richard l. elliott, md, phd, fapa professor and director medical ethics and professionalism mercer...

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RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER UNIVERSITY SCHOOL OF LAW Medical Ethics and Professionalism

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Page 1: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

RICHARD L. ELLIOTT, MD, PHD, FAPAPROFESSOR AND DIRECTOR

MEDICAL ETHICS AND PROFESSIONALISMMERCER UNIVERSITY SCHOOL OF MEDICINE

ADJUNCT PROFESSORMERCER UNIVERSITY SCHOOL OF LAW

Medical Ethics and Professionalism

Page 2: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER
Page 3: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Goals

What is medical ethics?Medical ethics and professionalism at MUSMExpectations for Community Medicine IWhat is an ethical dilemma?What are the principles of medical ethics?How to analyze an ethical problemIntroduction to informed consent and

confidentialityIntroduction to surrogate decisionmakingIntroduction to professionalism

Page 4: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What is Medical Ethics?

The application of moral principles and analysis to medical situations

Not bioethics

Page 5: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Overview of MUSM Medical Ethics and Professionalism

First Year Orientation White Coat ceremony Medical history, Delivering bad news, . . . Intro to Medical Ethics and

Professionalism Research opportunity as Summer Scholar Basics of Health Care Reform Ethics Interest Groups – Savannah and

Macon

Page 6: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Medical Ethics and Professionalism Overview

Second Year Clinical research Pharmaceutical companies Physician impairment Student abuse Malpractice and risk management BMP

Page 7: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Medical Ethics and Professionalism Overview

Third Year Professionalism as a third year student Internal medicine – end-of-life, futility of care,

physician assisted suicide Pediatrics - child abuse, neonatal care Obstetrics and gynecology – reproductive

technologies, genetic screening Surgery – case analyses Psychiatry – competence, involuntary treatment,

boundary violations, duties to third parties Family medicine – elder abuse, domestic violence,

medical errors

Page 8: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Medical Ethics and Professionalism Overview

Fourth Year Senior Case analysis Ethics in the Emergency Room Electives Capstone

Risk management Health care and resource allocation Special topics, e.g., social media, licensure

Page 9: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Medical Ethics and Professionalism – Year One

First week - two lectures Introduction to Medical Ethics and Professionalism

Principles of medical ethics Informed consent and surrogate decisionmaking Confidentiality Procedure for ethical case analysis

Principles and Codes of Medical Ethics and Professionalism Oath of Geneva

Second week Group discussion of two cases on medical ethics site

Advance directives Confidentiality

Page 10: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

At the end of these two weeks, you should be able to:

Describe principles of ethics and professionalism

Identify an ethical dilemmaDescribe process of ethical case analysisState basis and principles of informed

consentState basis and exceptions to patient

confidentialityDescribe current challenges to the medical

profession

Page 11: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Resources and Examination

[email protected]. Greenberg

[email protected] Ethics site

Academics Degree Programs

Doctor of Medicine -> Medical Ethics -> First Year

Powerpoints posted on Ethics site Exam on Powerpoint material

10-15 questions MDE format Not a fluff exam – look at details!

Page 12: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What is an Ethical Dilemma?

A conflict between ethical principles, i.e., “what is the right thing to do?” What is “medically” right vs. patient preference

Jehovah’s Witnesses and transfusions What is preferred by patient vs. proxy decision

maker Rights of minor vs. legal guardians

What is best for patient vs. what is best for society Commitment laws, notification of sexual partners of

patients with HIV

Page 13: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What do Mercer Students Consider Ethical Dilemmas?

2008 2009 Confidentiality 17 6 Decisionmakers 17 15 Right to refuse 4 8 Right to treatment 4 3 Futility of care 4 15 Medical error 2 3 AIDS/HIV 7 4 Pregnancy 6 8 Jehovah’s Witness 3 4 DNR/ventilator 4 Professionalism 12

Page 14: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What Would You Do?

Case 1: 36 year old man presents in respiratory distress, in the course of which he is found to be infected with HIV. He is firm that he does not want his wife to know.

Case 2: A 25 year old woman victim of a single car MVA enters a persistent vegetative state. After four years, her parents petition to have her feeding tube removed. The hospital insists on a court order, and the victim’s closest friend and parents testify that she would not have wanted to have a feeding tube.

Page 15: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Two Medical Dilemmas

Case 1 – HIV and confidentiality The patient has a right to keep his records confidential The wife has a right to be protected

Case 2 - PVS and feeding tube removal Patient has right to have wishes respected State has right to have its laws respected Hospital has a right to determine what interventions it

supports Physicians have a right to decide what treatments

they provide

Page 16: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

How to Analyze an Ethics Case,(or how do I figure out what’s the right thing

to do?)

What are the medical issues? Risks, benefits, alternatives, prognoses

Who are the stakeholders? Patient, family, medical staff, hospital, state Cultural and religious concerns

What are the relevant laws, regulations, ethical codes?

Why is an ethical dilemma being created? Conflicts between decision makers, law and

ethicsWho are possible consultants?

Medical, family, ethicists, ethics committee, lawyers

Possible courses of actionProposed resolution

Page 17: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What are the Medical Issues?

Rule #1 We are doctors (not moral philosophers or lawyers) Know your medicine! Most ethical problems have a clinical solution

Diagnosis, nature of treatment proposed, risks, benefits, prognosis with and without treatment, alternatives Evidence-based decisions

Remember this when you analyze cases next week!

Page 18: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Medical Issues

Case 1 – HIV and confidentiality What is course, prognosis, and treatment for HIV? What is likelihood wife is or will be infected? What is wife’s prognosis without treatment? What is likelihood wife will infect fetus, children?

