258 130 9MB
English Pages 472 [374] Year 2019
The Social Medicine ReadeR volume
1 third edition
Ethics and Cultures of Biomedicine
JONaTHaN ±bERLaNDER, MaRa BUcHbINDER, ²aRRy ³. CHURcHILL, SUE ´. ´sTROff, µaNcy M. P. KINg, BaRRy F. SaUNDERs, ³ONaLD P. STRaUss, aND ³EbEcca ². WaLkER, EDs.
Duke university Press · Durham a nD LonDon · 2019
© 2019 ¶UkE ·NIVERsITy PREss ALL RIgHTs REsERVED PRINTED IN THE ·NITED STaTEs Of A¸ERIca ON acID-fREE papER ∞ ¶EsIgNED by MaTTHEw ¹aUcH ¹ypEsET IN MINION PRO by WEsTcHEsTER PUbLIsHINg SERVIcEs
²IbRaRy Of CONgREss CaTaLOgINg-IN-PUbLIcaTION ¶aTa µa¸Es: ±bERLaNDER, JONaTHaN, EDITOR. ¹ITLE: °E sOcIaL ¸EDIcINE REaDER / JONaTHaN ±bERLaNDER, MaRa BUcHbINDER, ²aRRy ³. CHURcHILL, SUE ´. ´sTROff, µaNcy M. P. KINg, BaRRy F. SaUNDERs, ³ONaLD P. STRaUss, ³EbEcca ². WaLkER, EDITORs. ¶EscRIpTION: °IRD EDITION. | ¶URHa¸ : ¶UkE ·NIVERsITy PREss, 2019– | ºNcLUDEs bIbLIOgRapHIcaL REfERENcEs aND INDEx. ºDENTIfiERs: l»»n 2018044276 (pRINT) l»»n 2019000395 (EbOOk) i¼½n 9781478004356 (EbOOk) i¼½n 9781478001737 i¼½n 9781478001737 (V. 1 ; HaRDcOVER ; aLk. papER) i¼½n 9781478002819 (V. 1 ; pbk. ; aLk. papER) SUbjEcTs: l»¼h: SOcIaL ¸EDIcINE. CLassIficaTION: l»» r¾418 (EbOOk) | l»» r¾418 .¼6424 2019 (pRINT) | dd» 362.1—Dc23 l» REcORD aVaILabLE aT HTTps://LccN.LOc.gOV/2018044276
CONtENts
Ix
¿reÀ¾»e to the third edition
1
ºNTRODUcTION
part i. Exp±RI±Nc±S Of ²llN±SS ANd ClINIcIAN-³ATI±NT ´±lATIONSHIpS 7
SILVER WaTER
Amy Bloom 15
“ºs She ´xpERIENcINg ANy PaIN?”: ¶IsabILITy aND THE PHysIcIaN-PaTIENT ³ELaTIONsHIp
S. K. Toombs 20
°E COsT Of AppEaRaNcEs
Arthur Frank 25
°E SHIp POUNDINg
Donald Hall 27
GOD aT THE BEDsIDE
Jerome Groopman 32
°E ·sE Of FORcE
William Carlos Williams 36
SUNDay ¶IaLOgUE: CONVERsaTIONs bETwEEN ¶OcTOR aND PaTIENT
Rebecca Dresser 42
WHaT THE ¶OcTOR SaID
Raymond Carver
part ii. ³ROf±SSIONAlISM ANd TH± CUlTUR± Of µ±dIcIN± VI 45
°E ²EaRNINg CURVE
stnetnoC
Atul Gawande 63
°E PERfEcT CODE
Terrence Holt 78
COEUR D’ALENE
Richard B. Weinberg 82
°E “WORTHy” PaTIENT: ³ETHINkINg THE “ÁIDDEN CURRIcULU¸” IN MEDIcaL ´DUcaTION
Robin T. Higashi, Allison Tillack, Michael A. Steinman, C. Bree Johnston, and G. Michael Harper 95
ÁOw ¶OcTORs °INk: CLINIcaL JUDg¸ENT aND THE PRacTIcE Of MEDIcINE
Kathryn Montgomery 101
ÁEaLINg SkILLs fOR MEDIcaL PRacTIcE
Larry R. Churchill and David Schenck 111
°E ÁaIR STyLIsT, THE CORN MERcHaNT, aND THE ¶OcTOR: A¸bIgUOUsLy ALTRUIsTIc
Lois Shepherd 127
µEcEssaRy AccEssORIEs
Nusheen Ameenuddin 132
°E CRITIcaL ÂOcaTION Of THE ´ssay
Barry F. Saunders 140
°E ART Of MEDIcINE: AsTH¸a aND THE ÂaLUE Of CONTRaDIcTIONs
Ian Whitmarsh 145
ScRIpT
Mara Buchbinder and Dragana Lassiter 149
±RDINaRy MEDIcINE: °E POwER aND CONfUsION Of ´VIDENcE
Sharon R. Kaufman 154
“´THIcs aND CLINIcaL ³EsEaRcH”: °E 50TH ANNIVERsaRy Of BEEcHER’s BO¸bsHELL
David S. Jones, Christine Grady, and Susan E. Lederer
part iii. ¶±AlTH CAR± ETHIcS ANd TH± ClINIcIAN’S ´Ol± VII GLOssaRy Of BasIc ´THIcaL CONcEpTs IN ÁEaLTH CaRE aND ³EsEaRcH
Nancy M. P. King 175
´THIcs IN MEDIcINE: AN ºNTRODUcTION TO MORaL ¹OOLs aND ¹RaDITIONs
Larry R. Churchill, Nancy M. P. King, David Schenck, and Rebecca L. Walker 191
ÁIsTORIcaL aND CONTE¸pORaRy CODEs Of ´THIcs: °E ÁIppOcRaTIc ±aTH, THE PRayER Of MaI¸ONIDEs, THE ¶EcLaRaTION Of GENEVa, aND THE ¾m¾ PRINcIpLEs Of MEDIcaL ´THIcs
197
´NDURINg aND ´¸ERgINg CHaLLENgEs Of ºNfOR¸ED CONsENT
Christine Grady 212
¹EacHINg THE ¹yRaNNy Of THE FOR¸: ºNfOR¸ED CONsENT IN PERsON aND ON PapER
Katie Watson 218
A ¹ERRIfyINg ¹RUTH
Rebecca Dresser 222
°E ²IE
Lawrence D. Grouse 224
¶IscHaRgE ¶EcIsIONs aND THE ¶IgNITy Of ³Isk
Debjani Mukherjee 229
µO ±NE µEEDs TO KNOw
Neil S. Calman
part iv. ¸±ATH, ¸YINg, ANd ¹IV±S AT TH± µARgINS 239
FORTy YEaRs Of WORk ON ´ND-Of-²IfE CaRE: FRO¸ PaTIENTs’ ³IgHTs TO SysTE¸Ic ³EfOR¸
Susan M. Wolf, Nancy Berlinger, and Bruce Jennings 249
¹Ry TO ³E¸E¸bER SO¸E ¶ETaILs
Yehuda Amichai 251
FaILINg TO °RIVE?
Kim Sue
stnetnoC
167
259
VIII
°E ¶EaD ¶ONOR ³ULE aND ±RgaN ¹RaNspLaNTaTION
Robert D. Truog and Franklin G. Miller 263
°E ¶aRkENINg ÂEIL Of “¶O ´VERyTHINg”
stnetnoC
Chris Feudtner and Wynne Morrison 267
¶EaTH aND ¶IgNITy: A CasE Of ºNDIVIDUaLIzED ¶EcIsION MakINg
Timothy E. Quill 273
AcTIVE aND PassIVE ´UTHaNasIa
James A. Rachels 280
CLINIcIaN-PaTIENT ºNTERacTIONs abOUT ³EqUEsTs fOR PHysIcIaN-AssIsTED SUIcIDE: A PaTIENT aND Fa¸ILy ÂIEw
Anthony L. Back, Helene Starks, Clarissa Hsu, Judith R. Gordon, Ashok Bharucha, and Robert A. Pearlman 301
My FaTHER’s ¶EaTH
Susan M. Wolf
part v. ºllOcATION ANd JUSTIc± 311
GLOssaRy: JUsTIcE aND THE ALLOcaTION Of ÁEaLTH ³EsOURcEs
Rebecca L. Walker and Larry R. Churchill 316
¶EaD MaN WaLkINg
Michael Stillman and Monalisa Tailor 320
FULL ¶IscLOsURE: ±UT-Of-POckET COsTs as SIDE ´ffEcTs
Peter A. Ubel, Amy P. Abernethy, and S. Yousuf Zafar 325
SEVEN SINs Of ÁU¸aNITaRIaN MEDIcINE
David R. Welling, James M. Ryan, David G. Burris, and Norman M. Rich 335
WHO SHOULD ³EcEIVE ²IfE SUppORT DURINg a PUbLIc ÁEaLTH ´¸ERgENcy? ·sINg ´THIcaL PRINcIpLEs TO º¸pROVE ALLOcaTION ¶EcIsIONs
Douglas B. White, Mitchell H. Katz, John M. Luce, and Bernard Lo
353
¾½out the editor¼
355
indeX
PrEfA±E tO tHE ²HIrD ³DItION
°E EIgHT EDITORs Of THIs THIRD EDITION Of THE Social Medicine Reader INcLUDE sIx cURRENT aND TwO fOR¸ER ¸E¸bERs Of THE ¶EpaRT¸ENT Of SOcIaL MEDIcINE IN THE ·NIVERsITy Of µORTH CaROLINa (un») aT CHapEL ÁILL ScHOOL Of MEDIcINE. FOUNDED IN 1977, THE ¶EpaRT¸ENT Of SOcIaL MEDIcINE, wHIcH INcLUDEs scHOLaRs IN ¸EDIcINE, THE sOcIaL scIENcEs, THE HU¸aNITIEs, aND pUbLIc HEaLTH, Is cO¸¸ITTED TO THE pRO¸OTION aND pROVIsION Of ¸ULTIDIscIpLINaRy EDUcaTION, LEaDERsHIp, sERVIcE, REsEaRcH, aND scHOLaRsHIp aT THE INTERsEcTION Of ¸EDIcINE aND sOcIETy. °Is INcLUDEs a fOcUs ON THE sOcIaL cONDITIONs aND cHaRacTERIsTIcs Of paTIENTs aND pOpULaTIONs; THE sOcIaL DI¸ENsIONs Of ILLNEss; THE ETHIcaL aND sOcIaL cONTExTs Of ¸EDIcaL caRE, INsTITUTIONs, aND pROfEssIONs; aND REsOURcE aLLOcaTION aND HEaLTH caRE pOLIcy. °Is TwO-VOLU¸E REaDER REflEcTs THE syLLabUs Of a yEaR-LONg, REqUIRED INTERDIscIpLINaRy cOURsE THaT Has bEEN TaUgHT TO fiRsT-yEaR ¸EDIcaL sTUDENTs aT un» sINcE 1978. °E gOaL Of THE cOURsE sINcE ITs INcEpTION Has bEEN TO DE¸ONsTRaTE THaT ¸EDIcINE aND ¸EDIcaL pRacTIcE HaVE a pROfOUND INflUENcE ON— aND aRE INflUENcED by—sOcIaL, cULTURaL, pOLITIcaL, aND EcONO¸Ic ¸aTTERs. ¹EacHINg THIs pERspEcTIVE REqUIREs INTEgRaTINg ¸EDIcaL aND NON¸EDIcaL ¸aTERIaLs aND VIEwpOINTs. °EREfORE, THIs REaDER INcORpORaTEs pIEcEs fRO¸ ¸aNy fiELDs wITHIN ¸EDIcINE, THE sOcIaL scIENcEs, aND HU¸aNITIEs, REpREsENTINg THE ¸OsT ENgagINg, pROVOcaTIVE, aND INfOR¸aTIVE ¸aTERIaLs aND IssUEs wE HaVE TRaVERsED wITH OUR sTUDENTs. MEDIcINE’s I¸pacT ON sOcIETy Is ¸ULTIDI¸ENsIONaL. MEDIcINE sHapEs HOw wE THINk abOUT THE ¸OsT fUNDa¸ENTaL, ENDURINg HU¸aN ExpERIENcEs— cONcEpTION, bIRTH, ¸aTURaTION, sIckNEss, sUffERINg, HEaLINg, agINg, aND DEaTH— as wELL as THE ¸ETapHORs wE UsE TO ExpREss OUR DEEpEsT cONcERNs. MEDIcaL pRacTIcEs aND sOcIaL REspONsEs TO THE¸ HaVE HELpED TO REDEfiNE THE ¸EaNINgs Of agE, RacE, aND gENDER. SOcIaL fORcEs LIkEwIsE HaVE a pOwERfUL INflUENcE ON ¸EDIcINE. MEDIcaL kNOwLEDgE aND pRacTIcE, LIkE aLL kNOwLEDgE aND pRacTIcE, aRE sHapED by pOLITIcaL, cULTURaL, aND EcONO¸Ic fORcEs. °Is INcLUDEs ¸ODERN scIENcE’s pURsUIT Of kNOwLEDgE THROUgH OsTENsIbLy NEUTRaL, ObjEcTIVE ObsERVaTION aND ExpERI¸ENTaTION. PHysIcIaNs’ IDEas abOUT DIsEasE—IN facT THEIR VERy DEfiNITIONs Of
DIsEasE—DEpEND ON THE ROLEs THaT scIENcE aND scIENTIsTs pLay IN paRTIcULaR
x
cULTUREs, as wELL as ON THE VaRIOUs cULTUREs Of LabORaTORy aND cLINIcaL scIENcE. ¶EspITE THE pOwER Of THE bIO¸EDIcaL ¸ODEL Of DIsEasE aND THE INcREasINg
n o i t i d E d r i h T e h t o t e c a f e r P
spEcIficITy Of ¸OLEcULaR aND gENETIc kNOwLEDgE, sOcIaL facTORs HaVE aLways INflUENcED THE OccURRENcE aND cOURsE Of ¸OsT DIsEasEs. AND ONcE DIsEasE Has OccURRED, THE pOwER Of ¸EDIcINE TO aLTER ITs cOURsE Is cONsTRaINED by THE LaRgER sOcIaL, EcONO¸Ic, aND pOLITIcaL cONTExTs. WHILE THE ORIgIN Of THEsE VOLU¸Es LIEs IN TEacHINg ¸EDIcaL sTUDENTs, wE bELIEVE THE sELEcTIONs THEy INcLUDE wILL REsONaTE wITH a bROaDER REaDERsHIp fRO¸ aLLIED HEaLTH fiELDs, THE ¸EDIcaL HU¸aNITIEs, bIOETHIcs, aRTs aND scIENcEs, aND THE INTEREsTED pUbLIc. °E ¸aNy VOIcEs REpREsENTED IN THEsE REaDINgs INcLUDE INDIVIDUaL NaRRaTIVEs Of ILLNEss ExpERIENcE, cO¸¸ENTaRIEs by pHysIcIaNs, DEbaTE abOUT cO¸pLEx ¸EDIcaL casEs aND pRacTIcEs, aND cONcEpTUaLLy aND E¸pIRIcaLLy basED scHOLaRLy wRITINgs. °EsE aRE REaDINgs wITH THE LITERaRy aND scHOLaRLy pOwER TO cONVEy THE cO¸pLIcaTED RELaTIONsHIps bETwEEN ¸EDIcINE, HEaLTH, aND sOcIETy. °Ey DO NOT REsOLVE THE ¸OsT VExINg cONTE¸pORaRy IssUEs, bUT THEy DO ILLU¸INaTE THEIR NUaNcEs aND cO¸pLExITIEs, INVITINg DIscUssION aND DEbaTE. ³EpEaTEDLy, THE REaDINgs THROUgHOUT THEsE TwO VOLU¸Es ¸akE cLEaR THaT ¸UcH Of wHaT wE ENcOUNTER IN scIENcE, IN sOcIETy, aND IN EVERyDay aND ExTRaORDINaRy LIVEs Is INDETER¸INaTE, a¸bIgUOUs, cO¸pLEx, aND cONTRaDIcTORy. AND bEcaUsE Of THIs INHERENT a¸bIgUITy, THE INTERwOVEN sELEcTIONs HIgHLIgHT cONflIcTs abOUT pOwER aND aUTHORITy, aUTONO¸y aND cHOIcE, aND sEcURITy aND RIsk. By cRITIcaLLy aNaLyzINg THEsE aND ¸aNy OTHER RELaTED IssUEs, wE caN OpEN Up pOssIbILITIEs, cHaNgE wHaT ¸ay sEE¸ INEVITabLE, aND pRacTIcE pROfEssIONaL TRaININg aND caREgIVINg wITH aN INcREasED capacITy fOR REflEcTION aND sELf-Exa¸INaTION. °E gOaL Is TO IgNITE aND fUEL THE INNER VOIcEs Of sOcIaL aND ¸ORaL aNaLysIs a¸ONg HEaLTH caRE pROfEssIONaLs, aND a¸ONg Us aLL. ANy scHOLaRLy aNTHOLOgy Is OpEN TO cHaLLENgEs abOUT wHaT Has bEEN INcLUDED aND wHaT Has bEEN LEſt OUT. °Is cOLLEcTION Is NO ExcEpTION. °E sTUDy Of ¸EDIcINE aND sOcIETy Is DyNa¸Ic, wITH LaRgE aND EVER-ExpaNDINg bODIEs Of LITERaTURE fRO¸ wHIcH TO DRaw. WE HaVE O¸ITTED sO¸E REaDINgs wIDELy cONsIDERED TO bE “cLassIcs” aND HaVE INcLUDED sO¸E REaDINgs THaT aRE ExcITINg aND NEw—THaT wE bELIEVE HaVE aN INDELIbLE I¸pacT. WE HaVE cHOsEN TO INcLUDE ¸aTERIaL wITH LITERaRy aND scHOLaRLy ¸ERIT aND THaT Has wORkED wELL IN THE cLassROO¸, pROVOkINg DIscUssION aND ENgagINg REaDERs’ I¸agINaTIONs. °EsE REaDINgs INVITE cRITIcaL Exa¸INaTION, a LabOR Of REaDINg aND DIscUssION THaT Is INHERENTLy DIfficULT bUT EDUcaTIONaLLy REwaRDINg.
ÂOLU¸E 1, Ethics and Cultures of Biomedicine, Exa¸INEs ExpERIENcEs Of ILLNEss; THE ROLEs aND TRaININg Of HEaLTH caRE pROfEssIONaLs aND THEIR RELaTION-
xI
caRE ETHIcs; DEaTH aND DyINg; aND REsOURcE aLLOcaTION aND jUsTIcE. ÂOLU¸E 2,
Differences and Inequalities, ExpLOREs HEaLTH aND ILLNEss, fOcUsINg ON HOw DIffERENcE aND DIsabILITy aRE DEfiNED aND ExpERIENcED IN cONTE¸pORaRy A¸ERIca, aND HOw sOcIaL caTEgORIEs cO¸¸ONLy UsED TO pREDIcT DIsEasE OUTcO¸Es—gENDER, RacE/ETHNIcITy, aND sOcIaL cLass—sHapE HEaLTH OUTcO¸Es aND ¸EDIcaL caRE. WE THaNk OUR TEacHINg cOLLEagUEs wHO HELpED cREaTE aND REfiNE aLL THREE EDITIONs Of THIs REaDER. °EsE cOLLEagUEs HaVE cO¸E OVER THE yEaRs fRO¸ bOTH wITHIN aND OUTsIDE THE ¶EpaRT¸ENT Of SOcIaL MEDIcINE aND THE ·NIVERsITy Of µORTH CaROLINa aT CHapEL ÁILL. ´qUaL gRaTITUDE gOEs TO OUR sTUDENTs, wHOsE cRITIcIs¸ aND ENTHUsIas¸ OVER fOUR DEcaDEs HaVE I¸pROVED OUR TEacHINg aND HaVE INflUENcED Us gREaTLy IN ¸akINg THE sELEcTIONs fOR THE REaDER. WE THaNk THE ¶EpaRT¸ENT’s facULTy aND sTaff, pasT aND pREsENT; sTUDENTs aND cOLLEagUEs fRO¸ ÂaNDERbILT ·NIVERsITy ScHOOL Of MEDIcINE aND WakE FOREsT ScHOOL Of MEDIcINE HaVE sI¸ILaRLy bEEN INsTRU¸ENTaL. WE EspEcIaLLy THaNk KaTHy CROsIER, THE cOURsE cOORDINaTOR fOR OUR fiRsT-yEaR cLass, wHO assIsTED wITH THE pREpaRaTION Of THE Reader. °E EDITORs gRaTEfULLy ackNOwLEDgE sUppORT fRO¸ THE ¶EpaRT¸ENT Of SOcIaL MEDIcINE, ·NIVERsITy Of µORTH CaROLINa aT CHapEL ÁILL ScHOOL Of MEDIcINE; THE CENTER fOR BIO¸EDIcaL ´THIcs aND SOcIETy, ÂaNDERbILT ·NIVERsITy ScHOOL Of MEDIcINE; aND THE CENTER fOR BIOETHIcs, ÁEaLTH, aND SOcIETy, WakE FOREsT ·NIVERsITy.
n o i t i d E d r i h T e h t o t e c a f e r P
sHIps wITH paTIENTs; INsTITUTIONaL cULTUREs Of bIOscIENcE aND ¸EDIcINE; HEaLTH
This page intentionally left blank
InTRoducT±on
°Is fiRsT Of THE TwO VOLU¸Es THaT cO¸pRIsE THE Social Medicine Reader THE¸aTIcaLLy ExpLOREs THE ExpERIENcEs Of ILLNEss; THE ROLEs aND TRaININg Of HEaLTH caRE pROfEssIONaLs aND THEIR RELaTIONsHIps wITH paTIENTs aLONgsIDE THE bROaDER cULTUREs Of bIO¸EDIcINE; ETHIcs IN HEaLTH caRE; ExpERIENcEs aND DEcIsIONs REgaRDINg DEaTH, DyINg, aND sTRUggLINg TO LIVE; aND paRTIcULaR ¸aNIfEsTaTIONs Of INjUsTIcE IN THE bROaDER HEaLTH sysTE¸. °E VOLU¸E’s REaDINgs, wHIcH INcLUDE NaRRaTIVEs, Essays, casEs sTUDIEs, ficTION, aND pOETRy, HaVE bEEN “ROaD-TEsTED” IN sOcIaL scIENcE, ETHIcs, aND HU¸aNITIEs cLassEs IN HEaLTH pROfEssIONaL scHOOLs aND gRaDUaTE aND UNDERgRaDUaTE pROgRa¸s. °Ey HaVE bEEN UsED TO sTI¸ULaTE DEbaTE aND s¸aLL-gROUp INTERacTIONs OR ExERcIsEs, aND THEy HaVE sERVED as LaUNcHINg pOINTs fOR LaRgER cLass DIscUssIONs. WE DO NOT cOVER aNy cONTENT aREa cO¸pLETELy; OUR gOaL INsTEaD Is TO pROVIDE sTI¸ULaTINg sELEcTED REaDINgs fRO¸ wHIcH TO ENgagE sTUDENTs IN DIscUssION aND DEEpER INVEsTIgaTION. °E EIgHT EDITORs Of THIs VOLU¸E aRE DIVERsE IN THEIR scHOLaRLy backgROUNDs, ExpERTIsE, aND TEacHINg sTyLEs. WE EacH TEacH THE sa¸E ¸aTERIaLs DIffERENTLy aND HaVE LEaRNED ¸UcH fRO¸ EacH OTHER THROUgH ¸aNy yEaRs Of facULTy ¸EETINgs fOcUsED ON TEacHINg aND pEDagOgy. ±UR cOLLabORaTION ExE¸pLIfiEs THE aDapTabILITy Of THE VOLU¸E’s REaDINgs TO a VaRIETy Of fOR¸aTs, sETTINgs, aND appROacHEs. BEgINNINg THIs VOLU¸E wITH ExpERIENcEs Of ILLNEss HELps TO gROUND THE NaTURE aND ¸EaNINg Of sIckNEss aND HEaLINg IN THE fa¸ILIaR yET UNIqUELy ExpERIENcED sTaTE Of bEINg a paTIENT. ALL HEaLTH caRE pROVIDERs HaVE bEEN, aND wILL bE agaIN, paTIENTs aND fa¸ILy ¸E¸bERs Of paTIENTs. ÂIVID NaRRaTIVEs abOUT ¸aNagINg ILLNEss IN DaILy LIfE HELp bUILD UNDERsTaNDINg Of THE VaNTagE pOINTs Of paTIENTs aND fa¸ILy ¸E¸bERs wHO paRTIcIpaTE IN ILLNEss ExpERIENcEs. ¹EacHERs aND sTUDENTs UNaccUsTO¸ED TO ficTION aND pOETRy IN THE cLassROO¸ ¸ay bE sURpRIsED aT HOw REaDILy THEsE ¸aTERIaLs caN sTI¸ULaTE RIcH aND NUaNcED DIscUssION Of pROfOUNDLy sIgNIficaNT IssUEs—EspEcIaLLy wHEN REaD aLOUD. WHILE THE fiRsT paRT Of THE VOLU¸E Is paRTIcULaRLy RIcH IN THEsE fOR¸s Of LITERaTURE, sUcH sELEcTIONs appEaR IN ¸OsT OTHER paRTs Of THE VOLU¸E as wELL. ºN THE sEcOND paRT Of THE VOLU¸E, ¸EDIcaL sOcIaLIzaTION aND THE DOcTOR- paTIENT RELaTIONsHIp aRE cONsIDERED. SOcIaL scIENTIsTs HaVE ExTENsIVELy Exa¸INED
THE pROcEssEs THaT TRaNsfOR¸ ¸EDIcaL sTUDENTs INTO cOUNsELORs Of HEaLTH
2
aND INTERVENERs IN IssUEs Of LIfE aND DEaTH. PROfEssIONs, LIkE OTHER sOcIaL gROUps, HaVE cULTUREs: THEy HaVE spEcIaLIzED LaNgUagEs aND ways Of UNDER-
noitcudortnI
sTaNDINg, NOR¸s Of bEHaVIOR, UNIqUE cUsTO¸s, RITEs Of passagE, aND cODEs Of cONDUcT. STUDENTs aRE sOcIaLIzED INTO THE “cULTURE Of bIO¸EDIcINE” IN a TRaININg pROcEss THaT cHaNgEs THE sTUDENT THROUgH DIREcT cONTacT wITH aND kNOwLEDgE Of THE ¸OsT pERsONaL aspEcTs Of HU¸aN ExIsTENcE. MaNy sTUDENTs ENTER ¸EDIcaL scHOOL wITH IDEaLIsTIc VIEws Of ¸EDIcINE, ITs gOaLs, aND ITs basIs IN EVIDENcE. As THEy LEaRN THE IDEOLOgy aND ETHIcs Of ¸EDIcINE aND UNcOVER THE cO¸pLEx EVIDENcE basE THaT ¸EDIcINE pUTs INTO pRacTIcE, THEy ¸ay facE UNcERTaINTy THaT Is TOO OſtEN LEſt UNsTaTED IN pUbLIc; THEy ¸ay UNDERgO pROfOUND cHaNgEs IN THEIR pERspEcTIVEs aND EVEN THEIR IDENTITIEs. °EsE REaDINgs pRO¸OTE REflEcTION ON THE ROLEs Of HEaLTH pROfEssIONaL sTUDENTs aND pRacTITIONERs, ON THE cHaLLENgEs INHERENT IN THE pHysIcIaN-paTIENT RELaTIONsHIp, aND ON NaVIgaTINg bETwEEN pROfEssIONaL aND pERsONaL ExpERIENcEs, VaLUEs, aND TRUTHs. °E THIRD paRT Of THE VOLU¸E TURNs TO a ¸ORE ExpLIcIT fOcUs ON HEaLTH caRE ETHIcs. °Is sEcTION INcLUDEs NaRRaTIVEs (ficTION aND NONficTION) Of cLINIcIaN aND paTIENT ExpERIENcEs, as wELL as THEORETIcaL fRa¸INg aND pROfEssIONaL gUIDaNcE. ³EaDINgs Exa¸INE ¸ORaL REasONINg aND wHaT IT ¸EaNs TO HaVE a ¸ORaL LIfE as a cLINIcIaN IN RELaTIONsHIps wITH paTIENTs. FUNDa¸ENTaL ¸ORaL pREcEpTs IN HEaLTH caRE pRacTIcE—TRUTH-TELLINg, INfOR¸ED cONsENT, pRIVacy, aUTONO¸y, aND bENEficENcE—aRE aDDREssED IN THEIR OwN RIgHT aND aLsO pREsENTED IN casEs aND sTORIEs THaT pOsE pRObLE¸s TO bE UNRaVELED, Exa¸INED, aND DEbaTED fRO¸ a wIDE RaNgE Of VIEwpOINTs. ºN THIs sEcTION, cO¸pLEx ETHIcaL IssUEs aRE pREsENTED as DyNa¸Ic: E¸bEDDED IN TI¸E, pLacE, sOcIETy, HIsTORy, aND cULTURE, aND ENTaNgLED IN ¸ULTIpLE RELaTIONsHIps. °E fOURTH paRT Of THIs VOLU¸E E¸pLOys THE pRIOR THE¸Es TO aDDREss DEcIsION ¸akINg, pOLIcIEs, aND ExpERIENcEs aT THE ¸aRgINs Of LIfE—INcLUDINg DEaTH, DyINg, aND sTRUggLINg TO LIVE. °E wORk Of THIs sEcTION INcLUDEs aN EffORT TO cLaRIfy cONcEpTs; aN Exa¸INaTION Of sIgNIficaNT sOcIaL DIsagREE¸ENTs aND ¸O¸ENTs IN END-Of-LIfE DEcIsION ¸akINg; aND spEcIfic aTTENTION TO LIfE pROLONgaTION, TREaT¸ENT wITHDRawaL, aND THE ENDINg Of LIfE, wHETHER wELcO¸E OR UNwELcO¸E. QUEsTIONs aRE RaIsED abOUT THE LEgaL, ETHIcaL, aND pRacTIcaL ¸EDIcaL aspEcTs Of END-Of-LIfE caRE, THE NaTURE aND pOwER Of ¸EDIcaL jUDg¸ENTs, aND LONg-sTaNDINg pROfEssIONaL aND pERsONaL DIsagREE¸ENTs abOUT THE END Of LIfE. POETRy, pERsONaL NaRRaTIVE, aND THE VOIcEs Of paTIENTs aND THEIR fa¸ILIEs OpEN THE pOssIbILITy fOR DIscUssION Of ¸ORaLITy, ¸EaNINg, LOss, gRIEf, aND pROfOUND UNcERTaINTy IN THE facE Of DEaTH.
°E fiNaL sEcTION Of THIs VOLU¸E appROacHEs jUsTIcE aND aLLOcaTION THROUgH a fEw Exa¸pLEs NOT cO¸¸ONLy aDDREssED IN TExTs ON DIsTRIbUTIVE jUsTIcE
3
HEaLTH-RELaTED jUsTIcE IssUEs IN OTHER VOLU¸Es, OUR gOaL HERE Is TO INTRODUcE THE RELEVaNT cONcEpTs aND ILLUsTRaTE THE wIDE DIVERsITy Of ways IN wHIcH INjUsTIcE Is HIDINg IN pLaIN sIgHT IN ¸EDIcINE. °E VaRIETy Of REaDINgs IN THIs VOLU¸E caN bE aDDREssED pRODUcTIVELy fRO¸ DIffERENT DIscIpLINaRy pERspEcTIVEs aND IN ¸aNy TEacHINg sTyLEs aND fOR¸aTs. °EsE REaDINgs aRE REaDILy cO¸bINED wITH THOsE fRO¸ VOLU¸E 2 Of THE Social
Medicine Reader , TITLED Differences and Inequalities . ³EaDINgs fRO¸ bOTH VOLU¸Es caN bE REsHUfflED aND REcO¸bINED, sTaND TOgETHER OR aLONE, OR bE sUppLE¸ENTED by OTHER LITERaTURE. A kEy TO UsINg THEsE REaDINgs sUccEssfULLy Is TO appROacH THE¸ wITH flExIbILITy—as HELpINg TO sHapE THE RIgHT qUEsTIONs RaTHER THaN gIVINg paRTIcULaR aNswERs. ±UR HOpE Is THaT bOTH TEacHERs aND sTUDENTs Of ¸aTERIaLs LIkE THEsE wILL gO ON askINg qUEsTIONs, aND fiNDINg DIffERENT aND DEEpER aNswERs, aLL THEIR LIVEs.
noitcudortnI
IN HEaLTH caRE. BEcaUsE THERE aRE ¸aNy ¸ORE cO¸pREHENsIVE TREaT¸ENTs Of
This page intentionally left blank
expeRienceS oF illneSS and clinician-paTienT RelaTionShipS
I
This page intentionally left blank
S±lVeR WATeR Amy Bloom
My sIsTER’s VOIcE was LIkE ¸OUNTaIN waTER IN a sILVER pITcHER; THE cLEaR bLUE bEaUTy Of IT cOOLs yOU aND LIſts yOU Up bEyOND yOUR HEaT, bEyOND yOUR bODy. AſtER wE wENT TO sEE La Traviata, wHEN sHE was fOURTEEN aND º was TwELVE, sHE ELbOwED ¸E IN THE paRkINg LOT aND saID, “CHEck THIs OUT.” AND sHE OpENED HER ¸OUTH UNNaTURaLLy wIDE aND HER VOIcE ca¸E OUT, sO cRysTaLLINE aND bRIgHT THaT aLL THE DEpaRTINg OpERagOERs sTOOD fROzEN by THEIR caRs, UNabLE TO TakE OUT THEIR kEys OR OpEN THEIR DOORs UNTIL sHE HaD fiNIsHED, aND THEN THEy cHEERED LIkE HELL. °aT’s wHaT º LIkE TO RE¸E¸bER, aND THaT’s THE sTORy º TOLD TO aLL Of HER THERapIsTs. º waNTED THE¸ TO kNOw HER, TO kNOw THaT wHO THEy saw was NOT aLL THERE was TO sEE. °aT bEfORE HER cONsTaNT TINkLINg Of cO¸¸ERcIaLs aND fasT-fOOD jINgLEs THERE HaD bEEN PUccINI aND MOzaRT aND Hy¸Ns sO swEET aND ¸IgHTy yOU ExpEcTED JEsUs TO cO¸E DOwN Off HIs cROss aND cLap. °aT bEfORE THERE was a ¸OUNTaIN Of °ORazINED faT, swayINg DOwN THE HaLLs IN NyLON ¸aTERNITy TOps aND swEaTpaNTs, THERE HaD bEEN THE pRETTIEsT gIRL IN ARRaNDaLE ´LE¸ENTaRy ScHOOL, THE bELLE Of ²aND¸aRk JUNIOR ÁIgH. MaybE THERE wERE OTHER pRETTy gIRLs, bUT º DIDN’T sEE THE¸. ¹O ¸E, ³OsE, ¸y bEaUTIfUL bLOND DEfENDER, ¸y gUIDE TO ¹a¸pax aND ¸y ¸OTHER’s ¸OODs, was pERfEcT. SHE HaD HER fiRsT psycHOTIc bREak wHEN sHE was fiſtEEN. SHE HaD bEEN cO¸INg HO¸E ¸OODy aND TEaRfUL, THEN qUIETLy bEa¸INg, THEN sHE sTOppED cO¸INg HO¸E. SHE wOULD gO OUT INTO THE wOODs bEHIND OUR HOUsE aND NOT cO¸E IN UNTIL ¸y ¸OTHER wENT aſtER HER aT DUsk, aND sTEppED gENTLy INTO THE bRIaRs aND sapLINgs aND pULLED HER OUT, bLaNk-facED, HER paLE bLUE swEaTER cOVERED wITH cRU¸bLED LEaVEs, HER wHITE jEaNs s¸EaRED wITH DIRT. AſtER THREE wEEks
A¸y BLOO¸, “SILVER WaTER,” fRO¸ Come to Me: Short Stories, by A¸y BLOO¸. © 1993 by A¸y BLOO¸. PUbLIsHED IN THE ·NITED STaTEs by ÁaRpERCOLLINs PUbLIsHERs. ±RIgINaLLy appEaRED IN
Story , AUTU¸N 1991. µO paRT Of THIs ¸aTERIaL ¸ay bE REpRODUcED, IN wHOLE OR paRT, wITHOUT THE ExpREss wRITTEN pER¸IssION Of THE aUTHOR OR HER agENT.
