unwilling to deny requests from patients for
certificates that do not apply in their circumstances, they should
rather help their patients find other means of support that do not
require unethical behaviour.
GLOBAL HEALTH
The recognition that physicians have responsibilities to the society
in which they live has been expanded in recent years to include a
responsibility for global health. This term has been defined as health
problems, issues and concerns that transcend national boundaries,
that may be influenced by circumstances or experiences in other
countries, and that are best addressed by cooperative actions and
solutions. Global health is part of the much larger movement of
globalization that encompasses information exchange, commerce,
politics, tourism and many other human activities.
The basis of globalization is
the recognition that individuals
and societies are increasingly
interdependent. This is clearly evident
with regard to human health, as the
rapid spread of diseases such as
influenza and SARS has shown. Such
epidemics require international action
“The failure to
recognize and treat
highly contagious
diseases by a physician
in one country can have
devastating effects
on patients in other
countries.”
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for their control. The failure to recognize and treat highly contagious
diseases by a physician in one country can have devastating effects
on patients in other countries. For this reason, the ethical obligations
of physicians extend far beyond their individual patients and even
their communities and nations.
The development of a global view of health has resulted in an
increasing awareness of health disparities throughout the world.
Despite large-scale campaigns to combat premature mortality and
debilitating morbidity in the poorest countries, which have resulted
in certain success stories such as the elimination of smallpox,
the gap in health status between high and low-income countries
continues to widen. This is partly due to HIV/AIDS, which has had
its worst effects in poor countries, but it is also due to the failure of
many low-income countries to benefit from the increase in wealth
that the world as a whole has experienced during the past decades.
Although the causes of poverty are largely political and economic
and are therefore far beyond the control of physicians and their
associations, physicians do have to deal with the ill-health that is
the result of poverty. In low-income countries physicians have few
resources to offer these patients and are constantly faced with the
challenge of allocating these resources in the fairest way. Even in
middle- and high-income countries, though, physicians encounter
patients who are directly affected by globalization, such as refugees,
and who sometimes do not have access to the medical coverage
that citizens of those countries enjoy.
Another feature of globalization is the international mobility of health
professionals, including physicians. The outflow of physicians from
developing to highly industrialized countries has been advantageous
for both the physicians and the receiving countries but not so for the
exporting countries. The WMA, in its Ethical Guidelines for the
International Migration of Health Workers, states that physicians
should not be prevented from leaving their home or adopted country
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to pursue career opportunities in another country. It does, however,
call on every country to do its utmost to educate an adequate
number of physicians, taking into account its needs and resources,
and not to rely on immigration from other countries to meet its need
for physicians.
Physicians in the industrialized countries have a long tradition
of providing their experience and skills to developing countries.
This takes many forms: emergency medical aid coordinated by
organizations such as the Red Cross and Red Crescent Societies
and Médecins sans Frontières, short-term surgical campaigns
to deal with conditions such as cataracts or cleft palates, visiting
faculty appointments in medical schools, short- or long-term medical
research projects, provision of medicines and medical equipment,
etc. Such programmes exemplify the positive side of globalization
and serve to redress, at least partially, the movement of physicians
from poorer to wealthier countries.
PHYSICIANS AND THE ENVIRONMENT
A major threat to both public health and global health is the
deterioration of the environment. The 2006 WMA Statement on
the Role of Physicians in Environmental Issues states that
“The effective practice of medicine increasingly requires that
physicians and their professional associations turn their attention to
environmental issues that have a bearing on the health of individuals
and population.” These issues include air, water and soil pollution,
unsustainable deforestation and fishing, and the proliferation of
hazardous chemicals in consumer products. But perhaps the most
serious environmental challenge to health is climate change. The
2009 WMA Declaration of Delhi on Health and Climate Change
notes that “Climate change currently contributes to the global burden
of disease and premature deaths….. At this early stage the effects
are small but are projected to progressively increase in all countries
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and regions.” The document encourages individual physicians and
medical associations to educate patients and communities about
the potential consequences of global warming for health and to
lobby governments and industries to significantly reduce carbon
emissions and other contributors to climate change.
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BACK TO THE CASE STUDY
According to the analysis of the physician-
society relationship presented in this chapter,
Dr. S is right to consider the impact on
society of her patient’s behaviour.
Even if the consultations with the other
health practitioner occur outside of the health
system in which Dr. S works and therefore do
not entail any financial cost to society,
the patient is taking up Dr. S’s time that could
be devoted to other patients in need of her
services. However, physicians such as
Dr. S must be cautious in dealing with
situations such as this. Patients are often
unable to make fully rational decisions for a
variety of reasons and may need considerable
time and health education to come to an
understanding of what is in the best interests
of themselves and of others. Dr. S is also
right to approach her medical association to
seek a societal solution to this problem,
since it affects not just herself and this one
patient but other physicians and patients
as well.
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84
CHAPTER FOUR –
PHYSICIANS AND COLLEAGUES
Medical team going over a case
© Pete Saloutos/CORBIS
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OBJECTIVES
After working through this chapter you should be able to:
· describe how physicians should behave towards one
another
· justify reporting unethical behaviour of colleagues
· identify the main ethical principles relating to cooperation
with others in the care of patients
· explain how to resolve conflicts with other healthcare
providers
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CASE STUDY #3
Dr. C, a newly appointed anaesthetist in a
city hospital, is alarmed by the behaviour of
the senior surgeon in the operating room.
The surgeon uses out-of-date techniques
that prolong operations and result in greater
post-operative pain and longer recovery
times. Moreover, he makes frequent crude
jokes about the patients that obviously bother
the assisting nurses. As a more junior staff
member, Dr. C is reluctant to criticize the
surgeon personally or to report him to higher
authorities. However, he feels that he must do
something to improve the situation.
CHALLENGES TO MEDICAL AUTHORITY
Physicians belong to a profession
that has traditionally functioned in
an extremely hierarchical fashion,
both internally and externally.
Internally, there are three overlapping
hierarchies: the first differentiates
among specialties, with some being
considered more prestigious, and
better remunerated, than others; the second is within specialties,
with academics being more influential than those in private or public
practice; the third relates to the care of specific patients, where the
primary caregiver is at the top of the hierarchy and other physicians,
even those with greater seniority and/or skills, serve simply as
consultants unless the patient is transferred to their care. Externally,
physicians have traditionally been at the top of the hierarchy of
caregivers, above nurses and other health professionals.
“Physicians belong
to a profession that
has traditionally
functioned in an
extremely hierarchical
fashion”
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This chapter will deal with ethical issues that arise in both internal
and external hierarchies. Some issues are common to both; others
are found only in one or the other. Many of these issues are relatively
new, since they result from recent changes in medicine and health-
care.Abrief description of these changes is in order, since they pose
major challenges to the traditional exercise of medical authority.
With the rapid growth in scientific knowledge and its clinical
applications, medicine has become increasingly complex. Individual
physicians cannot possibly be experts in all their patients’ diseases
and potential treatments and they need the assistance of other
specialist physicians and skilled health professionals such as
nurses, pharmacists, physiotherapists, laboratory technicians,
social workers and many others. Physicians need to know how to
access the relevant skills that their patients require and that they
themselves lack.
As discussed in Chapter Two, medical paternalism has been
gradually eroded by the increasing recognition of the right of patients
to make their own medical decisions. As a result, a cooperative
model of decision-making has replaced the authoritarian model
that was characteristic of traditional
medical paternalism. The same
thing is happening in relationships
between physicians and other
health professionals. The latter
are increasingly unwilling to follow
physicians’ orders without knowing
the reasons behind the orders. They
see themselves as professionals with
specific ethical responsibilities towards patients; if their perception
of these responsibilities conflicts with the physician’s orders, they
feel that they must question or even challenge the orders. Whereas
under the hierarchical model of authority, there was never any doubt
“…a cooperative model
of decision-making
has replaced the
authoritarian model
that was characteristic
of traditional medical
paternalism.”