Case 2 - PVS and feeding tube removal What is PVS? What are possible alternatives? What is prognosis with and without feeding tube?

Page 19: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Who are the stakeholders (potential decisionmakers)?

Patient Quality of life, autonomy, spiritual needs

Family Proxy decision makers, quality of life

Physician Risk management concerns

Medical profession Standards

Hospital Policies, accreditation, affiliations

State Resource allocation, legal regulation

Page 20: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Stakeholders

Case 1 – HIV and confidentiality Patient Wife Children Physician Medical profession State

Case 2 - PVS and feeding tube removal Patient Parents Medical profession State

Page 21: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What are the Relevant Laws?

Statutory vs. case lawOfficial Code of Georgia, Code of Federal

Regulations (Federal registry)Case law

Binding at appellate level in jurisdictionTwo famous (board material) ethics cases

Karen Ann Quinlan Nancy Cruzan

Page 22: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Legal Issues – HIV and Confidentiality

Case 1 – HIV and confidentiality HIPAA O.C.G.A and confidential nature of HIV information

§ 24-9-47.  Disclosure of AIDS confidential information (b) Except as otherwise provided in this Code section:   (1) No person or legal entity which receives AIDS confidential information pursuant to this Code section or which is responsible for recording, reporting, or maintaining AIDS confidential information shall:      (A) Intentionally or knowingly disclose that information to another person or legal entity; or

Page 23: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Legal Issues – HIV and Confidentiality

But: (g) When the patient of a physician has been determined to

be infected with HIV and that patient's physician reasonably believes that the spouse or sexual partner or any child of the patient, spouse, or sexual partner is a person at risk of being infected with HIV by that patient, the physician may disclose to that spouse, sexual partner, or child that the patient has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made; And:

A physician having a patient who has been determined to be infected with HIV must disclose to the Division of Public Health (O.C.G.A. 31-12-2(b))      (A) The name and address of that patient;      (B) That such patient has been determined to be infected with HIV; and      (C) The name and address of any other person whom the disclosing physician or administrator reasonably believes to be a person at risk of being infected with HIV by that patient.

Page 24: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Legal Issues – Removal of Feeding Tube

Case 2 - PVS and feeding tube removal The patient did not have an advance directive

Power of attorney for health care Living Will

In the absence of an advance directive, the state may require by clear and convincing evidence a showing of what the patient would have chosen under the same or similar circumstances

Georgia Advance Directive for Health Care Combines Living Will and Durable Power of Attorney

for Health Care

Page 25: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Ethical dilemmas are conflicts between or among ethical principles

What are commonly accepted ethical principles in medicine?

Page 26: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Principles of Medical Ethics

Autonomy “Every human being of adult years and sound mind has a

right to determine what shall be done with his own body” Schloendorff, 1914

Right to PrivacyBeneficence

Act for the good of the patient Promote good Remove or prevent harm

Non-maleficence Primum non nocere First, do no harm

Social justice Access to heath care resources

Page 27: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What Are the Four Principles of Medical Ethics?

AutonomyBeneficenceNonmaleficenceSocial Justice

Page 28: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Why Does an Ethical Dilemma Exist?

Case 1 – HIV and confidentiality The patient has a right to keep his records confidential

Autonomy, Nonmaleficence HIPAA

The wife has a right to be protected Right to privacy (?)

Case 2 - PVS and feeding tube removal Patient has right to have wishes respected

Right to privacy, Autonomy State has right to have its laws respected Hospital has a right to determine what interventions it

supports Physicians have a right to decide what treatments

they provide

Page 29: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Possible Consultants

Case 1 – HIV and confidentiality Infectious disease

Clinical Policy on HIV and confidentiality

Division of Public Health Ethicist Health or malpractice insurance lawyer

Case 2 - PVS and feeding tube removal Medical

Establish prognosis, possible alternative interventions Others who knew patient’s wishes Ethics Committee Medical Director

Futility Policy? Mediator

Page 30: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Possible Courses of Action

Case 1 – HIV and confidentiality Do nothing Contact wife Contact Division of Public health Refer to another physician

Case 2 - PVS and feeding tube removal Do nothing Remove tube Contact hospital attorney to block family’s wishes

Page 31: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Proposed Resolution

Case 1 – HIV and confidentiality Attempt to meet with patient and wife to discuss test

results and implications, offer to test wife If patient refuses, contact DPH for partner notification

Case 2 - PVS and feeding tube removal Remove tube or refer to another physician/hospital

Page 32: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Two Ethically Problematic Situations

Informed consent Surrogate decisionmakers Right to die/wrongful life

Karen Ann Quinlan, Nancy Cruzan, Terry Schiavo Advance directives Rights of minors Treatment refusal

Jehovah’s Witnesses, dialysis, Dax

Confidentiality When to breach confidentiality Tarasoff

Page 33: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER
Page 34: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Ethical and Legal Bases of Informed Consent

What is the ethical basis for informed consent?

Autonomy underlies informed consentAssault and (intentional tort of) battery

Page 35: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Informed Consent

Three Elements of informed consent Voluntariness Information Competence (capacity)

Page 36: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Three Elements of Informed Consent

What three elements comprise informed consent?

Information How much?

Competence (capacity) How do we determine this?

Voluntariness What constitutes coercion?

Page 37: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Voluntariness

Freedom from undue influenceIncentives for research?Would decision of patient with HIV to disclose

information to wife be voluntary if alternative is partner notification through public health? Voluntary within constraints

Would decision of family to request withdrawal of feeding tube be voluntary if hospital threatened them with threat of massive health care costs?