Of THIs, ¸y ¸OTHER, wHO Is a ¸UsIcIaN aND wIDELy REgaRDED as EccENTRIc, saID
8
TO ¸y faTHER, wHO Is a psycHIaTRIsT aND a kIND, saD ¸aN, “SHE’s gOINg Off.” “WHaT Is THaT, yOUR pROfEssIONaL OpINION?” ÁE pIckED Up THE NEwspapER
moolB ymA
aND pUT IT DOwN agaIN, sIgHINg. “º’¸ sORRy, º DIDN’T ¸EaN TO sNap aT yOU. º kNOw sO¸ETHINg’s bOTHERINg HER. ÁaVE yOU TaLkED TO HER?” “WHaT’s THERE TO say? ¶aVID, sHE’s gOINg cRazy. SHE DOEsN’T NEED a HEaRT- TO-HEaRT TaLk wITH MO¸, sHE NEEDs a HOspITaL.” °Ey wENT back aND fORTH, aND ¸y faTHER saT DOwN wITH ³OsE fOR a fEw HOURs, aND sHE saT THERE LIckINg THE HaIRs ON HER fOREaR¸, fiRsT ONE way, THEN THE OTHER. My ¸OTHER sTOOD IN THE HaLLway, DRy-EyED aND paLE, waTcHINg THE TwO Of THE¸. SHE HaD aLREaDy packED, aND wHEN THREE Of ¸y faTHER’s fRIENDs DROppED by TO OffER fREE cONsULTaTIONs aND REcO¸¸ENDaTIONs, ¸y ¸OTHER aND ³OsE’s sUITcasE wERE aLREaDy IN THE caR. My ¸OTHER HUggED ¸E aND TOLD ¸E THaT THEy wOULD bE back THaT NIgHT, bUT NOT wITH ³OsE. SHE aLsO saID, DIVININg ¸y wORsT fEaR, “ºT wON’T HappEN TO yOU, HONEy. SO¸E pEOpLE gO cRazy aND sO¸E pEOpLE NEVER DO. YOU NEVER wILL.” SHE s¸ILED aND sTROkED ¸y HaIR. “µOT EVEN wHEN yOU waNT TO.” ³OsE was IN HOspITaLs, gREaT aND s¸aLL, fOR THE NExT TEN yEaRs. SHE HaD LOTs Of TERRIbLE THERapIsTs aND a fEw gOOD ONEs. ±NE pLacE HaD NO pIcTUREs ON THE waLLs, NO wINDOws, aND THE paTIENTs aLL wORE sLIppERs wITH THE HOspITaL cREsT ON THE¸. My ¸OTHER DIDN’T EVEN bOTHER TO gO TO AD¸IssIONs. SHE TURNED ³OsE aROUND aND THE TwO Of THE¸ ¸aRcHED OUT, ¸y faTHER waLkINg bEHIND THE¸, apOLOgIzINg TO HIs cOLLEagUEs. My ¸OTHER IgNORED THE psycHIaTRIsTs, THE sOcIaL wORkERs, aND THE NURsEs, aND pLayED ÁaNDEL aND BEssIE S¸ITH fOR THE paTIENTs ON wHaTEVER was aVaILabLE. AT sO¸E pLacEs, sHE HaD a STEINway DONaTED by a gRaTEfUL, OR OpTI¸IsTIc, fa¸ILy; aT OTHERs, sHE baNgED OUT “GI¸¸E a PIgfOOT aND a BOTTLE Of BEER” ON aN OLD, scaRRED bOx THaT HaDN’T bEEN TUNED sINcE THERE’D bEEN ´NgLIsH-spEakINg pHysIcIaNs ON THE gROUNDs. My faTHER TaLkED IN sERIOUs, appREcIaTIVE TONEs TO THE aD¸INIsTRaTORs aND UNIT cHIEfs aND TRIED TO bE fRIENDLy wITH wHOEVER was ¸aNagINg ³OsE’s casE. WE aLL HaTED THE fa¸ILy THERapIsTs. °E wORsT fa¸ILy THERapIsT wE EVER HaD saT IN a paLE gREEN ROO¸ wITH Us, VIsIbLy TakINg sTOck Of ¸y ¸OTHER’s ETHEREaL bEaUTy aND HER faDED bLUE ¹-sHIRT aND gIRL-sIzED jEaNs, ¸y faTHER’s RU¸pLED sUIT aND sTaINED TIE, aND ¸y OwN UNREaDabLE sEVENTEEN-yEaR-OLD fasHION sTaTE¸ENT. ³OsE was bEyOND fasHION THaT yEaR, IN ONE Of HER DaNcINg TEDDy bEaR s¸Ocks aND ExTRa-ExTRa-LaRgE CELTIcs swEaTpaNTs. MR. WaLkER REaD ³OsE’s fiLE IN fRONT Of Us aND THEN waTcHED IN aLaR¸ as ³OsE bEgaN cROONINg, bEaUTIfULLy, aND sLOwLy ¸assagINg HER bREasTs. My ¸OTHER aND º LaUgHED, aND EVEN ¸y faTHER sTaRTED TO s¸ILE. °Is was ³OsE’s UsUaL OpENINg saLVO fOR NEw THERapIsTs.
MR. WaLkER saID, “º wONDER wHy IT Is THaT EVERyONE Is sO ENTERTaINED by ³OsE bEHaVINg INappROpRIaTELy.”
9
NaTELy, was DETER¸INED TO DO RIgHT by Us. “WHaT DO yOU THINk Of ³OsE’s bEHaVIOR, ÂIOLET?” °Ey DID THIs sO¸ETI¸Es. ºN THEIR ¸aNUaL IT ¸UsT say, ºf yOU THINk THE paRENTs aRE TOO wEIRD, TRy TaLkINg TO THE sIsTER. “º DON’T kNOw. MaybE sHE’s TRyINg TO gET yOU TO sTOp TaLkINg abOUT HER IN THE THIRD pERsON.” “µIcELy pUT,” ¸y ¸OTHER saID. “ºNDEED,” ¸y faTHER saID. “FUckIN’ A,” ³OsE saID. “WELL, THIs Is sO¸ETHINg THaT THE wHOLE fa¸ILy agREEs UpON,” MR. WaLkER saID, TRyINg TO acT as If HE UNDERsTOOD OR EVEN LIkED Us. “°aT was NOT a sUccEssfUL INTERVENTION, FERRET FacE.” ³OsE TENDED TO fUNcTION bETTER wHEN sHE was aNgRy. ÁE DID LOOk LIkE a bLOND fERRET, aND wE aLL LaUgHED agaIN. ´VEN ¸y faTHER, wHO TRIED TO gIVE THEsE pEOpLE a cHaNcE, OUT Of sO¸E sENsE Of cOLLEgIaLITy, HaD gIVEN IT Up. AſtER fOURTEEN ¸INUTEs, MR. WaLkER DEcIDED THaT OUR TI¸E was Up aND waLkED OUT, LEaVINg Us gRINNINg aT EacH OTHER. ³OsE was sTILL NUTs, bUT aT LEasT wE’D aLL HaD a LITTLE fUN. °E Day wE ¸ET OUR bEsT fa¸ILy THERapIsT sTaRTED OUT aL¸OsT as baDLy. WE scaRED Off a REsIDENT aND THEN scaRED Off HER sUpERVIsOR, wHO sENT Us ¶R. °ORNE. °REE HUNDRED pOUNDs Of ¹Exas cHILI, cORNbREaD, aND ²ONE STaR bEER, fiNIsHED Off wITH bIg bLack cOwbOy bOOTs aND a s¸aLL sTRINg TIE aROUND THE aREa Of HIs NEck. “± fRabjOUs Day, IT’s BIg µUT.” ³OsE was IN HEaVEN aND sTOppED ¸assagINg HER bREasTs I¸¸EDIaTELy. “ÁEy, ²ITTLE µUT.” YOU HaVE TO UNDERsTaND HOw bIg a ¸aN wOULD HaVE TO bE TO caLL ¸y sIsTER “LITTLE.” ÁE cHRIsTENED Us aLL, RIgHT away. “AND IT’s THE gOOD ¶OcTOR µUT, aND MaDa¸E ÁIckORy µUT, ’caUsE THEy aRE THE HaRDEsT Da¸N NUTs TO cRack, aND OVER HERE IN THE OVERaLLs aND NOT ¸UcH ELsE Is µO ±NE’s µUT”—a Na¸E THaT sU¸¸ED Up bOTH ¸y saNITy aND ¸y LONELINEss. WE aLL RELaxED. ¶R. °ORNE was gOOD fOR Us. ³OsE ¸OVED INTO a HaLfway HOUsE wHOsE DIREcTOR LOVED BIg µUT sO ¸UcH THaT sHE kEpT ³OsE EVEN wHEN ³OsE wENT THROUgH a pERIOD Of HaVINg sEx wITH EVERyONE wHO passED HER DOOR. SHE was IN a fEVER fOR a wHILE, TRyINg TO sTILL THE VOIcEs by fUckINg HER bRaINs OUT.
retaW r e v l i S
³OsE bURpED aND THEN wE aLL LaUgHED. °Is was THE sEVENTH fa¸ILy THERapIsT wE HaD sEEN, aND NONE Of THE¸ HaD LasTED VERy LONg. MR. WaLkER, UNfORTU-
BIg µUT saID, “¶aRLIN’, º caN’T. º caNNOT ¸akE LOVE TO EVERy bEaUTIfUL wO¸aN
10
º ¸EET, aND fURTHER¸ORE, º caN’T DO THaT aND bE yOUR THERapIsT TOO. ºT’s a gREaT sHa¸E, bUT º THINk yOU ¸IgHT bE abLE TO fiND a REaLLy NIcE gUy, sO¸EONE wHO
moolB ymA
TREaTs yOU jUsT as swEET aND kIND as º wOULD If º wERE LUcky ENOUgH TO bE yOUR bEaU. º DON’T waNT yOU TO sETTLE fOR LEss.” AND sHE sTOppED pROpOsITIONINg THE cRack aDDIcTs aND THE aLcOHOLIcs aND THE gUys aT THE sHELTER. WE LOVED ¶R. °ORNE. My faTHER wENT back TO sEEINg RIcH NEUROTIcs aND HELpED OUT ONE Day a wEEk aT ¶R. °ORNE’s WaLk-ºN CLINIc. My ¸OTHER fiNIsHED a REcORDINg Of MOzaRT cONcERTI aND pLayED aT fUND-RaIsERs fOR ³OsE’s HaLfway HOUsE. º wENT back TO cOLLEgE aND fOUND a wONDERfUL LINEbackER fRO¸ ¹Exas TO sLEEp wITH. ºN THE DaRk, º wOULD ¸akE HI¸ caLL ¸E “DaRLIN’.” ³OsE TOOk HER ¸EDs, LOsT abOUT fiſty pOUNDs, aND bEgaN sINgINg aT THE ¾.m.e. ZION CHURcH, DOwN THE sTREET fRO¸ THE HaLfway HOUsE. AT fiRsT THEy DIDN’T kNOw wHaT TO DO wITH THIs bIg bLOND LaDy, DREssED fUNNy aND HOVERINg wIsTfULLy IN THE DOORway DURINg THEIR REHEaRsaLs, bUT sHE gaVE THE¸ a fEw baRs Of “PREcIOUs ²ORD” aND THE cHOIR DIREcTOR fELT GOD’s HaND aND saw THaT wITH THE HELp Of ÁIs swEET cHILD ³OsE, THE PROspEcT STREET CHOIR was gOINg aLL THE way TO THE GOspEL ±Ly¸pIcs. A¸IDsT a sEa Of bEIgE, U¸bER, cINNa¸ON, aND EspREssO facEs, THERE was ³OsE, bIggER, bLONDER, aND pINkER THaN aNy TwO wHITE wO¸EN cOULD bE. AND ³OsE aND THE cHOIR’s cONTRaLTO, ADDIE ³ObIcHEaUx, LaID OUT THEIR gOLD aND sILVER VOIcEs aND wOVE THE¸ TOgETHER IN sTRaNDs as fiNE as sILk, as sTRONg as sTEEL. AND wE wEpT as ³OsE aND ADDIE, IN THEIR bILLOwINg gaRNET RObEs, swayED TOgETHER, cLaspINg HaNDs UNTIL THE LasT pERfEcT NOTE flOaTED Up TO GOD, aND THEN THEy s¸ILED DOwN aT Us. ³OsE wOULD sTILL gO Off fRO¸ TI¸E TO TI¸E aND THE VOIcEs wOULD TELL HER TO DO baD THINgs, bUT ¶R. °ORNE OR ADDIE OR ¸y ¸OTHER cOULD UsUaLLy bRINg HER back. AſtER fiVE gOOD yEaRs, BIg µUT DIED. STUffiNg HIs facE wITH a cHILI DOg, sITTINg IN HIs UN-aIR-cONDITIONED OfficE IN THE ¸IDDLE Of JULy, HE HaD ONE bIg, ¹Exas-sIzED aNEURys¸ aND DIED. ³OsE HELD ON TIgHT fOR sEVEN Days; sHE TOOk HER ¸EDs, wENT TO cHOIR pRacTIcE, aND REaRRaNgED HER ROO¸ abOUT a HUNDRED TI¸Es. ÁIs fUNERaL was LIkE a ²OURDEs fOR THE ¸ENTaLLy ILL. ºf yOU wERE psycHOTIc, bORDERLINE, baD-Off NEUROTIc, OR jUsT VERy HaRD TO gET aLONg wITH, yOU wERE THERE. PEOpLE sHakINg sO baD fRO¸ yEaRs Of HEaVy ¸EDs THaT THEy fELL OUT Of THE pEws. PEOpLE HOLDINg HaNDs, cRyINg, ¸OaNINg, TaLkINg TO THE¸sELVEs. °E cRazy pEOpLE aND THE NOT-sO-cRazy pEOpLE wERE aLL HUDDLED TOgETHER, LIkE pUppIEs aT THE pOUND.
³OsE sTOppED TakINg HER ¸EDs, aND THE HaLfway HOUsE wOULDN’T kEEp HER aſtER sHE pITcHED aNOTHER paTIENT DOwN THE sTaIRs. My faTHER caLLED THE INsUR-
11
wOULDN’T bEgIN fOR fORTy-fiVE Days. º pUT aLL Of HER sTUff IN a gaRbagE bag, aND wE waLkED OUT Of THE HaLfway HOUsE, ³OsE wINkINg aT THE pOOR DROOLINg bOy ON THE cOUcH. “°Is Is gOINg TO bE DIfficULT—NOT aLL baD, bUT DIfficULT—fOR THE wHOLE fa¸ILy, aND º THOUgHT wE sHOULD DIscUss EVERybODy’s ExpEcTaTIONs. º kNOw º HaVE sO¸E cONcERNs.” My faTHER HaD cONVENED a fa¸ILy ¸EETINg as sOON as ³OsE fiNIsHED pUTTINg EacH ONE Of HER THIRTy sTUffED bEaRs IN ITs OwN spEcIaL pLacE. “µO ¸EDs,” ³OsE saID, HER EyEs LOwERED, HER sTUbby fiNgERs, THOsE fiNgERs THaT HaD bRaIDED ¸y HaIR aND paINTED TULIps ON ¸y cHEEks, pULLINg HaRD ON THE HE¸ Of HER DIRTy s¸Ock. My faTHER LOOkED IN DEspaIR aT ¸y ¸OTHER. “³OsIE, DO yOU waNT TO DRIVE THE NEw caR?” ¸y ¸OTHER askED. ³OsE’s facE LIT Up. “º’D LOVE TO DRIVE THaT caR. º’D DRIVE TO CaLIfORNIa, º’D gO sEE THE bEaRs aT THE SaN ¶IEgO ZOO. º wOULD TakE yOU, ÂIOLET, bUT yOU aLways HaTED THE zOO. ³E¸E¸bER HOw sHE cRIED aT THE BRONx ZOO wHEN sHE fOUND OUT THaT THE aNI¸aLs DIDN’T gET TO gO HO¸E aT cLOsINg?” ³OsE pUT HER Da¸p HaND ON ¸INE aND sqUEEzED IT sy¸paTHETIcaLLy. “POOR ÂI.” “ºf yOU TakE yOUR ¸EDIcaTION, aſtER a wHILE yOU’LL bE abLE TO DRIVE THE caR. °aT’s THE DEaL. MEDs, caR.” My ¸OTHER sOUNDED accO¸¸ODaTINg bUT UNENTHUsIasTIc, caREfUL NOT TO HEaT Up ³OsE’s paRaNOIa. “YOU gOT yOURsELf a DEaL, DaRLIN’.” º was LIVINg abOUT aN HOUR away THEN, TEacHINg ´NgLIsH DURINg THE Day, wRITINg pOETRy aT NIgHT. º wENT HO¸E EVERy fEw Days fOR DINNER. º caLLED EVERy NIgHT. My faTHER saID, qUIETLy, “ºT’s VERy HaRD. WE’RE DOINg aLL RIgHT, º THINk. ³OsE Has bEEN waLkINg IN THE ¸ORNINgs wITH yOUR ¸OTHER, aND sHE waTcHEs a LOT Of tv. SHE wON’T gO TO THE Day HOspITaL, aND sHE wON’T gO back TO THE cHOIR. ÁER fRIEND MRs. ³ObIcHEaUx ca¸E by a cOUpLE Of TI¸Es. WHaT a swEET wO¸aN. ³OsE wOULDN’T EVEN TaLk TO HER. SHE jUsT saT THERE, sTaRINg aT THE waLL aND HU¸¸INg. WE’RE NOT DOINg aLL THaT wELL, acTUaLLy, bUT º gUEss wE’RE gETTINg by. º’¸ sORRy, swEETHEaRT, º DON’T ¸EaN TO DEpREss yOU.” My ¸OTHER saID, E¸pHaTIcaLLy, “WE’RE DOINg fiNE. WE’VE gOT OUR ROUTINE aND wE sTIck TO IT aND wE’RE fiNE. YOU DON’T NEED TO cO¸E HO¸E sO OſtEN, yOU kNOw. WaIT ’TIL SUNDay, jUsT cO¸E fOR THE Day. ²EaD yOUR LIfE, ÂI. SHE’s LEaDINg HERs.”
retaW r e v l i S
aNcE cO¸paNy aND fOUND OUT THaT ³OsE’s NEw, I¸pROVED psycHIaTRIc cOVERagE
º sTayED away aLL wEEk, afRaID TO pIck Up ¸y pHONE, gRaTEfUL TO ¸y ¸OTHER
12
fOR HER HaRsH caL¸ aND HER RETIcENcE, THE qUaLITIEs THaT HaD ENRagED ¸E THROUgHOUT ¸y cHILDHOOD.
moolB ymA
º ca¸E ON SUNDay, IN THE EaRLy aſtERNOON, TO HELp ¸y faTHER gaRDEN, sO¸ETHINg wE HaD aLways ENjOyED TOgETHER. WE wEEDED aND sTakED TO¸aTOEs aND kILLED apHIDs wHILE ¸y ¸OTHER aND ³OsE wERE DOwN aT THE LakE. º DIDN’T EVEN gO INTO THE HOUsE UNTIL fOUR, wHEN º NEEDED a gLass Of waTER. SO¸EONE HaD bROkEN THE pIaNO bENcH INTO fiVE NEaTLy sTackED pIEcEs aND pLacED THE¸ wHERE THE pIaNO bENcH UsUaLLy was. “WE wERE HaVINg sUcH a NIcE TI¸E, º cOULDN’T bEaR TO bRINg IT Up,” ¸y faTHER saID, sTaNDINg IN THE DOORway, caREfULLy kEEpINg HIs gaRDENINg bOOTs OUT Of THE kITcHEN. “WHaT DID MO¸¸y say?” “SHE saID, ‘BETTER THE bENcH THaN THE pIaNO.’ AND yOUR sIsTER Lay DOwN ON THE flOOR aND jUsT wEpT. °EN yOUR ¸OTHER TOOk HER DOwN TO THE LakE. °Is caN’T gO ON, ÂI. WE HaVE TwENTy-sEVEN Days LEſt, yOUR ¸OTHER gETs NO sLEEp bEcaUsE ³OsE DOEsN’T sLEEp, aND If º cOULD jUsT pay TwENTy-sEVEN THOUsaND DOLLaRs TO kEEp HER IN THE HOspITaL UNTIL THE INsURaNcE TakEs OVER, º’D DO IT.” “ALL RIgHT. ¶O IT. Pay THE ¸ONEy aND TakE HER back TO ÁaRTLEy-³EEs. ºT was THE pRETTIEsT pLacE, aND sHE LIkED THE aRT THERapy THERE.” “º wOULD If º cOULD. °E pOLIcy sTaTEs THaT sHE ¸UsT bE sy¸pTO¸-fREE fOR aT LEasT fORTy-fiVE Days bEfORE HER cOVERagE bEgINs. Sy¸pTO¸-fREE ¸EaNs NO HOspITaLIzaTION.” “JEsUs, ¶aDDy, HOw cOULD yOU gET THaT kIND Of pOLIcy? SHE HasN’T bEEN sy¸pTO¸-fREE fOR fORTy-fiVE ¸INUTEs.” “ºT’s THE ONLy ONE º cOULD gET fOR LONg-TER¸ psycHIaTRIc.” ÁE pUT HIs HaND OVER HIs ¸OUTH, TO bLOck wHaTEVER HE was abOUT TO say, aND wENT back OUT TO THE gaRDEN. º cOULDN’T sEE If HE was cRyINg. ÁE sTayED OUTsIDE aND º sTayED INsIDE UNTIL ³OsE aND ¸y ¸OTHER ca¸E HO¸E fRO¸ THE LakE. ³OsE’s sOggy swEaTpaNTs wERE ROLLED Up TO HER kNEEs, aND sHE HaD a bUckETfUL Of sHELLs aND sEawEED, wHIcH ¸y ¸OTHER pERsUaDED HER TO LEaVE ON THE back pORcH. My ¸OTHER kIssED ¸E LIgHTLy aND TOLD ³OsE TO gO Up TO HER ROO¸ aND cHaNgE OUT Of HER wET paNTs. ³OsE’s EyEs gREw VERy wIDE. “µEVER. º wILL NEVER . . .” SHE kNELT DOwN aND bEgaN baNgINg HER HEaD ON THE kITcHEN flOOR wITH RHyTH¸Ic INTENsITy, THROwINg aLL HER wEIgHT bEHIND EacH aTTack. My ¸OTHER pUT HER aR¸s aROUND ³OsE’s waIsT aND TRIED TO HOLD HER back. ³OsE sHOOk HER Off, NOT EVEN LOOkINg aROUND TO sEE wHaT was sLOwINg HER DOwN. My ¸OTHER Lay Up agaINsT THE REfRIgERaTOR. “ÂIOLET, pLEasE . . .”
º THREw ¸ysELf ONTO THE kITcHEN flOOR, bEcO¸INg THE spOT THaT ³OsE was s¸ackINg HER HEaD agaINsT. SHE sTOppED a fRacTION Of aN INcH sHORT Of ¸y
13
“±H, ÂI, MO¸¸y, º’¸ sORRy. º’¸ sORRy, DON’T HaTE ¸E.” SHE sTaggERED TO HER fEET aND RaN waILINg TO HER ROO¸. My ¸OTHER gOT Up aND wasHED HER facE bRUsqUELy, RUbbINg IT DRy wITH a DIsHcLOTH. My faTHER HEaRD THE waILINg aND ca¸E RUNNINg IN, sLIppINg HIs LONg baRE fEET OUT Of HIs RUbbER bOOTs. “GaLEN, GaLEN, LET ¸E sEE.” ÁE HELD HER HEaD aND LOOkED cLOsELy fOR bRUIsEs ON HER paLE, s¸aLL facE. “WHaT HappENED?” My ¸OTHER LOOkED aT ¸E. “ÂIOLET, wHaT HappENED? WHERE’s ³OsE?” “³OsE gOT UpsET, aND wHEN sHE wENT RUNNINg UpsTaIRs sHE pUsHED MO¸¸y OUT Of THE way.” º’VE ONLy TOLD THREE LIEs IN ¸y LIfE, aND THaT was ¸y sEcOND. “SHE ¸UsT fEEL TERRIbLE, pUsHINg yOU, Of aLL pEOpLE. ºT wOULD HaVE TO bE yOU, bUT º kNOw sHE DIDN’T waNT IT TO bE.” ÁE ¸aDE ¸y ¸OTHER a cUp Of TEa, aND aLL THE LOVE HE HaD fOR HER, DEspITE HER sILENT RagEs aND HER VagUE sTaREs, ca¸E pOURINg THROUgH THE TEapOT, waR¸INg HER cUp, fiLLINg HER s¸aLL, LONg-fiNgERED HaNDs. SHE REsTED HER HEaD agaINsT HIs HIp, aND º LOOkED away. “²ET’s ¸akE DINNER, THEN º’LL caLL HER. ±R yOU caLL HER, ¶aVID, ¸aybE sHE’D RaTHER sEE yOUR facE fiRsT.” ¶INNER was fiLLED wITH aLL Of OUR sTaRTs aND sTOps aND ³OsE’s DEspERaTE EffORTs TO cONTROL HERsELf. SHE cOULD baRELy EaT aND HU¸¸ED THE Mc¶ONaLD’s THE¸E sONg OVER aND OVER agaIN, paUsINg ONLy TO spILL HER jUIcE DOwN THE fRONT Of HER s¸Ock aND bEgIN wEEpINg. My faTHER LOOkED aT ¸y ¸OTHER aND HaNDED ³OsE HIs NapkIN. SHE DabbED aT HERsELf LIsTLEssLy, bUT THE TEaRs sTOppED. “º waNT TO gO TO bED. º waNT TO gO TO bED aND bE IN ¸y HEaD. º waNT TO gO TO bED aND bE IN ¸y bED aND IN ¸y HEaD aND jUsT wEaR RED. FOR RED Is THE cOLOR THaT ¸y baby wORE aND ONcE ¸ORE, IT’s TRUE, yEs, IT Is, IT’s TRUE. PLEasE DON’T wEaR RED TONIgHT, OH, OH, pLEasE DON’T wEaR RED TONIgHT, fOR RED Is THE cOLOR—” “±kay, Okay, ³OsE. ºT’s Okay. º’LL gO UpsTaIRs wITH yOU aND yOU caN gET REaDy fOR bED. °EN MO¸¸y wILL cO¸E Up aND say gOOD NIgHT TOO. ºT’s Okay, ³OsE.” My faTHER REacHED OUT HIs HaND aND ³OsE gRaspED IT, aND THEy waLkED OUT Of THE DININg ROO¸ TOgETHER, HIs LONg aR¸ aROUND HER ¸IDDLE. My ¸OTHER saT aT THE TabLE fOR a ¸O¸ENT, HER facE IN HER HaNDs, aND THEN sHE bEgaN cLEaRINg THE pLaTEs. WE cLEaRED wITHOUT TaLkINg, ¸y ¸OTHER HU¸¸INg ScHUbERT’s “ScHLU¸¸ERLIED,” a LULLaby abOUT THE wOODs aND THE RIVER caLLINg TO THE cHILD TO gO TO sLEEp. SHE saNg IT TO Us EVERy NIgHT wHEN wE wERE s¸aLL. My faTHER ca¸E INTO THE kITcHEN aND sIgNaLED TO ¸y ¸OTHER. °Ey wENT UpsTaIRs aND ca¸E back DOwN TOgETHER a fEw ¸INUTEs LaTER.
retaW r e v l i S
sTO¸acH.
“SHE’s asLEEp,” THEy saID, aND wE wENT TO sIT ON THE pORcH aND LIsTEN TO THE
14
cRIckETs. º DON’T RE¸E¸bER THE REsT Of THE EVENINg, bUT º RE¸E¸bER IT as qUIETLy saD, aND º RE¸E¸bER THE RaRE sIgHT Of ¸y paRENTs HOLDINg HaNDs, sITTINg
moolB ymA
ON THE pIcNIc TabLE, waTcHINg THE sUNsET. º wOkE Up aT THREE O’cLOck IN THE ¸ORNINg, fEELINg THE cOOL NIgHT aIR THROUgH ¸y sHEET. º wENT DOwN THE HaLL fOR a bLaNkET aND LOOkED INTO ³OsE’s ROO¸, fOR NO REasON. SHE wasN’T THERE. º pUT ON ¸y jEaNs aND a swEaTER aND wENT DOwNsTaIRs. º cOULD fEEL HER absENcE. º wENT OUTsIDE aND saw HER wIDE, DRaggy fOOTpRINTs DaRkENINg THE wET gRass INTO THE wOODs. “³OsIE,” º caLLED, TOO sOſtLy, NOT waNTINg TO wakE ¸y paRENTs, NOT waNTINg TO sTaRTLE ³OsE. “³OsIE, IT’s ¸E. ARE yOU HERE? ARE yOU aLL RIgHT?” º aL¸OsT fELL OVER HER. ÁUgE aND wHITE IN THE ¸OONLIgHT, HER flOwERED s¸Ock bLEacHED IN THE LIgHT aND sHaDOw, HER swEaTpaNTs NOw cO¸pLETELy wET. ÁER HEaD was flUNg back, HER wHITE, wHITE NEck ExpOsED LIkE a LOsT GREEk cOLU¸N. “³OsIE, ³OsIE—” ÁER bREaTHINg was VERy sLOw, aND HER LIps wERE NOT as pINk as THEy UsUaLLy wERE. ÁER EyELIDs flUTTERED. “CLOsINg TI¸E,” sHE wHIspERED. º bELIEVE THaT’s wHaT sHE saID. º saT wITH HER, UNcOVERINg THE bOTTLE Of wHITE pILLs by HER HaND, aND waTcHED THE sTaRs faDE. WHEN THE sTaRs wERE INVIsIbLE aND THE sUN was waR¸INg THE aIR, º wENT back TO THE HOUsE. My ¸OTHER was sTaNDINg ON THE pORcH, wRappED IN a bLaNkET, waTcHINg ¸E. ´VERy sTEp º TOOk OVERwHEL¸ED ¸E; º cOULD pIcTURE ¸y ¸OTHER sLappINg ¸E, sHOOTINg ¸E fOR LETTINg HER faVORITE DIE. “WaRRIOR qUEENs,” sHE saID, wRappINg HER THIN sTRONg aR¸s aROUND ¸E. “º RaIsED waRRIOR qUEENs.” SHE kIssED ¸E fiERcELy aND wENT INTO THE wOODs by HERsELf. ²aTER IN THE ¸ORNINg sHE wOkE ¸y faTHER, wHO cOULD NOT gO INTO THE wOODs, aND sTILL LaTER sHE caLLED THE pOLIcE aND THE fUNERaL paRLOR. SHE HUNg Up THE pHONE, Lay DOwN, aND DIDN’T gET back OUT Of bED UNTIL THE Day Of THE fUNERaL. My faTHER fED Us bOTH aND caLLED THE pEOpLE wHO NEEDED TO bE caLLED aND pIckED OUT ³OsE’s cOffiN by HI¸sELf. My ¸OTHER pLayED THE pIaNO aND ADDIE saNg HER pURE gOLD NOTEs aND º cLOsED ¸y EyEs aND saw ¸y sIsTER, fOURTEEN yEaRs OLD, LION’s ¸aNE THROwN back aND EyEs TIgHTLy cLOsED agaINsT THE gLaRE Of THE paRkINg LOT LIgHTs. °aT swEET sOUND HELD Us TIgHT, flOwINg aROUND Us, EDDyINg THROUgH OUR HEaRTs, RIsINg, sTILL RIsINg.
“Is SheExPeR±enc±ng ²ny ³A±n?” ¸ISAbIlITY ANd TH± ³HYSIcIAN-³ATI±NT ´±lATIONSHIp S. K. Toombs
As a pERsON wHO LIVEs wITH cHRONIc pROgREssIVE NEUROLOgIcaL DIsEasE (¸ULTIpLE scLEROsIs) aND sIgNIficaNT DIsabILITy, º HaVE aN INTI¸aTE kNOwLEDgE Of THE pHysIcIaN-paTIENT RELaTIONsHIp fRO¸ THE pERspEcTIVE Of THE paTIENT. ±VER THE yEaRs, º HaVE bEcO¸E awaRE THaT cHRONIc DIsabILITy pOsEs UNIqUE cHaLLENgEs IN THE cLINIcaL cONTExT—cHaLLENgEs THaT, If UNREcOgNIzED, caN UNwITTINgLy UNDER¸INE EVEN THE ¸OsT wELL-INTENTIONED EffORTs TO pROVIDE OpTI¸aL caRE. ºN REflEcTINg ON THEsE cHaLLENgEs, º waNT TO bEgIN by sTREssINg THaT cHRONIc DIsabILITy ¸EaNs ¸UcH ¸ORE TO THE paTIENT THaN sI¸pLy a ¸EcHaNIcaL DysfUNcTION OR DIscRETE DIsEasE pROcEss. ²IVINg wITH pER¸aNENT INcapacITy REpREsENTs a DIsTINcT way Of bEINg-IN-THE-wORLD, a way Of bEINg THaT affEcTs ONE’s sENsE Of sELf, ONE’s RELaTIONsHIps wITH OTHERs, ONE’s abILITy TO INTERacT IN (aND wITH) THE sURROUNDINg wORLD, ONE’s fa¸ILy aND pROfEssIONaL LIfE, ONE’s abILITy TO ExERcIsE cONTROL aND TO bE aUTONO¸OUs, aND ONE’s RELaTIONsHIp wITH ONE’s bODy. Ã GIVEN THE cHRONIc NaTURE Of sUcH bODILy DIsORDER, IT Is NOT pOssIbLE TO REsTORE THE paTIENT TO a fOR¸ER sTaTE Of HEaLTH cHaRacTERIzED by THE absENcE Of bODILy ¸aLfUNcTION. CONsEqUENTLy, THE cLINIcaL gOaL ¸UsT bE bROaDENED TO ENcO¸pass NOT ONLy THE cURE Of DIsEasE bUT, as I¸pORTaNTLy, THE pROjEcT Of assIsTINg paTIENTs TO LIVE wELL IN THE facE Of ONgOINg bODILy LI¸ITaTION. AN I¸pORTaNT way TO cONcEIVE THIs pROjEcT Is TO fOcUs ON pERsONaL (aND NOT sI¸pLy bODILy) wELL-bEINg. By fUNcTIONINg wELL aT THE pERsONaL LEVEL, º HaVE IN ¸IND sUcH THINgs as bEINg abLE TO ENgagE IN acTIVITIEs THaT aRE ¸EaNINgfUL, sUsTaININg I¸pORTaNT RELaTIONsHIps, aND RETaININg a sENsE Of pERsONaL INTEgRITy.
S. K. ¹OO¸bs, “ ‘ºs She ´xpERIENcINg ANy PaIN?’: ¶IsabILITy aND THE PHysIcIaN-PaTIENT ³ELaTIONsHIp,” fRO¸ Internal Medicine Journal 34, NO. 11 (2004): 645–647. ³EpRINTED by pER¸IssION Of JOHN WILEy aND SONs.
ºN sTREssINg pERsONaL, as OppOsED TO bODILy, wELL-bEINg, IT Is I¸pORTaNT TO
16
¸akE a sHaRp DIsTINcTION bETwEEN THE fUNcTIONINg Of THE bODy aND THE fUNcTIONINg Of THE pERsON. °E pREVaILINg bIO¸EDIcaL ¸ODEL Of ILLNEss aND THE OVER-
s b m o o T . K . S
RIDINg fOcUs ON pHysIcaL paTHOLOgy gIVEs pRIORITy TO THE wELL fUNcTIONINg Of THE pHysIcaL ORgaNIs¸—wITH THE assU¸pTION THaT If THE bODy fUNcTIONs wELL sO DOEs THE pERsON. ºN THE casE Of cHRONIc DIsabILITy, THIs assU¸pTION Is DEEpLy pRObLE¸aTIc. FOR Exa¸pLE, qUaNTITaTIVE ¸EasURE¸ENTs Of DIsabILITy, IN aND Of THE¸sELVEs, DO NOT cONVEy wHETHER a paTIENT caN fUNcTION wELL aT THE pERsONaL LEVEL. ºN ¸y OwN casE, fUNcTIONINg wELL aT THE pERsONaL LEVEL DOEs NOT DEpEND ON wHETHER º caN waLk, aLTHOUgH IT DOEs RELaTE TO ¸y abILITy TO ¸aNagE ¸y ILLNEss IN sUcH a way THaT º caN pURsUE THOsE pROjEcTs THaT aRE ¸EaNINgfUL TO ¸E. FOcUsINg pRI¸aRILy ON assEss¸ENTs Of pHysIcaL fUNcTIONINg as THE ¸OsT accURaTE ¸EasURE Of wELLNEss caN paRaDOxIcaLLy DIsRUpT THE Task Of fUNcTIONINg wELL aT THE pERsONaL LEVEL. PaTIENTs aND ¸EDIcaL pROfEssIONaLs aLIkE ¸IgHT bE TE¸pTED TO pURsUE ¸EDIcaL INTERVENTIONs THaT aRE ExTRE¸ELy DIsRUpTIVE Of THE paTIENT’s LIfE aND THaT REsULT IN ¸INI¸aL I¸pROVE¸ENT IN bODILy fUNcTION. º LEaRNED THIs LEssON pERsONaLLy wHEN UNDERgOINg a cOURsE Of cHE¸OTHERapy IN aN aTTE¸pT TO sLOw DOwN THE pROgREssION Of ¸y DIsEasE. °E TREaT¸ENT was wORsE THaN THE ILLNEss. MONTHLy INfUsIONs Of CyTOxaN (cycLOpHOspa¸IDE; BRIsTOL-MyERs SqUIbbs, µEw YORk, µY) caUsED NaUsEa, VO¸ITINg aND pROsTRaTINg wEakNEss fOR THREE Of EVERy fOUR wEEks. AſtER fOUR ¸ONTHs, º cHOsE TO DIscONTINUE THE TREaT¸ENT ON THE gROUNDs THaT IT TOTaLLy DIsRUpTED ¸y LIfE. ALTHOUgH ¸y NEUROLOgIsT sUppORTED ¸y DEcIsION, HE VOIcED DIsappOINT¸ENT aND pOINTED OUT THaT TEsTs INDIcaTED a sLIgHT I¸pROVE¸ENT IN ¸y abILITy TO LIſt ¸y RIgHT LEg. ÁOwEVER, fOR ¸E, THIs ¸INI¸aL gaIN IN pHysIcaL fUNcTION was NOT wORTH THE EROsION IN ¸y qUaLITy Of LIfE. WEIgHINg THE HaR¸s aND bENEfiTs Of TREaT¸ENT Is ¸ORE DIfficULT fOR THOsE LIVINg wITH cHRONIc DIsabILITy. ºf ONE Has aN acUTE DIsEasE, ONE kNOws THaT THE DIsRUpTION Of TREaT¸ENT wILL bE sHORT LIVED, wITH aN END REsULT Of cURE. CONsEqUENTLy, THE cERTaINTy Of fUTURE bENEfiT ENabLEs ONE TO “pUT Up wITH” TE¸pORaRy DIscO¸fORT, EVEN If IT Is ExTRE¸E. ÁOwEVER, wHEN fUTURE bENEfiT Is UNcERTaIN aND DIsRUpTION Is ONgOINg, paTIENTs aND pHysIcIaNs ¸UsT TakE sERIOUsLy THE I¸pacT Of THERapy ON THE paTIENT’s qUaLITy Of LIfE. ´VEN NONINVasIVE TEsTs caN bE paRTIcULaRLy DIfficULT fOR pEOpLE wITH DIsabILITIEs. As aN Exa¸pLE, fOR sO¸EONE LIkE ¸ysELf wITH cO¸pRO¸IsED bLaDDER aND bOwEL cONTROL, TEsTs THaT INVOLVE DRINkINg LaRgE a¸OUNTs Of flUIDs (OR cLEaNsINg THE gasTROINTEsTINaL TRacT) caN bE EspEcIaLLy bURDENsO¸E. PHysIcaL baRRIERs aLsO ¸akE TEsTINg DIfficULT fOR pEOpLE wITH DIsabILITIEs. A sURVEy IN THE ·NITED STaTEs sHOwED THaT wO¸EN wITH sEVERE DIsabILITIEs
aRE LEss LIkELy TO REcEIVE aNNUaL pELVIc Exa¸s THaN abLE-bODIED wO¸EN, aND 23 pERcENT Of wO¸EN wITH spINaL cORD INjURIEs REpORTED THaT IT was I¸pOs-
17
gRa¸s. Ä ºNDEED, VERy fEw DOcTORs’ OfficEs HaVE accEssIbLE Exa¸ININg TabLEs, wHIcH ¸akEs EVEN a ROUTINE pHysIcaL Exa¸INaTION pRObLE¸aTIc fOR sO¸EONE wHO UsEs a wHEELcHaIR. ±NE Of THE ¸OsT DEbILITaTINg aspEcTs Of cHRONIc DIsabILITy Is THE LOss Of bODILy cONTROL. AN I¸pORTaNT Task fOR cLINIcIaNs Is THaT Of assIsTINg paTIENTs TO DEVELOp cONcRETE sTRaTEgIEs TO cO¸pENsaTE fOR bODILy LI¸ITaTION. ºT Is VITaLLy I¸pORTaNT THaT paTIENTs REcOgNIzE THERE Is aLways sO¸E LEVEL Of cONTROL THaT ONE caN ExERcIsE, EVEN IN THE facE Of INcREasINgLy DIsRUpTIVE sy¸pTO¸s. °Is Task Is NOT LI¸ITED TO INsTITUTINg ¸EDIcaL TREaT¸ENT. ³aTHER, IT INVOLVEs ExpLORINg wITH THE INDIVIDUaL paTIENT THE spEcIfic ¸aNNER IN wHIcH bODILy ¸aLfUNcTION DIsRUpTs HIs OR HER LIfE aT THE pERsONaL LEVEL. ºN THIs cONNEcTION, IT Is HELpfUL NOT sI¸pLy TO ask paTIENTs spEcIfic qUEsTIONs, sUcH as “ARE yOU ExpERIENcINg INcREasED spasTIcITy?,” bUT TO INcLUDE ¸ORE gLObaL INqUIRIEs, sUcH as “WHaT Is THE ¸OsT DIfficULT THINg fOR yOU TO DEaL wITH IN yOUR DaILy LIfE?” SO¸ETI¸Es EVEN sI¸pLE sTRaTEgIEs, sUcH as cONTROLLINg INTakE Of flUIDs TO ¸INI¸IzE THE RIsk Of INcONTINENcE IN sOcIaL sITUaTIONs, LEaRNINg TO aDjUsT DaILy scHEDULEs TO cO¸pENsaTE fOR faTIgUE, OR acqUIRINg ¸ObILITy aIDs TO cOUNTERacT wEakENINg ¸UscLEs, caN sIgNIficaNTLy I¸pROVE a paTIENT’s qUaLITy Of LIfE. FOR Exa¸pLE, If a paTIENT Is gREaTLy faTIgUED by THE EffORT Of waLkINg, UsINg a wHEELcHaIR ¸IgHT cONsERVE ENERgy aND pER¸IT INcREasED sOcIaL INTERacTION, REsULTINg IN a ¸UcH fULLER pERsONaL aND sOcIaL LIfE. ºN THIs REspEcT, cHOOsINg TO UsE a wHEELcHaIR Is NOT TO bE EqUaTED wITH “gIVINg IN” TO THE DIsEasE. ³aTHER, “gIVINg Up” IN ONE aREa ¸IgHT wELL fREE THE paTIENT TO E¸bRacE OTHER I¸pORTaNT aREas Of LIfE. ±f cOURsE, IT Is VITaL THaT pHysIcIaNs REcOgNIzE THE ExTENT TO wHIcH NEgaTIVE cULTURaL aTTITUDEs ¸akE IT ExTRaORDINaRILy DIfficULT fOR pEOpLE wITH DIsabILITIEs TO RETaIN a sENsE Of pERsONaL wELL-bEINg IN THE facE Of pER¸aNENT pHysIcaL INcapacITy. WE LIVE IN a cULTURE THaT pLacEs INORDINaTE VaLUE ON INDEpENDENcE, bEaUTy, HEaLTH, aND pHysIcaL fiTNEss. PEOpLE wITH DIsabILITIEs aRE faR fRO¸ THE IDEaL. ºN THE EyEs Of THE abLE-bODIED, THERE Is a wIDEspREaD assU¸pTION THaT DIsabILITy Is INcO¸paTIbLE wITH LIVINg a ¸EaNINgfUL LIfE. WHEN OTHERs ObsERVE º a¸ IN a wHEELcHaIR, THEy ¸akE THE I¸¸EDIaTE jUDgE¸ENT THaT ¸y sITUaTION Is aN EssENTIaLLy NEgaTIVE ONE, THaT º a¸ UNabLE TO ENgagE IN pROfEssIONaL acTIVITIEs, aND THaT º a¸ wHOLLy DEpENDENT ON OTHERs. ±N ¸aNy OccasIONs sTRaNgERs HaVE saID TO ¸E “AREN’T yOU lucky TO HaVE yOUR HUsbaND?” °Is Is NOT sO ¸UcH a cO¸¸ENT abOUT ¸y HUsbaND’s cHaRacTER as IT Is a pERcEpTION
” ? n i a P y n A g n i c n e i r e p x E
pOsITIONED fOR THE¸ OR bEcaUsE THERE was NO accEssIbLE ROO¸ fOR ¸a¸¸O-
³ ² ± s I “
sIbLE TO HaVE a ¸a¸¸OgRa¸, EITHER bEcaUsE THE EqUIp¸ENT cOULD NOT bE
THaT ¸y RELaTIONsHIp wITH HI¸ Is pURELy ONE Of bURDENsO¸E DEpENDENcE.
18
ºN ObsERVINg ¸y pHysIcaL INcapacITIEs, pEOpLE assU¸E THaT ¸y INTELLEcT Is LIkEwIsE affEcTED. STRaNgERs INVaRIabLy aDDREss qUEsTIONs TO ¸y cO¸paNION
s b m o o T . K . S
aND REfER TO ¸E IN THE THIRD pERsON: “WHERE wOULD she LIkE TO sIT?,” “WOULD
she LIkE Us TO ¸OVE THIs cHaIR?” SUcH NEgaTIVE REspONsEs fRO¸ OTHERs aRE DE¸EaNINg aND REINfORcE THE sENsE THaT DIsabILITy REDUcEs pERsONaL aND sOcIaL wORTH. ·NfORTUNaTELy, sUcH aTTITUDEs aLsO ExIsT IN THE cLINIcaL cONTExT. ºN a NaTIONaL sURVEy, wO¸EN wITH sEVERE DIsabILITIEs REpORTED THaT If THEy wERE accO¸paNIED by aNOTHER pERsON, ¸ORE OſtEN THaN NOT THE DOcTOR aDDREssED qUEsTIONs TO THEIR cO¸paNION RaTHER THaN spEakINg TO THE¸ DIREcTLy (µOsEk et al. UNpUbL. DaTa 1992, 1995): “ºs she ExpERIENcINg aNy paIN?” AN I¸pORTaNT way fOR pHysIcIaNs TO pRO¸OTE pERsONaL wELL-bEINg Is TO cONscIOUsLy REjEcT sUcH sTEREOTypIcaL aTTITUDEs abOUT pERsONs wITH DIsabILITIEs. ºNDEED, paTIENTs wITH cHRONIc DIsabILITIEs HaVE aN EspEcIaLLy I¸pORTaNT ROLE TO pLay IN THE pHysIcIaN-paTIENT RELaTIONsHIp. °OsE Of Us wHO LIVE wITH pER¸aNENT bODILy DIsORDER HaVE aN INTI¸aTE kNOwLEDgE Of OUR bODIEs as wE ¸UsT cONsTaNTLy pay aTTENTION TO THE¸. °Us, wE aRE OſtEN awaRE Of EVEN ¸INUTE cHaNgEs IN fUNcTION aND sENsaTION (cHaNgEs THaT ¸IgHT NOT bE REaDILy appaRENT TO THE pHysIcIaN). ALTHOUgH pHysIcIaNs HaVE THE ExpERT ¸EDIcaL kNOwLEDgE TO cO¸pREHEND aND assEss THE DIsEasE pROcEss, paTIENTs wITH cHRONIc DIsabILITIEs HaVE aN EqUaLLy ExpERT kNOwLEDgE Of wHaT Is “NOR¸aL” aND “abNOR¸aL” wITH REspEcT TO THEIR OwN bODILy ExpERIENcE. BOTH TypEs Of kNOwLEDgE aRE EssENTIaL TO THE Task Of assEssINg aND DEaLINg wITH bODILy DIsORDER. PEOpLE wITH DIsabILITIEs aRE aLsO ExpERTs aT kNOwINg HOw bEsT TO wORk wITH THEIR REcaLcITRaNT bODIEs—a kNOwLEDgE THaT Is TOO OſtEN DIsREgaRDED by ¸EDIcaL pROfEssIONaLs. As aN Exa¸pLE, ³ObILLaRD (a qUaDRIpLEgIc) DEscRIbEs HIs fRUsTRaTION wHEN TRyINg TO TELL Å-Ray cREws HOw TO pOsITION HIs bODy TO aVOID ¸UscLE aND cOUgHINg spas¸s, ONLy TO bE IgNORED aND INfOR¸ED ERRONEOUsLy THaT (as pROfEssIONaLs) THEy “kNEw wHaT THEy wERE DOINg.”Æ ºN cONcLUsION, º wOULD LIkE TO sTREss THaT, aLTHOUgH cHRONIc DIsabILITy pOsEs spEcIfic cHaLLENgEs, IT aLsO pROVIDEs a sIgNIficaNT OppORTUNITy IN THE DOcTOR- paTIENT RELaTIONsHIp. °E sHIſt IN fOcUs fRO¸ bODILy TO pERsONaL wELL-bEINg (a sHIſt THaT INVOLVEs ExpLORINg wITH paTIENTs THE ¸ULTIpLIcITy Of ways IN wHIcH ONgOINg DIsabILITy I¸pacTs ON THEIR DaILy LIVEs) aND THE NEcEssITy Of INcLUDINg THE paTIENT as aN acTIVE paRTIcIpaNT IN THE LONg-TER¸ ¸aNagE¸ENT Of a cHRONIc cONDITION pROVIDE aN ExcEpTIONaL OccasION fOR cLINIcIaNs TO fORgE cLOsE aND REwaRDINg paRTNERsHIps wITH paTIENTs.
notes
19
wER AcaDE¸Ic PUbLIcaTIONs; 2001:247–261. 2 µOsEk MA, ÁOwLaND CA. BREasT aND cERVIcaL caNcER scREENINg a¸ONg wO¸EN wITH pHysIcaL DIsabILITIEs. Arch Phys Med Rehabil . 1997;78(SUppL 5):S39–44. 3 ³ObILLaRD AB. °e Meaning of Disability: °e Lived Experience of Paralysis . PHILaDELpHIa: ¹E¸pLE ·NIVERsITy PREss; 1999.
” ? n i a P y n A g n i c n e i r e p x E
SK, ED. Handbook of Phenomenology and Medicine. ¶ORDREcHT, °E µETHERLaNDs: KLU-
³ ² ± s I “
1 ¹OO¸bs SK. ³EflEcTIONs ON bODILy cHaNgE: THE LIVED ExpERIENcE Of DIsabILITy. ºN: ¹OO¸bs
´he CosT of ²PPeARAnces Arthur Frank
SOcIETy pRaIsEs ILL pERsONs wITH wORDs sUcH as “cOURagEOUs,” “OpTI¸IsTIc,” aND “cHEERfUL.” Fa¸ILy aND fRIENDs spEak appROVINgLy Of THE paTIENT wHO jOkEs OR jUsT s¸ILEs, ¸akINg THE¸, THE VIsITORs, fEEL gOOD. ´VERyONE aROUND THE ILL pERsON bEcO¸Es cO¸¸ITTED TO THE IDEa THaT REcOVERy Is THE ONLy OUTcO¸E wORTH THINkINg abOUT. µO ¸aTTER wHaT THE acTUaL ODDs, aN aTTITUDE Of “YOU’RE gOINg TO bE fiNE” DO¸INaTEs THE sIckROO¸. ´VERyONE wORks TO sUsTaIN IT. BUT HOw ¸UcH wORk DOEs THE ILL pERsON HaVE TO DO TO ¸akE OTHERs fEEL gOOD? ¹wO kINDs Of E¸OTIONaL wORk aRE INVOLVED IN bEINg ILL. ±NE kIND º HaVE wRITTEN abOUT TakEs pLacE wHEN THE ILL pERsON, aLONE OR wITH TRUE caREgIVERs, wORks wITH THE E¸OTIONs Of fEaR, fRUsTRaTION, aND LOss aND TRIEs TO fiND sO¸E cOHERENcE abOUT wHaT IT ¸EaNs TO bE ILL. °E OTHER kIND Is THE wORk THE ILL pERsON DOEs TO kEEp Up aN appEaRaNcE. °Is appEaRaNcE Is THE ExpEcTaTION THaT a sOcIETy Of HEaLTHy fRIENDs, cOwORkERs, ¸EDIcaL sTaff, aND OTHERs pLacEs ON aN ILL pERsON. °E appEaRaNcE ¸OsT pRaIsED Is “º’D HaRDLy HaVE kNOwN sHE was sIck.” AT HO¸E THE ILL pERsON ¸UsT appEaR TO bE ENgagED IN NOR¸aL fa¸ILy ROUTINEs; IN THE HOspITaL sHE sHOULD appEaR TO bE jUsT REsTINg. WHEN THE ILL pERsON caN NO LONgER cONcEaL THE EffEcTs Of ILLNEss, sHE Is ExpEcTED TO cONVINcE OTHERs THaT bEINg ILL IsN’T THaT baD. °E ¸INI¸aL accEpTabLE bEHaVIOR Is pRaIsED, faINTLy, as “sTOIcaL.” BUT THE ILL pERsON ¸ay NOT fEEL LIkE acTINg gOOD-HU¸ORED aND pOsITIVE; ¸UcH Of THE TI¸E IT TakEs HaRD wORk TO HOLD THIs appEaRaNcE IN pLacE. º HaVE NEVER HEaRD aN ILL pERsON pRaIsED fOR HOw wELL sHE ExpREssED fEaR OR gRIEf OR was OpENLy saD. ±N THE cONTRaRy, ILL pERsONs fEEL a NEED TO apOLOgIzE If THEy sHOw aNy E¸OTIONs OTHER THaN LaUgHTER. ±ccasIONaL TEaRs ¸ay bE passED Off as THE ILL pERsON’s NEED TO “LET gO”; THE TEaRs aRE caTEgORIzED as TE¸pORaRy OUTbURsTs INsTEaD Of UNDERsTOOD as paRT Of aN ONgOINg E¸OTION. SUsTaINED
ARTHUR FRaNk, “°E COsT Of AppEaRaNcEs,” fRO¸ At the Will of the Body , by ARTHUR W. FRaNk. © 1991 by ARTHUR W. FRaNk aND CaTHERINE ´. FOOTE. ³EpRINTED by pER¸IssION Of ÁOUgHTON MIfflIN CO¸paNy. ALL RIgHTs REsERVED.
“NEgaTIVE” E¸OTIONs aRE OUT Of pLacE. ºf a paTIENT sHOws TOO ¸UcH saDNEss, HE ¸UsT bE DEpREssED, aND “DEpREssION” Is a TREaTabLE ¸EDIcaL DIsEasE.
21
aTE REspONsE TO THE sITUaTION. º a¸ NOT REcO¸¸ENDINg DEpREssION bUT º DO waNT TO sUggEsT THaT aT sO¸E ¸O¸ENTs EVEN faIRLy DEEp DEpREssION ¸UsT bE accEpTED as paRT Of THE ExpERIENcE Of ILLNEss. A cOUpLE Of Days bEfORE ¸y ¸OTHER-IN-Law DIED, sHE sHaRED a ROO¸ wITH a wO¸aN wHO was aLsO bEINg TREaTED fOR caNcER. My ¸OTHER-IN-Law was THIs wO¸aN’s sEcOND DyINg ROO¸¸aTE, aND THE wO¸aN was sERIOUsLy ILL HERsELf. º HaVE NO DOUbT THaT HER DIagNOsIs Of cLINIcaL DEpREssION was accURaTE. °E IssUE Is HOw THE ¸EDIcaL sTaff REspONDED TO HER DEpREssION. ºNsTEaD Of TRyINg TO UNDERsTaND IT as a REasONabLE REspONsE TO HER sITUaTION, HER DOcTORs TREaTED HER wITH aNTIDEpREssaNT DRUgs. WHEN a HOspITaL psycHOLOgIsT ca¸E TO VIsIT HER, HIs qUEsTIONs wERE DEsIgNED ONLy TO EVaLUaTE HER “¸ENTaL sTaTUs.” WHaT Day Is IT? WHERE aRE yOU aND wHaT flOOR aRE yOU ON? WHO Is pRI¸E ¸INIsTER? aND sO fORTH. ÁIs sOLE INTEREsT was wHETHER THE DOsagE Of aNTIDEpREssaNT DRUg was TOO HIgH, UpsETTINg HER “cOgNITIVE ORIENTaTION.” °E HOspITaL NEEDED HER TO bE ¸ENTaLLy cO¸pETENT sO sHE wOULD RE¸aIN a “gOOD paTIENT” REqUIRINg LITTLE ExTRa caRE; IT DID NOT NEED HER E¸OTIONs. µO ONE aTTE¸pTED TO ExpLORE HER fEaRs wITH HER. µO ONE askED wHaT IT was LIkE TO HaVE TwO ROO¸¸aTEs DIE wITHIN a cOUpLE Of Days Of EacH OTHER, aND HOw THIs affEcTED HER OwN fEaR Of DEaTH. µO ONE was wILLINg TO wITNEss HER ExpERIENcE. WHaT ¸akEs ¸E saDDEsT Is sEEINg THE wORk ILL pERsONs DO TO sUsTaIN THIs “cHEERfUL paTIENT” I¸agE. A cLOsE fRIEND Of OURs, DyINg Of caNcER, sERIOUsLy wONDERED HOw HER cONDITION cOULD bE gETTINg wORsE, sINcE sHE HaD bROUgHT HO¸E¸aDE cOOkIEs TO THE TREaT¸ENT cENTER wHENEVER sHE HaD cHE¸OTHERapy. SHE bELIEVED THERE HaD TO bE a caUsaL cONNEcTION bETwEEN aTTITUDE aND pHysIcaL I¸pROVE¸ENT. FRO¸ EaRLy cHILDHOOD ON wE aRE TaUgHT THaT aTTITUDE aND EffORT cOUNT. “GOOD cITIzENsHIp” Is sUppOsED TO bRINg Us ExTRa pOINTs. °E NURsEs aLL saID wHaT a wONDERfUL wO¸aN OUR fRIEND was. SHE was THE pERfEcTLy bRaVE, pOsITIVE, cHEERfUL caNcER paTIENT. ¹O ¸E sHE was ¸OsT wONDERfUL aT THE END, wHEN sHE gRIEVED HER ILLNEss OpENLy, DROppED HER acT, aND cLEaRLy DE¸ONsTRaTED HER aNgER. SHE LIVED HER ILLNEss as sHE cHOsE, aND by THE TI¸E sHE was acTINg ON HER aNgER aND saDNEss, sHE was TOO sIck fOR ¸E TO ask HER If sHE wIsHED sHE HaD ExpREssED ¸ORE Of THOsE E¸OTIONs EaRLIER. º caN ONLy wONDER wHaT IT HaD cOsT HER TO sUsTaIN HER Happy I¸agE fOR sO LONg. WHEN º TRIED TO sUsTaIN a cHEERfUL aND TIDy I¸agE, IT cOsT ¸E ENERgy, wHIcH was scaRcE. ºT aLsO cOsT ¸E OppORTUNITIEs TO ExpREss wHaT was HappENINg IN
s e c n a r a e p p A f o t s o C e h T
¹OO fEw pEOpLE, wHETHER ¸EDIcaL sTaff, fa¸ILy, OR fRIENDs, sEE¸ wILLINg TO accEpT THE pOssIbILITy THaT DEpREssION ¸ay bE THE ILL pERsON’s ¸OsT appROpRI-
¸y LIfE wITH caNcER aND TO UNDERsTaND THaT LIfE. FINaLLy, ¸y aTTE¸pTs aT a
22
pOsITIVE I¸agE DI¸INIsHED ¸y RELaTIONsHIps wITH OTHERs by pREVENTINg THE¸ fRO¸ sHaRINg ¸y ExpERIENcE. BUT THIs I¸agE Is aLL THaT ¸aNy Of THOsE aROUND
knarF ruhtrA
aN ILL pERsON aRE wILLINg TO sEE. °E OTHER sIDE Of sUsTaININg a “pOsITIVE” I¸agE Is DENyINg THaT ILLNEss caN END IN DEaTH. MEDIcaL sTaff aRgUE THaT paTIENTs wHO NEED TO DENy DyINg sHOULD bE aLLOwED TO DO sO. °E saD END Of THIs pROcEss cO¸Es wHEN THE pERsON Is DyINg bUT Has bEcO¸E TOO sIck TO ExpREss wHaT HE ¸IgHT NOw waNT TO say TO HIs LOVED ONEs, abOUT HIs LIfE aND THEIRs. °EN THaT pERsON aND HIs fa¸ILy aRE DENIED a fiNaL ExpERIENcE TOgETHER; NOT aLL wILL cHOOsE THIs ¸O¸ENT, bUT aLL HaVE a RIgHT TO IT. °E ¸EDIcaL sTaff DO NOT HaVE TO bE paRT Of THE TRagEDy Of LIVINg wITH wHaT was LEſt UNsaID. FOR THE¸ a paTIENT wHO DENIEs Is ONE wHO Is cHEERfUL, ¸akEs fEw DE¸aNDs, aND asks fEwER qUEsTIONs. SO¸E ILL pERsONs ¸ay NEED TO DENy, fOR REasONs wE caNNOT kNOw. BUT IT Is TOO cONVENIENT fOR TREaT¸ENT pROVIDERs TO assU¸E THaT THE DENIaL cO¸Es ENTIRELy fRO¸ THE paTIENT, bEcaUsE THIs aLLOws THE¸ NOT TO REcOgNIzE THaT THEy aRE cUEINg THE paTIENT. ²abELINg THE ILL pERsON’s bEHaVIOR as DENIaL DEscRIbEs IT as a NEED Of THE paTIENT, INsTEaD Of UNDERsTaNDINg IT as THE paTIENT’s response TO HIs sITUaTION. °aT sITUaTION, ¸aDE Up Of THE cUEs gIVEN by TREaT¸ENT pROVIDERs aND caREgIVERs, Is wHaT sHapEs THE ILL pERsON’s bEHaVIOR. ¹O bE ILL Is TO bE DEpENDENT ON ¸EDIcaL sTaff, fa¸ILy, aND fRIENDs. SINcE aLL THEsE pEOpLE VaLUE cHEERfULNEss, THE ILL ¸UsT sU¸¸ON Up THEIR ENERgIEs TO bE cHEERfUL. ¶ENIaL ¸ay NOT bE wHaT THEy waNT OR NEED, bUT IT Is wHaT THEy pERcEIVE THOsE aROUND THE¸ waNTINg aND NEEDINg. °Is Is NOT THE ILL pERsON’s OwN DENIaL, bUT RaTHER HIs accO¸¸ODaTION TO THE DENIaL Of OTHERs. WHEN OTHERs aROUND yOU aRE DENyINg wHaT Is HappENINg TO yOU, DENyINg IT yOURsELf caN sEE¸ LIkE yOUR bEsT DEaL. ¹O LIVE a¸ONg OTHERs Is TO ¸akE DEaLs. WE HaVE TO DEcIDE wHaT sUppORT wE NEED aND wHaT wE ¸UsT gIVE OTHERs TO gET THaT sUppORT. °EN wE ¸akE OUR “bEsT DEaL” Of bEHaVIOR TO gET wHaT wE NEED. °Is pROcEss Is RaRELy a cONscIOUs ONE. ºT DEVELOps OVER a LONg TI¸E IN sO ¸aNy ExpERIENcEs THaT IT bEcO¸Es THE way wE aRE, OR wHaT wE caLL OUR pERsONaLITy. BUT bEHIND ¸UcH Of wHaT wE caLL pERsONaLITy, DEaLs aRE bEINg ¸aDE. ºN a cRIsIs sUcH as ILLNEss THE TER¸s Of THE DEaL RIsE TO THE sURfacE aND caN bE sEEN ¸ORE cLEaRLy. ±NE INcIDENT caN sTaND fOR aLL THE DEaLs º ¸aDE DURINg TREaT¸ENT. ¶URINg ¸y cHE¸OTHERapy º HaD TO spEND THREE-Day pERIODs as aN INpaTIENT, REcEIVINg cONTINUOUs DRUgs. ºN THE THREE wEEks OR sO bETwEEN TREaT¸ENTs º was Exa¸INED wEEkLy IN THE Day-caRE paRT Of THE caNcER cENTER. ¶ay caRE Is a LaRgE
ROO¸ fiLLED wITH Easy cHaIRs wHERE paTIENTs sIT wHILE THEy aRE gIVEN bRIEfER INTRaVENOUs cHE¸OTHERapy THaN ¸INE. °ERE aRE aLsO bEDs, cLOsELy spacED
23
Is bEINg saID. ÁOspITaLs, HOwEVER, DEpEND ON a ¸yTH Of pRIVacy. As sOON as a cURTaIN Is pULLED, THaT spacE Is DEfiNED as pRIVaTE, aND THE paTIENT Is ExpEcTED TO aNswER aLL qUEsTIONs, NO ¸aTTER HOw INTI¸aTE. °E fiRsT TI¸E wE wENT TO Day caRE, a yOUNg NURsE INTERVIEwED CaTHIE aND ¸E TO assEss OUR “psycHOsOcIaL” NEEDs. ºN THE ¸IDDLE Of THIs ¸EDIcaL bUs sTaTION sHE bEgaN askINg sO¸E REasONabLE qUEsTIONs. WERE wE ExpERIENcINg DIfficULTIEs aT wORk bEcaUsE Of ¸y ILLNEss? WERE wE HaVINg aNy pRObLE¸s wITH OUR fa¸ILIEs? WERE wE gETTINg sUppORT fRO¸ THE¸? °EsE qUEsTIONs wERE pREcIsELy wHaT a caREgIVER sHOULD ask. °E pRObLE¸ was wHERE THEy wERE bEINg askED. ±UR REspONsE TO ¸OsT Of THEsE qUEsTIONs was TO LIE. WITHOUT EVEN LOOkINg aT EacH OTHER, wE bOTH UNDERsTOOD THaT wHaTEVER pRObLE¸s wE wERE HaVINg, wE wERE NOT gOINg TO TaLk abOUT THE¸ THERE. WHy? ¹O figURE OUT OUR bEsT DEaL, wE HaD TO assEss THE kIND Of sUppORT wE THOUgHT wE cOULD gET IN THaT sETTINg fRO¸ THaT NURsE. µOTHINg sHE DID cONVINcED Us THaT wHaT sHE cOULD OffER was EqUaL TO wHaT wE wOULD RIsk by TELLINg HER THE TRUTH. AD¸ITTINg THaT yOU HaVE pRObLE¸s ¸akEs yOU VULNERabLE, bUT IT Is aLsO THE ONLy way TO gET HELp. °ROUgHOUT ¸y ILLNEss CaTHIE aND º cONsTaNTLy wEIgHED OUR NEED fOR HELp agaINsT THE RIsk INVOLVED IN ¸akINg OURsELVEs VULNERabLE. ºf wE DID NOT fEEL THaT sUppORT was fORTHcO¸INg, wE sUppREssED OUR NEED fOR ExpREssION. ºf wE HaD ExpREssED OUR pRObLE¸s aND E¸OTIONs IN THaT VERy pUbLIc sETTINg, wE wOULD HaVE bEEN ExTRE¸ELy VULNERabLE. ºf wE HaD THEN REcEIVED aNyTHINg LEss THaN TOTaL sUppORT, IT wOULD HaVE bEEN DEVasTaTINg. °E NURsE sHOwED NO awaRENEss OR appREcIaTION Of HOw ¸UcH HER qUEsTIONs REqUIRED Us TO RIsk, sO wE gaVE ONLy a cHEERfUL “NO pRObLE¸s” REspONsE. °aT was aLL THE sETTINg sEE¸ED abLE TO sUppORT. MaybE wE wERE wRONg. MaybE THE sTaff wOULD HaVE sUppORTED Us If wE HaD OpENED Up abOUT OUR pRObLE¸s wITH OTHERs’ REspONsEs TO ¸y ILLNEss, OUR sTREss TRyINg TO kEEp OUR jObs gOINg, aND OUR fEaRs aND DOUbTs abOUT TREaT¸ENT. WE cERTaINLy wERE awaRE THaT OUR REspONsEs cUT Off THaT sUppORT. ºT was DOUbLE OR NOTHINg; wE cHOsE safETy. ºLL pERsONs facE sUcH cHOIcEs cONsTaNTLy. WE sTILL bELIEVE wE wERE RIgHT TO kEEp qUIET. ºf THE sTaff HaD HaD REaL sUppORT TO OffER, THEy wOULD HaVE OffERED IT IN a sETTINg THaT ENcOURagED OUR REspONsE. WHEN wE wERE aLONE wITH NURsEs IN aN INpaTIENT ROO¸, THE qUEsTIONs THEy askED wERE THOsE ON ¸EDIcaL HIsTORy fOR¸s. ºN THE pRIVacy Of THaT ROO¸ THE NURsEs wERE VULNERabLE TO THE E¸OTIONs wE ¸IgHT HaVE ExpREssED, sO THEy askED NO “psycHOsOcIaL” qUEsTIONs.