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about who was in charge and who should prevail when conflict
occurred, the cooperative model can give rise to disputes about
appropriate patient care.
Developments such as these are changing the ‘rules of the game’
for the relationships of physicians with their medical colleagues and
other health professionals. The remainder of this chapter will identify
some problematic aspects of these relationships and suggest ways
of dealing with them.
RELATIONSHIPS WITH PHYSICIAN
COLLEAGUES, TEACHERS AND STUDENTS
As members of the medical profession, physicians have traditionally
been expected to treat each other more as family members than
as strangers or even as friends. The WMA Declaration of Geneva
includes the pledge, “My colleagues will be my sisters and brothers.”
The interpretation of this requirement has varied from country to
country and over time. For example, where fee-for-service was the
principal or only form of remuneration for physicians, there was a
strong tradition of ‘professional courtesy’ whereby physicians did
not charge their colleagues for medical treatment. This practice has
declined in countries where third-party reimbursement is available.
Besides the positive requirements to treat one’s colleagues
respectfully and to work cooperatively to maximize patient care,
the WMA International Code of Medical Ethics contains two
restrictions on physicians’ relationships with one another: (1) paying
or receiving any fee or any other consideration solely to procure
the referral of a patient; and (2) stealing patients from colleagues.
A third obligation, to report unethical or incompetent behaviour by
colleagues, is discussed below.
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In the Hippocratic tradition of medical ethics, physicians owe special
respect to their teachers. The Declaration of Geneva puts it this
way: “I will give to my teachers the respect and gratitude that is their
due.” Although present-day medical education involves multiple
student-teacher interactions rather than the one-on-one relationship
of former times, it is still dependent on the good will and dedication
of practising physicians, who often receive no remuneration for their
teaching activities. Medical students and other medical trainees
owe a debt of gratitude to their teachers, without whom medical
education would be reduced to self-instruction.
For their part, teachers have an
obligation to treat their students
respectfully and to serve as good
role models in dealing with patients.
The so-called ‘hidden curriculum’ of
medical education, i.e., the standards
of behaviour exhibited by practising
physicians, is much more influential
than the explicit curriculum of medical
ethics, and if there is a conflict between the requirements of ethics
and the attitudes and behaviour of their teachers, medical students
are more likely to follow their teachers’ example.
Teachers have a particular obligation not to require students to
engage in unethical practices. Examples of such practices that
have been reported in medical journals include medical students
obtaining patient consent for medical treatment in situations where
a fully qualified health professional should do this, performing pelvic
examinations on anaesthetized or newly dead patients without
consent, and performing unsupervised procedures that, although
minor (e.g., I-V insertion), are considered by some students to
be beyond their competence. Given the unequal power balance
between students and teachers and the consequent reluctance of
“…teachers have an
obligation to treat their
students respectfully
and to serve as good
role models in dealing
with patients.”
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students to question or refuse such
orders, teachers need to ensure that
they are not requiring students to act
unethically. In many medical schools,
there are class representatives or
medical student associations that,
among their other roles, may be
able to raise concerns about ethical
issues in medical education. Students
concerned about ethical aspects of their education should have
access to such mechanisms where they can raise concerns without
necessarily being identified as the whistle-blower, as well as access
to appropriate support if it becomes necessary to take the issue to
a more formal process.
For their part, medical students are expected to exhibit high
standards of ethical behaviour as appropriate for future physicians.
They should treat other students as colleagues and be prepared to
offer help when it is needed, including corrective advice in regard
to unprofessional behaviour. They should also contribute fully to
shared projects and duties such as study assignments and on-call
service.
REPORTING UNSAFE OR
UNETHICAL PRACTICES
Medicine has traditionally taken pride in its status as a self-
regulating profession. In return for the privileges accorded to it by
society and the trust given to its members by their patients, the
medical profession has established high standards of behaviour for
its members and disciplinary procedures to investigate accusations
of misbehaviour and, if necessary, to punish the wrongdoers. This
system of self-regulation has often failed, and in recent years
steps have been taken to make the profession more accountable,
“Students concerned
about ethical aspects
of their education
should have access
to such mechanisms
where they can raise
concerns”
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for example, by appointing lay members to regulatory authorities.
The main requirement for self-regulation, however, is wholehearted
support by physicians for its principles and their willingness to
recognise and deal with unsafe and unethical practices.
This obligation to report incompetence, impairment or misconduct
of one’s colleagues is emphasised in codes of medical ethics. For
example, the WMA International Code of Medical Ethics states
that “A physician shall…report to the appropriate authorities those
physicians who practice unethically or incompetently or who engage
in fraud or deception.” The application of this principle is seldom easy,
however. On the one hand, a physician may be tempted to attack
the reputation of a colleague for unworthy personal motives, such
as jealousy, or in retaliation for a perceived insult by the colleague. A
physician may also be reluctant to report a colleague’s misbehaviour
because of friendship or sympathy (“there but for the grace of God
go I”). The consequences of such reporting can be very detrimental
to the one who reports, including almost certain hostility on the part
of the accused and possibly other colleagues as well.
Despite these drawbacks to reporting wrongdoing, it is a professional
duty of physicians. Not only are they responsible for maintaining
the good reputation of the profession,
but they are often the only ones who
recognise incompetence, impairment
or misconduct. However, reporting
colleagues to the disciplinary authority
should normally be a last resort after
other alternatives have been tried and
found wanting. The first step might be
to approach the colleague and say
that you consider his or her behaviour
unsafe or unethical. If the matter can be resolved at that level,
there may be no need to go farther. If not, the next step might be to
“…reporting
colleagues to the
disciplinary authority
should normally be a
last resort after other
alternatives have
been tried and found
wanting”
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discuss the matter with your and/or the offender’s supervisor and
leave the decision about further action to that person. If this tactic is
not practical or does not succeed, then it may be necessary to take
the final step of informing the disciplinary authority.
RELATIONSHIPS WITH OTHER HEALTH
PROFESSIONALS
Chapter Two on relationships with patients began with a discussion
of the great importance of respect and equal treatment in the
physician-patient relationship. The principles set forth in that
discussion are equally relevant for relationships with co-workers. In
particular, the prohibition against discrimination on grounds such as
“age, disease or disability, creed, ethnic origin, gender, nationality,
political affiliation, race, sexual orientation, social standing or
any other factor” (WMA Declaration of Geneva) is applicable in
dealings with all those with whom physicians interact in caring for
patients and other professional activities.
Non-discrimination is a passive characteristic of a relationship.
Respect is something more active and positive. With regard to other
healthcare providers, whether physicians, nurses, auxiliary health
workers, etc., it entails an appreciation of their skills and experience
insofar as these can contribute to the care of patients. All healthcare
providers are not equal in terms of their education and training, but
they do share a basic human equality as well as similar concern for
the well-being of patients.
As with patients, though, there are legitimate grounds for refusing
to enter or for terminating a relationship with another healthcare
provider. These include lack of confidence in the ability or integrity
of the other person and serious personality clashes. Distinguishing
these from less worthy motives can require considerable ethical
sensitivity on the physician’s part.
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COOPERATION
Medicine is at the same time a highly individualistic and a highly
cooperative profession. On the one hand, physicians are quite
possessive of ‘their’ patients. It is claimed, with good reason, that
the individual physician-patient relationship is the best means of
attaining the knowledge of the patient and continuity of care that
are optimal for the prevention and treatment of illness. The retention
of patients also benefits the physician, at least financially. At the
same time, as described above, medicine is highly complex and
specialized, thus requiring close cooperation among practitioners
with different but complementary knowledge and skills. This tension
between individualism and cooperation has been a recurrent theme
in medical ethics.
The weakening of medical paternalism
has been accompanied by the
disappearance of the belief that
physicians ‘own’ their patients. The
traditional right of patients to ask for
a second opinion has been expanded
to include access to other healthcare
providers who may be better able
to meet their needs. According to
the WMA Declaration on the Rights
of the Patient, “The physician has an obligation to cooperate in
the coordination of medically indicated care with other healthcare
providers treating the patient.” However, as noted above, physicians
are not to profit from this cooperation by fee-splitting.
These restrictions on the physician’s ‘ownership’ of patients need
to be counterbalanced by other measures that are intended to
safeguard the primacy of the patient-physician relationship. For
example, a patient who is being treated by more than one physician,
“The weakening of
medical paternalism
has been accompanied
by the disappearance
of the belief that
physicians ‘own’ their
patients.”
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which is usually the case in a hospital, should, wherever possible,
have one physician coordinating the care who can keep the patient
informed about his or her overall progress and help the patient make
decisions.
Whereas relationships among physicians are governed by generally
well-formulated and understood rules, relationships between
physicians and other healthcare professionals are in a state of flux
and there is considerable disagreement about what their respective
roles should be. As noted above, many nurses, pharmacists,
physiotherapists and other professionals consider themselves to be
more competent in their areas of patient care than are physicians
and see no reason why they should not be treated as equals to
physicians. They favour a team approach to patient care in which
the views of all caregivers are given equal consideration, and
they consider themselves accountable to the patient, not to the
physician. Many physicians, on the other hand, feel that even if the
team approach is adopted, there has to be one person in charge,
and physicians are best suited for that role given their education
and experience.
Although some physicians may resist challenges to their traditional,
almost absolute, authority, it seems certain that their role will
change in response to claims by both patients and other healthcare
providers for greater participation in medical decision-making.
Physicians will have to be able to justify their recommendations to
others and persuade them to accept these recommendations. In
addition to these communication skills, physicians will need to be
able to resolve conflicts that arise among the different participants in
the care of the patient.
A particular challenge to cooperation in the best interests of patients
resultsfromtheirrecoursetotraditionaloralternativehealthproviders
(‘healers’). These individuals are consulted by a large proportion of
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the population in Africa and Asia and increasingly so in Europe and
the Americas. Although some would consider the two approaches
as complementary, in many situations they may be in conflict.
Since at least some of the traditional and alternative interventions
have therapeutic effects and are sought out by patients, physicians
should explore ways of cooperation with their practitioners. How this
can be done will vary from one country to another and from one type
of practitioner to another. In all such interactions the well-being of
patients should be the primary consideration.
CONFLICT RESOLUTION
Although physicians can experience many different types of conflicts
with other physicians and healthcare providers, for example, over
office procedures or remuneration,
the focus here will be on conflicts
about patient care. Ideally, healthcare
decisions will reflect agreement
among the patient, physicians and
all others involved in the patient’s
care. However, uncertainty and
diverse viewpoints can give rise to
disagreement about the goals of
care or the means of achieving those
goals. Limited healthcare resources and organisational policies may
also make it difficult to achieve consensus.
Disagreements among healthcare providers about the goals of
care and treatment or the means of achieving those goals should
be clarified and resolved by the members of the healthcare team
so as not to compromise their relationships with the patient.
Disagreements between healthcare providers and administrators
with regard to the allocation of resources should be resolved within
the facility or agency and not be debated in the presence of the
“…uncertainty and
diverse viewpoints
can give rise to
disagreement about
the goals of care or
the means of achieving
those goals.”
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patient. Since both types of conflicts are ethical in nature, their
resolution can benefit from the advice of a clinical ethics committee
or an ethics consultant where such resources are available.
The following guidelines can be useful for resolving such conflicts:
• Conflicts should be resolved as informally as possible, for
example, through direct negotiation between the persons
who disagree, moving to more formal procedures only
when informal measures have been unsuccessful.
• The opinions of all those directly involved should be elicited
and given respectful consideration.
• The informed choice of the patient, or authorized substitute
decision-maker, regarding treatment should be the primary
consideration in resolving disputes.
• If the dispute is about which options the patient should be
offered, a broader rather than a narrower range of options is
usually preferable. If a preferred treatment is not available
because of resource limitations, the patient should normally
be informed of this.
• If, after reasonable effort, agreement or compromise cannot
be reached through dialogue, the decision of the person
with the right or responsibility for making the decision
should be accepted. If it is unclear or disputed who has
the right or responsibility to make the decision, mediation,
arbitration or adjudication should be sought.
If healthcare providers cannot support the decision that prevails
as a matter of professional judgement or personal morality, they
should be allowed to withdraw from participation in carrying out the
decision, after ensuring that the person receiving care is not at risk
of harm or abandonment.
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Dr. C is right to be alarmed by the behaviour
of the senior surgeon in the operating room.
Not only is he endangering the health of the
patient but he is being disrespectful to both
the patient and his colleagues. Dr. C has
an ethical duty not to ignore this behaviour
but to do something about it. As a first
step, he should not indicate any support
for the offensive behaviour, for example,
by laughing at the jokes. If he thinks that
discussing the matter with the surgeon might
be effective, he should go ahead and do
this. Otherwise, he may have to go directly
to higher authorities in the hospital. If they
are unwilling to deal with the situation, then
he can approach the appropriate physician
licensing body and ask it to investigate.
BACK TO THE CASE STUDY
Dr. C is right to be alarmed by the behaviour
of the senior surgeon in the operating room.
Not only is he endangering the health of the
patient but he is being disrespectful to both
the patient and his colleagues. Dr. C has
an ethical duty not to ignore this behaviour
but to do something about it. As a first
step, he should not indicate any support
for the offensive behaviour, for example,
by laughing at the jokes. If he thinks that
discussing the matter with the surgeon might
be effective, he should go ahead and do
this. Otherwise, he may have to go directly
to higher authorities in the hospital. If they
are unwilling to deal with the situation, then
he can approach the appropriate physician
licensing body and ask it to investigate.
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Sleeping sickness is back
© Robert Patric/CORBIS SYGMA
CHAPTER FIVE –
ETHICS AND MEDICAL RESEARCH
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OBJECTIVES
After working through this chapter you should be able to:
· identify the main principles of research ethics
· know how to balance research and clinical care
· satisfy the requirements of ethics review committees
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CASE STUDY #4
Dr. R, a general practitioner in a small rural
town, is approached by a contract research
organization (C.R.O.) to participate in a
clinical trial of a new non-steroidal anti-
inflammatory drug (NSAID) for osteoarthritis.
She is offered a sum of money for each
patient that she enrols in the trial. The C.R.O.
representative assures her that the trial
has received all the necessary approvals,
including one from an ethics review
committee. Dr. R has never participated in
a trial before and is pleased to have this
opportunity, especially with the extra money.
She accepts without inquiring further about
the scientific or ethical aspects of the trial.
IMPORTANCE OF MEDICAL RESEARCH
Medicine is not an exact science in the way that mathematics and
physics are. It does have many general principles that are valid most
of the time, but every patient is different and what is an effective
treatment for 90% of the population
may not work for the other 10%. Thus,
medicine is inherently experimental.
Even the most widely accepted
treatments need to be monitored
and evaluated to determine whether
they are effective for specific patients and, for that matter, for
patients in general. This is one of the functions of medical
research.
Another, perhaps better known, function is the development of
new treatments, especially drugs, medical devices and surgical
“…medicine is
inherently
experimental”
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techniques. Great progress has been made in this area over the
past 50 years and today there is more medical research underway
than ever before. Nevertheless, there are still many unanswered
questions about the functioning of the human body, the causes of
diseases (both familiar and novel ones) and the best ways to prevent
or cure them. Medical research is the only means of answering
these questions.
In addition to seeking a better understanding of human physiology,
medical research investigates a wide variety of other factors in
human health, including patterns of disease (epidemiology), the
organization, funding and delivery of healthcare (health systems
research), social and cultural aspects of health (medical sociology
and anthropology), law (legal medicine) and ethics (medical ethics).
The importance of these types of research is being increasingly
recognized by funding agencies, many of which have specific
programs for non-physiological medical research.
RESEARCH IN MEDICAL PRACTICE
All physicians make use of the results of medical research in their
clinical practice. To maintain their competence, physicians must
keep up with the current research in their area of practice through
Continuing Medical Education/
Continuing Professional Development
programs, medical journals and
interaction with knowledgeable
colleagues. Even if they do not engage
in research themselves, physicians
must know how to interpret the results
of research and apply them to their
patients. Thus, a basic familiarity with
research methods is essential for
competent medical practice. The best way to gain this familiarity
“Even if they do
not engage in
research themselves,
physicians must know
how to interpret the
results of research
and apply them to
their patients.”
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is to take part in a research project, either as a medical student or
following qualification.
The most common method of research for practising physicians is
the clinical trial. Before a new drug can be approved by government-
mandated regulatory authorities, it must undergo extensive testing
for safety and efficacy. The process begins with laboratory studies
followed by testing on animals. If this proves promising, the four
steps, or phases, of clinical research, are next:
• Phase one research, usually conducted on a relatively small
number of healthy volunteers, who are often paid for their
participation, is intended to determine what dosage of the drug
is required to produce a response in the human body, how the
body processes the drug, and whether the drug produces toxic
or harmful effects.
• Phase two research is conducted on a group of patients who
have the disease that the drug is intended to treat. Its goals are
to determine whether the drug has any beneficial effect on the
disease and has any harmful side effects.
• Phase three research is the clinical trial, in which the drug is
administered to a large number of patients and compared to
another drug, if there is one for the condition in question, and/or
to a placebo. Where possible, such trials are ‘double-blinded’,
i.e., neither research subjects nor their physicians know who is
receiving which drug or placebo.
• Phase four research takes place after the drug is licensed and
marketed. For the first few years, a new drug is monitored for side
effects that did not show up in the earlier phases. Additionally,
the pharmaceutical company is usually interested in how well
the drug is being received by physicians who prescribe it and
patients who take it.
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The rapid increase in recent years in the number of ongoing trials
has required finding and enrolling ever-larger numbers of patients
to meet the statistical requirements of the trials. Those in charge
of the trials, whether independent physicians or pharmaceutical
companies, now rely on many other physicians, often in different
countries, to enrol patients as research subjects.
Although such participation in research is valuable experience for
physicians, there are potential problems that must be recognized
and avoided. In the first place, the physician’s role in the physician-
patientrelationshipisdifferentfromthe
researcher’s role in the researcher-
research subject relationship, even
if the physician and the researcher
are the same person. The physician’s
primary responsibility is the health and
well-being of the patient, whereas the
researcher’s primary responsibility is
the generation of knowledge, which
may or may not contribute to the research subject’s health and well-
being. Thus, there is a potential for conflict between the two roles.
When this occurs, the physician role must take precedence over the
researcher. What this means in practice will be evident below.
Another potential problem in combining these two roles is conflict
of interest. Medical research is a well-funded enterprise, and
physicians are sometimes offered considerable rewards for
participating. These can include cash payments for enrolling
research subjects, equipment such as computers to transmit the
research data, invitations to conferences to discuss the research
findings, and co-authorship of publications on the results of the
research. The physician’s interest in obtaining these benefits can
sometimes conflict with the duty to provide the patient with the best
available treatment. It can also conflict with the right of the patient
“…the physician’s
role in the physician-
patient relationship
is different from the
researcher’s role in the
researcher-research
subject relationship”
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to receive all the necessary information to make a fully informed
decision whether or not to participate in a research study.
These potential problems can be overcome. The ethical values of
the physician – compassion, competence, autonomy – apply to the
medical researcher as well. So there is no inherent conflict between
the two roles. As long as physicians understand and follow the basic
rules of research ethics, they should have no difficulty participating
in research as an integral component of their clinical practice.
ETHICAL REQUIREMENTS
The basic principles of research ethics are well established. It was
not always so, however. Many prominent medical researchers
in the 19th
and 20th
centuries conducted experiments on patients
without their consent and with little if any concern for the patients’
well-being. Although there were some statements of research ethics
dating from the early 20th
century, they did not prevent physicians in
Nazi Germany and elsewhere from performing research on subjects
that clearly violated fundamental human rights. Following World
War Two, some of these physicians were tried and convicted by a
special tribunal at Nuremberg, Germany. The basis of the judgment
is known as the Nuremberg Code, which has served as one of the
foundational documents of modern research ethics. Among the ten
principles of this Code is the requirement of voluntary consent if a
patient is to serve as a research subject.
The World Medical Association was established in 1947, the
same year that the Nuremberg Code was set forth. Conscious
of the violations of medical ethics before and during World War
Two, the founders of the WMA immediately took steps to ensure
that physicians would at least be aware of their ethical obligations.
In 1954, after several years of study, the WMA adopted a
set of Principles for Those in Research and Experimentation.
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This document was revised over the next ten years and eventually
was adopted as the Declaration of Helsinki (DoH) in 1964. It
was further revised in 1975, 1983, 1989, 1996, 2000, 2008 and
2013. The DoH is a concise summary of research ethics. Other,
much more detailed, documents have been produced in recent
years on research ethics in general (e.g., Council for International
Organizations of Medical Sciences, International Ethical
Guidelines for Biomedical Research Involving Human Subjects,
1993, revised in 2002) and on specific topics in research ethics
(e.g., Nuffield Council on Bioethics [UK], The Ethics of Research
Related to Healthcare in Developing Countries, 2002).
Despite the different scope, length and authorship of these
documents, they agree to a very large extent on the basic principles
of research ethics. These principles have been incorporated in
the laws and/or regulations of many countries and international
organizations, including those that deal with the approval of drugs
and medical devices. Here is a brief description of the principles,
taken primarily from the DoH:
Ethics Review Committee
Approval
Paragraph 23 of the DoH stipulates
that every proposal for medical
research on human subjects must
be reviewed and approved by an
independent ethics committee before
it can proceed. In order to obtain
approval, researchers must explain
the purpose and methodology of the project; demonstrate how
research subjects will be recruited, how their consent will be obtained
and how their privacy will be protected; specify how the project is
being funded; and disclose any potential conflicts of interest on the
“…every proposal
for medical research
on human subjects
must be reviewed
and approved by an
independent ethics
committee before
it can proceed.”
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part of the researchers. The ethics committee may approve the
project as presented, require changes before it can start, or refuse
approval altogether. The committee has a further role of monitoring
projects that are underway to ensure that the researchers fulfil their
obligations and it can if necessary stop a project because of serious
unexpected adverse events.
The reason why ethics committee approval of a project is required
is that neither researchers nor research subjects are always
knowledgeable and objective enough to determine whether a
project is scientifically and ethically appropriate. Researchers need
to demonstrate to an impartial expert committee that the project is
worthwhile, that they are competent to conduct it, and that potential
research subjects will be protected against harm to the greatest
extent possible.
One unresolved issue regarding ethics committee review is whether
a multi-centre project requires committee approval at each centre or
whether approval by one committee is sufficient. If the centres are
in different countries, review and approval is generally required in
each country.
Scientific Merit
Paragraph 21 of the DoH requires
that medical research involving
human subjects must be justifiable on
scientific grounds. This requirement
is meant to eliminate projects that
are unlikely to succeed, for example,
because they are methodologically
inadequate, or that, even if successful,
will likely produce trivial results. If patients are being asked to
participate in a research project, even where risk of harm is minimal,
“…medical research
involving human
subjects must be
justifiable on
scientific grounds”
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there should be an expectation that important scientific knowledge
will be the result.
To ensure scientific merit, paragraph 21 requires that the project be
based on a thorough knowledge of the literature on the topic and on
previous laboratory and, where appropriate, animal research that
gives good reason to expect that the proposed intervention will be
efficacious in human beings. All research on animals must conform
to ethical guidelines that minimize the number of animals used and
prevent unnecessary pain. Paragraph 12 adds a further requirement
– that only scientifically qualified persons should conduct research
on human subjects. The ethics review committee needs to be
convinced that these conditions are fulfilled before it approves the
project.
Social Value
One of the more controversial
requirements of a medical research
project is that it contribute to the well-
being of society in general. It used to
be widely agreed that advances in
scientific knowledge were valuable
in themselves and needed no further justification. However,
as resources available for medical research are increasingly
inadequate, social value has emerged as an important criterion for
judging whether a project should be approved.
Paragraphs 16 and 20 of the DoH clearly favour the consideration of
social value in the evaluation of research projects. The importance
of the project’s objective, understood as both scientific and social
importance, should outweigh the risks and burdens to research
subjects. Furthermore, the populations in which the research is
carried out should benefit from the results of the research. This is
“…social value has
emerged as an
important criterion
for judging whether
a project should be
funded.”
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“If the risk is entirely
unknown, then the
researcher should
not proceed with the
project until some
reliable data are
available”
especially important in countries where there is potential for unfair
treatment of research subjects who undergo the risks and discomfort
of research while the drugs developed as a result of the research
only benefit patients elsewhere.
The social worth of a research project is more difficult to determine
than its scientific merit but that is not a good reason for ignoring
it. Researchers, and ethics review committees, must ensure that
patients are not subjected to tests that are unlikely to serve any
useful social purpose. To do otherwise would waste valuable health
resources and weaken the reputation of medical research as a
major contributing factor to human health and well-being.
Risks and Benefits
Once the scientific merit and social
worth of the project have been
established, it is necessary for the
researcher to demonstrate that the
risks to the research subjects are not
unreasonable or disproportionate to
the expected benefits of the research,
which may not even go to the research
subjects. A risk is the potential for an adverse outcome (harm) to
occur. It has two components: (1) the likelihood of the occurrence
of harm (from highly unlikely to very likely), and (2) the severity of
the harm (from trivial to permanent severe disability or death). A
highly unlikely risk of a trivial harm would not be problematic for
a good research project. At the other end of the spectrum, a likely
risk of a serious harm would be unacceptable unless the project
provided the only hope of treatment for terminally ill research
subjects. In between these two extremes, Paragraphs 17 and 18
of the DoH require researchers to adequately assess the risks and
be sure that they can be managed. If the risk is entirely unknown,
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“The voluntary
consent of the human
subject is absolutely
essential.”
then the researcher should not proceed with the project until some
reliable data are available, for example, from laboratory studies or
experiments on animals.
Informed Consent
The first principle of the Nuremberg
Code reads as follows: “The voluntary
consent of the human subject is
absolutely essential.” The explanatory
paragraph attached to this principle
requires, among other things, that the research subject “should have
sufficient knowledge and comprehension of the elements of the
subject matter involved as to enable him to make an understanding
and enlightened decision.”
The DoH goes into some detail about informed consent. Paragraph
26 specifies what the research subject needs to know in order to
make an informed decision about participation. Paragraph 27 warns
against pressuring individuals to participate in research, since
in such circumstances the consent may not be entirely voluntary.
Paragraphs 28 to 30 deal with research subjects who are unable
to give consent (minor children, severely mentally handicapped
individuals, unconscious patients). They can still serve as research
subjects but only under restricted conditions.
The DoH, like other research ethics documents, recommends that
informed consent be demonstrated by having the research subject
sign a ‘consent form’(paragraph 26). Many ethics review committees
require the researcher to provide them with the consent form they
intend to use for their project. In some countries these forms have
become so long and detailed that they no longer serve the purpose
of informing the research subject about the project. In any case, the
process of obtaining informed consent does not begin and end with
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“…research subjects
have a right to privacy
with regard to their
personal health
information”
the form being signed but must involve a careful oral explanation of
the project and all that participation in it will mean to the research
subject. Moreover, research subjects should be informed that they
are free to withdraw their consent to participate at any time, even
after the project has begun, without any sort of reprisal from the
researchers or other physicians and without any compromise of
their healthcare (paragraph 31).
Confidentiality
As with patients in clinical care,
research subjects have a right to
privacy with regard to their personal
health information. Unlike clinical
care, however, research requires the
disclosure of personal health information
to others, including the wider scientific community and sometimes
the general public. In order to protect privacy, researchers must
ensure that they obtain the informed consent of research subjects
to use their personal health information for research purposes,
which requires that the subjects are told in advance about the
uses to which their information is going to be put. As a general
rule, the information should be de-identified and should be stored
and transmitted securely. The WMA Declaration on Ethical
Considerations Regarding Health Databases provides further
guidance on this topic.
Conflict of Roles
It was noted earlier in this chapter that the physician’s role in the
physician-patient relationship is different from the researcher’s
role in the researcher-research subject relationship, even if the
physician and the researcher are the same person. Paragraph 14 of
the DoH specifies that in such cases, the physician role must take
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precedence. This means, among other things, that the physician
must be prepared to recommend that the patient not take part in a
research project if the patient seems to be doing well with the current
treatment and the project requires that patients be randomized
to different treatments and/or to a placebo. Only if the physician,
on solid scientific grounds, is truly uncertain whether the patient’s
current treatment is as suitable as a proposed new treatment, or
even a placebo, should the physician ask the patient to take part in
the research project.
Honest Reporting of Results
It should not be necessary to require that research results be
reported accurately, but unfortunately there have been numerous
recent accounts of dishonest practices in the publication of
research results. Problems include plagiarism, data fabrication,
duplicate publication and ‘gift’ authorship. Such practices may
benefit the researcher, at least until they
are discovered, but they can cause
great harm to patients, who may be
given incorrect treatments based on
inaccurate or false research reports,
and to other researchers, who may
waste much time and resources trying
to follow up the studies.
Whistle-blowing
In order to prevent unethical research from occurring, or to expose it
after the fact, anyone who has knowledge of such behaviour has an
obligation to disclose this information to the appropriate authorities.
Unfortunately, such whistle-blowing is not always appreciated or
even acted on, and whistle-blowers are sometimes punished or
avoided for trying to expose wrong-doing. This attitude seems to
“…there have been
numerous recent
accounts of dishonest
practices in the
publication of
research results”
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be changing, however, as both medical scientists and government
regulators are seeing the need to detect and punish unethical
research and are beginning to appreciate the role of whistle-blowers
in achieving this goal.
Junior members of a research team, such as medical students, may
find it especially difficult to act on suspicions of unethical research,
since they may feel unqualified to judge the actions of senior
researchers and will likely be subject to punishment if they speak
out. At the very least, however, they should refuse to participate
in practices that they consider clearly unethical, for example, lying
to research subjects or fabricating data. If they observe others
engaging in such practices, they should take whatever steps they
can to alert relevant authorities, either directly or anonymously.
Unresolved Issues
Not all aspects of research ethics
enjoy general agreement. As medical
science continues to advance,
in areas such as genetics, the
neurosciences and organ and tissue
transplantation, new questions arise
regarding the ethical acceptability of
techniques, procedures and treatments
for which there are no ready-made answers. Moreover, some
older issues are still subjects of continuing ethical controversy, for
example, under what conditions should a placebo arm be included
in a clinical trial and what continuing care should be provided to
participants in medical research. At a global level, the 10/90 gap in
medical research (only 10% of global research funding is spent on
health problems that affect 90% of the world’s population) is clearly
an unresolved ethical issue. And when researchers do address
problems in resource-poor areas of the world, they often encounter
“…only 10% of global
research funding
is spent on health
problems that affect
90% of the world’s
population”
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problems due to conflicts between their ethical outlook and that of
the communities where they are working.All these issues will require
much further analysis and discussion before general agreement is
achieved.
Despite all these potential problems, medical research is a valuable
and rewarding activity for physicians and medical students as well
as for the research subjects themselves. Indeed, physicians and
medical students should consider serving as research subjects so
that they can appreciate the other side of the researcher-research
subject relationship.
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BACK TO THE CASE STUDY
Dr. R should not have accepted so quickly.
She should first find out more about the
project and ensure that it meets all the
requirements for ethical research.
In particular, she should ask to see the
protocol that was submitted to the ethics
review committee and any comments or
conditions that the committee put on the
project. She should only participate in
projects in her area of practice, and she
should satisfy herself about the scientific
merit and social value of the project. If she
is not confident in her ability to evaluate
the project, she should seek the advice of
colleagues in larger centres. She should
ensure that she acts in the best interests of
her patients and only enrols those who will
not be harmed by changing their current
treatment to the experimental one or to a
placebo. She must be able to explain the
alternatives to her patients so they can give
fully informed consent to participate or not
to participate. She should not agree to enrol
a fixed number of patients as subjects since
this could lead her to pressure patients to
agree, perhaps against their best interests.
She should carefully monitor the patients in
the study for unexpected adverse events and
be prepared to adopt rapid corrective action.
Finally, she should communicate to her
patients the results of the research as they
become available.
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116
CHAPTER SIX –
CONCLUSION
Man Hiking on Steep Incline
© Don Mason/CORBIS
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118
RESPONSIBILITIES AND PRIVILEGES
OF PHYSICIANS
This Manual has focused on the duties and responsibilities of
physicians, and indeed that is the main substance of medical
ethics. However, like all human
beings, physicians have rights as
well as responsibilities, and medical
ethics would be incomplete if it did
not consider how physicians should
be treated by others, whether
patients, society or colleagues. This
perspective on medical ethics has become increasingly important
as physicians in many countries are experiencing great frustration
in practising their profession, whether because of limited resources,
government and/or corporate micro-management of healthcare
delivery, sensationalist media reports of medical errors and
unethical physician conduct, or challenges to their authority and
skills by patients and other healthcare providers.
Medical ethics has in the past considered the rights of physicians
as well as their responsibilities. Previous codes of ethics such
as the 1847 version of the American Medical Association’s Code
included sections on the obligations of patients and of the public
to the profession. Most of these obligations are outmoded, for
example, “The obedience of a patient to the prescriptions of his
physician should be prompt and implicit. He should never permit
his own crude opinions as to their fitness, to influence his attention
to them.” However, the statement, “The public ought… to entertain
a just appreciation of medical qualifications… [and] to afford
every encouragement and facility for the acquisition of medical
education…,” is still valid. Rather than revising and updating these
sections, however, the AMA eventually eliminated them from its
Code of Ethics.
“…like all human
beings, physicians
have rights as well as
responsibilities”
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Over the years the WMA has adopted several policy statements on
the rights of physicians and the corresponding responsibilities of
others, especially governments, to respect these rights:
• The 1984 Statement on Freedom toAttend Medical Meetings
asserts that “there should… be no barriers which will prevent
physicians from attending meetings of the WMA, or other
medical meetings, wherever such meetings are convened.”
• The 2006 Statement on Professional Responsibility for
Standards of Medical Care declares that “any judgement
on a physician’s professional conduct or performance must
incorporate evaluation by the physician’s professional peers
who, by their training and experience, understand the complexity
of the medical issues involved.” The same statement condemns
“any procedures for considering complaints from patients which
fail to be based upon good faith evaluation of the physician’s
actions or omissions by the physician’s peers.”
• The 1997 Declaration Concerning Support for Medical
Doctors Refusing to Participate in, or to Condone, the Use
of Torture or Other Forms of Cruel, Inhuman or Degrading
Treatment commits the WMA“to support and protect, and to call
upon its National Medical Associations to support and protect,
physicians who are resisting involvement in such inhuman
procedures or who are working to treat and rehabilitate victims
thereof, as well as to secure the right to uphold the highest
ethical principles including medical confidentiality….”
• The 2014 Statement on Ethical Guidelines for the
International Migration of Health Workers calls on every
country to “do its utmost to retain its physicians in the profession
as well as in the country by providing them with the support they
need to meet their personal and professional goals, taking into
account the country’s needs and resources” and to ensure that
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“…physicians
sometimes need also
to be reminded of the
privileges they enjoy.”
“Physicians who are working, either permanently or temporarily,
in a country other than their home country… be treated fairly in
relation to other physicians in that country (for example, equal
opportunity career options and equal payment for the same
work).”
Although such advocacy on behalf
of physicians is necessary, given the
threats and challenges listed above,
physicians sometimes need also to be
reminded of the privileges they enjoy.
Public surveys in many countries
have consistently shown that physicians are among the most highly
regarded and trusted occupational groups. They generally receive
higher than average remuneration (much higher in some countries).
They still have a great deal of clinical autonomy, although not as
much as previously. Many are engaged in an exciting search for
new knowledge through participation in research. Most important,
they provide services that are of inestimable value to individual
patients, particularly those who are vulnerable and most in need,
and to society in general. Few occupations have the potential to
be more satisfying than medicine, considering the benefits that
physicians provide – relief of pain and suffering, cure of illnesses,
and comfort of the dying. Fulfilment of their ethical duties may be a
small price to pay for all these privileges.
RESPONSIBILITIES TO ONESELF
This Manual has classified physicians’ ethical responsibilities
according to their main beneficiaries: patients, society, and
colleagues (including other health professionals). Physicians often
forget that they have responsibilities to themselves, and to their
families, as well. In many parts of the world, being a physician
has required devoting oneself to the practice of medicine with little
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“Physicians often
forget that they have
responsibilities to
themselves, and to
their families,
as well.”
consideration for one’s own health
and well-being. Working weeks of
60-80 hours are not uncommon and
vacations are sometimes considered
to be unnecessary luxuries. Although
many physicians seem to do well
in these conditions, their families
may be adversely affected. Other
physicians clearly suffer from this pace of professional activity, with
results ranging from chronic fatigue to substance abuse to suicide.
Impaired physicians are a danger to their patients, with fatigue
being an important factor in medical mishaps.
The need to ensure patient safety, as well as to promote a healthy
lifestyle for physicians, is being addressed in some countries
by restrictions on the number of hours and the length of shifts
that physicians in training may work. Some medical educational
institutions now make it easier for female physicians to interrupt
their training programmes for family reasons. Although measures
such as these can contribute to physician health and well-being,
the primary responsibility for self-care rests with the individual
physician. Besides avoiding such obvious health hazards as
smoking, substance abuse and overwork, physicians should protect
and enhance their own health and well-being by identifying stress
factors in their professional and personal lives and by developing
and practising appropriate coping strategies. When these fail,
they should seek help from colleagues and appropriately qualified
professionals for personal problems that might adversely affect their
relationships with patients, society or colleagues.
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THE FUTURE OF MEDICAL ETHICS
This Manual has focussed on the current state of medical ethics,
although with numerous references to its past. However, the present
is constantly slipping away and it is necessary to anticipate the
future if we are not to be always behind the times. The future of
medical ethics will depend in large part on the future of medicine. In
the first decades of the 21st
century, medicine is evolving at a very
rapid pace and it is difficult to predict how it will be practised by
the time today’s first-year medical students complete their training,
and impossible to know what further changes will take place
before they are ready to retire. The future will not necessarily be
better than the present, given widespread political and economic
instability, environmental degradation, the continuing spread of HIV/
AIDS and other potential epidemics. Although we can hope that
medical progress will eventually benefit all countries and that the
ethical problems they will face will be similar to those currently being
discussed in the wealthy countries, the reverse could happen –
countries that are wealthy now could deteriorate to the point where
their physicians have to deal with epidemics of tropical diseases and
severe shortages of medical supplies.
Given the inherent unpredictability of the future, medical ethics
needs to be flexible and open to change and adjustment, as indeed
it has been for some time now. However, we can hope that its basic
principles will remain in place, especially the values of compassion,
competence and autonomy, along with its concern for fundamental
human rights and its devotion to professionalism. Whatever
changes in medicine occur as a result of scientific developments
and social, political and economic factors, there will always be sick
people needing cure if possible and care always. Physicians have
traditionally provided these services along with others such as health
promotion, disease prevention and health system management.
Although the balance among these activities may change in the
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future, physicians will likely continue to play an important role in
all of them. Since each activity involves many ethical challenges,
physicians will need to keep informed about developments in
medical ethics just as they do in other aspects of medicine.
This is the end of the Manual but for the reader it should be just
one step in a life-long immersion in medical ethics. To repeat what
was stated in the Introduction, this Manual provides only a basic
introduction to medical ethics and some of its central issues. It
is intended to give you an appreciation of the need for continual
reflection on the ethical dimension of medicine, and especially on
how to deal with the ethical issues that you will encounter in your
own practice. The list of resources provided in Appendix B can help
you deepen your knowledge of this field.
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APPENDIX A – GLOSSARY
Accountable – answerable to someone for something (e.g., employees
are accountable to their employers for the work they do). Accountability
requires being prepared to provide an explanation for something one has
done or has not done.
Advance directive – a statement, usually in writing, that indicates how
a person would want to be treated, or not treated, if they are no longer
able to make their own decisions (for example, if they are unconscious or
demented). It is one form of advance care planning; another is choosing
someone to act as one’s substitute decision-maker in such situations. Some
countries have legislation on advance directives.
Advocate – (verb) to speak out or take action on behalf of another person or
group; (noun) someone who acts in this way. Physicians serve as advocates
for their patients when they call on governments or health insurance officials
to provide services that their patients need but cannot easily obtain on their
own.
Anaesthetist – in some countries the title, anaesthesiologist, is used
instead.
Beneficence – literally, ‘doing good’. Physicians are expected to act in the
best interests of their patients.
Bioethics/biomedical ethics – two equivalent terms for the study of moral
issues that occur in medicine, healthcare and the biological sciences. It has
four major subdivisions: clinical ethics, which deals with issues in patient
care (cf. Chapter Two of this Manual); research ethics, which deals with
the protection of human subjects in healthcare research (cf. Chapter Five
of this Manual); professional ethics, which deals with the specific duties
and responsibilities that are required of physicians and other healthcare
professions (medical ethics is one type of professional ethics); and public
policy ethics, which deals with the formulation and interpretation of laws
and regulations on bioethical issues.
Consensus – general, but not necessarily unanimous, agreement.
Hierarchy – an orderly arrangement of people according to different levels
of importance from highest to lowest. Hierarchical is the adjective describing
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such an arrangement. The term, hierarchy, is also used to refer to the top
leaders of an organization.
Justice – fair treatment of individuals and groups. As Chapter Three points
out, there are different understandings of what constitutes fair treatment in
healthcare.
Managed healthcare – an organizational approach to healthcare in which
governments, corporations or insurance companies decide what services
will be provided, who will provide them (specialist physicians, general
practitioner physicians, nurses, other health professionals, etc.), where
they will be provided (clinics, hospitals, the patient’s home, etc.), and other
related matters.
Non-maleficence – literally, not doing wrong. Physicians and medical
researchers are to avoid inflicting harm on patients and research subjects.
Palliative care – an approach to the care of patients, especially those who
are likely to die in the relatively near future from serious, incurable disease,
that focuses on the patient’s quality of life, especially pain control. It can
be provided in hospitals, special institutions for dying patients (commonly
called hospices), or in the patient’s home.
Physician – an individual who is qualified to practise medicine. In some
countries, physicians are distinguished from surgeons, and the term
‘doctor’ is used to designate both. However, ‘doctor’ is used by members
of other health professions, such as dentists and veterinarians, as well as
by all those who have obtained a Ph.D. or other ‘doctoral’ degree. The term
‘medical doctor’ is more precise but not widely used. The WMA uses the
term ‘physician’ for all those who are qualified to practise medicine, no
matter what their specialty, and this Manual does the same.
Plagiarism – a form of dishonest behaviour whereby a person copies the
work of someone else, for example, all or part of a published article, and
submits it as if it were the person’s own work (i.e., without indicating its
source).
Pluralistic – having several or many different approaches or features: the
opposite of singular or uniform.
Profess – to state a belief or a promise in public. It is the basis of the terms
‘profession’, ‘professional’ and ‘professionalism’.
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122
Rational – based on the human capacity for reasoning, i.e., to be able to
consider the arguments for and against a particular action and to make a
decision as to which alternative is better.
Surrogate or substitute gestation – a form of pregnancy in which a woman
agrees to gestate a child and give it up at birth to another individual or
couple who in most cases have provided either the sperm (via artificial
insemination) or the embryo (via in vitro fertilization and embryo transfer).
Value – (verb) to consider something to be very important; (noun) something
that is considered to be very important.
Virtue – a good quality in people, especially in their character and behaviour.
Some virtues are particularly important for certain groups of people, for
example, compassion for physicians, courage for fire-fighters, truthfulness
for witnesses, etc.
Whistle-blower – someone who informs people in authority or the public that
an individual or an organization is doing something unethical or illegal. (The
expression comes from the world of sport, where a referee or umpire blows
a whistle to signal an infraction of the rules.)
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APPENDIX B – SELECTED MEDICAL ETHICS
RESOURCES ON THE INTERNET
World Medical Association Policy Handbook
(https://www.wma.net/en/30publications/10policies/) – contains the full text
of all WMA policies (in English, French and Spanish)
World Medical Association Ethics Resources
(https://www.wma.net/en/20activities/10ethics/index.html) – includes the
following sections:
• WMA courses
• Medical ethics organizations, including their codes of ethics
• Medical ethics education
• Ethics and medical professionalism
UNESCO Bioethics Educational Resources
(http://www.unesco.org/new/en/social-and-human-sciences/themes/
bioethics/ethics-education-programme/activities/educational-resources/)
National Ethics Committees Database
(http://apps.who.int/ethics/nationalcommittees/) – a collection of statements
on ethical issues indexed by country and topic
U.S. National Institutes of Health Bioethics Resources on the Web
(http://bioethics.od.nih.gov/)
Kennedy Institute of Ethics, Georgetown University, Bioethics Research
Library (https://bioethics.georgetown.edu/)
MedicalEthicsManual–AppendixB
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APPENDIX C
WORLD MEDICAL ASSOCIATION
Resolution on the Inclusion of Medical Ethics and Human Rights in
the Curriculum of Medical Schools World-Wide
(Adopted by the 51st World Medical Assembly,
Tel Aviv, Israel, October 1999)
1. Whereas Medical Ethics and Human Rights form an integral part of the
work and culture of the medical profession, and
2. Whereas Medical Ethics and Human Rights form an integral part of the
history, structure and objectives of the World Medical Association,
3. It is hereby resolved that the WMA strongly recommend to Medical
Schools world-wide that the teaching of Medical Ethics and Human
Rights be included as an obligatory course in their curricula.
WORLD FEDERATION FOR MEDICAL EDUCATION (WFME):
Global Standards for Quality Improvement – Basic Medical Education
(http://wfme.org/standards/bme/78-new-version-2012-quality-
improvement-in-basic-medical-education-english/file/) )
These standards, which all medical schools are expected to meet, include
the following references to medical ethics:
1.4 Educational Outcomes
The medical school must define the intended educational outcomes
that students should exhibit upon graduation…. Outcomes… would
include documented knowledge and understanding of… medical
ethics, human rights and medical jurisprudence relevant to the practice
of medicine.
2.4 Behavioural and Social Sciences and Medical Ethics
The medical school must in the curriculum identify and incorporate
the contributions of the behavioural sciences, social sciences, medical
ethics and medical jurisprudence…. Medical ethics deals with moral
issues in medical practice such as values, rights and responsibilities
related to physician behavior and decision making…. The identification
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and incorporation of the behavioural and social sciences, medical
ethics and medical jurisprudence would provide the knowledge,
concepts, methods, skills and attitudes necessary for understanding
socio-economic, demographic and cultural determinants of causes,
distribution and consequences of health problems as well as knowledge
about the national health care system and patients’ rights. This would
enable analysis of health needs of the community and society, effective
communication, clinical decision making and ethical practices.
2.5 Medical Research and Scholarship – Clinical Sciences and Skills
Clinical skills include history taking, physical examination,
communication skills, procedures and investigations, emergency
practices, and prescription and treatment practices. Professional skills
would include patient management skills, team-work/team leadership
skills and inter-professional training. Appropriate clinical responsibility
would include activities related to health promotion, disease prevention
and patient care.
6.4 Medical Research and Scholarship
The medical school should ensure that interaction between medical
research and education… encourages and prepares students to
engage in medical research and development.
MedicalEthicsManual–AppendixC
126
APPENDIX D – STRENGTHENING ETHICS
TEACHING IN MEDICAL SCHOOLS
Some medical schools have very little ethics teaching while others have
highly developed programs. Even in the latter ones, however, there is always
room for improvement. Here is a process that can be initiated by anyone,
whether medical student or faculty member, who wants to strengthen the
teaching of medical ethics in his or her institution.
1. Become familiar with the decision-making structure in the institution
• Dean
• Curriculum Committee
• Faculty Council
• Influential faculty members
2. Seek support from others
• Students
• Faculty
• Key administrators
• National medical association
• National physician regulatory body
3. Make a strong case
• WMA Resolution on the Inclusion of Medical Ethics and Human
Rights in the Curriculum of Medical Schools World-Wide
• WFME Global Standards for Quality Improvement – Basic Medical
Education
• Examples from other medical schools
• Research ethics requirements
• Anticipate objections (e.g., overcrowded curriculum)
4. Offer to help
• Provide suggestions for structure, content, faculty and student
resources (cf. WMA Ethics web page on medical ethics education
resources: www.wma.net/en/20activities/10ethics/40education/
index.html)
• Liaise with other medical ethics programmes, the WMA, etc.
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5. Ensure continuity
• Advocate for a permanent medical ethics committee
• Recruit younger students
• Recruit additional faculty
• Engage new faculty and key administrators
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128
APPENDIX E – ADDITIONAL CASE STUDIES
CONTRACEPTIVE ADVICE
TO A TEENAGER
Sara is 15 years old. She lives in a town where
sexual assaults are becoming more and more
frequent. She comes to your clinic asking for a
prescription for oral contraceptives to protect her
from pregnancy in case she is the victim of a sexual
assault. Pregnancy would terminate her education
and make it very difficult to find a husband. Sara
tells you that she does not want her parents to
know that she will be using contraceptives because
they will think that she intends to have sex with a
boyfriend. You are suspicious of Sara’s motives but
you admire her determination to avoid pregnancy.
You advise her to come to the clinic with her
parents for a general discussion of the issue with
you. Three days later she returns alone and tells
you that she tried to speak to her parents about the
issue but they refused to discuss it.
Now what should you do?
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A PREMATURE INFANT*
Max was born during the 23rd week of pregnancy.
He is ventilated because his lungs are very
immature. Moreover, he suffers from cerebral
bleeding because his vessel tissue is still unstable.
It is unlikely that he will actually survive the next
few weeks. If he does, he will probably be severely
handicapped both mentally and physically.
Max’s condition worsens when he develops
a serious infection of the bowel. It might be
possible to extract the inflamed part of the bowel
operatively, which would preserve his small chance
of survival. His parents refuse to consent because
they do not want Max to suffer from the operation
and they feel that his quality of life will never be
sufficient. As the treating physician you think that
the operation should be done, and you wonder how
to deal with the parents’refusal.
*
Suggested by Dr. Gerald Neitzke and Ms. Mareike Moeller, Medizinische
Hochschule Hannover, Germany
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HIV INFECTION*
Mr. S is married and the father of two school
children. He is treated in your clinic for a rare form
of pneumonia that is often associated with AIDS.
His blood test results show that he is indeed
HIV-positive. Mr. S says that he wants to decide
himself if and when he will tell his wife about the
infection. You indicate that it could be life-saving
for his wife to protect herself from infection.
Besides, it would be important for her to have an
HIV test herself. In case of a positive test result she
would then have the opportunity to take drugs to
slow down the outbreak of the disease and thereby
prolong her life. Six weeks later, Mr. S comes into
your clinic for a control investigation. Answering
your question he says that he hasn’t informed his
wife yet. He doesn’t want her to know about his
homosexual contacts because he fears that she
would end their relationship and the family would
shatter. But to protect her he has had only
“safer sex” with her. As the treating physician,
you wonder whether you should inform Mrs. S
of the HIV status of her husband against his will
so that she would have the opportunity to start
treatment if needed.
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TREATING A PRISONER
As part of your medical duties you spend one day every two
weeks seeing inmates in a nearby prison. Yesterday you
treated a prisoner with multiple abrasions on his face and trunk.
When you asked what caused the injuries, the patient replied
that he had been attacked by prison staff during interrogation
when he refused to answer their questions. Although this is the
first such case you have experienced, you have heard of similar
cases from your colleagues. You are convinced that you should
do something about the problem but the patient refuses to
authorize you to disclose information about himself for fear of
retaliation from the prison authorities. Furthermore, you are not
certain that the prisoner has told you the truth; the guard who
brought him to you said that he had been in a fight with another
prisoner. You have a good relationship with the prison staff and
do not want to harm it by making unsubstantiated accusations
of mistreatment of prisoners. What should you do?
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END-OF-LIFE DECISION
An 80-year old woman is admitted to your hospital from a
nursing home for treatment of pneumonia. She is frail and
mildly demented. You treat the pneumonia successfully but
just before she is to be discharged back to the nursing home,
she suffers a stroke that leaves her paralysed on her right
side and unable to feed herself. A feeding tube is inserted that
apparently causes her discomfort and after she has made
several attempts to pull it out with her left arm, a restraint is
placed on the arm. She is otherwise unable to express her
wishes. A search for children or other relatives who could help
make decisions about her treatment is unsuccessful. After
several days you conclude that her condition is unlikely to
improve and that the only ways to relieve her suffering are to
sedate her or to withdraw the feeding tube and
allow her to die. What should you do?
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COLLECTIONS OF CASE STUDIES
UNESCO Chair in Bioethics collections of case studies –
http://research.haifa.ac.il/~medlaw/ (UNESCO Chair)
WHO Casebook on Ethical Issues in International Health Research –
http://whqlibdoc.who.int/publications/2009/9789241547727_eng.pdf?ua=1
Other collections – http://bioethics.od.nih.gov/casestudies.html#other
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NOTES
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Senior Woman
Receiving Medical Exam
© Peter M. Fisher/CORBIS
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The World Medical Association (WMA) is the global
representative voice of physicians, regardless of their
specialty, location, or practice setting. The WMA’s
mission is to serve humanity by endeavouring to achieve the
highest possible standards of medical care, ethics, science,
education, and health-related human rights for all people.
The World Medical Association
B.P. 63, 01212 Ferney-Voltaire Cedex, France
email: wma@wma.net • fax: (+33) 450 40 59 37
website: www.wma.net
ISBN 978-92-990079-0-7