Page 38: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Information – What must be disclosed??

No doctrine of informed consent in Georgia. Georgia requires disclosure “in general terms the treatment or course of treatment” but for surgical or diagnostic treatments standard is higher (O.C.G.A.31-9-6.1)

For surgical procedures, amniocentesis, contrast material “disclosure of the material risks generally recognized and accepted by reasonably prudent physicians which, if disclosed to a reasonably prudent person in the patient's position, could reasonably be expected to cause that person to decline the proposed treatment or procedure because of the risk of injury that could result”

Good practice to disclose diagnosis, nature of treatment, risks, benefits, alternatives, prognosis with and without treatment, and to invite questions

Page 39: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What should be disclosed?

Case 1 – HIV and confidentiality Meaning of test Risk of infecting wife Possible criminal consequences for failing to inform

her Woodrow Grady, Macon, sentenced to two years in 2009

HIV and fetus, children Treatment possibilities, alternatives, side effects,

prognosisCase 2 – PVS and removal of feeding tube

Prognosis with and without feeding tube Alternatives Costs – make it clear care does not depend on ability

to pay

Page 40: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Competence

§ 31-9-2.(c) For purposes of this Code section,

"inability of any adult to consent for himself" [shall mean the adult] "lacks sufficient understanding or capacity to make significant responsible decisions" regarding his medical treatment or the ability to communicate by any means such decisions.

Page 41: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Competence

Competence or capacity is specific to a particular decision Competence is a legal decision, but used synonymously

with capacityRange of competence:

Ability to communicate decision Not refusing Simple assent

Simple Understanding E.g., able to paraphrase

Appreciate complexities of decision Medical Interpersonal Spiritual

Level of competence needed related to risk/benefit

Page 42: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Competence

Case 1 – HIV and confidentiality Was patient competent to release or to deny release of

information? What if retarded? Depressed? Demented (HIV dementia)? Delirious?

Case 2 – PVS and PEG removal Were parents competent to request tube removal?

Page 43: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

When the Patient is Incompetent

Karen Ann Quinlan1954-8521 yo, Valium and

ETOHPVS, ventilatorParents sued to

remove ventilator1976 New Jersey

Supreme Court decided on right to privacy

“Right to die”

Page 44: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

When the Patient is Incompetent

Nancy Cruzan1983 MVAPVS, feeding tube1987 parents sued to

remove tubeCourt liberty interest

in being free from unwanted intrusions

Loosely “right to die”Patient Self-

Determination Act 1990

Page 45: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Patient Self-Determination Act

1990 after CruzanWritten notice upon admission to the health

care facility of decision-making rights The right to accept or refuse medical

treatment The right to make an advance health care

directive Facilities must ask whether the patient

has an advance health care directive Facilities must educate staff about

advance health care directives.

Page 46: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

When the Patient is Incompetent

Guardian Probate court Guardian of person or estate or both

Advance directive Specifies what is to be done in the event patient is unable

to make a decision Durable Power of Attorney for Health Care

Who will make decision Living Will

Specifies particular decisions, e.g., ventilators Georgia Advance Directive for Health Care includes both

Power of Attorney and Living Will provisions (posted on ethics site, First Year)

Page 47: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Georgia Advance Directive for Health Care

GUIDANCE FOR HEALTH CARE AGENT When making health care decisions for me, my health care

agent should think about what action would be consistent with past conversations we have had, my treatment preferences as expressed in PART TWO (if I have filled out PART TWO), my religious and other beliefs and values, and how I have handled medical and other important issues in the past. If what I would decide is still unclear, then

My health care agent should make decisions for me that my health care agent believes are in my best interest, considering the benefits, burdens, and risks of my current circumstances and treatment options.

Page 48: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Substituted Judgment v Best Interests

Substituted judgment – for persons who have been competent to express a choice but who presently lack capacity Dementia Delirium Severe mental illness

Best interests standard – for persons never competent to have decided Children Mentally retarded/developmentally disabled

Page 49: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Georgia Advance Directive for Health Care

PART TWO will be effective if I am in any of the following conditions: A terminal condition, which means I have an incurable

or irreversible condition that will result in my death in a

relatively short period of time, and/or; A state of permanent unconsciousness, which means I

am in an incurable or irreversible condition in which I am

not aware of myself or my environment and I show no behavioral response to my environment.

To be determined by personal and second physician

Page 50: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Georgia Advance Directive for Health Care

Try to extend my life for as long as possible, using all medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive. If I am unable to take nutrition or fluids by mouth, then I want to receive nutrition or fluids by tube or other medical means, OR;

Allow my natural death to occur. I do not want any medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive but cannot cure me. I do not want to receive nutrition or fluids by tube or other medical means except as needed to provide pain medication, OR;

Page 51: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Georgia Advance Directive for Health Care

I do not want any medications, machines, or other medical procedures that in reasonable medical judgment could keep me alive but cannot cure me, except as follows:

[Initial each statement that you want to apply to option (C).] If I am unable to take nutrition by mouth, I want to receive nutrition by tube or

other medical means. If I am unable to take fluids by mouth, I want to receive fluids by tube or other

medical means. If I need assistance to breathe, I want to have a ventilator used. If my heart or pulse has stopped, I want to have cardiopulmonary resuscitation (CPR) used.

Page 52: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Default Surrogate Decisionmakers I

§ 31-9-2. Persons authorized to consent to surgical or medical treatment

(a) any one of the following persons is empowered to consent: (1) Any [competent] adult, for himself or herself, whether by living

will, advance directive for health care, or otherwise; (1.1) Any person authorized to give such consent for the adult under

an advance directive for health care or durable power of attorney for

health care (2) In the absence or unavailability of a living spouse, any parent,

whether an adult or a minor, for his or her minor child; (3) Any married person, whether an adult or a minor, for himself or

herself and for his or her spouse;

Page 53: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Default Surrogate Decisionmakers II

(4) Any person temporarily standing in loco parentis, whether formally

serving or not, for the minor under his or her care; and any guardian, for his or

her ward; (5) Any female, regardless of age or marital status, for herself when

given in connection with pregnancy, or the prevention thereof, or childbirth;

or (6) Others (A) Any adult child for his or her parents; (B) Any parent for his or her adult child; (C) Any adult for his or her brother or sister; or (D) Any grandparent for his or her grandchild. (E) Grandchild (F) Niece, nephew, aunt, or uncle Treatment which the patient would have wanted had the patient

understood the circumstances under which such treatment or procedures are provided.

Page 54: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Medical Consent in Minors

Under the age of 18 may consent to: Treatment for drug abuse HIV testing Prevention of pregnancy Treatment during pregnancy and

childbirth Treatment for STD Abortion with parental notification

Page 55: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Informed Consent

Not just a piece of paperInformed consent is a means of engaging a

patient in important health care decisionsThere is therapeutic value to true informed

consent

Page 56: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Exceptions to Informed Consent

Emergency exceptions to informed consent Consent is implied in emergency when patient is lacks

capacity and surrogate unavailableTherapeutic privilegeWhat is Rule #1?Rule #1 - We are doctors, not lawyers

Page 57: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Follow-up to first lecture

Informed consent is a process, not a piece of paper

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Optional review at end of lecture

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Confidentiality

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 myselfHippocrates

Page 62: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Confidentiality

Confidentiality is the obligation on the physician not to reveal what has been learned during the course of treatment

Privilege is the right of a patient, established only by statute, whereby a patient may prevent his physician from testifying. Privilege is a legal right belonging only to the patient and not to the physician.

Page 63: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Health Insurance Portability and Accountability Act (HIPAA)

1996

Intent to restrict release of information to only that necessary to achieve the purpose

Patients may be guaranteed access to their medical records and may amend

N.B., “psychotherapy” notes, therapeutic privilege

What about disclosing information to a family member in an emergency? Consent not required if disclosure necessary for

treatment Family notification may be necessary for treatment

Page 64: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Subpoena Duces Tecum

Immediate response: Reply, don’t comply

Check with patientAdvise patient to

contact attorneyGet legal advice if

neededRelease minimum

information necessary

Page 65: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Breaking Confidentiality

Reporting child abuse or neglectAbuse of seniorsAbuse of disabledResidents of long term care facilitiesReporting HIV to stateNotifying sexual partners of HIV“Tarasoff” warningsCalifornia decision that clinicians have an

obligation to protect some third parties “protective privilege ends where the public peril

begins”

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Tarasoff

There is a duty to protect identifiable third parties when a clinician knows, or, pursuant to the standards of the profession ought to know, that the patient presents an imminent threat of danger to that third party.

Page 67: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER
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Review from November 2014

Page 69: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Why talk about professionalism?

Only a recent topic – past 25 yearsWhat’s changed that we talk on professionalism

now?“The business of medicine”

Erosion of trust between society and medicine Affluent doctors becoming wealthy Does healthcare prioritize profits over patients?

Personal life over professional sacrificeConsumerism: Are we professionals or “providers?”The Internet and “professional” laypersonsRise of other “professions”

Page 70: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Professions and the Social Contract

Society grants authority, autonomy, and privileges to professionals based on an understanding that in so doing, something of value is expected in return

Expectations – value of service, trustworthiness, competence, altruism, personal morality, self-sacrifice, accountability, exposure to long hours and danger

Privileges – trust, respect, status, relative autonomy (right to regulate profession and limit competition), income

Abuse of privileges and other unprofessional conduct which undermines trust may result in loss of privileges

Page 71: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Professionalism and trust

At the core, professionalism is what promotes trust among members of society, and what we talk about as promoting professionalism are aspects of what is needed to promote trust.

Imagine a patient or patient’s family in here now, or in your tutorial rooms. Would you do anything differently?

Page 72: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Medical professionalism

A self-regulating profession needs to operationalize its meaning of professionalism

ABIM ACP Charter on ProfessionalismMedical Professionalism in the New

Millennium: A Physician Charter. Ann Int Med 2002;136:243-246

Three “Fundamental principles” Primacy of patient welfare Principle of patient autonomy Principle of social justice

Page 73: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

ABIM ACP Charter on Professionalism 10 Physician responsibilities or commitments

CompetenceHonesty with patientsPatient confidentialityAppropriate relationships with patientsImproving quality of careImproving access to careJust distribution of resourcesScientific knowledgeManaging conflicts of interestProfessional responsibilities

Page 74: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

ABIM ACP Charter on Professionalism

Commitment to professional responsibilities

As members of a profession, physicians are expected to work collaboratively to maximize patient care, be respectful of one another, and participate in the processes of self-regulation, including remediation and discipline of members who have failed to meet professional standards. The profession should also define and organize the educational and standard-setting process for current and future members. Physicians have both individual and collective obligations to participate in these processes. These obligations include engaging in internal assessment and accepting external scrutiny of all aspects of their professional performance.

Page 75: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

(Some) Problems with Professionalism

Too much formal curriculumToo much of the wrong hidden curriculumToo much of the wrong media portrayalsMyths

You can be professional part-time, do what you want in your private life

Doctor-doctor relationshipsTrivialization – stand up straight, dress

nicely!

Page 76: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Professionalism and trust

At the core, professionalism is what promotes trust among members of society, and what we talk about as promoting professionalism are aspects of what is needed to promote trust.

Conversely, unprofessional conduct are those things which adversely affect society’s trust in the profession

Page 77: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Some Characteristics of a “Professional”

Self-regulatingSpecialized education, training, knowledge

CompetenceBehaviors

Dress Timeliness Preparedness Courtesy Hard working

Page 78: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What does it mean to be professional?

As a preclinical student? Prepared On time Respectful

As a clinical student? Appearance Prepared On time Respectful

Nurses Extra duty

Page 79: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

On Entering a Profession

An oath is taken pledging to uphold the standards of that profession

Page 80: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

The Oath of Geneva AT THE TIME OF BEING ADMITTED AS A MEMBER OF THE MEDICAL PROFESSION: I SOLEMNLY PLEDGE myself to consecrate my life to the service of humanity; I WILL GIVE to my teachers the respect and gratitude which is their due; I WILL PRACTICE my profession with conscience and dignity; THE HEALTH OF MY PATIENT will be my first consideration; I WILL RESPECT the secrets which are confided in me, even after a patient has died; I WILL REMAIN by all means in my power, the honor and the noble traditions of the medical profession; MY COLLEAGUES will be my brothers and sisters; I WILL NOT PERMIT considerations of religion, nationality, race, party politics or social understanding to intervene between my duty and my patient; I WILL MAINTAIN the utmost respect for human life from its beginning, even under threat, and I will not use my medical knowledge contrary to the laws of humanity; I MAKE THESE PROMISES solemnly, freely and upon my honor.

Page 81: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“Consecrate My Life”

I SOLEMNLY PLEDGE myself to consecrate my life to the service of humanity

Page 82: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“Respect and Gratitude”

I WILL GIVE to my teachers the respect and gratitude which is their due

Page 83: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“Conscience and Dignity”

I WILL PRACTICE my profession with conscience and dignity

Page 84: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“My First Consideration”

THE HEALTH OF MY PATIENT will be my first consideration

Page 85: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“Confided in Me”

I WILL RESPECT the secrets which are confided in me, even after a patient has died

Page 86: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“Traditions”

I WILL REMAIN by all means in my power, the honor and the noble traditions of the medical profession

Page 87: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“Brothers and Sisters”

MY COLLEAGUES will be my brothers and sisters

Page 88: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

No Other Considerations

I WILL NOT PERMIT considerations of religion, nationality, race, party politics or social understanding to intervene between my duty and my patient

Page 89: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“Respect for Human Life”

I WILL MAINTAIN the utmost respect for human life from its beginning, even under threat, and I will not use my medical knowledge contrary to the laws of humanity

Page 90: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

“Promises”

I MAKE THESE PROMISES solemnly, freely and upon my honor.

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The Oath of Geneva

Challenges to professionalism – But what about . . .?

Page 92: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Consecrate My Life

I SOLEMNLY PLEDGE myself to consecrate my life to the service of humanity What does it mean to “consecrate?” Are you ready when you come to class/rounds? Do you do just the minimum work required (e.g., number of

patients)? Resident work hours – what to do when you’ve reached the

limit and patient continuity of care or a learning might be compromised?

Will you take responsibility for your continuing education, attending meetings, reading journals, obtaining consultations?

Page 93: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Respect Teachers

I WILL GIVE to my teachers the respect and gratitude which is their due An attending asks you to suture a deep facial wound.

You have little experience with this and express your concern. The attending tells you “Well, this is how you learn” and leaves.

An attending asks you to obtain informed consent regarding a complex procedure with which you are unfamiliar and brushes aside your reservations about your ability to describe the procedure, its risks and benefits, prognosis, and alternatives.

An attending deliberately exposes parents of a newborn to a surgical procedure on their baby to demonstrate the futility of further intervention. They are devastated.

Page 94: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Conscience

I WILL PRACTICE my profession with conscience and dignity A recent graduate opens a primary care clinic

advertising itself as catering to gay and lesbian patients. It is one of very few clinics in this rural area. Residents who are not gay or lesbian are reluctant to visit the clinic.

A fertility specialist is approached by a woman who seeks to have six stored fertilized embryos implanted. She has six children at home.

A woman approaches you for advice about an elective abortion, to which you are opposed for religious reasons. Should you refer her to a colleague who performs abortions?

Page 95: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Health of My Patient

THE HEALTH OF MY PATIENT will be my first consideration Your patient comes to you for an exam prior to

traveling to Greece for his wedding. You discover him to have TB and express your concern over his trip.

A woman is brought by her husband to the EC with a history of severe depression, auditory hallucinations, and has been suicidal in the past. She gave birth six weeks ago to a health baby. She tells you “Whatever you do, don’t take my baby or make me come in the hospital. I couldn’t take it.” You are considering involuntary hospitalization (“commitment”).

Page 96: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Brothers and Sisters

MY COLLEAGUES will be my brothers and sisters Another student has been coming to groups late, lives

by himself, and there is concern among other students over his drinking and use of antianxiety (Xanax), pain, and stimulant medications.

During your EC and Internal medicine rotations you become aware of a community physician who seems to have a large number of patients coming to the hospital toxic on pain medications for which the indications are unclear, e.g., “fibromyalgia.”

Page 97: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Secrets

I WILL RESPECT the secrets which are confided in me, even after a patient has died Your patient is going through a painful divorce and, during

his annual physical examination, tells you “Sometimes I think the only way to protect the kids from her is just to get her out of picture entirely, if you know what I mean.”

Page 98: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Respect for Life

I WILL MAINTAIN the utmost respect for human life from its beginning, even under threat, and I will not use my medical knowledge contrary to the laws of humanity Patient Rights groups strongly support the “Death

with Dignity Act” in Oregon and seek to pass a similar law in Georgia. Your local legislator asks for your opinion.

Your hospital is considering a futility of care policy applicable to newborns and adults with severe medical conditions for which medical care is unlikely to provide anything but maintenance of vegetative functions. The policy would permit, after due process, termination of life supports over the objections of family.

Page 99: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Click icon to add pictureThreat to professionalism

Mangled care

Page 100: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Click icon to add pictureThreat to professionalism

Medical Industry

Page 101: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Unprofessional Conduct and Board Action

235 MDs disciplined by board 1990-2003469 MDs controlled for school and year of

graduationDisciplined for:

Unprofessional conduct (74%) Incompetence Other

Papadakis et al. Disciplinary Action by Medical Boards and Prior Behavior in Medical School. NEJM 2005;353:2673-82

Page 102: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

740 Board Violations by 235 Physicians

Use of drugs or alcohol 108Unprofessional conduct 82Conviction for a crime 46Negligence 42Prescribing/acquisition substances 39Violation of Board order/condition 32Sexual misconduct 29

Other – Failure to meet CME, fraud, billing, failure to maintain adequate records

Page 103: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Disciplined vs. Control Physicians

No gender differencesHighly significant differences (p< 0.05–

0.001) Medical school academic performance USMLE

Unprofessional conduct in school predicted subsequent disciplinary problems 39% of disciplined physicians displayed unprofessional

behaviors in school vs 19% of undisciplined physicians (disciplined physicians twice as likely to have records of unprofessional conduct during school)

P<0.001

Page 104: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Unprofessional Conduct in School

OR

Irresponsibility (>2) 8 Attendance, follow-up

Lack of self-improvement (>2) 3 Response to criticism

ImmaturityPoor initiative

Motivation, enthusiasmRelationships (students, nurses, faculty,

patients)

Page 105: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Lessons

Professionalism starts nowGood news – the two most significant

predictors are modifiable If you have problems with attendance,

preparedness – change! If you have a problem accepting criticism –

learn! Smiling inward is deadly

Page 106: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Groups

Prepare as a professional

Read the cases

Analyze using case analysis format

Discuss with colleagues as you like

Rule #! - Wear white coats to our groups

Page 107: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Optional (!) review

What are the steps to follow when analyzing the cases for next week?

Page 108: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER
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Review

What is an ethical dilemma?Conflict between or among ethical

principles, decisionmakers, and/or laws

What are the four principles of medical ethics?

AutonomyBeneficenceNon-maleficenceSocial justice

Page 113: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

The principle of autonomy in medical ethics concerns the patient’s

Right to determine what shall be done to her own body

A capacity determination isA judgment about the patient’s ability

to make a particular decision about her medical care

Page 114: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

When obtaining informed consent from a patient for a surgical procedure, amniocentesis, or use of IV contrast material, the standard in Georgia for disclosure of risks includes material risks which are

“Accepted by reasonably prudent physicians that would cause a reasonably prudent patient in similar circumstances to refuse the procedure”

Page 115: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

When a decision must be made about the medical care of an adult patient who has had, but who no longer has, decision-making capacity, should the surrogate decision-maker use the “substituted judgment” standard to reach a decision,( i.e., what the patient would have decided if competent) or the best interest standard?

Substituted judgment

Page 116: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Which three elements comprise valid, informed consent?

Capacity (Competence), relevant information, voluntary

 Which of the following is recognized as the primary ethical foundation for informed consent?

Principle of autonomy

Page 117: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

The case of Tatiana Tarasoff in California led to the enunciation of which legal principle?

There is a duty to protect identifiable third parties when a clinician knows, or, pursuant to the standards of the profession ought to know, that the patient presents an imminent threat of danger to that third party.

The Karen Ann Quinlan and Nancy Cruzan cases were both related to:

Right to die (right of surrogate decision-makers to refuse life-sustaining treatment)

Page 118: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Which law led to the requirement that hospitals ask about the presence of Advance Directives?

Patient Self-Determination ActFrom which case did this law evolve?Nancy CruzanWhat does the Oath of Hippocrates have to

say about confidentiality?A warning to keep secret knowledge

learned from professional contacts as well as knowledge learned “in the daily commerce with men”

Page 119: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Principles of Medical Ethics

Which of the following is NOT widely considered a principle of medical ethics? Autonomy Beneficence Respect Social justice Non-Malfeasance

Page 120: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

HIPAA

HIPAA is an important piece of federal legislation covering: Privacy of health care information Treatment in emergency rooms The right to privacy in medical

decisionmaking

Page 121: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Mandatory Disclosure

In which of the following cases is disclosure of information NOT required:

Suspected child abuse (REQUIRED)New HIV patient (REQUIRED)After receipt of a subpoena for medical

records to be used at a divorce proceeding (NOT REQUIRED)

Previously undisclosed criminal history (NOT REQUIRED)

Page 122: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Match case with the concept most closely identified with it

National attention on “right to die” and removal of life sustaining devices

Duty to protect third parties

Removal of feeding tube, Patient Self Determination Act

TarasoffNancy CruzanKaren Ann Quinlan

Page 123: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Autonomy

The principle of autonomy concerns the patient’s  Right to be treated with compassion Right to determine what shall be done with one’s

body Right to basic medical care Right to drive an automobile

Page 124: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Capacity (competence)

A capacity determination is A judgment about the patient’s ability to be a

good patient A judgment about the patient’s ability to make

good decisions in general A judgment about the patient’s ability to make

good medical decisions A judgment about the patient’s ability to make a

particular decision about her medical care

Page 125: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Which is the more acceptable view?

Providing the degree of information necessary for genuine informed consent is understood to require Disclosing what a reasonable physician would

disclose in the circumstances Disclosing information that a reasonable person

in those circumstances would judge relevant Both

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Best Interests or Substituted Judgment?

When a decision must be made about the medical care of an adult patient who has had, but who no longer has, decisionmaking capacity, the surrogate decisionmaker should  Use the “best interest” standard to reach a

decision, i.e., what, in the opinion of the surrogate decisionmaker is in the best interests of the patient

Use the “substituted judgment” standard to reach a decision, i.e., what the patient would have decided if competent

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Best Interests or Substituted Judgment?

When a decision must be made about the medical care of a patient who never had decisionmaking capacity, the surrogate decisionmaker should Use the “best interest” standard to reach a

decision, i.e., what, in the opinion of the surrogate decisionmaker is in the best interests of the patient

Use the “substituted judgment” standard to reach a decision, i.e., what the patient would have decided if competent

Neither a nor b

Page 128: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Informed Consent

Which of the following is NOT one of the three elements of a valid informed consent? Information Confidentiality Voluntariness Competence (capacity) Witnessed

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Minors and Medical Decisions

To which medical decisions may a minor in Georgia give consent?

Drug abuse treatmentSTDTreatment of the minor’s childPregnancyPrevention of pregnancyAbortion with parental notification (except

emergency or with court approval)

Page 130: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER
Page 131: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Slides from this point on were not part of the presentation in 2015

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Page 133: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

So why talk about professionalism?

Only a recent topic – past 25 yearsWhat’s changed that we talk on professionalism

now?“The business of medicine”

Erosion of trust between society and medicine Affluent doctors becoming wealthy Does healthcare prioritizes profits over patients?

Personal life over professional sacrificeConsumerism: Are we professionals or “providers?”The Internet and “professional” laypersonsRise of other “professions”

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What is a profession?

Page 135: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER
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What would you conclude about “professions”?

Page 137: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Professions and the Social Contract

Society grants authority, autonomy, and privileges to professionals based on an understanding that in so doing, something of value is expected in return

Expectations – value of service, trustworthiness, competence, altruism, personal morality, self-sacrifice, accountability, exposure to long hours and danger

Privileges – trust, respect, status, relative autonomy (right to regulate profession and limit competition), income

Abuse of privileges and other unprofessional conduct which undermines trust may result in loss of privileges

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Becoming a Profession: Isn’t everyone a professional?

An occupation becomes a full-time occupation Apprenticeships

Establishment of standards through formal training and education – trade schools

Establishment of a local and national associations/guilds/lobbyists

Codes of professional ethics and oaths To profess an oath

Exclusion through licensureSelf-regulation

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Professionalism and trust

At the core, professionalism is what promotes trust among members of society, and what we talk about as promoting professionalism are aspects of what is needed to promote trust.

Imagine a patient or patient’s family in here now, in your tutorial rooms. Would you do anything differently?

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Medical professionalism

A self-regulating profession needs to operationalize its meaning of professionalism

ACGMEABIM ACP Charter on Professionalism

Medical Professionalism in the New Millennium: A Physician Charter. Ann Int Med 2002;136:243-246

Three “Fundamental principles” 10 physician responsibilities

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ABIM ACP Charter on Professionalism Principle of primacy of patient welfare

This principle is based on a dedication to serving the interest of the patient. Altruism contributes to the trust that is central to the physician–patient relationship. Market forces, societal pressures, and administrative exigencies must not compromise this principle.

Emphasis on trust between physicians and patients – what about trust between physicians and society?

Page 143: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

ABIM ACP Charter on Professionalism Principle of patient autonomy

Physicians must have respect for patient autonomy. Physicians must be honest with their patients and empower them to make informed decisions about their treatment. Patients’ decisions about their care must be paramount, as long as those decisions are in keeping with ethical practice and do not lead to demands for inappropriate care.

But does emphasis on patient autonomy affect the trust placed in physician’s judgment and trust in physicians ability to protect broader interests?

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ABIM ACP Charter on Professionalism Principle of social justice

The medical profession must promote justice in the health care system, including the fair distribution of health care resources. Physicians should work actively to eliminate discrimination in health care, whether based on race, gender, socioeconomic status, ethnicity, religion, or any other social category.

How does fair allocation of resources relate to first two principles, primacy of patient welfare and patient autonomy?

Page 145: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

ABIM ACP Charter on Professionalism 10 Physician responsibilities or commitments

CompetenceHonesty with patientsPatient confidentialityAppropriate relationships with patientsImproving quality of careImproving access to careJust distribution of resourcesScientific knowledgeManaging conflicts of interestProfessional responsibilities

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ABIM ACP Charter on Professionalism

Commitment to professional responsibilities

As members of a profession, physicians are expected to work collaboratively to maximize patient care, be respectful of one another, and participate in the processes of self-regulation, including remediation and discipline of members who have failed to meet professional standards. The profession should also define and organize the educational and standard-setting process for current and future members. Physicians have both individual and collective obligations to participate in these processes. These obligations include engaging in internal assessment and accepting external scrutiny of all aspects of their professional performance.

Page 147: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

(Some) Problems with Professionalism

Too much formal curriculumToo much of the wrong hidden curriculumToo much of the wrong media portrayalsMyths

You can be professional part-time, do what you want in your private life

Doctor-doctor relationshipsTrivialization – stand up straight, dress

nicely!

Page 148: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Professionalism and trust

At the core, professionalism is what promotes trust among members of society, and what we talk about as promoting professionalism are aspects of what is needed to promote trust.

Conversely, unprofessional conduct are those things which adversely affect society’s trust in the profession

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Professors, students, and the social contract

Is there is a social contract between society and medicine, there is a social contract between society, professors, and medical students

Society pays for much of medical education, including the salaries of professors and subsidies for student tuition

Society expects that professors and students will conduct themselves so as to promote trust that medical education will further medicine’s role

Page 150: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

What is the relationship (contract) between professors and students?

Students expect professors to develop a curriculum that prepares them to become capable physicians, and to deliver it with respect for their commitments in time and money

Professors expect that students will commit themselves fully to learning

Trust and mutual respect underlie the relationship

Page 151: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Social contracts and oathsWe have oaths to profess our beliefs when we

become physiciansShould we have oaths to express our mutual

commitments to teaching and learning in medical school?

But we do have the MUSM Professionalism Statement, the AAMC Compact between Teachers and Learners, and the Honor Code.

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Careers in Medicine

Compact Between Teachers and Learners of Medicine

Preparation for a career in medicine demands the acquisition of a large fund of knowledge and a host of special skills. It also demands strengthening of those virtues that undergird the patient/physician relationship and sustain the profession of medicine as a moral enterprise. This Compact serves as both a pledge and as a reminder to teachers and learners that their conduct in fulfilling their mutual obligations is the medium through which the profession inculcates its ethical values.

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Careers in Medicine

Guiding Principles –Integrity The learning environments conducive to

conveying professional values must be suffused with integrity. Students learn enduring lessons of professionalism and caring by observing and emulating role models who epitomize authentic professional values and attitudes.

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Careers in Medicine

Guiding Principles – DutyMedical educators have a duty, not only to convey …knowledge …but also to inculcate the values and attitudes required for preserving the medical profession’s social contract across generations.

Page 155: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Careers in Medicine

Guiding Principles –RespectFundamental to the ethic of medicine is

respect for every individual. Mutual respect between learners, as novice members of the medical profession, and teachers, as experienced and esteemed professionals, is essential for nurturing that ethic. Given the inherently hierarchical nature of the teacher/learner relationship, teachers have a special obligation to ensure that students and residents are treated respectfully.

Page 156: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Careers in Medicine

The Learning Environment at Mercer University School of Medicine

The educational policies and procedures at the School of Medicine are consistent with those of the Liaison Committee on Medical Education and Mercer University. They have been developed to foster and maintain an educational and clinical community that nurtures learning in an environment where students, faculty and staff work together in an atmosphere free of all forms of harassment or intimidation. Diversity is valued recognizing that exposure to students, faculty, staff, and patients from a wide range of backgrounds, enhances the educational experiences of all students

Page 157: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Does MUSM need a teacher – student compact?

Page 158: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

HONOR CODE

IN STUDENT HANDBOOKALL DEFINITIONS OF PROFESSIONALISM INCLUDE THE THEMES OF HONESTY AND

INTEGRITY

Page 159: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Honor Code

I will respect the integrity of the patients with whom I deal and the confidential nature of their communications. I will not discuss cases except under appropriate professional or academic circumstances.

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Honor Code

I will clearly identify my role as a medical student to each patient. I will not undertake any clinical procedure unless I have been judged competent or am supervised by a qualified instructor. I will not attempt to advise, prescribe, or prognosticate for the patient without appropriate consultation. I will accept the responsibility to question plans or directives for patient care when, after careful consideration, I believe such plans not to be in the best interest of the patient.

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Honor Code

I recognize that I am an important member of the health care team and I will abide by the rules and regulations and Code of Honor in all settings in which I train or work. When given responsibility for some portion of the total care of a patient, I will assume this obligation and follow it through to the full extent of my abilities. If for some reason I am unable to fulfill my obligation, I will promptly notify the physician in charge of the patient and secure a colleague who can and will assume the care of the patient. I will be punctual, reliable, conscientious and truthful in fulfilling clinical responsibilities, never purposely falsifying information or misrepresenting a situation.

Page 162: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

On behalf of our sponsor . . .

Preventing sexual violence - Clery ActHandoutResource for your patients, colleaguesBystander videoshttps://www.youtube.com/watch?v=1ycYPmzi

sfkhttps://www.youtube.com/watch?v=Sha-

he0XPIw

Page 163: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

YOUR CAPACITY TO HEAL AND TO RELIEVE SUFFERING WILL DEPEND GREATLY ON

HOW YOU ARE PERCEIVED AS A PROFESSIONAL. PATIENTS WHO HAVE

HIGH REGARD FOR YOUR PROFESSIONALISM IN ALL ASPECTS WILL

TRUST YOUR REMEDIES AND WILL RESPOND MORE POSITIVELY.

Page 164: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Click icon to add pictureThreats to professionalism

“Alternative health care”

Social justice and lack of access

Page 165: RICHARD L. ELLIOTT, MD, PHD, FAPA PROFESSOR AND DIRECTOR MEDICAL ETHICS AND PROFESSIONALISM MERCER UNIVERSITY SCHOOL OF MEDICINE ADJUNCT PROFESSOR MERCER

Mandatory Reporting to Georgia Department of Public Health (partial list)

anthraxacute arboviral (e.g., equine encephalitis)botulismbrucellosischoleradiphtheriaE coli O157hepatitis A,B,C

measlesMeningitispertussispoliorabiessyphilisTBBirth defectsDph.georgia.gov/