s e c n a r a e p p A f o t s o C e h T
wITH cURTaINs bETwEEN. ´VERyONE caN sEE EVERyONE ELsE aND HEaR ¸OsT Of wHaT
ºT was a LOT Of wORk fOR Us TO aNswER THE Day-caRE NURsE’s qUEsTIONs wITH
24
a s¸ILE. GIVINg HER THE I¸pREssION THaT wE fELT aLL RIgHT was DRaININg, aND ILLNEss aND ITs caRE HaD DRaINED Us bOTH aLREaDy. BUT ExpENDINg OUR ENERgIEs
knarF ruhtrA
THIs way sEE¸ED OUR bEsT DEaL. ANybODy wHO waNTs TO bE a caREgIVER, paRTIcULaRLy a pROfEssIONaL, ¸UsT NOT ONLy HaVE REaL sUppORT TO OffER bUT ¸UsT aLsO LEaRN TO cONVINcE THE ILL pERsON THaT THIs sUppORT Is THERE. My DEfENsEs HaVE NEVER bEEN sTRONgER THaN THEy wERE wHEN º was ILL. º HaVE NEVER waTcHED OTHERs ¸ORE cLOsELy OR bEEN ¸ORE gUaRDED aROUND THE¸. º NEEDED OTHERs ¸ORE THaN º EVER HaVE, aND º was aLsO ¸OsT VULNERabLE TO THE¸. °E bEHaVIOR º wORkED TO LET OTHERs sEE was ¸y ¸OsT cONsERVaTIVE EsTI¸aTE Of wHaT º THOUgHT THEy wOULD sUppORT. AgaIN º caN gIVE NO fOR¸ULa, ONLy qUEsTIONs. ¹O THE ILL pERsON: ÁOw ¸UcH Is THIs bEsT DEaL cOsTINg yOU IN TER¸s Of E¸OTIONaL wORk? WHaT aRE yOU cO¸pRO¸IsINg Of yOUR OwN ExpREssION Of ILLNEss IN ORDER TO pREsENT THOsE aROUND yOU wITH THE cHEERfUL appEaRaNcE THEy waNT? WHaT DO yOU fEaR wILL HappEN If yOU acT OTHERwIsE? AND TO THOsE aROUND THE ILL pERsON: WHaT cUEs aRE yOU gIVINg THE ILL pERsON THaT TELL HER HOw yOU waNT HER TO acT? ºN wHaT way Is HER bEHaVIOR a REspONsE TO yOUR OwN? WHOsE DENIaL, wHOsE NEEDs? FEaR aND DEpREssION aRE a paRT Of LIfE. ºN ILLNEss THERE aRE NO “NEgaTIVE E¸OTIONs,” ONLy ExpERIENcEs THaT HaVE TO bE LIVED THROUgH. WHaT Is NEEDED IN THEsE ¸O¸ENTs Is NOT DENIaL bUT REcOgNITION. °E ILL pERsON’s sUffERINg sHOULD bE affiR¸ED, wHETHER OR NOT IT caN bE TREaTED. WHaT º waNTED wHEN º was ¸OsT ILL was THE REspONsE, “YEs, wE sEE yOUR paIN; wE accEpT yOUR fEaR.” º NEEDED OTHERs TO REcOgNIzE NOT ONLy THaT º was sUffERINg, bUT aLsO THaT wE HaD THIs sUffERINg IN cO¸¸ON. º caN accEpT THaT DOcTORs aND NURsEs sO¸ETI¸Es faIL TO pROVIDE THE cORREcT TREaT¸ENT. BUT º caNNOT accEpT IT wHEN ¸EDIcaL sTaff, fa¸ILy, aND fRIENDs faIL TO REcOgNIzE THaT THEy aRE EqUaL paRTIcIpaNTs IN THE pROcEss Of ILLNEss. °EIR acTIONs sHapE THE bEHaVIOR Of THE ILL pERsON, aND THEIR bODIEs sHaRE THE pOTENTIaL Of ILLNEss. °OsE wHO ¸akE cHEERfULNEss aND bRaVERy THE pRIcE THEy REqUIRE fOR sUppORT DENy THEIR OwN HU¸aNITy. °Ey DENy THaT TO bE HU¸aN Is TO bE ¸ORTaL, TO bEcO¸E ILL, aND DIE. ºLL pERsONs NEED OTHERs TO sHaRE IN REcOgNIzINg wITH THE¸ THE fRaILTy Of THE HU¸aN bODy. WHEN OTHERs jOIN THE ILL pERsON IN THIs REcOgNITION, cOURagE aND cHEER ¸ay bE THE REsULT, NOT as aN appEaRaNcE TO bE wORkED aT, bUT as a spONTaNEOUs ExpREssION Of a cO¸¸ON E¸OTION.
´he Sh±P ³ound±ng Donald Hall
´acH ¸ORNINg º ¸aDE ¸y way a¸ONg gaNgways, ELEVaTORs, aND NURsEs’ pODs TO JaNE’s ROO¸ TO INTERROgaTE gRaVE HELpERs wHO HaD TENDED HER aLL NIgHT LIkE THE sHIp’s ¸assIVE ENgINEs THaT kEpT ITs pROpELLERs TURNINg. WEEk aſtER wEEk, º saT by HER bED wITH bLack cOffEE aND THE Globe. °E passENgERs ON THIs VOyagE wORE ¸asks OR caNNULaE OR DaNgLED DEVIcEs THaT DRIppED cHE¸IcaLs INTO THEIR wRIsTs, bUT º bELIEVED THaT THE sHIp TRaVELED TO a HaRbOR Of bREakfasT, wORk, aND LOVE. º wROTE: “WHEN THE INfUsIONs aRE INfUsED ENTIRELy, bONE ¸aRROw REsTORED aND Ly¸pHObLasTs RE¸ITTED, º wILL TakE ¸y wIfE, as baLD as MIcHaEL JORDaN, HO¸E TO OUR DOg aND Day.” MONTHs LaTER THEsE wORDs TURN Up a¸ONg papERs ON ¸y DEsk aT HO¸E, as º LIsTEN TO HEaR JaNE caLL fOR HELp, OR spEak IN DELIRIU¸,
¶ONaLD ÁaLL, “°E SHIp POUNDINg,” fRO¸ White Apples and the Taste of Stone: Selected Poems,
1946–2006 , by ¶ONaLD ÁaLL. © 2006 by ¶ONaLD ÁaLL. ³EpRINTED by pER¸IssION Of ÁOUgHTON MIfflIN ÁaRcOURT PUbLIsHINg CO¸paNy. ALL RIgHTs REsERVED.
waITINg TO ¸akE THE agITaTED
26
DRIVE TO ´¸ERgENcy agaIN, fOR RE-aD¸IssION TO THE HUgE
llaH dlanoD
VEssEL THaT HEaVEs waTER ¸ONTH aſtER ¸ONTH, wITHOUT LEaVINg pORT, wITHOUT ¸OVINg a kNOT, wITHOUT aRRIVaL OR DEsTINaTION, ITs gREaT ENgINEs pOUNDINg.
God AT The Beds±de Jerome Groopman
µOT LONg agO, IN THE ONcOLOgy cLINIc wHERE º wORk, ¸y paTIENT ANNa ANgELO askED ¸E TO pRay TO GOD. AT THE TI¸E, pRayER was faR fRO¸ THE fOREfRONT Of ¸y ¸IND. ANNa (HER Na¸E Has bEEN cHaNgED TO ¸aINTaIN cONfiDENTIaLITy) Is a 71-yEaR-OLD wO¸aN fRO¸ BOsTON’s µORTH ´ND wITH LONgsTaNDINg caRDIac aND HEpaTObILIaRy DIsEasE. SIx yEaRs agO, bREasT caNcER DEVELOpED. °E TU¸OR was INcURabLE fRO¸ THE TI¸E Of DIagNOsIs, sINcE IT HaD aLREaDy spREaD TO bONE. °E caNcER cELLs TEsTED pOsITIVE fOR EsTROgEN aND pROgEsTERONE REcEpTORs, aND ANNa was TREaTED wITH a sERIEs Of HOR¸ONaL agENTs, wHIcH, OVER THE ENsUINg yEaRs, LaRgELy cONTROLLED THE DIsEasE. A DEVOUT CaTHOLIc, sHE REgULaRLy aTTENDED Mass aND cOUNTED HER pRIEsT a¸ONg HER cLOsEsT fRIENDs. “GOD Has bEEN gOOD TO ¸E,” ANNa saID aT THE END Of EacH VIsIT. ±VER THE pREVIOUs TwO ¸ONTHs, ANNa HaD bEEN cO¸pLaININg TO HER INTERNIsT abOUT LOss Of appETITE aND faTIgUE. ÁE ORDERED bLOOD TEsTs aND THEN a »¾t scaN. °E caNcER HaD ¸ETasTasIzED TO HER LIVER. A bIOpsy sHOwED THaT THE HEpaTIc ¸ETasTasEs NO LONgER ExpREssED HOR¸ONE REcEpTORs. WHEN ANNa aRRIVED fOR HER appOINT¸ENT wITH ¸E, sHE HaD aLREaDy bEEN INfOR¸ED Of HER bIOpsy REsULTs. °E fiRsT THINg sHE saID was THaT sHE waNTED TO LIVE as LONg as pOssIbLE bUT was cONcERNED abOUT THE TOLL Of cHE¸OTHERapy. º ExpLaINED THaT THE cHOIcE Of a TREaT¸ENT pLaN wOULD NOT bE sI¸pLE, gIVEN HER cO¸pLIcaTINg ¸EDIcaL pRObLE¸s. MaNy Of THE DRUgs cOULD HaVE sERIOUs sIDE EffEcTs ON HER HEaRT aND wOULD bE ¸ETabOLIzED by HER LIVER. SO, bEfORE REcO¸¸ENDINg a REgI¸EN, º wOULD cONsULT wITH HER INTERNIsT, caRDIOLOgIsT, aND gasTROENTEROLOgIsT. ANNa TOOk IN ¸y wORDs aND THEN saID, “¶OcTOR, º’¸ fRIgHTENED. º pRay EVERy Day. º waNT yOU TO pRay fOR ¸E.” ANNa LOOkED sqUaRELy aT ¸E. ºT was cLEaR sHE waNTED a REspONsE. FOR a LONg wHILE, º DID NOT kNOw wHaT TO say. A DOcTOR’s wORDs HaVE gREaT pOwER
JERO¸E GROOp¸aN, “GOD aT THE BEDsIDE,” fRO¸ THE New England Journal of Medicine 350 (2004): 1176–1178. © 2004 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
fOR a paTIENT; THEy caN HELp TO HEaL, aND THEy caN DO gREaT HaR¸. °E spEcIaLTy
28
Of ONcOLOgy ROUTINELy INVOLVEs TREaTINg pEOpLE wHO aRE IN DIRE cIRcU¸sTaNcEs aND fiND THE¸sELVEs facINg THEIR OwN ¸ORTaLITy. MaNy Of ¸y paTIENTs sEEk
nampoorG emoreJ
sTRENgTH aND sOLacE IN THEIR faITH. µONE Of THE TRaININg º REcEIVED IN ¸EDIcaL scHOOL, REsIDENcy, fELLOwsHIp, OR pRacTIcE HaD TaUgHT ¸E HOw TO REpLy TO ANNa. AND aLTHOUgH º a¸ RELIgIOUs, º cONsIDER ¸y bELIEfs aND pRayERs a pRIVaTE ¸aTTER. SHOULD º sIDEsTEp ANNa’s REqUEsT, IN EffEcT DIsTaNcINg ¸ysELf fRO¸ HER aT a ¸O¸ENT Of gREaT NEED? ±R sHOULD º cROss THE bOUNDaRy fRO¸ THE pURELy pROfEssIONaL TO THE pERsONaL aND jOIN HER IN pRayER? ¶ILE¸¸as LIkE THIs ONE HaVE bEcO¸E pOINTs Of sHaRp cONTENTION IN THE ¸EDIcaL wORLD. ÁOw sHOULD DOcTORs Exa¸INE aND ENgagE RELIgION IN THE LIVEs Of THEIR paTIENTs aND IN THEIR OwN LIVEs as cLINIcIaNs? ºs THERE aNy pLacE fOR GOD aT THE bEDsIDE DURINg ROUNDs? °E ·NITED STaTEs Is a DEEpLy RELIgIOUs cOUNTRy, aND sEVERaL sURVEys sHOw bOTH THaT a LaRgE ¸ajORITy Of paTIENTs waNT pHysIcIaNs TO bE ENgagED IN THEIR spIRITUaL LIVEs aND THaT THE sIck bELIEVE IN ¸IRacULOUs HEaLINg wHEN ¸EDIcINE caN OffER NO pROVEN cURE. BUT RELIgIOUs bELIEfs aRE NOT aLways pOsITIVE OR bENEficIaL. ±NE Of ¸y ¸OsT INsTRUcTIVE ExpERIENcEs Of THE EffEcTs Of RELIgIOUs bELIEf OccURRED sO¸E THREE DEcaDEs agO, wHEN º was a THIRD-yEaR ¸EDIcaL sTUDENT. AN ±RTHODOx JEwIsH wO¸aN IN HER 20s was aD¸ITTED TO THE sURgIcaL sERVIcE wITH a LaRgE bREasT ¸ass. SHE sEE¸ED INTELLIgENT aND aNI¸aTED, aND IT ¸aDE NO sENsE TO ¸E THaT sHE wOULD HaVE IgNORED a gROwTH IN HER bREasT THaT was THE sIzE Of a waLNUT. ºN ¸y NaïVETé, º THOUgHT THaT OUR sHaRED HERITagE pOsITIONED ¸E TO cO¸¸UNIcaTE wITH HER IN a paRTIcULaRLy EffEcTIVE way, aND º ENcOURagED HER TO cONfiDE IN ¸E THE REasON wHy sHE HaD LET THE ¸ass gROw sO LaRgE bEfORE sEEkINg a sURgEON. ºT TURNED OUT THaT sHE HaD HaD aN affaIR wITH HER E¸pLOyER, aND sHE saw HER TU¸OR as GOD’s pUNIsH¸ENT fOR HER sIN. °ERE was NO HOpE fOR HER, NO REasON TO cONTINUE LIVINg, bEcaUsE HER DEaTH was GOD’s wILL. º was IN OVER ¸y HEaD. º HaD bRasHLy TREaDED INTO THEOLOgIcaL TERRITORy wITHOUT a cLINIcaL cO¸pass. Was HER cONfEssION ¸EaNT as a caLL fOR absOLUTION OR a cONfiR¸aTION Of HER TRaNsgREssION? ºT was NOT ¸y pLacE TO affORD EITHER, aND wITH a ¸Ix Of cONfUsION aND sHa¸E, º RETREaTED fRO¸ HER. ²aTER sHE sHaRED HER sEcRET wITH THE aTTENDINg sURgEON. º NEVER kNEw wHaT HE HaD saID TO HER THaT cONVINcED HER TO bE TREaTED. µOR, DURINg ¸y sUbsEqUENT ¸EDIcaL TRaININg, was º EVER TaUgHT HOw TO spEak TO paTIENTs abOUT ¸aTTERs Of faITH.
CENTURIEs agO, wHEN HEaLERs ca¸E pRI¸aRILy fRO¸ THE RaNks Of ¸ONks, RabbIs, aND I¸a¸s, aND wHEN NURsEs wERE NUNs OR ¸E¸bERs Of RELIgIOUs ORDERs,
29
Of aN ILLNEss OR bETwEEN THE pHysIcaL aND spIRITUaL cO¸pONENTs Of ITs TREaT¸ENT. ºN THE ¸ODERN ERa, RELIgION aND scIENcE aRE UNDERsTOOD TO bE sHaRpLy DIVIDED, THE TwO OccUpyINg VERy DIffERENT DO¸aINs. ³ELIgION ExpLOREs THE NaTURE Of GOD aND OffERs RITUaLs fOR I¸pLE¸ENTINg GOD’s wILL, wHEREas scIENcE EscHEws aNy sUcH ¸ETapHysIcs aND THROUgH ExpERI¸ENTaTION UNVEILs THE wORkINgs Of THE ¸aTERIaL wORLD. BUT IN THE ¸INDs Of ¸aNy Of OUR paTIENTs, THERE Is NO sUcH scHIs¸. ³ELIgION, pERHaps ¸ORE THaN aNy OTHER sINgLE fORcE, caN scULpT THE ExpERIENcE Of ILLNEss. ºN A¸ERIca TODay, RELIgIOUs INflUENcE caN gO bEyOND cONcEpTs E¸bODIED IN THE THREE AbRaHa¸Ic faITHs. SO¸E paTIENTs aND THEIR DOcTORs HaVE TURNED TO ´asTERN pHILOsOpHIEs, sEEkINg TO INTEgRaTE BUDDHIsT, ¹aOIsT, aND AyURVEDIc IDEas aND pRacTIcEs INTO cLINIcaL caRE. ¶IffERENT faITHs DIcTaTE DIffERENT fOR¸s Of bEHaVIOR, sOcIaL INTERacTIONs, aND VIEws abOUT HOw TO LIVE aND HOw TO DIE. FOR THIs REasON, sO¸E ¸EDIcaL EDUcaTORs HaVE aRgUED THaT RELIgION Is a cLINIcaL VaRIabLE TO bE cONsIDERED IN EVERy casE aND THaT a “spIRITUaL HIsTORy” sHOULD bEcO¸E a REgULaR paRT Of THE paTIENT INTERVIEw. ºNDEED, sUcH a HIsTORy ¸ay yIELD kEy DIagNOsTIc cLUEs OR gUIDE REcO¸¸ENDaTIONs abOUT DIsEasE pREVENTION aND sUggEsT sTRaTEgIEs TO ENsURE cO¸pLIaNcE wITH TREaT¸ENT. BUT If THIs kIND Of HIsTORy TakINg bEcO¸Es cO¸¸ON pRacTIcE, wHEN, by wHO¸, aND HOw sHOULD IT bE DONE? AT THE fiRsT VIsIT, OR ONLy aſtER a cLOsE bOND Has bEEN fOR¸ED bETwEEN paTIENT aND DOcTOR? By THE ¸EDIcaL sTUDENT, REsIDENT, OR aTTENDINg pHysIcIaN? AND HOw wOULD DOcTORs ¸aNagE THE THEOLOgIcaL faLLOUT? MaNy DOcTORs, UNDERsTaNDabLy, aRE LEERy Of ¸OVINg OUTsIDE THE sTRIcTLy cLINIcaL aND VENTURINg INTO THE spIRITUaL REaL¸. As was cLEaR IN THE casE Of THE ±RTHODOx wO¸aN º ¸ET as a sTUDENT, THEOLOgIEs caN sO¸ETI¸Es bE TOxIc. ³ELIgION caN bE a wELLspRINg Of gREaT sTRENgTH aND cO¸fORT OR a pOOL Of gUILT aND paIN. ºf wE bEgIN TakINg a spIRITUaL HIsTORy, THEN wE RIsk bEcO¸INg cLINIcaL jUDgEs Of wHaT wE HEaR. BUT aLTHOUgH DOcTORs sHOULD NOT pREsU¸E TO TakE ON THE ¸aNTLE Of THE cLERgy, º bELIEVE THaT THEy caNNOT aLways aVOID EVaLUaTINg wHETHER THE pERsONaL RELIgIOUs bELIEfs Of THEIR paTIENTs aRE saLUbRIOUs. ·NfORTUNaTELy, THIs TypE Of EVaLUaTION REqUIREs DEEpER kNOwLEDgE Of DIffERENT RELIgIONs aND THEIR cLINIcaLLy bENEficIaL aND HaR¸fUL cONcEpTIONs THaN ¸OsT Of Us pOssEss. ÂENTURINg INTO THE spIRITUaL DO¸aIN aLsO ¸EaNs cONfRONTINg a paTIENT’s ExpEcTaTIONs abOUT THE OUTcO¸E Of aN ILLNEss, paRTIcULaRLy wHaT IT
e d i s d e B e h t ta d o G
THERE was NO cLEaR DIVIDE bETwEEN bIOLOgy aND acTs Of GOD IN THE gENEsIs
¸EaNs NOT TO bE cURED DEspITE faITH aND pRayER. ºf a paTIENT pRays fOR a ¸EDI-
30
caL ¸IRacLE aND IT DOEsN’T OccUR, DOEs THaT ¸EaN THaT GOD DOEsN’T LOVE HER OR THaT sHE Is UNwORTHy bEcaUsE HER wILL aND cHaRacTER wERE TOO wEak TO
nampoorG emoreJ
ExERT THE “pOwER Of pRayER”? POpULaR cULTURE ¸akEs ¸UcH Of THE abILITy Of wILL aND faITH TO ¸IRacULOUsLy OVERcO¸E DREaDED DIsEasEs fOR wHIcH ¸ODERN ¸EDIcINE Has NO pROVEN RE¸EDIEs. ³IgOROUs DOcU¸ENTaTION Of sUcH wIDELy TOUTED spONTaNEOUs RE¸IssIONs Is scaNT, aND EVEN IN THOsE RaRE TRUE casEs, caUsE aND EffEcT aRE ObscURE. A DOcTOR’s pRacTIcE caN aLsO bE INflUENcED, cONscIOUsLy OR sUbcONscIOUsLy, by HIs OwN RELIgIOUs bELIEfs. MOREOVER, HIs OwN faITH, LIkE THaT Of HIs paTIENTs, ¸ay bE TEsTED by THE TRaU¸a aND TRaVaIL THaT HE wITNEssEs. º ca¸E fRO¸ a HO¸E wHERE faITH was sTRONg bUT NOT fUNDa¸ENTaLIsT, wHERE bELIEf cOExIsTED wITH DOUbT. AſtER spENDINg sIx wEEks ON a pEDIaTRIc ONcOLOgy waRD aT a TI¸E wHEN ¸OsT cHILDREN wITH caNcER DIED TERRIbLE DEaTHs, º was ON THE VERgE Of LOsINg ¸y faITH. °EODIcy, THE qUEsTION Of wHy a bENEVOLENT GOD wOULD pER¸IT sUcH sUffERINg IN THE UNIVERsE, caN bE bROUgHT INTO sHaRp fOcUs IN THE HOspITaL. °E INTI¸acy Of THE pHysIcIaN-paTIENT DIaLOgUE cOULD caUsE THIs qUEsTION TO E¸ERgE. WHaT If ANNa HaD askED ¸E wHy GOD HaD cHOsEN HER TO sUffER? SHOULD a DOcTOR paRTIcIpaTE IN sUcH a DIaLOgUE? ´VEN as wE pONDER wHETHER OR HOw wE sHOULD sTEp INsIDE THE RELIgIOUs wORLDs Of OUR paTIENTs, wE sHOULD aLsO ask wHETHER ¸E¸bERs Of THE cLERgy sHOULD ENTER ¸ORE DEEpLy INTO OUR cLINIcaL spHERE. °ERE Is a gREaT I¸baLaNcE Of pOwER bETwEEN paTIENT aND DOcTOR. ±ſtEN, º HaVE bEEN INsENsITIVE TO THIs I¸baLaNcE aND HaVE TakEN a paTIENT’s sILENcE TO REpREsENT TacIT assENT TO ¸y REcO¸¸ENDaTIONs. A ¸E¸bER Of THE cLERgy caN spEak TO a DOcTOR aT EyE LEVEL aND acT as aN aDVOcaTE fOR a paTIENT wHO ¸ay bE INTI¸IDaTED by a pHysIcIaN aND RELUcTaNT TO qUEsTION OR OppOsE HIs OR HER aDVIcE. A pRIEsT, a RabbI, OR aN I¸a¸ caN HELp paTIENTs TO DETER¸INE wHIcH cLINIcaL OpTIONs aRE IN cONcERT wITH THEIR RELIgIOUs I¸pERaTIVEs aND caN gIVE THE pHysIcIaN THE LaNgUagE wITH wHIcH TO aDDREss THE paTIENT’s spIRITUaL NEEDs. FacINg ANNa, º sEaRcHED fOR a REspONsE. º RE¸INDED ¸ysELf THaT wHENEVER º wEaR THaT wHITE cOaT º a¸ a pHysIcIaN aND THaT wHaTEVER º say OR DO sHOULD bE fOR THE cLINIcaL bENEfiT Of ¸y paTIENT. º bRIEfly pONDERED THE qUEsTION Of wHETHER pRayER was “gOOD fOR HEaLTH.” °Is IssUE HaD capTURED THE pUbLIc’s I¸agINaTION, bUT pUbLIsHED REsEaRcH ON THE sUbjEcT was OſtEN pRELI¸INaRy aND INcONcLUsIVE. ºT was a LEgITI¸aTE aND INTRIgUINg sUbjEcT Of scIENTIfic INqUIRy, bUT sO¸EHOw, aT THE ¸O¸ENT, IT sEE¸ED RE¸OTE fRO¸ wHaT ANNa was askINg fOR—a HEaRTfELT aNswER.
AND sO, UNsURE Of wHERE TO fix THE bOUNDaRy bETwEEN THE pROfEssIONaL aND THE pERsONaL, UNsURE wHaT wORDs wERE appROpRIaTE, º DREw ON THE ¹aL-
31
aND aNswERED HER qUEsTION wITH a qUEsTION. “WHaT Is THE pRayER yOU waNT?” “PRay fOR GOD TO gIVE ¸y DOcTORs wIsDO¸,” ANNa saID. ¹O THaT, º sILENTLy EcHOED, “A¸EN.”
e d i s d e B e h t ta d o G
¸UDIc cUsTO¸ Of ¸y aNcEsTORs aND THE pEDagOgIcaL pRacTIcE Of ¸y ¸ENTORs
´he Use of FoRce William Carlos Williams
°Ey wERE NEw paTIENTs TO ¸E, aLL º HaD was THE Na¸E, ±LsON. PLEasE cO¸E DOwN as sOON as yOU caN, ¸y DaUgHTER Is VERy sIck. WHEN º aRRIVED º was ¸ET by THE ¸OTHER, a bIg sTaRTLED LOOkINg wO¸aN, VERy cLEaN aND apOLOgETIc wHO ¸ERELy saID, ºs THIs THE DOcTOR? aND LET ¸E IN. ºN THE back, sHE aDDED. YOU ¸UsT ExcUsE Us, DOcTOR, wE HaVE HER IN THE kITcHEN wHERE IT Is waR¸. ºT Is VERy Da¸p HERE sO¸ETI¸Es. °E cHILD was fULLy DREssED aND sITTINg ON HER faTHER’s Lap NEaR THE kITcHEN TabLE. ÁE TRIED TO gET Up, bUT º ¸OTIONED fOR HI¸ NOT TO bOTHER, TOOk Off ¸y OVERcOaT aND sTaRTED TO LOOk THINgs OVER. º cOULD sEE THaT THEy wERE aLL VERy NERVOUs, EyEINg ¸E Up aND DOwN DIsTRUsTfULLy. As OſtEN, IN sUcH casEs, THEy wEREN’T TELLINg ¸E ¸ORE THaN THEy HaD TO, IT was Up TO ¸E TO TELL THE¸; THaT’s wHy THEy wERE spENDINg THREE DOLLaRs ON ¸E. °E cHILD was faIRLy EaTINg ¸E Up wITH HER cOLD, sTEaDy EyEs, aND NO ExpREssION TO HER facE wHaTEVER. SHE DID NOT ¸OVE aND sEE¸ED, INwaRDLy, qUIET; aN UNUsUaLLy aTTRacTIVE LITTLE THINg, aND as sTRONg as a HEIfER IN appEaRaNcE. BUT HER facE was flUsHED, sHE was bREaTHINg RapIDLy, aND º REaLIzED THaT sHE HaD a HIgH fEVER. SHE HaD ¸agNIficENT bLONDE HaIR, IN pROfUsION. ±NE Of THOsE pIcTURE cHILDREN OſtEN REpRODUcED IN aDVERTIsINg LEaflETs aND THE pHOTOgRaVURE sEcTIONs Of THE SUNDay papERs. SHE’s HaD a fEVER fOR THREE Days, bEgaN THE faTHER aND wE DON’T kNOw wHaT IT cO¸Es fRO¸. My wIfE Has gIVEN HER THINgs, yOU kNOw, LIkE pEOpLE DO, bUT IT DON’T DO NO gOOD. AND THERE’s bEEN a LOT Of sIckNEss aROUND. SO wE THO’T yOU’D bETTER LOOk HER OVER aND TELL Us wHaT Is THE ¸aTTER. As DOcTORs OſtEN DO º TOOk a TRIaL sHOT aT IT as a pOINT Of DEpaRTURE. Áas sHE HaD a sORE THROaT?
WILLIa¸ CaRLOs WILLIa¸s, “°E ·sE Of FORcE,” fRO¸ °e Collected Stories of William Carlos
Williams , by WILLIa¸ CaRLOs WILLIa¸s. © 1938 by WILLIa¸ CaRLOs WILLIa¸s. ³EpRINTED by pER¸IssION Of µEw ¶IREcTIONs PUbLIsHINg CORp.
BOTH paRENTs aNswERED ¸E TOgETHER, µO . . . µO, sHE says HER THROaT DON’T HURT HER.
33
ÁaVE yOU LOOkED? º TRIED TO, saID THE ¸OTHER, bUT º cOULDN’T sEE. As IT HappENs wE HaD bEEN HaVINg a NU¸bER Of casEs Of DIpHTHERIa IN THE scHOOL TO wHIcH THIs cHILD wENT DURINg THaT ¸ONTH aND wE wERE aLL, qUITE appaRENTLy, THINkINg Of THaT, THOUgH NO ONE HaD as yET spOkEN Of THE THINg. WELL, º saID, sUppOsE wE TakE a LOOk aT THE THROaT fiRsT. º s¸ILED IN ¸y bEsT pROfEssIONaL ¸aNNER aND askINg fOR THE cHILD’s fiRsT Na¸E º saID, cO¸E ON, MaTHILDa, OpEN yOUR ¸OUTH aND LET’s TakE a LOOk aT yOUR THROaT. µOTHINg DOINg. Aw, cO¸E ON, º cOaxED, jUsT OpEN yOUR ¸OUTH wIDE aND LET ¸E TakE a LOOk. ²OOk, º saID OpENINg bOTH HaNDs wIDE, º HaVEN’T aNyTHINg IN ¸y HaNDs. JUsT OpEN Up aND LET ¸E sEE. SUcH a NIcE ¸aN, pUT IN THE ¸OTHER. ²OOk HOw kIND HE Is TO yOU. CO¸E ON, DO wHaT HE TELLs yOU TO. ÁE wON’T HURT yOU. AT THaT º gROUND ¸y TEETH IN DIsgUsT. ºf ONLy THEy wOULDN’T UsE THE wORD “HURT” º ¸IgHT bE abLE TO gET sO¸EwHERE. BUT º DID NOT aLLOw ¸ysELf TO bE HURRIED OR DIsTURbED bUT spEakINg qUIETLy aND sLOwLy º appROacHED THE cHILD agaIN. As º ¸OVED ¸y cHaIR a LITTLE NEaRER sUDDENLy wITH ONE caTLIkE ¸OVE¸ENT bOTH HER HaNDs cLawED INsTINcTIVELy fOR ¸y EyEs aND sHE aL¸OsT REacHED THE¸ TOO. ºN facT sHE kNOckED ¸y gLassEs flyINg aND THEy fELL, THOUgH UNbROkEN, sEVERaL fEET away fRO¸ ¸E ON THE kITcHEN flOOR. BOTH THE ¸OTHER aND faTHER aL¸OsT TURNED THE¸sELVEs INsIDE OUT IN E¸baRRass¸ENT aND apOLOgy. YOU baD gIRL, saID THE ¸OTHER, TakINg HER aND sHakINg HER by ONE aR¸. ²OOk wHaT yOU’VE DONE. °E NIcE ¸aN . . . FOR HEaVEN’s sakE, º bROkE IN. ¶ON’T caLL ¸E a NIcE ¸aN TO HER. º’¸ HERE TO LOOk aT HER THROaT ON THE cHaNcE THaT sHE ¸IgHT HaVE DIpHTHERIa aND pOssIbLy DIE Of IT. BUT THaT’s NOTHINg TO HER. ²OOk HERE, º saID TO THE cHILD, wE’RE gOINg TO LOOk aT yOUR THROaT. YOU’RE OLD ENOUgH TO UNDERsTaND wHaT º’¸ sayINg. WILL yOU OpEN IT NOw by yOURsELf OR sHaLL wE HaVE TO OpEN IT fOR yOU? µOT a ¸OVE. ´VEN HER ExpREssION HaDN’T cHaNgED. ÁER bREaTHs HOwEVER wERE cO¸INg fasTER aND fasTER. °EN THE baTTLE bEgaN. º HaD TO DO IT. º HaD TO HaVE a THROaT cULTURE fOR HER OwN pROTEcTION. BUT fiRsT º TOLD THE paRENTs THaT IT was ENTIRELy Up TO THE¸. º ExpLaINED THE DaNgER bUT saID THaT º wOULD NOT INsIsT ON a THROaT Exa¸INaTION sO LONg as THEy wOULD TakE THE REspONsIbILITy.
e c r o F f o e s U e h T
¶OEs yOUR THROaT HURT yOU? aDDED THE ¸OTHER TO THE cHILD. BUT THE LITTLE gIRL’s ExpREssION DIDN’T cHaNgE NOR DID sHE ¸OVE HER EyEs fRO¸ ¸y facE.
ºf yOU DON’T DO wHaT THE DOcTOR says yOU’LL HaVE TO gO TO THE HOspITaL, THE
34
¸OTHER aD¸ONIsHED HER sEVERELy. ±H yEaH? º HaD TO s¸ILE TO ¸ysELf. AſtER aLL, º HaD aLREaDy faLLEN IN LOVE wITH
s m a i l l i W s o l r a C m a i l l i W
THE saVagE bRaT, THE paRENTs wERE cONTE¸pTIbLE TO ¸E. ºN THE ENsUINg sTRUggLE THEy gREw ¸ORE aND ¸ORE abjEcT, cRUsHED, ExHaUsTED wHILE sHE sURELy ROsE TO ¸agNIficENT HEIgHTs Of INsaNE fURy Of EffORT bRED Of HER TERROR Of ¸E. °E faTHER TRIED HIs bEsT, aND HE was a bIg ¸aN bUT THE facT THaT sHE was HIs DaUgHTER, HIs sHa¸E aT HER bEHaVIOR aND HIs DREaD Of HURTINg HER ¸aDE HI¸ RELEasE HER jUsT aT THE cRITIcaL ¸O¸ENT sEVERaL TI¸Es wHEN º HaD aL¸OsT acHIEVED sUccEss, TILL º waNTED TO kILL HI¸. BUT HIs DREaD aLsO THaT sHE ¸IgHT HaVE DIpHTHERIa ¸aDE HI¸ TELL ¸E TO gO ON, gO ON THOUgH HE HI¸sELf was aL¸OsT faINTINg, wHILE THE ¸OTHER ¸OVED back aND fORTH bEHIND Us RaIsINg aND LOwERINg HER HaNDs IN aN agONy Of appREHENsION. PUT HER IN fRONT Of yOU ON yOUR Lap, º ORDERED, aND HOLD bOTH HER wRIsTs. BUT as sOON as HE DID THE cHILD LET OUT a scREa¸. ¶ON’T, yOU’RE HURTINg ¸E. ²ET gO Of ¸y HaNDs. ²ET THE¸ gO º TELL yOU. °EN sHE sHRIEkED TERRIfyINgLy, HysTERIcaLLy. STOp IT! STOp IT! YOU’RE kILLINg ¸E! ¶O yOU THINk sHE caN sTaND IT, DOcTOR! saID THE ¸OTHER. YOU gET OUT, saID THE HUsbaND TO HIs wIfE. ¶O yOU waNT HER TO DIE Of DIpHTHERIa? CO¸E ON NOw, HOLD HER, º saID. °EN º gRaspED THE cHILD’s HEaD wITH ¸y LEſt HaND aND TRIED TO gET THE wOODEN TONgUE DEpREssOR bETwEEN HER TEETH. SHE fOUgHT, wITH cLENcHED TEETH, DEspERaTELy! BUT NOw º aLsO HaD gROwN fURIOUs—aT a cHILD. º TRIED TO HOLD ¸ysELf DOwN bUT º cOULDN’T. º kNOw HOw TO ExpOsE a THROaT fOR INspEcTION. AND º DID ¸y bEsT. WHEN fiNaLLy º gOT THE wOODEN spaTULa bEHIND THE LasT TEETH aND jUsT THE pOINT Of IT INTO THE ¸OUTH caVITy, sHE OpENED Up fOR aN INsTaNT bUT bEfORE º cOULD sEE aNyTHINg sHE ca¸E DOwN agaIN aND gRIppINg THE wOODEN bLaDE bETwEEN HER ¸OLaRs sHE REDUcED IT TO spLINTERs bEfORE º cOULD gET IT OUT agaIN. AREN’T yOU asHa¸ED, THE ¸OTHER yELLED aT HER. AREN’T yOU asHa¸ED TO acT LIkE THaT IN fRONT Of THE DOcTOR? GET ¸E a s¸OOTH-HaNDLED spOON Of sO¸E sORT, º TOLD THE ¸OTHER. WE’RE gOINg THROUgH wITH THIs. °E cHILD’s ¸OUTH was aLREaDy bLEEDINg. ÁER TONgUE was cUT aND sHE was scREa¸INg IN wILD HysTERIcaL sHRIEks. PERHaps º sHOULD HaVE DEsIsTED aND cO¸E back IN aN HOUR OR ¸ORE. µO DOUbT IT wOULD HaVE bEEN bETTER. BUT º HaVE sEEN aT LEasT TwO cHILDREN LyINg DEaD IN bED Of NEgLEcT IN sUcH casEs, aND fEELINg THaT º ¸UsT gET a DIagNOsIs NOw OR NEVER º wENT aT IT agaIN. BUT THE wORsT Of IT was THaT º TOO HaD gOT bEyOND REasON. º cOULD HaVE
TORN THE cHILD apaRT IN ¸y OwN fURy aND ENjOyED IT. ºT was a pLEasURE TO aTTack HER. My facE was bURNINg wITH IT.
35
NEcEssITy. AND aLL THEsE THINgs aRE TRUE. BUT a bLIND fURy, a fEELINg Of aDULT sHa¸E, bRED Of a LONgINg fOR ¸UscULaR RELEasE aRE THE OpERaTIVEs. ±NE gOEs ON TO THE END. ºN a fiNaL UNREasONINg assaULT º OVERpOwERED THE cHILD’s NEck aND jaws. º fORcED THE HEaVy sILVER spOON back Of HER TEETH aND DOwN HER THROaT TILL sHE gaggED. AND THERE IT was—bOTH TONsILs cOVERED wITH ¸E¸bRaNE. SHE HaD fOUgHT VaLIaNTLy TO kEEp ¸E fRO¸ kNOwINg HER sEcRET. SHE HaD bEEN HIDINg THaT sORE THROaT fOR THREE Days aT LEasT aND LyINg TO HER paRENTs IN ORDER TO EscapE jUsT sUcH aN OUTcO¸E as THIs. µOw TRULy sHE was fURIOUs. SHE HaD bEEN ON THE DEfENsIVE bEfORE bUT NOw sHE aTTackED. ¹RIED TO gET Off HER faTHER’s Lap aND fly aT ¸E wHILE TEaRs Of DEfEaT bLINDED HER EyEs.
e c r o F f o e s U e h T
°E Da¸NED LITTLE bRaT ¸UsT bE pROTEcTED agaINsT HER OwN IDIOcy, ONE says TO ONE’s sELf aT sUcH TI¸Es. ±THERs ¸UsT bE pROTEcTED agaINsT HER. ºT Is sOcIaL
SundAy D±Alogue CONV±RSATIONS b±Tw±±N ¸OcTOR ANd ³ATI±NT Rebecca Dresser
The Letter to the editor: °E OLD Days Of ¸EDIcaL paTERNaLIs¸ aRE gONE. ¹ODay wE HaVE sHaRED DEcIsION ¸akINg, IN wHIcH DOcTORs DEscRIbE TREaT¸ENT OpTIONs aND paTIENTs cHOOsE THE ONE THEy pREfER. ºT sOUNDs sI¸pLE, bUT IT’s NOT. º LEaRNED THIs wHEN º HaD TO DEcIDE wHETHER TO HaVE a fEEDINg TUbE DURINg caNcER TREaT¸ENT. ¶OcTORs ExpLaINED THE TUbE’s bENEfiTs aND RIsks, THEN LEſt IT TO ¸E TO DEcIDE. º saID NO. º HaD ¸y REasONs—º DIDN’T waNT a fOREIgN ObjEcT IN ¸y bODy OR aN OVERNIgHT sTay IN THE HOspITaL. º waNTED TO pROVE THaT º was TOUgH ENOUgH TO gET THROUgH TREaT¸ENT wITHOUT ExTRa HELp. BUT THIs was a baD DEcIsION. As TI¸E passED, º bEca¸E TOO wEak TO cONTINUE DaILy RaDIaTION sEssIONs. PEOpLE kEpT TRyINg TO gET ¸E TO cHaNgE ¸y ¸IND, aND fiNaLLy a NURsE sUccEEDED. CONsENTINg TO THE TUbE was THE RIgHT THINg TO DO, bUT IT TOOk a LOT Of pERsUasION fOR ¸E TO accEpT THaT. ARgU¸ENT Is a LEgITI¸aTE paRT Of sHaRED DEcIsION ¸akINg, bUT NOT EVERyONE UNDERsTaNDs THIs. SO¸E cLINIcIaNs THINk THaT REspEcT fOR aUTONO¸y ¸EaNs THEy sHOULD NEVER DIsagREE wITH a paTIENT. SO¸E THINk THaT IT wOULD bE cRUEL TO qUEsTION wHaT a sERIOUsLy ILL pERsON says sHE waNTs. SO¸E DON’T waNT TO DEVOTE TI¸E TO THE HaRD cONVERsaTIONs THaT pRODUcE gOOD DEcIsIONs. PaTIENTs aVOID aRgU¸ENTs, TOO. MaNy aRE TOO INTI¸IDaTED TO TakE IssUE wITH aNyTHINg a DOcTOR says. BUT DOcTORs aREN’T aLways RIgHT, aND paTIENTs wHO aRE
³EbEcca ¶REssER, “SUNDay ¶IaLOgUE: CONVERsaTIONs bETwEEN ¶OcTOR aND PaTIENT” (²ETTER TO THE ´DITOR), fRO¸ New York Times , AUgUsT 25, 2012. ³EpRINTED by pER¸IssION Of THE aUTHOR.
afRaID TO aRgUE caN pay THE pRIcE. A fRIEND HaD HIs caNcER pROpERLy DIagNOsED ONLy aſtER HE cHaLLENgED HIs DOcTORs’ OpINIONs abOUT wHaT was wRONg.
37
aND DOcTORs sHOULD DO THE sa¸E fOR ONE aNOTHER.
Rebecca Dresser ¼t. loui¼, ¾uÇ. 21, 2012
°E wRITER Is a pROfEssOR Of Law aND ¸EDIcaL HU¸aNITIEs aT WasHINgTON ·NIVERsITy aND THE EDITOR Of Malignant: Medical Ethicists Confront Cancer.
Readers React Ms. ¶REssER aDVOcaTEs HaVINg paTIENTs TakE a ¸ORE acTIVE ROLE IN qUEsTIONINg aND aRgUINg wITH pHysIcIaNs TO HELp THE paTIENTs THINk THROUgH THE cONsEqUENcEs Of THEIR cHOIcEs. AN aLTERNaTIVE bUT ¸ORE aTTRacTIVE appROacH wOULD bE TO sHIſt ¸ORE REspONsIbILITy back ON THE pHysIcIaN, wHO Is bETTER EqUIppED TO ¸aNagE ¸EDIcaL DEcIsION ¸akINg THaN DIsTRaUgHT aND LEss kNOwLEDgEabLE paTIENTs. °Is caN bE DONE wITHOUT paTERNaLIs¸. SOcIETy accEpTs ExpERT OpINION. WE aLLOw OUR LawyERs, accOUNTaNTs, DEcORaTORs, aND pLU¸bERs TO TELL Us wHaT TO DO basED ON ExpERTIsE THaT THEy HaVE, aND THaT wE DO NOT. WHy sHOULDN’T THIs bE TRUE fOR pHysIcIaNs? ±N cONTROVERsIaL IssUEs, sUcH as TREaT¸ENTs fOR bREasT OR pROsTaTE caNcER, THE pHysIcIaN sHOULD INfOR¸ THE paTIENT Of THE VaRIOUs OpTIONs aND pROVIDE paTIENT- spEcIfic ExpERT OpINION. CO¸pLETE NEUTRaLITy DOEsN’T wORk, as paTIENTs wILL wIND Up askINg DOcTORs wHaT THEy wOULD DO If THEIR RELaTIVE HaD THE cONDITION. WHEN THE cHOIcE Is NOT cLEaR bEcaUsE Of cONflIcTINg ¸EDIcaL EVIDENcE OR a Lack Of IT, THE DOcTOR caN bE HELpfUL by pROVIDINg THE paTIENT wITH wELL-wRITTEN, EasILy UNDERsTaNDabLE DIscUssIONs Of THE IssUE, LEaVINg THE cHOIcE Up TO THE paTIENT.
Edward R. Burns eXe»utive de¾n ¾l½ert ein¼tein »olleÇe oÀ medi»ine ½ronX, ¾uÇ. 22, 2012
º a¸ a sEcOND-yEaR ¸EDIcaL sTUDENT aND a CROHN’s DIsEasE paTIENT. BEfORE sTaRTINg ¸EDIcaL scHOOL º aLways jUsT assU¸ED THaT ¸y DOcTORs kNEw
e u g o l a i D yadnuS
ºN EVERyDay LIfE, aRgU¸ENTs wITH fa¸ILy aND fRIENDs HELp Us THINk THROUgH THE cONsEqUENcEs Of OUR cHOIcEs aND sO¸ETI¸Es cHaNgE OUR ¸INDs. PaTIENTs
wHaT was bEsT fOR ¸E. º’VE cO¸E TO REaLIzE THaT THE ¸EDIcaL pROfEssION
38
Is faLLIbLE. CROHN’s IN a paTHOLOgy TExTbOOk Is NOT THE sa¸E as THE CROHN’s º’VE sEEN
resserD accebeR
IN cLINIc OfficEs, aND IT’s aLsO NOT THE sa¸E as wHaT º’VE ExpERIENcED ¸ysELf. WHILE wE’RE TaUgHT TO REcOgNIzE THaT EVERy paTIENT Is UNIqUE, wHaT wE LEaRN Is LaRgELy basED ON sTUDIEs Of LaRgE pOpULaTIONs aND DaTa fRO¸ THE LabORaTORy. ¹O bE E¸pOwERED as a paTIENT, yOU REaLLy NEED TO ExpREss wHaT yOUR spEcIfic NEEDs aRE. ¶OcTORs caN gIVE THEIR INfOR¸ED OpINION aND ¸IgHT bE LEgaLLy aND ETHIcaLLy HELD REspONsIbLE fOR yOUR sTaNDaRD Of caRE, bUT ULTI¸aTELy IT Is yOUR OwN HEaLTH aND wELL-bEINg.
R. Jacobowitz v¾lh¾ll¾, nÈ, ¾uÇ. 22, 2012
º DIffER wITH bOTH THE DIagNOsIs aND THE cURE. °E Days Of ¸EDIcaL paTERNaLIs¸ aRE faR fRO¸ OVER, aND aRgU¸ENT wORks ONLy wHEN bOTH sIDEs aRE EqUaLLy EqUIppED. BUT IN THE wORLD Of ¸EDIcINE, paTIENTs aRE a¸aTEURs wHO ¸UsT NEgOTIaTE a scaRy fOREIgN TERRaIN. SO IT’s NO wONDER THaT wE LaTcH ONTO paRENTaL figUREs, fOLLOw bLINDLy wHaTEVER THEy say, aND THEN LEaRN, TOO LaTE, THaT THERE wERE a LOT Of qUEsTIONs wE sHOULD HaVE askED. As a ¸aLpRacTIcE aTTORNEy, º OſtEN ¸EET paTIENTs wHO wIsH THaT THEy HaD askED ¸ORE qUEsTIONs aND ENgagED IN a DEEpER cONVERsaTION bEfORE agREEINg TO THE pROpOsED TREaT¸ENT. ARgU¸ENT, THOUgH, Is THE wRONg appROacH. AN aDULT cONVERsaTION Is NEEDED. JUsT fOR sTaRTERs: ±N THE pROVIDER sIDE: “ÁERE aRE THE kEy facTs: THE pROs, THE cONs, THE OpTIONs, THE UNkNOwNs (aLways pLENTIfUL), ¸y OwN bIasEs.” ±N THE paTIENT sIDE: “ÁERE’s wHaT scaREs ¸E, aND HERE’s wHaT ¸y bODy Is TELLINg ¸E THaT º’¸ NOT sURE yOU’VE appREcIaTED.”
Patrick Malone ɾ¼hinÇton, ¾uÇ. 22, 2012
°E wRITER Is THE aUTHOR Of °e Life You Save: Nine Steps to Finding the Best Medical
Care—and Avoiding the Worst.
±NE Of THE ¸OsT DIfficULT cHaLLENgEs THaT pHysIcIaNs facE Is aLLOwINg paTIENTs TO ¸akE wHaT appEaR TO bE UNwIsE DEcIsIONs—EVEN DEcIsIONs THaT ¸ay LEaD TO INcREasED sUffERINg OR pRE¸aTURE DEaTH. °E REasON wE DO THIs Is bEcaUsE
wE REcOgNIzE THaT THE paTIENT Is ULTI¸aTELy THE bEsT jUDgE Of HER OwN pERsONaL
39
VaLUEs aND gOaLs.
DO If º fOUND ¸ysELf sTaNDINg IN THEIR sHOEs OR If THEy wERE ¸y OwN RELaTIVE. AT THE sa¸E TI¸E, IT Is ExTRE¸ELy I¸pORTaNT TO kEEp IN ¸IND THE HIgHLy UNEqUaL pOwER DyNa¸Ic THaT ExIsTs bETwEEN pHysIcIaNs aND THEIR paTIENTs. MaNy paTIENTs aRE EasILy INflUENcED by THE ExpERTIsE Of DOcTORs aND fEaR THaT REjEcTINg THEIR pHysIcIaN’s aDVIcE wILL LEaD TO LOwER-qUaLITy caRE. SO wHILE gENTLE pERsUasION ¸ay aT TI¸Es bE appROpRIaTE, THE ROLE Of THE cLINIcIaN ¸UsT bE pRINcIpaLLy TO INfOR¸ RaTHER THaN TO INflUENcE. °ERE Is a wORLD Of DIffERENcE bETwEEN HELpINg THE paTIENT figURE OUT wHaT sHE waNTs TO DO aND pERsUaDINg THE paTIENT TO DO wHaT yOU waNT HER TO DO.
Jacob M. Appel neÉ ÈorÊ, ¾uÇ. 22, 2012
°E wRITER Is a psycHIaTRIsT aND ¸EDIcaL ETHIcIsT aT MOUNT SINaI ÁOspITaL.
°E DOcTOR-paTIENT DIaLOgUE Is THE kEy TO sUccEss. ARgU¸ENTs OVER bEsT ¸EDIcaL pRacTIcEs ¸ay NOT bE as sI¸pLE as Ms. ¶REssER DEscRIbEs, pRI¸aRILy bEcaUsE ONLy ONE paRTy IN THE aRgU¸ENT (THE DOcTOR) Has aT LEasT a DEcaDE Of ¸EDIcaL EDUcaTION. BUT THE OTHER paRTy (THE paTIENT) caN LEVEL THE pLayINg fiELD by bETTER aRTIcULaTINg THE gOaLs Of TREaT¸ENT. “WILL THIs ¸akE ¸E fEEL bETTER?” Is aN I¸pORTaNT qUEsTION, bUT “WILL THIs aLLOw ¸E TO agaIN bE THE pERsON º waNT TO bE?” Is a bETTER qUEsTION wHEN facINg a TREaT¸ENT DEcIsION. °E DIaLOgUE THaT wILL ENsUE, abOUT LIfEsTyLE, HObbIEs, INTEREsTs, aND THE REasONs fOR NEEDINg TO gET HEaLTHIER, wILL yIELD bETTER HEaLTH OUTcO¸Es, HappIER paTIENTs aND ¸ORE sUccEssfUL DOcTORs.
Seth Ginsberg u¿¿er nȾ»Ê, nÈ, ¾uÇ. 22, 2012
°E wRITER Is pREsIDENT Of THE GLObaL ÁEaLTHy ²IVINg FOUNDaTION, a paTIENT aDVOcacy ORgaNIzaTION.
°E sTaTUs Of THE pHysIcIaN Has sHIſtED fRO¸ REVERED ExpERT TO HIRED cONsULTaNT. PHysIcIaNs aRE NO LONgER LOOkED UpON as THE fiNaL wORD IN ¸EDIcaL DEcIsIONs. °E REasONs fOR THIs cHaNgE aRE TwOfOLD.
e u g o l a i D yadnuS
°aT DOEs NOT ¸EaN THaT DOcTORs sHOULD REfUsE TO OffER REcO¸¸ENDaTIONs OR pERsONaL pERspEcTIVEs TO paTIENTs. ºf askED, º aLways TELL ¸y paTIENTs wHaT º wOULD
FIRsT, paTIENTs HaVE EasILy aVaILabLE INfOR¸aTION fRO¸ THE ºNTERNET, aND
40
cONsEqUENTLy THEy aRE ¸UcH bETTER INfOR¸ED abOUT THEIR HEaLTH THaN THEy wERE 30 yEaRs agO. SEcOND, ¸EDIcINE Has bEcO¸E a cO¸¸ODITy sUbjEcT TO
resserD accebeR
bEINg pRIcED aND REgULaTED LIkE aNy OTHER cO¸¸ODITy. °E paTIENT, as THE cONsU¸ER Of HEaLTH caRE, acTs LIkE THE cONsU¸ER Of aNy pRODUcT aND cHOOsEs basED ON aVaILabILITy, pRIcE, INsURaNcE cOVERagE, REcO¸¸ENDaTIONs, aND REpUTaTION. WHETHER THIs sHIſt pROVEs aDVaNTagEOUs fOR THE HEaLTH Of OUR paTIENTs, ONLy TI¸E wILL TELL.
Paul W. Adams Christina Frohock oXÀord, Àl, ¾uÇ. 22, 2012
¶R. ADa¸s Is a RaDIaTION ONcOLOgIsT. Ms. FROHOck Is a LEcTURER aT THE ·NIVERsITy Of MIa¸I ScHOOL Of ²aw.
YEs, ¸EDIcaL paTERNaLIs¸ Has bEEN REpLacED by sHaRED DEcIsION-¸akINg, aND paTIENTs aRE UsUaLLy askED TO cHOOsE a¸ONg OpTIONs pREsENTED by THEIR pHysIcIaNs. AND yEs, sO¸E cLINIcIaNs aRE sO INflUENcED by THE cONcEpT Of paTIENT aUTONO¸y THaT THEy HEsITaTE TO pREss THEIR OwN jUDg¸ENT aND wILL aLLOw paTIENTs TO DETER¸INE EVERy DEcIsION wITHOUT cHaLLENgE. ¹OO OſtEN, HOwEVER, THE REVERsE Is TRUE. µOTwITHsTaNDINg THE DEcLINE Of ¸EDIcaL paTERNaLIs¸, sO¸E paTIENTs sTILL TEND TO DEfER TO ¸EDIcaL OpINION aND accEpT TREaT¸ENTs THaT THEy wOULD pREfER TO aVOID. ºN sUcH INsTaNcEs, IT ¸ay bE HELpfUL TO UsE THE aNaLOgy Of cIVILIaN aUTHORITy OVER THE ¸ILITaRy. ±NcE THE gENERaLs HaVE pROpOsED THEIR sTRaTEgIc pLaNs, IT Is cIVILIaN gOVERN¸ENT THaT ¸UsT wEIgH THE fiNaL ObjEcTIVEs aND DEcIDE ON THE ULTI¸aTE sTRaTEgy (THINk ¶OUgLas MacARTHUR aND ÁaRRy S. ¹RU¸aN). ºN ¸EDIcaL DEcIsION ¸akINg, THE paTIENT sHOULD sEE HERsELf as THE ULTI¸aTE aUTHORITy—payINg cLOsE aTTENTION TO pROfEssIONaL aDVIcE bUT HaVINg THE sELf-cONfiDENcE TO ExERcIsE HER aUTHORITy aND say yEs OR NO. SUcH a cONcEpT wILL ¸akE IT EasIER fOR paTIENTs TO ENTER INTO a cONsTRUcTIVE DIaLOgUE wITH THEIR pHysIcIaNs.
Peter Rogatz ¿ort ɾ¼hinÇton, nÈ, ¾uÇ. 22, 2012
°E wRITER, a DOcTOR, Is VIcE pREsIDENT Of CO¸passION aND CHOIcEs Of µEw YORk, wHIcH OffERs cOUNsELINg ON END-Of-LIfE cHOIcEs.
The Writer Responds 41 THINg TO LEaRN fRO¸ THE OTHER. ¶OcTORs kNOw ¸EDIcINE, aND ExpERIENcED DOcTORs kNOw HOw pREVIOUs paTIENTs REspONDED TO DIffERENT TREaT¸ENT appROacHEs. PaTIENTs kNOw THEIR bODIEs, THEIR HIsTORIEs, aND wHaT Is ¸OsT I¸pORTaNT TO THE¸ as INDIVIDUaLs. ´xpERIENcED paTIENTs LIkE Ms. JacObOwITz aLsO kNOw wHaT sTRaTEgIEs aRE ¸ORE OR LEss LIkELy TO wORk fOR THE¸. ºT TakEs TI¸E, IN-DEpTH cONVERsaTION aND—sO¸ETI¸Es—aRgU¸ENT fOR THE NEcEssaRy LEaRNINg TO OccUR. By aRgU¸ENT, º ¸EaN THE ExpREssION Of DIffERENT VIEws. ARgU¸ENT INVOLVEs gIVINg REasONs fOR ONE’s pOsITION aND THEN HEaRINg wHaT OTHERs THINk abOUT THOsE REasONs. As ¶R. AppEL pOINTs OUT, paTIENTs HaVE THE fREEDO¸ TO ¸akE UNwIsE DEcIsIONs. BUT bEfORE pUTTINg THOsE DEcIsIONs INTO EffEcT, DOcTORs sHOULD ask paTIENTs TO ExpLaIN THEIR cHOIcEs. As º LEaRNED, UNwIsE DEcIsIONs sO¸ETI¸Es REsT ON ¸IsUNDERsTaNDINg OR sHORTsIgHTEDNEss. º wOULDN’T HaVE LEaRNED THIs If ¸y DOcTORs, NURsEs, aND fa¸ILy HaDN’T OpENLy aND pERsIsTENTLy qUEsTIONED ¸y TREaT¸ENT REfUsaL. °ERE aRE aLsO TI¸Es wHEN paTIENTs sHOULD cHaLLENgE DOcTORs. º wIsH º HaD cHaLLENgED THE DOcTOR wHO DIs¸IssED ¸y sy¸pTO¸s aND DELayED ¸y caNcER DIagNOsIs. As sEVERaL LETTER wRITERs ObsERVE, RELaTIVELy fEw paTIENTs aRE cONfiDENT ENOUgH TO DO THIs. BUT wHaT MR. GINsbERg caLLs “DOcTOR-paTIENT DIaLOgUE” aND wHaT MR. MaLONE caLLs “aDULT cONVERsaTION” OſtEN INVOLVE THE gIVE-aND-TakE THaT cHaRacTERIzEs cONsTRUcTIVE aRgU¸ENT. µONE Of THIs Is Easy. PaTIENTs aRE facINg sO¸E Of THE ¸OsT DIfficULT DEcIsIONs THEy wILL EVER ¸akE. ¶OcTORs aRE facINg fRIgHTENED pEOpLE wHO NEED LOTs Of sUppORT, bUT aLsO cONTROL OVER THEIR ¸EDIcaL caRE. AcTIVE ENgagE¸ENT, NOT passIVITy, Is THE bEsT way TO pROcEED IN THEsE UNwELcO¸E, UNsETTLINg cIRcU¸sTaNcEs.
Rebecca Dresser ¼t. loui¼, ¾uÇ. 23, 2012
e u g o l a i D yadnuS
WHEN paTIENTs aND DOcTORs DIscUss TREaT¸ENT aLTERNaTIVEs, EacH Has sO¸E-
WhAT The DocToR SA±d Raymond Carver
ÁE saID IT DOEsN’T LOOk gOOD HE saID IT LOOks baD IN facT REaL baD HE saID º cOUNTED THIRTy-TwO Of THE¸ ON ONE LUNg bEfORE º qUIT cOUNTINg THE¸ º saID º’¸ gLaD º wOULDN’T waNT TO kNOw abOUT aNy ¸ORE bEINg THERE THaN THaT HE saID aRE yOU a RELIgIOUs ¸aN DO yOU kNEEL DOwN IN fOREsT gROVEs aND LET yOURsELf ask fOR HELp wHEN yOU cO¸E TO a waTERfaLL ¸IsT bLOwINg agaINsT yOUR facE aND aR¸s DO yOU sTOp aND ask fOR UNDERsTaNDINg aT THOsE ¸O¸ENTs º saID NOT yET bUT º INTEND TO sTaRT TODay HE saID º’¸ REaL sORRy HE saID º wIsH º HaD sO¸E OTHER kIND Of NEws TO gIVE yOU º saID A¸EN aND HE saID sO¸ETHINg ELsE º DIDN’T caTcH aND NOT kNOwINg wHaT ELsE TO DO aND NOT waNTINg HI¸ TO HaVE TO REpEaT IT aND ¸E TO HaVE TO fULLy DIgEsT IT º jUsT LOOkED aT HI¸ fOR a ¸INUTE aND HE LOOkED back IT was THEN º jU¸pED Up aND sHOOk HaNDs wITH THIs ¸aN wHO’D jUsT gIVEN ¸E sO¸ETHINg NO ONE ELsE ON EaRTH HaD EVER gIVEN ¸E º ¸ay EVEN HaVE THaNkED HI¸ HabIT bEINg sO sTRONg
³ay¸OND CaRVER, “WHaT THE ¶OcTOR SaID,” fRO¸ A New Path to the Waterfall, by ³ay¸OND CaRVER. © 1989 by THE ´sTaTE Of ³ay¸OND CaRVER. ·sED by pER¸IssION Of GROVE/ATLaNTIc, ºNc. ANy THIRD-paRTy UsE Of THIs ¸aTERIaL, OUTsIDE Of THIs pUbLIcaTION, Is pROHIbITED. ALsO fRO¸ All of
Us: °e Collected Poems, by ³ay¸OND CaRVER. PUbLIsHED by ÁaRVILL PREss. ³EpRINTED by pER¸IssION Of °E ³aNDO¸ ÁOUsE GROUp ²I¸ITED. © 1996.
pRoFeSSionaliSM and The culTuRe oF Medicine
II
This page intentionally left blank
´he LeARn±ng CuRVe Atul Gawande
°E paTIENT NEEDED a cENTRaL LINE. “ÁERE’s yOUR cHaNcE,” S., THE cHIEf REsIDENT, saID. º HaD NEVER DONE ONE bEfORE. “GET sET Up aND THEN pagE ¸E wHEN yOU’RE REaDy TO sTaRT.” ºT was ¸y fOURTH wEEk IN sURgIcaL TRaININg. °E pOckETs Of ¸y sHORT wHITE cOaT bULgED wITH paTIENT pRINTOUTs, La¸INaTED caRDs wITH INsTRUcTIONs fOR DOINg »¿r aND REaDINg eÊÇs aND UsINg THE DIcTaTION sysTE¸, TwO sURgIcaL HaNDbOOks, a sTETHOscOpE, wOUND-DREssINg sUppLIEs, ¸EaL TIckETs, a pENLIgHT, scIssORs, aND abOUT a DOLLaR IN LOOsE cHaNgE. As º HEaDED Up THE sTaIRs TO THE paTIENT’s flOOR, º RaTTLED. °Is wILL bE gOOD, º TRIED TO TELL ¸ysELf: ¸y fiRsT REaL pROcEDURE. °E paTIENT—fiſtyIsH, sTOUT, TacITURN—was REcOVERINg fRO¸ abDO¸INaL sURgERy HE’D HaD abOUT a wEEk EaRLIER. ÁIs bOwEL fUNcTION HaDN’T yET RETURNED, aND HE was UNabLE TO EaT. º ExpLaINED TO HI¸ THaT HE NEEDED INTRaVENOUs NUTRITION aND THaT THIs REqUIRED a “spEcIaL LINE” THaT wOULD gO INTO HIs cHEsT. º saID THaT º wOULD pUT THE LINE IN HI¸ wHILE HE was IN HIs bED, aND THaT IT wOULD INVOLVE ¸y NU¸bINg a spOT ON HIs cHEsT wITH a LOcaL aNEsTHETIc, aND THEN THREaDINg THE LINE IN. º DID NOT say THaT THE LINE was EIgHT INcHEs LONg aND wOULD gO INTO HIs VENa caVa, THE ¸aIN bLOOD VEssEL TO HIs HEaRT. µOR DID º say HOw TRIcky THE pROcEDURE cOULD bE. °ERE wERE “sLIgHT RIsks” INVOLVED, º saID, sUcH as bLEEDINg aND LUNg cOLLapsE; IN ExpERIENcED HaNDs, cO¸pLIcaTIONs Of THIs sORT OccUR IN fEwER THaN ONE casE IN a HUNDRED. BUT, Of cOURsE, ¸INE wERE NOT ExpERIENcED HaNDs. AND THE DIsasTERs º kNEw abOUT wEIgHED ON ¸y ¸IND: THE wO¸aN wHO HaD DIED wITHIN ¸INUTEs fRO¸ ¸assIVE bLEEDINg wHEN a REsIDENT LacERaTED HER VENa caVa; THE ¸aN wHOsE cHEsT HaD TO bE OpENED bEcaUsE a REsIDENT LOsT HOLD Of a wIRE INsIDE THE LINE, wHIcH THEN flOaTED DOwN TO THE paTIENT’s HEaRT; THE ¸aN wHO HaD a caRDIac aRREsT wHEN THE pROcEDURE pUT HI¸ INTO VENTRIcULaR fibRILLaTION. º saID
ATUL GawaNDE, “°E ²EaRNINg CURVE,” fRO¸ THE New Yorker , JaNUaRy 28, 2002, 52–61. © 2002 by CONDé µasT PUbLIcaTIONs. ³EpRINTED by pER¸IssION Of THE aUTHOR.
NOTHINg Of sUcH THINgs, NaTURaLLy, wHEN º askED THE paTIENT’s pER¸IssION TO
46
DO HIs LINE. ÁE saID, “±K.” º HaD sEEN S. DO TwO cENTRaL LINEs; ONE was THE Day bEfORE, aND º’D aTTENDED
ednawaG l u t A
TO EVERy sTEp. º waTcHED HOw sHE sET OUT HER INsTRU¸ENTs aND LaID HER paTIENT DOwN aND pUT a ROLLED TOwEL bETwEEN HIs sHOULDER bLaDEs TO ¸akE HIs cHEsT aRcH OUT. º waTcHED HOw sHE swabbED HIs cHEsT wITH aNTIsEpTIc, INjEcTED LIDOcaINE, wHIcH Is a LOcaL aNEsTHETIc, aND THEN, IN fULL sTERILE gaRb, pUNcTURED HIs cHEsT NEaR HIs cLaVIcLE wITH a faT THREE-INcH NEEDLE ON a syRINgE. °E paTIENT HaDN’T EVEN flINcHED. SHE TOLD ¸E HOw TO aVOID HITTINg THE LUNg (“GO IN aT a sTEEp aNgLE,” sHE’D saID. “STay right UNDER THE cLaVIcLE”), aND HOw TO fiND THE sUbcLaVIaN VEIN, a bRaNcH TO THE VENa caVa LyINg aTOp THE LUNg NEaR ITs apEx (“GO IN aT a sTEEp aNgLE. STay right UNDER THE cLaVIcLE”). SHE pUsHED THE NEEDLE IN aL¸OsT aLL THE way. SHE DREw back ON THE syRINgE. AND sHE was IN. YOU kNEw bEcaUsE THE syRINgE fiLLED wITH ¸aROON bLOOD. (“ºf IT’s bRIgHT RED, yOU’VE HIT aN aRTERy,” sHE saID. “°aT’s NOT gOOD.”) ±NcE yOU HaVE THE TIp Of THIs NEEDLE pOkINg IN THE VEIN, yOU sO¸EHOw HaVE TO wIDEN THE HOLE IN THE VEIN waLL, fiT THE caTHETER IN, aND sNakE IT IN THE RIgHT DIREcTION—DOwN TO THE HEaRT, RaTHER THaN Up TO THE bRaIN—aLL wITHOUT TEaRINg THROUgH VEssELs, LUNg, OR aNyTHINg ELsE. ¹O DO THIs, S. ExpLaINED, yOU sTaRT by gETTINg a gUIDE wIRE IN pLacE. SHE pULLED THE syRINgE Off, LEaVINg THE NEEDLE IN. BLOOD flOwED OUT. SHE pIckED Up a TwO-fOOT-LONg TwENTy-gaUgE wIRE THaT LOOkED LIkE THE sTEEL ¶ sTRINg Of aN ELEcTRIc gUITaR, aND passED NEaRLy ITs fULL LENgTH THROUgH THE NEEDLE’s bORE, INTO THE VEIN, aND ONwaRD TOwaRD THE VENa caVa. “µEVER fORcE IT IN,” sHE waRNED, “aND NEVER, EVER LET gO Of IT.” A sTRINg Of RapID HEaRTbEaTs fiRED Off ON THE caRDIac ¸ONITOR, aND sHE qUIckLy pULLED THE wIRE back aN INcH. ºT HaD pOkED INTO THE HEaRT, caUsINg ¸O¸ENTaRy fibRILLaTION. “GUEss wE’RE IN THE RIgHT pLacE,” sHE saID TO ¸E qUIETLy. °EN TO THE paTIENT: “YOU’RE DOINg gREaT. ±NLy a fEw ¸INUTEs NOw.” SHE pULLED THE NEEDLE OUT OVER THE wIRE aND REpLacED IT wITH a bULLET Of THIck, sTIff pLasTIc, wHIcH sHE pUsHED IN TIgHT TO wIDEN THE VEIN OpENINg. SHE THEN RE¸OVED THIs DILaTOR aND THREaDED THE cENTRaL LINE—a spagHETTI-THIck, flExIbLE yELLOw pLasTIc TUbE—OVER THE wIRE UNTIL IT was aLL THE way IN. µOw sHE cOULD RE¸OVE THE wIRE. SHE flUsHED THE LINE wITH a HEpaRIN sOLUTION aND sUTURED IT TO THE paTIENT’s cHEsT. AND THaT was IT. ¹ODay, IT was ¸y TURN TO TRy. FIRsT, º HaD TO gaTHER sUppLIEs—a cENTRaL- LINE kIT, gLOVEs, gOwN, cap, ¸ask, LIDOcaINE—wHIcH TOOk ¸E fOREVER. WHEN º fiNaLLy HaD THE sTUff TOgETHER, º sTOppED fOR a ¸INUTE OUTsIDE THE paTIENT’s DOOR, TRyINg TO REcaLL THE sTEps. °Ey RE¸aINED fRUsTRaTINgLy Hazy. BUT º cOULDN’T pUT IT Off aNy LONgER. º HaD a pagE-LONg LIsT Of OTHER THINgs TO gET DONE:
MRs. A NEEDED TO bE DIscHaRgED; MR. B NEEDED aN abDO¸INaL ULTRasOUND aRRaNgED; MRs. C NEEDED HER skIN sTapLEs RE¸OVED. AND EVERy fiſtEEN ¸IN-
47
NEEDED TO bE sEEN; MIss Y’s fa¸ILy was HERE aND NEEDED “sO¸EONE” TO TaLk TO THE¸; MR. Z NEEDED a LaxaTIVE. º TOOk a DEEp bREaTH, pUT ON ¸y bEsT DON’T- wORRy-º-kNOw-wHaT-º’¸-DOINg LOOk, aND wENT IN. º pLacED THE sUppLIEs ON a bEDsIDE TabLE, UNTIED THE paTIENT’s gOwN, aND LaID HI¸ DOwN flaT ON THE ¸aTTREss, wITH HIs cHEsT baRE aND HIs aR¸s aT HIs sIDEs. º flIppED ON a flUOREscENT OVERHEaD LIgHT aND RaIsED HIs bED TO ¸y HEIgHT. º pagED S. º pUT ON ¸y gOwN aND gLOVEs aND, ON a sTERILE TRay, LaID OUT THE cENTRaL LINE, THE gUIDE wIRE, aND OTHER ¸aTERIaLs fRO¸ THE kIT. º DREw Up fiVE cc’s Of LIDOcaINE IN a syRINgE, sOakED TwO spONgE sTIcks IN THE yELLOw- bROwN BETaDINE, aND OpENED Up THE sUTURE packagINg. S. aRRIVED. “WHaT’s HIs pLaTELET cOUNT?” My sTO¸acH kNOTTED. º HaDN’T cHEckED. °aT was baD: TOO LOw aND HE cOULD HaVE a sERIOUs bLEED fRO¸ THE pROcEDURE. SHE wENT TO cHEck a cO¸pUTER. °E cOUNT was accEpTabLE. CHasTENED, º sTaRTED swabbINg HIs cHEsT wITH THE spONgE sTIcks. “GOT THE sHOULDER ROLL UNDERNEaTH HI¸?” S. askED. WELL, NO, º HaD fORgOTTEN THaT, TOO. °E paTIENT gaVE ¸E a LOOk. S., sayINg NOTHINg, gOT a TOwEL, ROLLED IT Up, aND sLIppED IT UNDER HIs back fOR ¸E. º fiNIsHED appLyINg THE aNTIsEpTIc aND THEN DRapED HI¸ sO THaT ONLy HIs RIgHT UppER cHEsT was ExpOsED. ÁE sqUIR¸ED a bIT bENEaTH THE DRapEs. S. NOw INspEcTED ¸y TRay. º gIRDED ¸ysELf. “WHERE’s THE ExTRa syRINgE fOR flUsHINg THE LINE wHEN IT’s IN?” ¶a¸N. SHE wENT OUT aND gOT IT. º fELT fOR ¸y LaND¸aRks. Here ? º askED wITH ¸y EyEs, NOT waNTINg TO UNDER¸INE THE paTIENT’s cONfiDENcE aNy fURTHER. SHE NODDED. º NU¸bED THE spOT wITH LIDOcaINE. (“YOU’LL fEEL a sTIck aND a bURN NOw, sIR.”) µExT, º TOOk THE THREE-INcH NEEDLE IN HaND aND pOkED IT THROUgH THE skIN. º aDVaNcED IT sLOwLy aND UNcERTaINLy, a fEw ¸ILLI¸ETREs aT a TI¸E. °Is Is a bIg gODDa¸ NEEDLE, º kEpT THINkINg. º cOULDN’T bELIEVE º was sTIckINg IT INTO sO¸EONE’s cHEsT. º cONcENTRaTED ON ¸aINTaININg a sTEEp aNgLE Of ENTRy, bUT kEpT spEaRINg HIs cLaVIcLE INsTEaD Of sLIppINg bENEaTH IT. “±w!” HE sHOUTED. “SORRy,” º saID. S. sIgNaLLED wITH a kIND Of sURfiNg HaND gEsTURE TO gO UNDERNEaTH THE cLaVIcLE. °Is TI¸E, IT wENT IN. º DREw back ON THE syRINgE. µOTHINg. SHE pOINTED DEEpER. º wENT IN DEEpER. µOTHINg. º wITHDREw THE NEEDLE, flUsHED OUT sO¸E bITs Of TIssUE cLOggINg IT, aND TRIED agaIN.
“Ow!”
evruC g n i n r a e L e h T
UTEs OR sO º was gETTINg pagED wITH ¸ORE Tasks: MR. Å was NaUsEaTED aND
¹OO sTEEp agaIN. º fOUND ¸y way UNDERNEaTH THE cLaVIcLE ONcE ¸ORE. º DREw
48
THE syRINgE back. STILL NOTHINg. ÁE’s TOO ObEsE, º THOUgHT. S. sLIppED ON gLOVEs aND a gOwN. “ÁOw abOUT º HaVE a LOOk?” sHE saID. º HaNDED HER THE NEEDLE aND
ednawaG l u t A
sTEppED asIDE. SHE pLUNgED THE NEEDLE IN, DREw back ON THE syRINgE, aND, jUsT LIkE THaT, sHE was IN. “WE’LL bE DONE sHORTLy,” sHE TOLD THE paTIENT. SHE LET ¸E cONTINUE wITH THE NExT sTEps, wHIcH º bU¸bLED THROUgH. º DIDN’T REaLIzE HOw LONg aND flOppy THE gUIDE wIRE was UNTIL º pULLED THE cOIL OUT Of ITs pLasTIc sLEEVE, aND, pUTTINg ONE END Of IT INTO THE paTIENT, º VERy NEaRLy cONTa¸INaTED THE OTHER. º fORgOT abOUT THE DILaTINg sTEp UNTIL sHE RE¸INDED ¸E. °EN, wHEN º pUT IN THE DILaTOR, º DIDN’T pUsH qUITE HaRD ENOUgH, aND IT was REaLLy S. wHO pUsHED IT aLL THE way IN. FINaLLy, wE gOT THE LINE IN, flUsHED IT, aND sUTURED IT IN pLacE. ±UTsIDE THE ROO¸, S. saID THaT º cOULD bE LEss TENTaTIVE THE NExT TI¸E, bUT THaT º sHOULDN’T wORRy TOO ¸UcH abOUT HOw THINgs HaD gONE. “YOU’LL gET IT,” sHE saID. “ºT jUsT TakEs pRacTIcE.” º wasN’T sO sURE. °E pROcEDURE RE¸aINED wHOLLy ¸ysTERIOUs TO ¸E. AND º cOULD NOT gET OVER THE IDEa Of jabbINg a NEEDLE INTO sO¸EONE’s cHEsT sO DEEpLy aND sO bLINDLy. º awaITED THE Å-Ray aſtERwaRD wITH TREpIDaTION. BUT IT ca¸E back fiNE: º HaD NOT INjURED THE LUNg aND THE LINE was IN THE RIgHT pLacE. µOT EVERyONE appREcIaTEs THE aTTRacTIONs Of sURgERy. WHEN yOU aRE a ¸EDIcaL sTUDENT IN THE OpERaTINg ROO¸ fOR THE fiRsT TI¸E, aND yOU sEE THE sURgEON pREss THE scaLpEL TO sO¸EONE’s bODy aND OpEN IT LIkE a pIEcE Of fRUIT, yOU EITHER sHUDDER IN HORROR OR gapE IN awE. º gapED. ºT was NOT jUsT THE bLOOD aND gUTs THaT ENTHRaLLED ¸E. ºT was aLsO THE IDEa THaT a pERsON, a ¸ERE ¸ORTaL, wOULD HaVE THE cONfiDENcE TO wIELD THaT scaLpEL IN THE fiRsT pLacE. °ERE Is a sayINg abOUT sURgEONs: “SO¸ETI¸Es wRONg; NEVER IN DOUbT.” °Is Is ¸EaNT as a REpROOf, bUT TO ¸E IT sEE¸ED THEIR sTRENgTH. ´VERy Day, sURgEONs aRE facED wITH UNcERTaINTIEs. ºNfOR¸aTION Is INaDEqUaTE; THE scIENcE Is a¸bIgUOUs; ONE’s kNOwLEDgE aND abILITIEs aRE NEVER pERfEcT. ´VEN wITH THE sI¸pLEsT OpERaTION, IT caNNOT bE TakEN fOR gRaNTED THaT a paTIENT wILL cO¸E THROUgH bETTER Off—OR EVEN aLIVE. STaNDINg aT THE OpERaTINg TabLE, º wONDERED HOw THE sURgEON kNEw THaT aLL THE sTEps wOULD gO as pLaNNED, THaT bLEEDINg wOULD bE cONTROLLED aND INfEcTION wOULD NOT sET IN aND ORgaNs wOULD NOT bE INjURED. ÁE DIDN’T, Of cOURsE. BUT HE cUT aNyway. ²aTER, wHILE sTILL a sTUDENT, º was aLLOwED TO ¸akE aN INcIsION ¸ysELf. °E sURgEON DREw a sIx-INcH DOTTED LINE wITH a ¸aRkINg pEN acROss aN aNEsTHETIzED paTIENT’s abDO¸EN aND THEN, TO ¸y sURpRIsE, HaD THE NURsE HaND ¸E THE kNIfE. ºT was sTILL waR¸ fRO¸ THE aUTOcLaVE. °E sURgEON HaD ¸E sTRETcH THE skIN TaUT wITH THE THU¸b aND fOREfiNgER Of ¸y fREE HaND. ÁE TOLD ¸E TO ¸akE ONE
s¸OOTH sLIcE DOwN TO THE faT. º pUT THE bELLy Of THE bLaDE TO THE skIN aND cUT. °E ExpERIENcE was ODD aND aDDIcTIVE, ¸IxINg ExHILaRaTION fRO¸ THE caLcU-
49
THaT IT was sO¸EHOw fOR THE pERsON’s gOOD. °ERE was aLsO THE sLIgHTLy NaUsEaTINg fEELINg Of fiNDINg THaT IT TOOk ¸ORE fORcE THaN º’D REaLIzED. (SkIN Is THIck aND spRINgy, aND ON ¸y fiRsT pass º DID NOT gO NEaRLy DEEp ENOUgH; º HaD TO cUT TwIcE TO gET THROUgH.) °E ¸O¸ENT ¸aDE ¸E waNT TO bE a sURgEON—NOT aN a¸aTEUR HaNDED THE kNIfE fOR a bRIEf ¸O¸ENT bUT sO¸EONE wITH THE cONfiDENcE aND abILITy TO pROcEED as If IT wERE ROUTINE. A REsIDENT bEgINs, HOwEVER, wITH NONE Of THIs aIR Of ¸asTERy—ONLy aN OVERpOwERINg INsTINcT agaINsT DOINg aNyTHINg LIkE pREssINg a kNIfE agaINsT flEsH OR jabbINg a NEEDLE INTO sO¸EONE’s cHEsT. ±N ¸y fiRsT Day as a sURgIcaL REsIDENT, º was assIgNED TO THE E¸ERgENcy ROO¸. A¸ONg ¸y fiRsT paTIENTs was a skINNy, DaRk-HaIRED wO¸aN IN HER LaTE TwENTIEs wHO HObbLED IN, TEETH gRITTED, wITH a TwO-fOOT-LONg wOODEN cHaIR LEg sO¸EHOw NaILED TO THE bOTTO¸ Of HER fOOT. SHE ExpLaINED THaT a kITcHEN cHaIR HaD cOLLapsED UNDER HER aND, as sHE LEapED Up TO kEEp fRO¸ faLLINg, HER baRE fOOT HaD sTO¸pED DOwN ON a THREE-INcH scREw sTIckINg OUT Of ONE Of THE cHaIR LEgs. º TRIED VERy HaRD TO LOOk LIkE sO¸EONE wHO HaD NOT gOT HIs ¸EDIcaL DIpLO¸a jUsT THE wEEk bEfORE. ºNsTEaD, º was DETER¸INED TO bE NONcHaLaNT, THE kIND Of gUy wHO HaD sEEN THIs sORT Of THINg a HUNDRED TI¸Es bEfORE. º INspEcTED HER fOOT, aND cOULD sEE THaT THE scREw was E¸bEDDED IN THE bONE aT THE basE Of HER bIg TOE. °ERE was NO bLEEDINg aND, as faR as º cOULD fEEL, NO fRacTURE. “WOw, THaT ¸UsT HURT,” º bLURTED OUT, IDIOTIcaLLy. °E ObVIOUs THINg TO DO was gIVE HER a TETaNUs sHOT aND pULL OUT THE scREw. º ORDERED THE TETaNUs sHOT, bUT º bEgaN TO HaVE DOUbTs abOUT pULLINg OUT THE scREw. SUppOsE sHE bLED? ±R sUppOsE º fRacTURED HER fOOT? ±R sO¸ETHINg wORsE? º ExcUsED ¸ysELf aND TRackED DOwN ¶R. W., THE sENIOR sURgEON ON DUTy. º fOUND HI¸ TENDINg TO a caR-cRasH VIcTI¸. °E paTIENT was a ¸Ess, aND THE flOOR was cOVERED wITH bLOOD. PEOpLE wERE sHOUTINg. ºT was NOT a gOOD TI¸E TO ask qUEsTIONs. º ORDERED aN Å-Ray. º figURED IT wOULD bUy TI¸E aND LET ¸E cHEck ¸y a¸aTEUR I¸pREssION THaT sHE DIDN’T HaVE a fRacTURE. SURE ENOUgH, gETTINg THE Å-Ray TOOk abOUT aN HOUR, aND IT sHOwED NO fRacTURE—jUsT a cO¸¸ON scREw E¸bEDDED, THE RaDIOLOgIsT saID, “IN THE HEaD Of THE fiRsT ¸ETaTaRsaL.” º sHOwED THE paTIENT THE Å-Ray. “YOU sEE, THE scREw’s E¸bEDDED IN THE HEaD Of THE fiRsT ¸ETaTaRsaL,” º saID. AND THE pLaN? sHE waNTED TO kNOw. AH, yEs, THE pLaN. º wENT TO fiND ¶R. W. ÁE was sTILL bUsy wITH THE cRasH VIcTI¸, bUT º was abLE TO INTERRUpT TO sHOw HI¸ THE Å-Ray. ÁE cHUckLED aT THE sIgHT Of IT aND
evruC g n i n r a e L e h T
LaTED VIOLENcE Of THE acT, aNxIETy abOUT gETTINg IT RIgHT, aND a RIgHTEOUs faITH
askED ¸E wHaT º waNTED TO DO. “PULL THE scREw OUT?” º VENTURED. “YEs,” HE
50
saID, by wHIcH HE ¸EaNT “¶UH.” ÁE ¸aDE sURE º’D gIVEN THE paTIENT a TETaNUs sHOT aND THEN sHOOED ¸E away.
ednawaG l u t A
Back IN THE Exa¸ININg ROO¸, º TOLD HER THaT º wOULD pULL THE scREw OUT, pREpaRED fOR HER TO say sO¸ETHINg LIkE “YOU?” ºNsTEaD sHE saID, “±K, ¶OcTOR.” AT fiRsT, º HaD HER sITTINg ON THE Exa¸ TabLE, DaNgLINg HER LEg Off THE sIDE. BUT THaT DIDN’T LOOk as If IT wOULD wORk. ´VENTUaLLy, º HaD HER LIE wITH HER fOOT jUTTINg Off THE TabLE END, THE bOaRD pOkINg OUT INTO THE aIR. WITH EVERy ¸OVE, HER paIN INcREasED. º INjEcTED a LOcaL aNEsTHETIc wHERE THE scREw HaD gONE IN aND THaT HELpED a LITTLE. µOw º gRabbED HER fOOT IN ONE HaND, THE bOaRD IN THE OTHER, aND fOR a ¸O¸ENT º fROzE. COULD º REaLLy DO THIs? WHO was º TO pREsU¸E? FINaLLy, º gaVE HER a ONE-TwO-THREE aND pULLED, gINgERLy aT fiRsT aND THEN HaRD. SHE gROaNED. °E scREw wasN’T bUDgINg. º TwIsTED, aND abRUpTLy IT ca¸E fREE. °ERE was NO bLEEDINg. º wasHED THE wOUND OUT, aND sHE fOUND sHE cOULD waLk. º waRNED HER Of THE RIsks Of INfEcTION aND THE sIgNs TO LOOk fOR. ÁER gRaTITUDE was I¸¸ENsE aND flaTTERINg, LIkE THE LION’s fOR THE ¸OUsE—aND THaT NIgHT º wENT HO¸E ELaTED. ºN sURgERy, as IN aNyTHINg ELsE, skILL, jUDg¸ENT, aND cONfiDENcE aRE LEaRNED THROUgH ExpERIENcE, HaLTINgLy aND HU¸ILIaTINgLy. ²IkE THE TENNIs pLayER aND THE ObOIsT aND THE gUy wHO fixEs HaRD DRIVEs, wE NEED pRacTIcE TO gET gOOD aT wHaT wE DO. °ERE Is ONE DIffERENcE IN ¸EDIcINE, THOUgH: wE pRacTIcE ON pEOpLE. My sEcOND TRy aT pLacINg a cENTRaL LINE wENT NO bETTER THaN THE fiRsT. °E paTIENT was IN INTENsIVE caRE, ¸ORTaLLy ILL, ON a VENTILaTOR, aND NEEDED THE LINE sO THaT pOwERfUL caRDIac DRUgs cOULD bE DELIVERED DIREcTLy TO HER HEaRT. SHE was aLsO HEaVILy sEDaTED, aND fOR THIs º was gRaTEfUL. SHE’D bE ObLIVIOUs Of ¸y fU¸bLINg. My pREpaRaTION was bETTER THIs TI¸E. º gOT THE TOwEL ROLL IN pLacE aND THE syRINgEs Of HEpaRIN ON THE TRay. º cHEckED HER Lab REsULTs, wHIcH wERE fiNE. º aLsO ¸aDE a pOINT Of DRapINg ¸ORE wIDELy, sO THaT If º flOppED THE gUIDE wIRE aROUND by ¸IsTakE agaIN, IT wOULDN’T HIT aNyTHINg UNsTERILE. FOR aLL THaT, THE pROcEDURE was a bUsT. º sTabbED THE NEEDLE IN TOO sHaLLOw aND THEN TOO DEEp. FRUsTRaTION OVERca¸E TENTaTIVENEss aND º TRIED ONE aNgLE aſtER aNOTHER. µOTHINg wORkED. °EN, fOR ONE bRIEf ¸O¸ENT, º gOT a flasH Of bLOOD IN THE syRINgE, INDIcaTINg THaT º was IN THE VEIN. º aNcHORED THE NEEDLE wITH ONE HaND aND wENT TO pULL THE syRINgE Off wITH THE OTHER. BUT THE syRINgE was ja¸¸ED ON TOO TIgHTLy, sO THaT wHEN º pULLED IT fREE º DIsLODgED THE NEEDLE fRO¸ THE VEIN. °E paTIENT bEgaN bLEEDINg INTO HER cHEsT waLL. º HELD
pREssURE THE bEsT º cOULD fOR a sOLID fiVE ¸INUTEs, bUT HER cHEsT TURNED bLack aND bLUE aROUND THE sITE. °E HE¸aTO¸a ¸aDE IT I¸pOssIbLE TO pUT a LINE
51
REsIDENT sUpERVIsINg ¸E—a sEcOND-yEaR THIs TI¸E—was DETER¸INED THaT º sUccEED. AſtER aN Å-Ray sHOwED THaT º HaD NOT INjURED HER LUNg, HE HaD ¸E TRy ON THE OTHER sIDE, wITH a wHOLE NEw kIT. º ¸IssED agaIN, aND HE TOOk OVER. ºT TOOk HI¸ sEVERaL ¸INUTEs aND TwO OR THREE sTIcks TO fiND THE VEIN HI¸sELf aND THaT ¸aDE ¸E fEEL bETTER. MaybE sHE was aN UNUsUaLLy TOUgH casE. WHEN º faILED wITH a THIRD paTIENT a fEw Days LaTER, THOUgH, THE DOUbTs REaLLy sET IN. AgaIN, IT was sTIck, sTIck, sTIck, aND NOTHINg. º sTEppED asIDE. °E REsIDENT waTcHINg ¸E gOT IT ON THE NExT TRy. SURgEONs, as a gROUp, aDHERE TO a cURIOUs EgaLITaRIaNIs¸. °Ey bELIEVE IN pRacTIcE, NOT TaLENT. PEOpLE OſtEN assU¸E THaT yOU HaVE TO HaVE gREaT HaNDs TO bEcO¸E a sURgEON, bUT IT’s NOT TRUE. WHEN º INTERVIEwED TO gET INTO sURgERy pROgRa¸s, NO ONE ¸aDE ¸E sEw OR TakE a DExTERITy TEsT OR cHEckED TO sEE If ¸y HaNDs wERE sTEaDy. YOU DO NOT EVEN NEED aLL TEN fiNgERs TO bE accEpTED. ¹O bE sURE, TaLENT HELps. PROfEssORs say THaT EVERy TwO OR THREE yEaRs THEy’LL sEE sO¸EONE TRULy gIſtED cO¸E THROUgH a pROgRa¸—sO¸EONE wHO pIcks Up cO¸pLEx ¸aNUaL skILLs UNUsUaLLy qUIckLy, sEEs TIssUE pLaNEs bEfORE OTHERs DO, aNTIcIpaTEs TROUbLE bEfORE IT HappENs. µONETHELEss, aTTENDINg sURgEONs say THaT wHaT’s ¸OsT I¸pORTaNT TO THE¸ Is fiNDINg pEOpLE wHO aRE cONscIENTIOUs, INDUsTRIOUs, aND bONEHEaDED ENOUgH TO kEEp aT pRacTIcINg THIs ONE DIfficULT THINg Day aND NIgHT fOR yEaRs ON END. As a fOR¸ER REsIDENcy DIREcTOR pUT IT TO ¸E, gIVEN a cHOIcE bETwEEN a PH.¶. wHO HaD cLONED a gENE aND a scULpTOR, HE’D pIck THE PH.¶. EVERy TI¸E. SURE, HE saID, HE’D bET ON THE scULpTOR’s bEINg ¸ORE pHysIcaLLy TaLENTED; bUT HE’D bET ON THE PH.¶.’s bEINg LEss “flaky.” AND IN THE END THaT ¸aTTERs ¸ORE. SkILL, sURgEONs bELIEVE, caN bE TaUgHT; TENacITy caNNOT. ºT’s aN ODD appROacH TO REcRUIT¸ENT, bUT IT cONTINUEs aLL THE way Up THE RaNks, EVEN IN TOp sURgERy DEpaRT¸ENTs. °Ey sTaRT wITH ¸INIONs wITH NO ExpERIENcE IN sURgERy, spEND yEaRs TRaININg THE¸, aND THEN TakE ¸ORE Of THEIR facULTy fRO¸ THEsE sa¸E HO¸EgROwN RaNks. AND IT wORks. °ERE HaVE NOw bEEN ¸aNy sTUDIEs Of éLITE pERfOR¸ERs— cONcERT VIOLINIsTs, cHEss gRaND ¸asTERs, pROfEssIONaL IcE-skaTERs, ¸aTHE¸aTIcIaNs, aND sO fORTH—aND THE bIggEsT DIffERENcE REsEaRcHERs fiND bETwEEN THE¸ aND LEssER pERfOR¸ERs Is THE a¸OUNT Of DELIbERaTE pRacTIcE THEy’VE accU¸ULaTED. ºNDEED, THE ¸OsT I¸pORTaNT TaLENT ¸ay bE THE TaLENT fOR pRacTIcE ITsELf. K. ANDERs ´RIcssON, a cOgNITIVE psycHOLOgIsT aND aN ExpERT ON pERfOR¸aNcE, NOTEs THaT THE ¸OsT I¸pORTaNT ROLE THaT INNaTE facTORs pLay ¸ay bE IN a pERsON’s willingness TO ENgagE IN sUsTaINED TRaININg. ÁE Has fOUND, fOR
evruC g n i n r a e L e h T
THROUgH THERE aNy¸ORE. º waNTED TO gIVE Up. BUT sHE NEEDED a LINE aND THE
Exa¸pLE, THaT TOp pERfOR¸ERs DIsLIkE pRacTIcINg jUsT as ¸UcH as OTHERs DO.
52
(°aT’s wHy, fOR Exa¸pLE, aTHLETEs aND ¸UsIcIaNs UsUaLLy qUIT pRacTIcINg wHEN THEy RETIRE.) BUT, ¸ORE THaN OTHERs, THEy HaVE THE wILL TO kEEp aT IT aNyway.
ednawaG l u t A
º wasN’T sURE º DID. WHaT gOOD was IT, º wONDERED, TO kEEp DOINg cENTRaL LINEs wHEN º wasN’T cO¸INg cLOsE TO HITTINg THE¸? ºf º HaD a cLEaR IDEa Of wHaT º was DOINg wRONg, THEN ¸aybE º’D HaVE sO¸ETHINg TO fOcUs ON. BUT º DIDN’T. ´VERyONE, Of cOURsE, HaD sUggEsTIONs. GO IN wITH THE bEVEL Of THE NEEDLE Up. µO, gO IN wITH THE bEVEL DOwN. PUT a bEND IN THE ¸IDDLE Of THE NEEDLE. µO, cURVE THE NEEDLE. FOR a wHILE, º TRIED TO aVOID DOINg aNOTHER LINE. SOON ENOUgH, HOwEVER, a NEw casE aROsE. °E cIRcU¸sTaNcEs wERE ¸IsERabLE. ºT was LaTE IN THE Day, aND º’D HaD TO wORk THROUgH THE pREVIOUs NIgHT. °E paTIENT wEIgHED ¸ORE THaN 300 pOUNDs. ÁE cOULDN’T TOLERaTE LyINg flaT bEcaUsE THE wEIgHT Of HIs cHEsT aND abDO¸EN ¸aDE IT HaRD fOR HI¸ TO bREaTHE. YET HE HaD a baDLy INfEcTED wOUND, NEEDED INTRaVENOUs aNTIbIOTIcs, aND NO ONE cOULD fiND VEINs IN HIs aR¸s fOR a pERIpHERaL iv. º HaD LITTLE HOpE Of sUccEEDINg. BUT a REsIDENT DOEs wHaT HE Is TOLD, aND º was TOLD TO TRy THE LINE. º wENT TO HIs ROO¸. ÁE LOOkED scaRED aND saID HE DIDN’T THINk HE’D LasT ¸ORE THaN a ¸INUTE ON HIs back. BUT HE saID HE UNDERsTOOD THE sITUaTION aND was wILLINg TO ¸akE HIs bEsT EffORT. ÁE aND º DEcIDED THaT HE’D bE LEſt sITTINg pROppED Up IN bED UNTIL THE LasT pOssIbLE ¸INUTE. WE’D sEE HOw faR wE gOT aſtER THaT. º wENT THROUgH ¸y pREpaRaTIONs: cHEckINg HIs bLOOD cOUNTs fRO¸ THE Lab, pUTTINg OUT THE kIT, pLacINg THE TOwEL ROLL, aND sO ON. º swabbED aND DRapED HIs cHEsT wHILE HE was sTILL sITTINg Up. S., THE cHIEf REsIDENT, was waTcHINg ¸E THIs TI¸E, aND wHEN EVERyTHINg was REaDy º HaD HER TIp HI¸ back, aN OxygEN ¸ask ON HIs facE. ÁIs flEsH ROLLED Up HIs cHEsT LIkE a waVE. º cOULDN’T fiND HIs cLaVIcLE wITH ¸y fiNgERTIps TO LINE Up THE RIgHT pOINT Of ENTRy. AND aLREaDy HE was LOOkINg sHORT Of bREaTH, HIs facE RED. º gaVE S. a “¶O yOU waNT TO TakE OVER?” LOOk. KEEp gOINg, sHE sIgNaLLED. º ¸aDE a ROUgH gUEss abOUT wHERE THE RIgHT spOT was, NU¸bED IT wITH LIDOcaINE, aND pUsHED THE bIg NEEDLE IN. FOR a sEcOND, º THOUgHT IT wOULDN’T bE LONg ENOUgH TO REacH THROUgH, bUT THEN º fELT THE TIp sLIp UNDERNEaTH HIs cLaVIcLE. º pUsHED a LITTLE DEEpER aND DREw back ON THE syRINgE. ·NbELIEVabLy, IT fiLLED wITH bLOOD. º was IN. º cONcENTRaTED ON aNcHORINg THE NEEDLE fiR¸Ly IN pLacE, NOT ¸OVINg IT a ¸ILLI¸ETRE as º pULLED THE syRINgE Off aND THREaDED THE gUIDE wIRE IN. °E wIRE fED IN s¸OOTHLy. °E paTIENT was sTRUggLINg HaRD fOR aIR NOw. WE saT HI¸ Up aND LET HI¸ caTcH HIs bREaTH. AND THEN, LayINg HI¸ DOwN ONE ¸ORE TI¸E, º gOT THE ENTRy DILaTED aND sLID THE cENTRaL LINE IN. “µIcE jOb” was aLL S. saID, aND THEN sHE LEſt.
º sTILL HaVE NO IDEa wHaT º DID DIffERENTLy THaT Day. BUT fRO¸ THEN ON ¸y LINEs wENT IN. °aT’s THE fUNNy THINg abOUT pRacTIcE. FOR Days aND Days, yOU
53
THINg wHOLE. CONscIOUs LEaRNINg bEcO¸Es UNcONscIOUs kNOwLEDgE, aND yOU caNNOT say pREcIsELy HOw. º HaVE NOw pUT IN ¸ORE THaN a HUNDRED cENTRaL LINEs. º a¸ by NO ¸EaNs INfaLLIbLE. CERTaINLy, º HaVE HaD ¸y faIR sHaRE Of cO¸pLIcaTIONs. º pUNcTURED a paTIENT’s LUNg, fOR Exa¸pLE—THE RIgHT LUNg Of a cHIEf Of sURgERy fRO¸ aNOTHER HOspITaL, NO LEss—aND, gIVEN THE ODDs, º’¸ sURE sUcH THINgs wILL HappEN agaIN. º sTILL HaVE THE OccasIONaL casE THaT sHOULD gO EasILy bUT DOEsN’T, NO ¸aTTER wHaT º DO. (WE HaVE a TER¸ fOR THIs. “ÁOw’D IT gO?” a cOLLEagUE asks. “ºT was a TOTaL flOg,” º REpLy. º DON’T HaVE TO say aNyTHINg ¸ORE.) BUT OTHER TI¸Es EVERyTHINg UNfOLDs EffORTLEssLy. YOU TakE THE NEEDLE. YOU sTIck THE cHEsT. YOU fEEL THE NEEDLE TRaVEL—a DIsTINcT gLIDE THROUgH THE faT, a sLIgHT caTcH IN THE DENsE ¸UscLE, THEN THE sUbTLE pOp THROUgH THE VEIN waLL— aND yOU’RE IN. AT sUcH ¸O¸ENTs, IT Is ¸ORE THaN Easy; IT Is bEaUTIfUL. SURgIcaL TRaININg Is THE REcapITULaTION Of THIs pROcEss—flOUNDERINg fOLLOwED by fRag¸ENTs fOLLOwED by kNOwLEDgE aND, OccasIONaLLy, a ¸O¸ENT Of ELEgaNcE—OVER aND OVER agaIN, fOR EVER HaRDER Tasks wITH EVER gREaTER RIsks. AT fiRsT, yOU wORk ON THE basIcs: HOw TO gLOVE aND gOwN, HOw TO DRapE paTIENTs, HOw TO HOLD THE kNIfE, HOw TO TIE a sqUaRE kNOT IN a LENgTH Of sILk sUTURE (NOT TO ¸ENTION HOw TO DIcTaTE, wORk THE cO¸pUTERs, ORDER DRUgs). BUT THEN THE Tasks bEcO¸E ¸ORE DaUNTINg: HOw TO cUT THROUgH skIN, HaNDLE THE ELEcTROcaUTERy, OpEN THE bREasT, TIE Off a bLEEDER, ExcIsE a TU¸OR, cLOsE Up a wOUND. AT THE END Of sIx ¸ONTHs, º HaD DONE LINEs, LU¸pEcTO¸IEs, appENDEcTO¸IEs, skIN gRaſts, HERNIa REpaIRs, aND ¸asTEcTO¸IEs. AT THE END Of a yEaR, º was DOINg LI¸b a¸pUTaTIONs, HE¸ORRHOIDEcTO¸IEs, aND LapaROscOpIc gaLLbLaDDER OpERaTIONs. AT THE END Of TwO yEaRs, º was bEgINNINg TO DO TRacHEOTO¸IEs, s¸aLL-bOwEL OpERaTIONs, aND LEg aRTERy bypassEs. º a¸ IN ¸y sEVENTH yEaR Of TRaININg, Of wHIcH THREE yEaRs HaVE bEEN spENT DOINg REsEaRcH. ±NLy NOw Has a sI¸pLE sLIcE THROUgH skIN bEgUN TO sEE¸ LIkE THE ¸ERE sTaRT Of a casE. °EsE Days, º’¸ TRyINg TO LEaRN HOw TO fix aN abDO¸INaL aORTIc aNEURys¸, RE¸OVE a paNcREaTIc caNcER, OpEN bLOckED caROTID aRTERIEs. º a¸, º HaVE fOUND, NEITHER gIſtED NOR ¸aLaDROIT. WITH pRacTIcE aND ¸ORE pRacTIcE, º gET THE HaNg Of IT. ¶OcTORs fiND IT HaRD TO TaLk abOUT THIs wITH paTIENTs. °E ¸ORaL bURDEN Of pRacTIcINg ON pEOpLE Is aLways wITH Us, bUT fOR THE ¸OsT paRT IT Is UNspOkEN. BEfORE EacH OpERaTION, º gO OVER TO THE HOLDINg aREa IN ¸y scRUbs aND INTRODUcE ¸ysELf TO THE paTIENT. º DO IT THE sa¸E way EVERy TI¸E “ÁELLO, º’¸
evruC g n i n r a e L e h T
¸akE OUT ONLy THE fRag¸ENTs Of wHaT TO DO. AND THEN ONE Day yOU’VE gOT THE
¶R. GawaNDE. º’¸ ONE Of THE sURgIcaL REsIDENTs, aND º’LL bE assIsTINg yOUR
54
sURgEON.” °aT Is pRETTy ¸UcH aLL º say ON THE sUbjEcT. º ExTEND ¸y HaND aND s¸ILE. º ask THE paTIENT If EVERyTHINg Is gOINg ±K sO faR. WE cHaT. º aNswER
ednawaG l u t A
qUEsTIONs. ÂERy OccasIONaLLy, paTIENTs aRE TakEN aback. “µO REsIDENT Is DOINg ¸y sURgERy,” THEy say. º TRy TO bE REassURINg. “µOT TO wORRy—º jUsT assIsT,” º say. “°E aTTENDINg sURgEON Is aLways IN cHaRgE.” µONE Of THIs Is ExacTLy a LIE. °E aTTENDINg is IN cHaRgE, aND a REsIDENT kNOws bETTER THaN TO fORgET THaT. CONsIDER THE OpERaTION º DID REcENTLy TO RE¸OVE a sEVENTy-fiVE-yEaR-OLD wO¸aN’s cOLON caNcER. °E aTTENDINg sTOOD acROss fRO¸ ¸E fRO¸ THE sTaRT. AND IT was HE, NOT º, wHO DEcIDED wHERE TO cUT, HOw TO pOsITION THE OpENED abDO¸EN, HOw TO IsOLaTE THE caNcER, aND HOw ¸UcH cOLON TO TakE. YET º’¸ THE ONE wHO HELD THE kNIfE. º’¸ THE ONE wHO sTOOD ON THE OpERaTOR’s sIDE Of THE TabLE, aND IT was RaIsED TO ¸y sIx-fOOT-pLUs HEIgHT. º was THERE TO HELp, yEs, bUT º was THERE TO pRacTIcE, TOO. °Is was cLEaR wHEN IT ca¸E TI¸E TO REcONNEcT THE cOLON. °ERE aRE TwO ways Of pUTTINg THE ENDs TOgETHER— HaNDsEwINg aND sTapLINg. STapLINg Is swIſtER aND EasIER, bUT THE aTTENDINg sUggEsTED º HaNDsEw THE ENDs—NOT bEcaUsE IT was bETTER fOR THE paTIENT bUT bEcaUsE º HaD HaD ¸UcH LEss ExpERIENcE DOINg IT. WHEN IT’s pERfOR¸ED cORREcTLy, THE REsULTs aRE sI¸ILaR, bUT HE NEEDED TO waTcH ¸E LIkE a Hawk. My sTITcHINg was sLOw aND I¸pREcIsE. AT ONE pOINT, HE caUgHT ¸E pUTTINg THE sTITcHEs TOO faR apaRT aND ¸aDE ¸E gO back aND pUT ExTRas IN bETwEEN sO THE cONNEcTION wOULD NOT LEak. AT aNOTHER pOINT, HE fOUND º wasN’T TakINg DEEp ENOUgH bITEs Of TIssUE wITH THE NEEDLE TO INsURE a sTRONg cLOsURE. “¹URN yOUR wRIsT ¸ORE,” HE TOLD ¸E. “²IkE THIs?” º askED. “·H, sORT Of,” HE saID. ºN ¸EDIcINE, THERE Has LONg bEEN a cONflIcT bETwEEN THE I¸pERaTIVE TO gIVE paTIENTs THE bEsT pOssIbLE caRE aND THE NEED TO pROVIDE NOVIcEs wITH ExpERIENcE. ³EsIDENcIEs aTTE¸pT TO ¸ITIgaTE pOTENTIaL HaR¸ THROUgH sUpERVIsION aND gRaDUaTED REspONsIbILITy. AND THERE Is REasON TO THINk THaT paTIENTs acTUaLLy bENEfiT fRO¸ TEacHINg. STUDIEs cO¸¸ONLy fiND THaT TEacHINg HOspITaLs HaVE bETTER OUTcO¸Es THaN NONTEacHINg HOspITaLs. ³EsIDENTs ¸ay bE a¸aTEURs, bUT HaVINg THE¸ aROUND cHEckINg ON paTIENTs, askINg qUEsTIONs, aND kEEpINg facULTy ON THEIR TOEs sEE¸s TO HELp. BUT THERE Is sTILL NO aVOIDINg THOsE fiRsT fEw UNsTEaDy TI¸Es a yOUNg pHysIcIaN TRIEs TO pUT IN a cENTRaL LINE, RE¸OVE a bREasT caNcER, OR sEw TOgETHER TwO sEg¸ENTs Of cOLON. µO ¸aTTER HOw ¸aNy pROTEcTIONs aRE IN pLacE, ON aVERagE THEsE casEs gO LEss wELL wITH THE NOVIcE THaN wITH sO¸EONE ExpERIENcED. ¶OcTORs HaVE NO ILLUsIONs abOUT THIs. WHEN aN aTTENDINg pHysIcIaN bRINgs a sIck fa¸ILy ¸E¸bER IN fOR sURgERy, pEOpLE aT THE HOspITaL THINk TwIcE abOUT
LETTINg TRaINEEs paRTIcIpaTE. ´VEN wHEN THE aTTENDINg INsIsTs THaT THEy paRTIcIpaTE as UsUaL, THE REsIDENTs scRUbbINg IN kNOw THaT IT wILL bE faR fRO¸ a TEacH-
55
gOINg TO DO IT. CONVERsELy, THE waRD sERVIcEs aND cLINIcs wHERE REsIDENTs HaVE THE ¸OsT REspONsIbILITy aRE pOpULaTED by THE pOOR, THE UNINsURED, THE DRUNk, aND THE DE¸ENTED. ³EsIDENTs HaVE fEw OppORTUNITIEs NOwaDays TO OpERaTE INDEpENDENTLy, wITHOUT THE aTTENDINg DOcs scRUbbED IN, bUT wHEN wE DO—as wE ¸UsT bEfORE gRaDUaTINg aND gOINg OUT TO OpERaTE ON OUR OwN—IT Is gENERaLLy wITH THEsE, THE HU¸bLEsT Of paTIENTs. AND THIs Is THE UNcO¸fORTabLE TRUTH abOUT TEacHINg. By TRaDITIONaL ETHIcs aND pUbLIc INsIsTENcE (NOT TO ¸ENTION cOURT RULINgs), a paTIENT’s RIgHT TO THE bEsT caRE pOssIbLE ¸UsT TRU¸p THE ObjEcTIVE Of TRaININg NOVIcEs. WE waNT pERfEcTION wITHOUT pRacTIcE. YET EVERyONE Is HaR¸ED If NO ONE Is TRaINED fOR THE fUTURE. SO LEaRNINg Is HIDDEN, bEHIND DRapEs aND aNEsTHEsIa aND THE ELIsIONs Of LaNgUagE. AND THE DILE¸¸a DOEsN’T appLy jUsT TO REsIDENTs, pHysIcIaNs IN TRaININg. °E pROcEss Of LEaRNINg gOEs ON LONgER THaN ¸OsT pEOpLE kNOw. º gREw Up IN THE s¸aLL AppaLacHIaN TOwN Of ATHENs, ±HIO, wHERE ¸y paRENTs aRE bOTH DOcTORs. My ¸OTHER Is a pEDIaTRIcIaN aND ¸y faTHER Is a UROLOgIsT. ²ONg agO, ¸y ¸OTHER cHOsE TO pRacTIcE paRT TI¸E, wHIcH sHE cOULD affORD TO DO bEcaUsE ¸y faTHER’s pRacTIcE bEca¸E sO bUsy aND sUccEssfUL. ÁE Has NOw bEEN aT IT fOR ¸ORE THaN TwENTy-fiVE yEaRs, aND HIs OfficE Is cLUTTERED wITH THE EVIDENcE Of THIs. °ERE Is aN OVERflOwINg waLL Of ¸EDIcaL fiLEs, gIſts fRO¸ paTIENTs DIspLayED EVERywHERE (bOOks, cERa¸Ics wITH BIbLIcaL sayINgs, HaND- paINTED papERwEIgHTs, bLOwN gLass, caRVED bOxEs, a figURINE Of a bOy wHO, wHEN yOU pULL DOwN HIs paNTs, pEEs ON yOU), aND, IN aN acRyLIc casE bEHIND HIs Oak DEsk, a fEw DOzEN Of THE THOUsaNDs Of kIDNEy sTONEs HE Has RE¸OVED. ±NLy NOw, as º gET gLI¸psEs Of THE END Of ¸y TRaININg, HaVE º bEgUN TO THINk HaRD abOUT ¸y faTHER’s sUccEss. FOR ¸OsT Of ¸y REsIDENcy, º THOUgHT Of sURgERy as a ¸ORE OR LEss fixED bODy Of kNOwLEDgE aND skILL wHIcH Is acqUIRED IN TRaININg aND pERfEcTED IN pRacTIcE. °ERE was, º THOUgHT, a s¸OOTH, UpwaRD-sLOpINg aRc Of pROficIENcy aT sO¸E RaREfiED sET Of Tasks (fOR ¸E, TakINg OUT gaLLbLaDDERs, cOLON caNcERs, bULLETs, aND appENDIxEs; fOR HI¸, TakINg OUT kIDNEy sTONEs, TEsTIcULaR caNcERs, aND swOLLEN pROsTaTEs). °E aRc wOULD pEak aT, say, TEN OR fiſtEEN yEaRs, pLaTEaU fOR a LONg TI¸E, aND pERHaps TaIL Off a LITTLE IN THE fiNaL fiVE yEaRs bEfORE RETIRE¸ENT. °E REaLITy, HOwEVER, TURNs OUT TO bE faR ¸EssIER. YOU DO gET gOOD aT cERTaIN THINgs, ¸y faTHER TELLs ¸E, bUT NO sOONER DO yOU ¸asTER sO¸ETHINg THaN yOU fiND THaT wHaT yOU kNOw Is OUT¸ODED. µEw TEcHNOLOgIEs aND OpERaTIONs E¸ERgE TO sUppLaNT THE OLD, aND THE LEaRNINg cURVE sTaRTs aLL OVER agaIN. “°REE-qUaRTERs Of wHaT º DO
evruC g n i n r a e L e h T
INg casE. AND If a cENTRaL LINE ¸UsT bE pUT IN, a fiRsT-TI¸ER Is cERTaINLy NOT
TODay º NEVER LEaRNED IN REsIDENcy,” HE says. ±N HIs OwN, fiſty ¸ILEs fRO¸
56
HIs NEaREsT cOLLEagUE—LET aLONE a DOcTOR wHO cOULD TELL HI¸ aNyTHINg LIkE “YOU NEED TO TURN yOUR wRIsT ¸ORE”—HE Has HaD TO LEaRN TO pUT IN pENILE
ednawaG l u t A
pROsTHEsEs, TO pERfOR¸ ¸IcROsURgERy, TO REVERsE VasEcTO¸IEs, TO DO NERVE- spaRINg pROsTaTEcTO¸IEs, TO I¸pLaNT aRTIficIaL URINaRy spHINcTERs. ÁE’s HaD TO LEaRN TO UsE sHOck-waVE LITHOTRIpTERs, ELEcTROHyDRaULIc LITHOTRIpTERs, aND LasER LITHOTRIpTERs (aLL INsTRU¸ENTs fOR bREakINg Up kIDNEy sTONEs); TO DEpLOy ¶OUbLE J URETERaL sTENTs aND SILIcONE FIgURE FOUR COIL sTENTs aND ³ETRO- ºNjEcT MULTI-²ENgTH sTENTs (DON’T EVEN ask); aND TO ¸aNEUVER fibER-OpTIc URETEROscOpEs. ALL THEsE TEcHNOLOgIEs aND TEcHNIqUEs wERE INTRODUcED aſtER HE fiNIsHED TRaININg. SO¸E Of THE pROcEDUREs bUILT ON skILLs HE aLREaDy HaD. MaNy DID NOT. °Is Is THE ExpERIENcE THaT aLL sURgEONs HaVE. °E pacE Of ¸EDIcaL INNOVaTION Has bEEN UNcEasINg, aND sURgEONs HaVE NO cHOIcE bUT TO gIVE THE NEw THINg a TRy. ¹O faIL TO aDOpT NEw TEcHNIqUEs wOULD ¸EaN DENyINg paTIENTs ¸EaNINgfUL ¸EDIcaL aDVaNcEs. YET THE pERILs Of THE LEaRNINg cURVE aRE INEscapabLE—NO LEss IN pRacTIcE THaN IN REsIDENcy. FOR THE EsTabLIsHED sURgEON, INEVITabLy, THE OppORTUNITIEs fOR LEaRNINg aRE faR LEss sTRUcTURED THaN fOR a REsIDENT. WHEN aN I¸pORTaNT NEw DEVIcE OR pROcEDURE cO¸Es aLONg, as HappENs EVERy yEaR, sURgEONs sTaRT by TakINg a cOURsE abOUT IT—TypIcaLLy a Day OR TwO Of LEcTUREs by sO¸E sURgIcaL gRaNDEEs wITH a fEw fiL¸ cLIps aND sTEp-by-sTEp HaNDOUTs. YOU TakE HO¸E a VIDEO TO waTcH. PERHaps yOU pay a VIsIT TO ObsERVE a cOLLEagUE pERfOR¸ THE OpERaTION—¸y faTHER OſtEN gOEs Up TO THE CLEVELaND CLINIc fOR THIs. BUT THERE’s NOT ¸UcH by way Of HaNDs-ON TRaININg. ·NLIkE a REsIDENT, a VIsITOR caNNOT scRUb IN ON casEs, aND OppORTUNITIEs TO pRacTIcE ON aNI¸aLs OR caDaVERs aRE fEw aND faR bETwEEN. (BRITaIN, bEINg BRITaIN, acTUaLLy baNs sURgEONs fRO¸ pRacTIcINg ON aNI¸aLs.) WHEN THE pULsE-DyE LasER ca¸E OUT, THE ¸aNUfacTURER sET Up a Lab IN COLU¸bUs wHERE UROLOgIsTs fRO¸ THE aREa cOULD gaIN ExpERIENcE. BUT wHEN ¸y faTHER wENT THERE THE ¸aIN ExpERIENcE pROVIDED was DEsTROyINg kIDNEy sTONEs IN TEsT TUbEs fiLLED wITH a URINELIkE LIqUID aND TRyINg TO pENETRaTE THE sHELL Of aN Egg wITHOUT HITTINg THE ¸E¸bRaNE UNDERNEaTH. My sURgERy DEpaRT¸ENT REcENTLy bOUgHT a RObOTIc sURgERy DEVIcE—a sTaggERINgLy sOpHIsTIcaTED $980,000 RObOT wITH THREE aR¸s, TwO wRIsTs, aND a ca¸ERa, aLL ¸ILLI¸ETREs IN DIa¸ETER, wHIcH, cONTROLLED fRO¸ a cONsOLE, aLLOws a sURgEON TO DO aL¸OsT aNy OpERaTION wITH NO HaND TRE¸OR aND wITH ONLy TINy INcIsIONs. A TEa¸ Of TwO sURgEONs aND TwO NURsEs flEw OUT TO THE ¸aNUfacTURER’s HEaDqUaRTERs, IN MOUNTaIN ÂIEw, CaLIfORNIa, fOR a fULL Day Of TRaININg ON THE ¸acHINE. AND THEy DID gET TO pRacTIcE ON a pIg aND ON a HU¸aN caDaVER.
(°E cO¸paNy appaRENTLy bUys THE caDaVERs fRO¸ THE cITy Of SaN FRaNcIscO.) BUT EVEN THIs was HaRDLy THOROUgH TRaININg. °Ey LEaRNED ENOUgH TO gRasp
57
UNDERsTaND HOw TO pLaN aN OpERaTION. °aT was abOUT IT. SOONER OR LaTER, yOU jUsT HaVE TO gO HO¸E aND gIVE THE THINg a TRy ON sO¸EONE. PaTIENTs DO EVENTUaLLy bENEfiT—OſtEN ENOR¸OUsLy—bUT THE fiRsT fEw paTIENTs ¸ay NOT, aND ¸ay EVEN bE HaR¸ED. CONsIDER THE ExpERIENcE REpORTED by THE pEDIaTRIc caRDIac-sURgERy UNIT Of THE RENOwNED GREaT ±R¸OND STREET ÁOspITaL, IN ²ONDON, as DETaILED IN THE British Medical Journal LasT ApRIL. °E DOcTORs DEscRIbED THEIR REsULTs fRO¸ 325 cONsEcUTIVE OpERaTIONs bETwEEN 1978 aND 1998 ON babIEs wITH a sEVERE HEaRT DEfEcT kNOwN as TRaNspOsITION Of THE gREaT aRTERIEs. SUcH cHILDREN aRE bORN wITH THEIR HEaRT’s OUTflOw VEssELs TRaNspOsED: THE aORTa E¸ERgEs fRO¸ THE RIgHT sIDE Of THE HEaRT INsTEaD Of THE LEſt aND THE aRTERy TO THE LUNgs E¸ERgEs fRO¸ THE LEſt INsTEaD Of THE RIgHT. As a REsULT, bLOOD cO¸INg IN Is pU¸pED RIgHT back OUT TO THE bODy INsTEaD Of fiRsT TO THE LUNgs, wHERE IT caN bE OxygENaTED. °E babIEs DIED bLUE, faTIgUED, NEVER kNOwINg wHaT IT was TO gET ENOUgH bREaTH. FOR yEaRs, IT wasN’T TEcHNIcaLLy fEasIbLE TO swITcH THE VEssELs TO THEIR pROpER pOsITIONs. ºNsTEaD, sURgEONs DID sO¸ETHINg kNOwN as THE SENNINg pROcEDURE: THEy cREaTED a passagE INsIDE THE HEaRT TO LET bLOOD fRO¸ THE LUNgs cROss backwaRD TO THE RIgHT HEaRT. °E SENNINg pROcEDURE aLLOwED cHILDREN TO LIVE INTO aDULTHOOD. °E wEakER RIgHT HEaRT, HOwEVER, caNNOT sUsTaIN THE bODy’s ENTIRE bLOOD flOw as LONg as THE LEſt. ´VENTUaLLy, THEsE paTIENTs’ HEaRTs faILED, aND aLTHOUgH ¸OsT sURVIVED TO aDULTHOOD, fEw LIVED TO OLD agE. By THE 1980s, a sERIEs Of TEcHNOLOgIcaL aDVaNcEs ¸aDE IT pOssIbLE TO DO a swITcH OpERaTION safELy, aND THIs bEca¸E THE faVORED pROcEDURE. ºN 1986, THE GREaT ±R¸OND STREET sURgEONs ¸aDE THE cHaNgEOVER THE¸sELVEs, aND THEIR REpORT sHOws THaT IT was UNqUEsTIONabLy aN I¸pROVE¸ENT. °E aNNUaL DEaTH RaTE aſtER a sUccEssfUL swITcH pROcEDURE was LEss THaN a qUaRTER THaT Of THE SENNINg, REsULTINg IN a LIfE ExpEcTaNcy Of 63 yEaRs INsTEaD Of 47. BUT THE pRIcE Of LEaRNINg TO DO IT was appaLLINg. ºN THEIR fiRsT 70 swITcH OpERaTIONs, THE DOcTORs HaD a 25 pERcENT sURgIcaL DEaTH RaTE, cO¸paRED wITH jUsT 6 pERcENT wITH THE SENNINg pROcEDURE. ´IgHTEEN babIEs DIED, ¸ORE THaN TwIcE THE NU¸bER DURINg THE ENTIRE SENNINg ERa. ±NLy wITH TI¸E DID THEy ¸asTER IT: IN THEIR NExT 100 swITcH OpERaTIONs, fiVE babIEs DIED. As paTIENTs, wE waNT bOTH ExpERTIsE aND pROgREss; wE DON’T waNT TO ackNOwLEDgE THaT THEsE aRE cONTRaDIcTORy DEsIREs. ºN THE wORDs Of ONE BRITIsH pUbLIc REpORT, “°ERE sHOULD bE NO LEaRNINg cURVE as faR as paTIENT safETy Is cONcERNED.” BUT THIs Is ENTIRELy wIsHfUL THINkINg.
evruC g n i n r a e L e h T
THE pRINcIpLEs Of UsINg THE RObOT, TO sTaRT gETTINg a fEEL fOR UsINg IT, aND TO
³EcENTLy, a gROUp Of ÁaRVaRD BUsINEss ScHOOL REsEaRcHERs wHO HaVE
58
¸aDE a spEcIaLTy Of sTUDyINg LEaRNINg cURVEs IN INDUsTRy DEcIDED TO Exa¸INE LEaRNINg cURVEs a¸ONg sURgEONs INsTEaD Of IN sE¸IcONDUcTOR ¸aNUfacTURE OR
ednawaG l u t A
aIRpLaNE cONsTRUcTION, OR aNy Of THE UsUaL fiELDs THEIR cOLLEagUEs Exa¸INE. °Ey fOLLOwED EIgHTEEN caRDIac sURgEONs aND THEIR TEa¸s as THEy TOOk ON THE NEw TEcHNIqUE Of ¸INI¸aLLy INVasIVE caRDIac sURgERy. °Is sTUDy, º was sURpRIsED TO DIscOVER, Is THE fiRsT Of ITs kIND. ²EaRNINg Is UbIqUITOUs IN ¸EDIcINE, aND yET NO ONE HaD EVER cO¸paRED HOw wELL DIffERENT TEa¸s acTUaLLy DO IT. °E NEw HEaRT OpERaTION—IN wHIcH NEw TEcHNOLOgIEs aLLOw a sURgEON TO OpERaTE THROUgH a s¸aLL INcIsION bETwEEN RIbs INsTEaD Of spLITTINg THE cHEsT OpEN DOwN THE ¸IDDLE—pROVED sUbsTaNTIaLLy ¸ORE DIfficULT THaN THE cONVENTIONaL ONE. BEcaUsE THE INcIsION Is TOO s¸aLL TO aD¸IT THE UsUaL TUbEs aND cLa¸ps fOR REROUTINg bLOOD TO THE HEaRT-bypass ¸acHINE, sURgEONs HaD TO LEaRN a TRIckIER ¸ETHOD, wHIcH INVOLVED baLLOONs aND caTHETERs pLacED THROUgH gROIN VEssELs. AND THE NURsEs, aNEsTHEsIOLOgIsTs, aND pERfUsIONIsTs aLL HaD NEw ROLEs TO ¸asTER. As yOU’D ExpEcT, EVERyONE ExpERIENcED a sUbsTaNTIaL LEaRNINg cURVE. WHEREas a fULLy pROficIENT TEa¸ TakEs THREE TO sIx HOURs fOR sUcH aN OpERaTION, THEsE TEa¸s TOOk ON aVERagE THREE TI¸Es as LONg fOR THEIR EaRLy casEs. °E REsEaRcHERs cOULD NOT TRack cO¸pLIcaTION RaTEs IN DETaIL, bUT IT wOULD bE fOOLIsH TO I¸agINE THaT THEy wERE NOT affEcTED. WHaT’s ¸ORE, THE REsEaRcHERs fOUND sTRIkINg DIspaRITIEs IN THE spEED wITH wHIcH DIffERENT TEa¸s LEaRNED. ALL TEa¸s ca¸E fRO¸ HIgHLy REspEcTED INsTITUTIONs wITH ExpERIENcE IN aDOpTINg INNOVaTIONs aND REcEIVED THE sa¸E THREE- Day TRaININg sEssION. YET, IN THE cOURsE Of 50 casEs, sO¸E TEa¸s ¸aNagED TO HaLVE THEIR OpERaTINg TI¸E wHILE OTHERs I¸pROVED HaRDLy aT aLL. PRacTIcE, IT TURNED OUT, DID NOT NEcEssaRILy ¸akE pERfEcT. °E cRUcIaL VaRIabLE was how THE sURgEONs aND THEIR TEa¸s pRacTIcED. ³IcHaRD BOH¸ER, THE ONLy pHysIcIaN a¸ONg THE ÁaRVaRD REsEaRcHERs, ¸aDE sEVERaL VIsITs TO ObsERVE ONE Of THE qUIckEsT-LEaRNINg TEa¸s aND ONE Of THE sLOwEsT, aND HE was sTaRTLED by THE cONTRasT. °E sURgEON ON THE fasT- LEaRNINg TEa¸ was acTUaLLy qUITE INExpERIENcED cO¸paRED wITH THE ONE ON THE sLOw-LEaRNINg TEa¸. BUT HE ¸aDE sURE TO pIck TEa¸ ¸E¸bERs wITH wHO¸ HE HaD wORkED wELL bEfORE aND TO kEEp THE¸ TOgETHER THROUgH THE fiRsT 15 casEs bEfORE aLLOwINg aNy NEw ¸E¸bERs. ÁE HaD THE TEa¸ gO THROUgH a DRy RUN bEfORE THE fiRsT casE, THEN DELIbERaTELy scHEDULED sIx OpERaTIONs IN THE fiRsT wEEk, sO LITTLE wOULD bE fORgOTTEN IN bETwEEN. ÁE cONVENED THE TEa¸ bEfORE EacH casE TO DIscUss IT IN DETaIL aND aſtERwaRD TO DEbRIEf. ÁE ¸aDE sURE REsULTs wERE TRackED caREfULLy. AND BOH¸ER NOTIcED THaT THE sURgEON was NOT THE sTEREOTypIcaL µapOLEON wITH a kNIfE. ·NbIDDEN, HE TOLD BOH¸ER,
“°E sURgEON NEEDs TO bE wILLINg TO aLLOw HI¸sELf TO bEcO¸E a paRTNER [wITH THE REsT Of THE TEa¸] sO HE caN accEpT INpUT.” AT THE OTHER HOspITaL, by cON-
59
kEEp IT TOgETHER. ºN THE fiRsT sEVEN casEs, THE TEa¸ HaD DIffERENT ¸E¸bERs EVERy TI¸E, wHIcH Is TO say THaT IT was NO TEa¸ aT aLL. AND THE sURgEON HaD NO pRE-bRIEfiNgs, NO DEbRIEfiNgs, NO TRackINg Of ONgOINg REsULTs. °E ÁaRVaRD BUsINEss ScHOOL sTUDy OffERED sO¸E HOpEfUL NEws. WE caN DO THINgs THaT HaVE a DRa¸aTIc EffEcT ON OUR RaTE Of I¸pROVE¸ENT—LIkE bEINg ¸ORE DELIbERaTE abOUT HOw wE TRaIN, aND abOUT TRackINg pROgREss, wHETHER wITH sTUDENTs aND REsIDENTs OR wITH sENIOR sURgEONs aND NURsEs. BUT THE sTUDy’s OTHER I¸pLIcaTIONs aRE LEss REassURINg. µO ¸aTTER HOw accO¸pLIsHED, sURgEONs TRyINg sO¸ETHINg NEw gOT wORsE bEfORE THEy gOT bETTER, aND THE LEaRNINg cURVE pROVED LONgER, aND was affEcTED by a faR ¸ORE cO¸pLIcaTED RaNgE Of facTORs, THaN aNyONE HaD REaLIzED. °Is, º sUspEcT, Is THE REasON fOR THE pHysIcIaN’s DODgE: THE “º jUsT assIsT” Rap; THE “WE HaVE a NEw pROcEDURE fOR THIs THaT yOU aRE pERfEcT fOR” spEEcH; THE “YOU NEED a cENTRaL LINE” wITHOUT THE “º a¸ sTILL LEaRNINg HOw TO DO THIs.” SO¸ETI¸Es wE DO fEEL ObLIgED TO aD¸IT wHEN wE’RE DOINg sO¸ETHINg fOR THE fiRsT TI¸E, bUT EVEN THEN wE TEND TO qUOTE THE pUbLIsHED cO¸pLIcaTION RaTEs Of ExpERIENcED sURgEONs. ¶O wE EVER TELL paTIENTs THaT, bEcaUsE wE aRE sTILL NEw aT sO¸ETHINg, THEIR RIsks wILL INEVITabLy bE HIgHER, aND THaT THEy’D LIkELy DO bETTER wITH DOcTORs wHO aRE ¸ORE ExpERIENcED? ¶O wE EVER say THaT wE NEED THE¸ TO agREE TO IT aNyway? º’VE NEVER sEEN IT. GIVEN THE sTakEs, wHO IN HIs RIgHT ¸IND wOULD agREE TO bE pRacTIcED UpON? MaNy DIspUTE THIs pREsU¸pTION: “²OOk, ¸OsT pEOpLE UNDERsTaND wHaT IT Is TO bE a DOcTOR,” a HEaLTH pOLIcy ExpERT INsIsTED, wHEN º VIsITED HI¸ IN HIs OfficE NOT LONg agO. “WE HaVE TO sTOp LyINg TO OUR paTIENTs. CaN pEOpLE TakE ON cHOIcEs fOR sOcIETaL bENEfiT?” ÁE paUsED aND THEN aNswERED HIs qUEsTION. “YEs,” HE saID fiR¸Ly. ºT wOULD cERTaINLy bE a gRacEfUL aND Happy sOLUTION. WE’D ask paTIENTs— HONEsTLy, OpENLy—aND THEy’D say yEs. ÁaRD TO I¸agINE, THOUgH. º NOTIcED ON THE ExpERT’s DEsk a pIcTURE Of HIs cHILD, bORN jUsT a fEw ¸ONTHs bEfORE, aND a cO¸pLETELy UNfaIR qUEsTION pOppED INTO ¸y ¸IND. “SO DID yOU LET THE REsIDENT DELIVER?” º askED. °ERE was sILENcE fOR a ¸O¸ENT. “µO,” HE aD¸ITTED. “WE DIDN’T EVEN aLLOw REsIDENTs IN THE ROO¸.” ±NE REasON º DOUbT wHETHER wE cOULD sUsTaIN a sysTE¸ Of ¸EDIcaL TRaININg THaT DEpENDED ON pEOpLE sayINg “YEs, yOU caN pRacTIcE ON ¸E” Is THaT º ¸ysELf HaVE saID NO. WHEN ¸y ELDEsT cHILD, WaLkER, was 11 Days OLD, HE
evruC g n i n r a e L e h T
TRasT, THE sURgEON cHOsE HIs OpERaTINg TEa¸ aL¸OsT RaNDO¸Ly aND DID NOT
sUDDENLy wENT INTO cONgEsTIVE HEaRT faILURE fRO¸ wHaT pROVED TO bE a sEVERE
60
caRDIac DEfEcT. ÁIs aORTa was NOT TRaNspOsED, bUT a LONg sEg¸ENT Of IT HaD faILED TO gROw aT aLL. My wIfE aND º wERE bEsIDE OURsELVEs wITH fEaR—HIs kID-
ednawaG l u t A
NEys aND LIVER bEgaN faILINg, TOO—bUT HE ¸aDE IT TO sURgERy, THE REpaIR was a sUccEss, aND aLTHOUgH HIs REcOVERy was ERRaTIc, aſtER TwO aND a HaLf wEEks HE was REaDy TO cO¸E HO¸E. WE wERE by NO ¸EaNs IN THE cLEaR, HOwEVER. ÁE was bORN a HEaLTHy sIx pOUNDs pLUs bUT NOw, a ¸ONTH OLD, HE wEIgHED ONLy fiVE, aND wOULD NEED sTRIcT ¸ONITORINg TO INsURE THaT HE gaINED wEIgHT. ÁE was ON TwO caRDIac ¸EDIcaTIONs fRO¸ wHIcH HE wOULD HaVE TO bE wEaNED. AND IN THE LONgER TER¸, THE DOcTORs waRNED Us, HIs REpaIR wOULD pROVE INaDEqUaTE. As WaLkER gREw, HIs aORTa wOULD REqUIRE EITHER DILaTION wITH a baLLOON OR REpLacE¸ENT by sURgERy. °Ey cOULD NOT say pREcIsELy wHEN aND HOw ¸aNy sUcH pROcEDUREs wOULD bE NEcEssaRy OVER THE yEaRs. A pEDIaTRIc caRDIOLOgIsT wOULD HaVE TO fOLLOw HI¸ cLOsELy aND DEcIDE. WaLkER was abOUT TO bE DIscHaRgED, aND wE HaD NOT INDIcaTED wHO THaT caRDIOLOgIsT wOULD bE. ºN THE HOspITaL, HE HaD bEEN caRED fOR by a fULL TEa¸ Of caRDIOLOgIsTs, RaNgINg fRO¸ fELLOws IN spEcIaLTy TRaININg TO aTTENDINgs wHO HaD pRacTIcED fOR DEcaDEs. °E Day bEfORE wE TOOk WaLkER HO¸E, ONE Of THE yOUNg fELLOws appROacHED ¸E, OffERINg HIs caRD aND sUggEsTINg a TI¸E TO bRINg WaLkER TO sEE HI¸. ±f THOsE ON THE TEa¸, HE HaD pUT IN THE ¸OsT TI¸E caRINg fOR WaLkER. ÁE saw WaLkER wHEN wE bROUgHT HI¸ IN INExpLIcabLy sHORT Of bREaTH, ¸aDE THE DIagNOsIs, gOT WaLkER THE DRUgs THaT sTabILIzED HI¸, cOORDINaTED wITH THE sURgEONs, aND ca¸E TO sEE Us TwIcE a Day TO aNswER OUR qUEsTIONs. MOREOVER, º kNEw, THIs was HOw fELLOws aLways gOT THEIR paTIENTs. MOsT fa¸ILIEs DON’T kNOw THE sUbTLE gRaDaTIONs a¸ONg pLayERs, aND aſtER a TEa¸ Has saVED THEIR cHILD’s LIfE THEy TakE wHaTEVER appOINT¸ENT THEy’RE HaNDED. BUT º kNEw THE DIffERENcEs. “º’¸ afRaID wE’RE THINkINg Of sEEINg ¶R. µEwbURgER,” º saID. SHE was THE HOspITaL’s assOcIaTE caRDIOLOgIsT-IN-cHIEf, aND a pUbLIsHED ExpERT ON cONDITIONs LIkE WaLkER’s. °E yOUNg pHysIcIaN LOOkED cREsTfaLLEN. ºT was NOTHINg agaINsT HI¸, º saID. SHE jUsT HaD ¸ORE ExpERIENcE, THaT was aLL. “YOU kNOw, THERE Is aLways aN aTTENDINg backINg ¸E Up,” HE saID. º sHOOk ¸y HEaD. º kNOw THIs was NOT faIR. My sON HaD aN UNUsUaL pRObLE¸. °E fELLOw NEEDED THE ExpERIENcE. As a REsIDENT, º Of aLL pEOpLE sHOULD HaVE UNDERsTOOD THIs. BUT º was NOT TORN abOUT THE DEcIsION. °Is was ¸y cHILD. GIVEN a cHOIcE, º wILL aLways cHOOsE THE bEsT caRE º caN fOR HI¸. ÁOw caN aNybODy
bE ExpEcTED TO DO OTHERwIsE? CERTaINLy, THE fUTURE Of ¸EDIcINE sHOULD NOT RELy ON IT.
61
sTay—ON ¸aNy OccasIONs, NOw THaT º THINk back ON IT. A REsIDENT INTUbaTED HI¸. A sURgIcaL TRaINEE scRUbbED IN fOR HIs OpERaTION. °E caRDIOLOgy fELLOw pUT IN ONE Of HIs cENTRaL LINEs. ºf º HaD THE OpTION TO HaVE sO¸EONE ¸ORE ExpERIENcED, º wOULD HaVE TakEN IT. BUT THIs was sI¸pLy HOw THE sysTE¸ wORkED—NO sUcH cHOIcEs wERE OffERED—aND sO º wENT aLONg. °E aDVaNTagE Of THIs cOLDHEaRTED ¸acHINERy Is NOT ¸ERELy THaT IT gETs THE LEaRNINg DONE. ºf LEaRNINg Is NEcEssaRy bUT caUsEs HaR¸, THEN abOVE aLL IT OUgHT TO appLy TO EVERyONE aLIkE. GIVEN a cHOIcE, pEOpLE wRIggLE OUT, aND sUcH cHOIcEs aRE NOT OffERED EqUaLLy. °Ey bELONg TO THE cONNEcTED aND THE kNOwLEDgEabLE, TO INsIDERs OVER OUTsIDERs, TO THE DOcTOR’s cHILD bUT NOT THE TRUck DRIVER’s. ºf EVERyONE caNNOT HaVE a cHOIcE, ¸aybE IT Is bETTER If NO ONE caN. ºT Is 2 ¿.m. º a¸ IN THE INTENsIVE-caRE UNIT. A NURsE TELLs ¸E MR. G.’s cENTRaL LINE Has cLOTTED Off. MR. G. Has bEEN IN THE HOspITaL fOR ¸ORE THaN a ¸ONTH NOw. ÁE Is IN HIs LaTE sIxTIEs, fRO¸ SOUTH BOsTON, E¸acIaTED, ExHaUsTED, HOLDINg ON by a THREaD—OR a LINE, TO bE pREcIsE. ÁE Has sEVERaL HOLEs IN HIs s¸aLL bOwEL, aND THE bILIOUs cONTENTs LEak OUT ONTO HIs skIN THROUgH TwO s¸aLL REDDENED OpENINgs IN THE cONcaVITy Of HIs abDO¸EN. ÁIs ONLy cHaNcE Is TO bE fED by VEIN aND waIT fOR THEsE fisTULaE TO HEaL. ÁE NEEDs a NEw cENTRaL LINE. º cOULD DO IT, º sUppOsE. º a¸ THE ExpERIENcED ONE NOw. BUT ExpERIENcE bRINgs a NEw ROLE: º a¸ ExpEcTED TO TEacH THE pROcEDURE INsTEaD. “SEE ONE, DO ONE, TEacH ONE,” THE sayINg gOEs, aND IT Is ONLy HaLf IN jEsT. °ERE Is a jUNIOR REsIDENT ON THE sERVIcE. SHE Has DONE ONLy ONE OR TwO LINEs bEfORE. º TELL HER abOUT MR. G. º ask HER If sHE Is fREE TO DO a NEw LINE. SHE ¸IsINTERpRETs THIs as a qUEsTION. SHE says sHE sTILL Has paTIENTs TO sEE aND a casE cO¸INg Up LaTER. COULD º DO THE LINE? º TELL HER NO. SHE Is UNabLE TO HIDE a gRI¸acE. SHE Is bURDENED, as º was bURDENED, aND pERHaps fRIgHTENED, as º was fRIgHTENED. SHE bEgINs TO fOcUs wHEN º ¸akE HER TaLk THROUgH THE sTEps—a kIND Of DRy RUN, º figURE. SHE HITs NEaRLy aLL THE sTEps, bUT fORgETs abOUT cHEckINg THE Labs aND abOUT MR. G.’s NasTy aLLERgy TO HEpaRIN, wHIcH Is IN THE flUsH fOR THE LINE. º ¸akE sURE sHE REgIsTERs THIs, THEN TELL HER TO gET sET Up aND pagE ¸E. º a¸ sTILL aDjUsTINg TO THIs ROLE. ºT Is paINfUL ENOUgH TakINg REspONsIbILITy fOR ONE’s OwN faILUREs. BEINg HaND¸aIDEN TO aNOTHER’s Is sO¸ETHINg ELsE ENTIRELy. ºT OccURs TO ¸E THaT º cOULD HaVE bROkEN OpEN a kIT aND HaD HER DO
evruC g n i n r a e L e h T
ºN a sENsE, THEN, THE pHysIcIaN’s DODgE Is INEVITabLE. ²EaRNINg ¸UsT bE sTOLEN, TakEN as a kIND Of bODILy E¸INENT DO¸aIN. AND IT was, DURINg WaLkER’s
aN acTUaL DRy RUN. °EN agaIN ¸aybE º caN’T. °E kITs ¸UsT cOsT a cOUpLE Of
62
HUNDRED DOLLaRs EacH. º’LL HaVE TO fiND OUT fOR THE NExT TI¸E. ÁaLf aN HOUR LaTER, º gET THE pagE. °E paTIENT Is DRapED. °E REsIDENT Is IN
ednawaG l u t A
HER gOwN aND gLOVEs. SHE TELLs ¸E THaT sHE Has saLINE TO flUsH THE LINE wITH aND THaT HIs Labs aRE fiNE. “ÁaVE yOU gOT THE TOwEL ROLL?” º ask. SHE fORgOT THE TOwEL ROLL. º ROLL Up a TOwEL aND sLIp IT bENEaTH MR. G.’s back. º ask HI¸ If HE’s aLL RIgHT. ÁE NODs. AſtER aLL HE’s bEEN THROUgH, THERE Is ONLy REsIgNaTION IN HIs EyEs. °E jUNIOR REsIDENT pIcks OUT a spOT fOR THE sTIck. °E paTIENT Is HaUNTINgLy THIN. º sEE EVERy RIb aND fEaR THaT THE REsIDENT wILL pUNcTURE HIs LUNg. SHE INjEcTs THE NU¸bINg ¸EDIcaTION. °EN sHE pUTs THE bIg NEEDLE IN, aND THE aNgLE LOOks aLL wRONg. º ¸OTION fOR HER TO REpOsITION. °Is ONLy ¸akEs HER ¸ORE UNcERTaIN. SHE pUsHEs IN DEEpER aND º kNOw sHE DOEs NOT HaVE IT. SHE DRaws back ON THE syRINgE: NO bLOOD. SHE TakEs OUT THE NEEDLE aND TRIEs agaIN. AND agaIN THE aNgLE LOOks wRONg. °Is TI¸E, MR. G. fEELs THE jab aND jERks Up IN paIN. º HOLD HIs aR¸. SHE gIVEs HI¸ ¸ORE NU¸bINg ¸EDIcaTION. ºT Is aLL º caN DO NOT TO TakE OVER. BUT sHE caNNOT LEaRN wITHOUT DOINg, º TELL ¸ysELf. º DEcIDE TO LET HER HaVE ONE ¸ORE TRy.
´he ³eRfecT Code Terrence Holt
A faINT cLIck OpENs THE aIR. A DIsE¸bODIED VOIcE caLLs OUT, “ADULT CODE 100, ADULT CODE 100, 5 ´asT. ADULT CODE 100, 5 ´asT.” ±R IT ¸IgHT bE “CODE BLUE, CODE BLUE 3C, CODE BLUE 3C.” FRO¸ pLacE TO pLacE THE wORDINg VaRIEs, bUT THE ¸EssagE THINLy HIDDEN IN THE cODE Is aLways THE sa¸E: sO¸EwHERE IN THE HOspITaL, sO¸EONE Is DyINg. °E NaTURE Of THE E¸ERgENcy VaRIEs as wELL. ÁEaRTs sTOp. ÂITaL sIgNs DROOp. WE gIVE Up THE gHOsT. BUT wHaTEVER THE NaTURE Of THE E¸ERgENcy, THE REspONsE Is THE sa¸E: fRO¸ aLL OVER THE HOspITaL THE cODE TEa¸ cO¸Es RUNNINg, aND THE aTTE¸pT aT REsUscITaTION bEgINs. °E TEa¸ Is aN INVENTION Of THE 1960s, wHEN EVIDENcE bEgaN TO sUggEsT THaT pEOpLE sUffERINg caRDIOpUL¸ONaRy aRREsT HaD a ¸UcH bETTER cHaNcE Of sURVIVINg If ORgaNIzED HELp REacHED THE¸ wITHIN TwO ¸INUTEs. °E “cODE” paRT was a REspONsE TO pUbLIc RELaTIONs cONcERNs THaT THE LaITy ¸IgHT bE UpsET by aNNOUNcE¸ENTs Of “CaRDIac aRREsT ON 4 µORTH.” ÁENcE THE “CODE”—100, bLUE, pIck yOUR ¸EaNINgLEss TER¸. °aNks TO TELEVIsION, º DOUbT aNyONE Is TakEN IN by IT THEsE Days. BUT IT aDDs aNOTHER ELE¸ENT Of INsIDER sTaTUs TO a cULTURE THaT VaLUEs THaT sORT Of THINg. ¶EspITE bEINg NO sEcRET TO aNyONE, THE cODE sTILL HOLDs ITs ¸ysTERIEs. º’¸ NOT sURE, sTILL, jUsT wHaT º HaVE LEaRNED by RUNNINg TO sO ¸aNy cODEs. BUT THE ExpERIENcE HaUNTs ¸E, LONg aſtER THE facT. As If, sO¸EwHERE IN THE TaNgLE Of TUbEs aND wIREs, kNOTTED sHEETs, BETaDINE, aND bLOOD, º LOsT TRack Of sO¸ETHINg I¸pORTaNT. ²IsTEN.
ºN THE HOspITaL wHERE º wORk, cODEs gO sO¸ETHINg LIkE THIs. A NURsE fiNDs a paTIENT sLU¸pED OVER IN bED. °E NURsE caLLs HER Na¸E. µO aNswER. °E NURsE
¹ERRENcE ÁOLT, “°E PERfEcT CODE,” fRO¸ Internal Medicine: A Doctor’s Stories, by ¹ERRENcE ÁOLT. © 2014 by ¹ERRENcE ÁOLT. ³EpRINTED by pER¸IssION Of ²IVERIgHT PUbLIsHINg CORpORaTION, a DIVIsION Of W. W. µORTON.
sHakEs HER. µO aNswER. ÁaRDER. STILL NO aNswER. °E NURsE sTEps TO THE DOOR
64
aND caLLs, IN TONEs THaT RIsE aT EacH syLLabLE, “º NEED sO¸E HELp HERE.” °E REsT Of THE NURsEs ON THE flOOR cONVERgE. WITHIN a ¸INUTE, EVERy bysTaNDER wITHIN
tloH e c n e r r e T
HEaRINg Is gaTHERED aT THE DOOR. ºN THE basE¸ENT Of THE HOspITaL, a HOspITaL OpERaTOR LIsTENs INTENTLy TO HER HEaDsET. SHE flIps a swITcH, aND a faINT cLIck OpENs THE HOspITaL TO THE ¸IcROpHONE ON HER cONsOLE. “ADULT CODE 100, 6 SOUTH. ADULT CODE 100, 6 SOUTH.” °E ¸EssagE gOEs OUT ON THE HOspITaL ¿¾ sysTE¸, HER bODILEss VOIcE fiLLINg THE HaLLways. ºT aLsO gOEs OUT TO a sysTE¸ Of aNTIqUE VOIcE pagERs, fRO¸ wHIcH THE OpERaTOR’s ¸EasURED wORDs E¸ERgE as INaRTIcULaTE sqUEaLINg. °E pagERs aRE LaRgELy backUp, IN casE sO¸E ¸E¸bER Of THE TEa¸ Is, say, IN THE baTHROO¸, OR OTHERwIsE OUT Of REacH Of THE ¿¾ sysTE¸. °E TEa¸ cONsIsTs Of EIgHT OR NINE pEOpLE: REspIRaTORy TEcHs, aNEsTHEsIOLOgIsTs, pHaR¸acIsTs, aND THE REsIDENTs ON caLL fOR THE caRDIac i»u. ±N HEaRINg THE sU¸¸ONs, THE REsIDENTs DROp wHaTEVER THEy aRE DOINg aND spRINT. PEOpLE RUNNINg fULL-TILT IN a HOspITaL Is UNaVOIDabLy a spEcTacLE. ºN THEIR VOLU¸INOUs wHITE cOaTs, fRO¸ wHOsE pOckETs faLL sTETHOscOpEs, pENLIgHTs, REflEx Ha¸¸ERs, eÊÇ caLIpERs, TUNINg fORks, baLLpOINT pENs (THEsE cLaTTER acROss THE flOORs, TO bE scOOpED Up by THE ¸EDIcaL sTUDENT wHO fOLLOws bEHIND), THE ¸EDIcaL TEa¸’s passINg Is a cURIOUs cO¸bINaTION Of HIgH DRa¸a aND bURLEsqUE. °E ¸EDIcaL TEa¸ aRRIVEs ON a scENE Of BEDLa¸. °E ROO¸ Is sO cROwDED wITH NURsEs, »n¾s, jaNITORs, aND ¸IscELLaNEOUs ONLOOkERs THaT IT caN bE pHysIcaLLy I¸pOssIbLE TO ENTER. SHOULDERINg yOUR way THROUgH THE ¸Ob aT THE DOOR, yOU aRE sTOppED by a cROwD aROUND THE bED; THE cRasH caRT, a ROLLINg RED ¸ETaL SEaRs ³OEbUck TOOLcHEsT, Is aLsO IN THE way, ITs OpEN DRawERs a ¸ENacE TO kNEEs aND ELbOws. °ERE aRE wIREs DRapED fRO¸ THE cRasH caRT, aND TUbINg EVERywHERE. AT THE cENTER Of aLL THIs LIEs THE paTIENT, THE ONLy ONE IN THE ROO¸ wHO IsN’T sHOUTINg. SHE DOEsN’T ¸OVE aT aLL. °Is TI¸E IT Is aN ELDERLy wO¸aN, fRaIL TO THE pOINT Of wasTINg; HER RIbs aRcH abOVE HER HOLLOw bELLy. ÁER EyEs aRE HaLf OpEN, HER jaw Is sLack, pINk TONgUE pROTRUDINg sLIgHTLy. ÁER gOwN aND THE bEDDINg aRE TaNgLED IN a ¸ass aT THE fOOT Of THE bED; aT a gLaNcE yOU TakE IN THE OLD ¸asTEcTO¸y scaR, THE scapHOID abDO¸EN, THE gRay TUſt bETwEEN HER LEgs. AT THE HEaD Of THE bED, a NURsE Is pREssINg a ¸ask OVER HER facE, sqUEEzINg OxygEN THROUgH a LaRgE bag; THE wO¸aN’s cHEEks pUff OUT wITH EacH sqUEEzE, wHIcH IsN’T RIgHT. ANOTHER NURsE Is cO¸pREssINg THE cHEsT, NOT HaRD ENOUgH. YOU sHOULDER HER asIDE aND pREss TwO fiNgERs UNDER THE aNgLE Of THE jaw. µOTHINg. A qUIck LIsTEN aT HER cHEsT: ONLy THE HUbbUb IN THE ROO¸,
DULLED by sILENT flEsH. PILE THE HEELs Of bOTH HaNDs OVER HER bREasTbONE aND sTaRT TO pUsH: THE bED ROLLs away. FaLLINg HaLf ONTO THE paTIENT, yOU HOLLER
65
“¶OEs aNyONE HaVE THE cHaRT?” A NURsE NEaR THE DOOR HOIsTs a THIck bROwN bINDER, passINg IT OVER THE HEaDs ja¸¸INg THE ROO¸. “CODE sTaTUs,” yOU bawL OUT. “FULL cODE,” THE NURsE bawLs back. YOU REpOsITION yOUR HaNDs aND pUsH DOwN ON HER bREasTbONE. “WHy’s sHE HERE?” °ERE Is a paLpabLE cRUNcH as HER RIbs sEpaRaTE fRO¸ HER sTERNU¸. “METasTaTIc bREasT caNcER,” THE NURsE caLLs, flIppINg pagEs IN THE cHaRT. “AD¸ITTED fOR paIN cONTROL.” YOU LIgHTEN Up THE pREssURE aND cONTINUE TO pUsH, RHyTH¸IcaLLy, fasT. YOU LOOk aROUND, TRyINg TO pIck OUT fRO¸ THE ¸ass Of ExcITED bysTaNDERs THE pEOpLE wHO bELONg; THE backgROUND Is a wEIRD fRIEzE Of facEs aND LI¸bs REacHINg, pOINTINg, gEsTIcULaTINg, ¸OUTHs OpEN. °E NOIsE Is I¸¸ENsE. ±N THE OppOsITE sIDE Of THE bED yOU sEE ONE Of THE REspIRaTORy TEcHs Has aRRIVED. “AIRway,” yOU sHOUT, aND THE TEcH NODs: sHE Has aLREaDy sEEN THE pUffiNg cHEEks. SHE TakEs THE ¸ask aND bag fRO¸ THE NURsE aND aDjUsTs THE paTIENT’s NEck. °E paTIENT’s cHEsT sTaRTs TO RIsE aND faLL bENEaTH yOUR HaNDs. “WHaT’s sHE gETTINg fOR paIN?” “MORpHINE ¿»¾.” “WHaT RaTE?” °E qUEsTION sETs Off a flURRy Of acTIVITy a¸ONg sO¸E NURsEs, ONE Of wHO¸ sTOOps TO Exa¸INE THE iv pU¸p aT THE paTIENT’s bEDsIDE. “¹wO pER HOUR, ONE q fiſtEEN ON THE LOckOUT.” “µaRcaN,” yOU ORDER. By THIs TI¸E THE pHaR¸acIsT Has aRRIVED, wHIcH Is fORTUNaTE bEcaUsE yOU caN’T RE¸E¸bER THE DOsE Of OpIaTE-bLOckER. YOU DOUbT THIs Is OVERDOsE HERE, bUT IT’s THE fiRsT THINg TO TRy. ±UT Of THE cORNER Of yOUR EyE yOU sEE THE pHaR¸acIsT LOaD a cLEaR a¸pULE INTO a syRINgE aND pass IT TO a NURsE. MEaNwHILE, ON yOUR LEſt, THE OTHER REsIDENT aND THE INTERN aRE pLUNgINg LaRgE NEEDLEs INTO bOTH gROINs, pRObINg fOR THE fE¸ORaL VEIN. °E INTERN sTRIkEs bLOOD fiRsT, RE¸OVEs THE syRINgE, THROws IT ONTO THE sHEETs. “SEND THaT Off fOR Labs,” yOU sHOUT. BLOOD DRIbbLEs fRO¸ THE NEEDLE’s HUb as THE INTERN THREaDs a LONg, cOILED wIRE THROUgH IT INTO THE VEIN. °E OTHER REsIDENT sTOps jabbINg aND waTcHEs THE INTERN’s pROgREss. WITH a fREE HaND sHE fEELs fOR THE fE¸ORaL pULsE, bUT THE bED Is bOUNcINg. YOU sTOp cO¸pREssINg. °E REsIDENT fOcUsEs, sHakEs HER HEaD. STaRT cO¸pREssINg agaIN. A NURsE REacHEs aROUND yOU ON THE RIgHT, TRyINg TO fiT a paIR Of ¸ETaLLIc aDHEsIVE paDs ONTO THE paTIENT’s cHEsT. YOU sHakE yOUR HEaD. “PaDDLEs,” yOU
e d o C t c e f r e P e h T
abOVE THE cO¸¸OTION, “SO¸EbODy pLEasE LOck THE bED.” ALTERNaTE THIs wITH,
sHOUT. “GET ¸E THE paDDLEs.” °EN, INTO THE gENERaL ROaR, “SO¸EbODy TakE
66
THaT syRINgE aND sEND IT Off fOR Labs.” A HaND gRabs THE syRINgE aND wHIsks IT Off. “YOU,” yOU sHOUT aT THE ¸ED sTUDENT, wHO Is HaNgINg by THE REsIDENT’s
tloH e c n e r r e T
ELbOw. “GET a gas.” °E REsIDENT THROws a packagE fRO¸ THE cRasH caRT, THEN sTEps back TO gIVE THE sTUDENT accEss TO THE paTIENT’s gROIN. °E sTUDENT fiTs THE NEEDLE—IT’s a sIxTEEN-gaUgE, TwO INcHEs LONg—TO THE bLOOD gas syRINgE, fEELs fOR THE pULsE yOUR cO¸pREssIONs aRE ¸akINg IN THE gROIN, aND sTabs IT HO¸E: bLOOD, DaRk pURpLE, fiLLs THE baRREL. °E sTUDENT LOOks wORRIED; HE ¸ay HaVE ¸IssED THE aRTERy. ºT DOEsN’T ¸aTTER. °E sTUDENT passEs IT aROUND THE fOOT Of THE bED TO aNOTHER HaND aND IT VaNIsHEs. °E NURsE aT yOUR ELbOw Is sTILL THERE, HOLDINg THE DEfibRILLaTOR paDDLEs. SHE sTaNDs as THOUgH sHE Has bEEN HOLDINg THEsE OUT TO yOU fOR sO¸E TI¸E. CLap THE paDDLEs ON THE paTIENT’s cHEsT. ±VER yOUR sHOULDER ON THE TINy scREEN Of THE DEfibRILLaTOR a waVy LINE Of gREEN LIgHT scRawLs HORIzONTaLLy ONwaRD. YOU LOOk back aT THE OTHER REsIDENT. “ANyTHINg?” yOU bOTH say aT ONcE, aND bOTH Of yOU sHakE yOUR HEaDs. °E INTERN Has fiNIsHED wITH THE fE¸ORaL caTHETER, VERy fasT. ÁE HOLDs Up ONE Of THE accEss pORTs. “A¸p Of EpI,” yOU say, bUT THERE’s NO REspONsE. ²OUDER: “º NEED aN a¸p Of EpI.” FINaLLy sO¸EONE sHOVEs a bIg bLUNT-NOsED syRINgE INTO yOUR HaND. WITHOUT sTOppINg TO VERIfy THaT IT’s wHaT yOU askED fOR, yOU LEaN OVER aND fiT IT TO THE pORT aND pUsH THE pLUNgER. ANOTHER LOOk aT THE scREEN. STILL NOTHINg. “ATROpINE,” yOU caLL OUT, aND THIs TI¸E a NURsE Has IT REaDy. “PUsH IT,” yOU say, aND sHE DOEs. STOp cO¸pREssIONs, cHEck THE scREEN. SUDDENLy THE waVERy TRacINg LEaps INTO LIfE, a jaggED IRREgULaR LINE, TEETH Of a paINfUL saw. “ fib,” THE OTHER REsIDENT caLLs OUT, aNNOyINg yOU fOR a ¸O¸ENT. YOU cLa¸p THE paDDLEs DOwN ON THE paTIENT’s RIbs. “´VERyONE cLEaR?” ´VERyONE Has ¸OVED back TwO fEET fRO¸ THE bED. YOU cHEck yOUR OwN LEgs, aRcH yOUR back: “CLEaR?” YOU pUsH THE bUTTON. °E paTIENT spas¸s, THEN LIEs LI¸p agaIN. °E paTTERN ON THE scREEN Is UNcHaNgED. °E OTHER REsIDENT sHakEs HER HEaD. YOU caLL OVER yOUR sHOULDER, “°REE HUNDRED,” aND sHOck agaIN. °E bODy TwITcHEs agaIN. AN UNpLEasaNT s¸ELL RIsEs fRO¸ THE bED. °E paTTERN ON THE scREEN sUbsIDEs, back TO THE LONg Lazy waVE. STILL NO pULsE. YOU sTaRT cO¸pREssINg agaIN. “´pI,” yOU caLL OUT. “ATROpINE.” °ERE Is aNOTHER flUTTER Of acTIVITy ON THE scREEN, bUT bEfORE yOU caN sHOck, IT gOEs flaT agaIN, aL¸OsT flaT, pERHaps THERE Is a sUggEsTION Of a RaggED RHyTH¸ THERE, fiNE sawTEETH. “CLEaR,” yOU caLL agaIN, aND EVERybODy DRaws back. “°REE- sIxTy,” yOU RE¸E¸bER TO say OVER yOUR sHOULDER, aND wHEN THE aNswERINg caLL cO¸Es back yOU sHOck agaIN, kNOwINg THIs Is fUTILE. BUT THE paTIENT Is DEaD aND THERE Is NO HaR¸ IN TRyINg. As THE bODy sLU¸ps agaIN, THERE Is a paLpabLE
sLackENINg Of THE NOIsE LEVEL IN THE ROO¸, aND EVEN THOUgH yOU gO ON aNOTHER TEN ¸INUTEs, pUsHINg ON THE cHEsT UNTIL yOUR sHOULDERs aRE bURNINg aND yOUR
67
THERE Is NOTHINg ¸ORE ON THE ¸ONITOR THaT LOOks RE¸OTELy sHOckabLE. FINaLLy, yOU sTRaIgHTEN Up, aND fiND THE cLOck ON THE waLL. “º’¸ caLLINg IT,” yOU say. AgaINsT THE waLL, a NURsE wITH a cLIpbOaRD ¸akEs a NOTE. “¹I¸E?” sHE says. YOU TELL HER. °ERE Is ¸ORE. PIckINg Up, wRITINg NOTEs, a pHONE caLL OR TwO. °ERE Is a fa¸ILy ¸E¸bER IN THE HaLLway, sITTINg sTRIckEN ON a bENcH bEsIDE a NURsE OR VOLUNTEER HOLDINg a HaND. YOU NEED TO spEak TO HER, bUT bEfORE yOU DO yOU HaVE TO fiND OUT THE paTIENT’s Na¸E. ±R yOU DON’T. AND THEN yOU gO back TO wHaTEVER yOU wERE DOINg bEfORE THE cODE wENT OUT OVER THE ¿¾.
WHaT º’¸ THINkINg, UsUaLLy, as wE TRIckLE OUT aT THE END, Is THIs: WHaT a ¸Ess. °ERE Is a gREaT DEaL Of ¸Ess IN HOspITaL ¸EDIcINE, LITERaL aND figURaTIVE, aND THE cODE bUNcHEs IT aLL Up INTO a DENsE ¸ass THaT ON sO¸E Days sEE¸s TO REpREsENT EVERyTHINg wRONg wITH THE wORLD. °E HasTE, THE TUR¸OIL, THE aNONy¸ITy, THE s¸ELL, THE fUTILITy: aLL Of IT bROUgHT TO bEaR ON a sINgLE bODy, THE bODy INERT aT THE cENTER Of THE ¸Ess, as If aT THE cENTER Of aLL wRONg IT RE¸aINs sO¸EHOw INVIOLaTE, bEyOND HELp OR HaR¸; as If TO pOINT TO a ¸ORaL º wOULD UNDERsTaND bETTER If º ONLy HaD TI¸E TO sTOp aND cONTE¸pLaTE IT. WHIcH º DON’T, NOT THaT Day. WE’RE aD¸ITTINg aND THERE aRE THREE paTIENTs, TwO ON THE flOOR aND ONE DOwN IN THE er, waITINg TO bE sEEN. °ERE Is NO TI¸E TO REaD THE fiNE pRINT ON aNyTHINg, LEasT Of aLL THE ¸ORTaL cONTRacT jUsT ExEcUTED ON THE aNONy¸OUs wO¸aN LyINg back IN THaT ROO¸. º caN baRELy ¸akE OUT THE LaRgE bLOck LETTERs aT THE TOp: ±UR PaTIENTs ¶IE. AND VERy OſtEN THEy DO sO IN THE ¸IDDLE Of a scENE wITH aLL THE DIgNITy Of a fOOD figHT IN a HIgH scHOOL cafETERIa. WE caN’T cURE EVERybODy, bUT º THINk ¸OsT Of Us TREasURE as a s¸aLL cONsOLaTION THaT aT LEasT wE caN affORD pEOpLE sO¸E kIND Of DIgNITy aT THE END, sO¸ETHINg qUIET aND sOLE¸N IN wHIcH wHaTEVER ¸EaNINg REsIDEs IN aLL Of THIs ¸ay bE—If wE waTcH aND LIsTEN caREfULLy—pERcEpTIbLE. WHIcH ¸ay bE wHy ONE paRTIcULaR cODE pERsIsTs IN ¸y ¸E¸ORy, LONg aſtER THE EVENT, as THE pERfEcT cODE.
¶aVID GILLET was THE Na¸E º gOT fRO¸ THE ¸EDIcINE aD¸ITTINg OfficER. º wasN’T sURE wHaT TO ¸akE Of THE m¾o’¼ sTORy, bUT º kNEw º DIDN’T LIkE IT.
e d o C t c e f r e P e h T
bREaTH Is sHORT, aND a TOTaL Of TEN ¸ILLIgRa¸s Of EpINEpHRINE HaVE gONE IN,
°E sTORy was aN EIgHTy-TwO-yEaR-OLD gUy wITH a bROkEN NEck. ÁE HaD
68
appaRENTLy faLLEN IN HIs baTHROO¸ THaT ¸ORNINg, cRackINg HIs fiRsT aND sEcOND VERTEbRaE. º HaD a VagUE ¸E¸ORy fRO¸ ¸EDIcaL scHOOL THaT THIs wasN’T a
tloH e c n e r r e T
gOOD THINg—THE ExpREssION “HaNg¸aN’s fRacTURE” kEpT bObbINg Up fRO¸ THE wELL Of facTs º DO NOT UsE—bUT º HaD a ¸UcH ¸ORE DIsTINcT I¸pREssION THaT THIs was NOT a casE fOR caRDIOLOgy. “AND ±RTHO IsN’T TakINg HI¸ bEcaUsE?” º saID wEaRILy. “BEcaUsE HE’s gOT INTERNaL ORgaNs, DUDE.” º sIgHED. “SO wHy ¸E?” “BEcaUsE THEy gOT aN eÊÇ.” °E m¾o was cLEaRLy ENjOyINg HI¸sELf. º RE¸E¸bERED HE HaD REcENTLy bEEN accEpTED TO a caRDIOLOgy fELLOwsHIp. º bRacED ¸ysELf fOR THE pUNcH LINE. “AND?” “AND THERE’s EcTOpy ON IT. Ectopy .” ÁE THEN ¸aDE a NOIsE INTENDED TO sUggEsT a gHOsT HaUNTINg sO¸ETHINg. “´cTOpy,” ