eLetters

496 e-Letters

  • Paediatric Patient Preference Absolutism?

    Even when there is no reason to doubt the truth of what patients say, it does not necessarily follow that clinicians must do exactly what patients want despite the risks. Is Priest’s line of thought here, in part at least, analogous to that of Minerva (1) and therefore open to a similar critique as that of Saad (2) who coined the term Patient Preference Absolutism to describe such a position?

    1. Minerva F. Cosmetic surgery and conscientious objection. Journal of Medical Ethics 2017;44:230- 233.
    2. Saad T C Mistakes and missed opportunities regarding cosmetic surgery and conscientious objection Journal of Medical Ethics 2018;44:649-650

  • Fifty years later: the significance of the Nuremberg Code

    Fifty years later: the significance of the Nuremberg Code
    E Shuster 1 Affiliations expand, PMID: 9358142 DOI: 10.1056/NEJM199711133372006
    Veterans Affairs Medical Center, Philadelphia, PA 19104, USA.
    ----
    https://pubmed.ncbi.nlm.nih.gov/10557112/

    The prosecution of doctors guilty of appalling human rights abuses at Nuremberg was achieved on the mistaken premise that the research community already had a code of conduct which, if applied, would have made such abuses impossible. In fact, not only was there no such code but when the 'Nuremberg Code' was published after the trial it continued to be ignored by many doctors for some thirty years afterwards. Indeed its central principle of informed consent has itself been eroded by subsequent international agreements on the ethics of medical research. This review shows that the mechanisms for approval of medical research which have now been promulgated in England and Wales, in practice, are applied on a very variable basis. Research in vulnerable groups unable to give fully informed consent such as children, prisoners and the incompetent elderly require the application of more rigorous standards of ethical control than those currently in operation. The use of vulnerable populations in the developing world and the application of international standards to them is also considered. A number of suggestions for improvements in current proce...

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  • A LESSON TO BE LEARNT? HOW THE COVID-19 PANDEMIC COULD HAVE A POSITIVE IMPACT ON JUNIOR DOCTORS’ ETHICAL DECISION-MAKING.

    We were interested to read Corfield et al’s recent article on Foundation doctors’ confidence in dealing with ethical issues in the workplace(1), which felt particularly relevant to us – a fourth-year medical student and a Foundation doctor. The importance of medical law and ethics (MEL) has been emphasised by the current COVID-19 pandemic. Difficult decisions with complex ethical implications have had to be made at both clinical and managerial levels across the health service.

    Suddenly, junior doctors’ preparedness to deal with ethical dilemmas is framed in a new light. We took particular note of Corfield et al’s concluding remark which highlights the need for a supportive environment which fosters liberal discussion of ethical queries(1). It is well documented that the presence of rigid hierarchies within the clinical environment can deter junior doctors from raising uncertainties(2-4), a phenomenon likely to extend to those of an ethical nature.

    The COVID-19 pandemic represents an unprecedented challenge for medics regardless of their level of seniority, which has engendered a feeling of common endeavour with far-reaching consequences for practice. Interestingly, discussions with colleagues have echoed our perception that these changes have precipitated a less pronounced sense of hierarchy. This in turn has the potential to facilitate more open discussion of ethical issues including those generated by the crisis. In relation to the authors’ findings(1),...

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  • Safe, effective, proportional and necessary?

    While the authors are right to conclude that any compulsory medical intervention/vaccination could only be justified if the intervention is safe, effective, proportional and necessary, the moral dilemma really only starts here.

    Who should have the right to determine what is proportional and necessary? Furthermore, the safety and efficacy in themselves will be disputed. We know this from existing vaccine controversies that lead parents to decline vaccines for their children. They do not trust the data produced by the manufacturers and they do not trust anyone who has industry funding or other potential conflicts of interest. Clearly the only reason why a parent would decline a medical intervention is because they fear that it could harm their child.

    Although a Covid19 vaccine would not mainly be aimed at children, as in routine childhood immunisations, but at everyone, the question of safety and efficacy remains and invariably determines the question of proportionality as well. In fact it will be even more difficult, due to the shorter development times, shorter trial lengths and shorter follow-ups we can expect, as well as the limited time the virus is expected to be around in sufficient parts of the population that would allow for meaningful field trials.

    Safety and efficacy have always been at the heart of the debate. We know from our work with parents at Consent (https://consent-charity.org.uk) that any...

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  • Pharmacists are vulnerable too!!

    The vulnerabilities of pharmacists would appear to be invisible in the euthanasia/assisted suicide debates.

    As healthcare systems and societies are changing, the social positions of doctors, pharmacists, nurses and patients within them were changing too. In the past, clinical experts’ authority and patients’ autonomy have been in conflict. The current patient-centered / person-centered model of medical care, aims to establish egalitarian relationships between patients and healthcare clinicians and providers .

    Vulnerability can be defined as a lack of autonomy and independence, bodily and psychological insecurity, marginalized or deviant status, lack of acknowledgement within the society (1).Vulnerable groups are exposed to discrimination, intolerant attitude, subordination. Vulnerability is usually seen as an inherent quality of certain social groups (but not others). However it has many dimensions and might be attributed to relatively “powerful” groups (2). Doctors, pharmacists and nurses i.e. so called powerful groups, are rarely characterized as vulnerable groups, but within certain circumstances, they can be recognized as “vulnerable”.

    Doctors, pharmacists and nurses are in a situation where they are becoming more controlled by the patients. There is an emphasis on the myth that citizens (patients) should be autonomous and the inevitability and normality of dependency is not recognised (3). Dependency is an unavoidable feature of...

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  • Withdrawal and Withholding treatment in terminal illness: Islamic Perspective

    Withdrawal and Withholding treatment in terminal illness:
    Islamic Perspective

    Withholding or withdrawing life support is still an area of controversy. Its applicability is weighed with benefits and risks, and how futile the treatment is for the terminally ill patient.
    Unfortunately, many elder patients with chronic illness spend their last few weeks or months in hospitals. Life support is not required if it prolongs the agony and suffering associated with final stages of a terminal illness. When considering end-of-life decision making, both withholding and withdrawing life support are considered to be ethically equivalent. (1)
    Issues arising from the withdrawal and withholding treatment have not reached total consensus amongst the Muslim jurists. However, article 63 of the Islamic code of medical ethics
    (Code of Conduct1981) stated that, “the treatment of a patient can be terminated if a team of medical experts or a medical committee involved in the management of such patient are satisfied that the continuation of treatment would be futile or useless.” It further stated that “treatment of
    patients whose condition has been confirmed to be futile by the medical committee should not be commenced.” (2,3)
    The Permanent Committee for Research and Fatwa, Fatwa (Decree) No. 12086 (1989) is a landmark in regulating resuscitative measures, stopping of machines in cases thought to be not suitable for resuscitative measures. The decision shou...

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  • Words/Nga Kupu

    Words/Nga Kupu*
    The suggestion of a “Words” column focussing particularly on words from a non-western ethical tradition is great. We are journeying through perilous waters and will need to adapt our ethical framework to the new reality. A value of diversity is that we can draw on concepts from other traditions. Of course, a “Word” in a language you do not speak is of no use. The word is part of a language, which is the embodiment of a culture, and ethics is inevitably culture bound. Even words shared between cultures do not necessarily share exact meanings. A consideration of Justice within the bioethical community culture would be incomplete without reference to Rawls. A consideration of Justice within a Māori community would be centred around Te Tiriti o Waitangi/ The Treaty of Waitangi(1). A simple translation is not enough. The definition of Whakawhanaungatanga is a good starting place, but more depth is needed. It is embedded in a Māori concept of health(2), and the richness of the concepts cannot be appreciated without appreciating the context in which it is used. Whilst it is a Māori word it is now also a New Zealand word. A whole generation of medical students have been taught Māori concepts of health, including Whakawhanaungatanga, significantly spearheaded by the work of Pitama and Lacey(3). Parry as a 5th year student wrote a heart-warming case study that illustrated the value of using these concepts(4). The New Zealand ethical landscape is an example of t...

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  • MAID, social determinants, and the slippery slope.

    In their recent article, Jocelyn Downie and Udo Schuklenk conclude, first, that the Canadian experience denies the existence of a 'slippery slope' expanding medical termination from a limited to a broader medical constituency. Second, they argue a faiure to provide social constituents of health and support is a significant factor in the increased requests for 'medical aide in dying.' (1) It is hard to credit their conclusions on either point.
    As they note, 2016 legislation legalized 'medical assistance in dying" in cases of serious and incurable illness, disease or disability in an advanced state of decline with death an inevitable and foreseeable conclusion. But as they note (pg. 3-4) new legislation has broadened those criteria to include those with 'disabilities' whose death is not reasonably foreseeable as well as others with chronic, non-progressive disorders including mental illness. Indeed, enui seems to now be an acceptable rational for termination among even those without serious chronic illnesses or disorders. (2)
    That is precisely the definition of the slippery slope, a narrow framework of action is broadened to include ever larger classes of peoples.
    Similarly, they give short-shirt to the issues of the social constituents of health, ignoring the complex of predicate failures that may lead one to seek a rapid death. These include the limited availability of expert palliative care, the shortage...

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  • In Defense of Instrumental Value

    The authors argue that when we prioritize healthcare workers for ventilators because of their instrumental value as healthcare workers, we fail to value human lives equally. While they suggest that “it may be ethically justifiable for healthcare workers to receive priority for some scarce healthcare resources” and argue that healthcare workers should have sufficient personal protective equipment (PPE), they do little to explain why granting priority for these resources isn’t also, as they argue with ventilators, a case of failing to attribute equal value to human lives. Indeed, it is not clear that they think prioritizing healthcare workers for vaccines was the right thing to do: “. . . our social fabric has shown signs of unravelling as vaccine roll-outs have pulled on loose threads” and prioritizing vaccines has resulted “in unanticipated frustration, mistrust and strife.” The authors are right in their conclusion about ventilators, but we should reject the concerns their article raises about vaccines and PPE. If saving the most lives is the goal, it is consistent with valuing each person’s life equally to prioritize healthcare workers for preventive measures, particularly at the outset of a pandemic.
    The authors mention three reasons ventilators are different from preventive measures like PPE and vaccines: 1) Efficacy: Those who require a ventilator will not return to work quickly. 2) Lifesaving: While ventilators rescue endangered lives, preventive measures only...

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  • Placebos can still work when patients are told, honestly, that they are placebos

    This study, https://doi.org/10.1126/scitranslmed.3006175, showed that the placebo effect still worked when patients were informed that they were receiving the placebo.

    If this is generally true, there is no need to move from honesty.

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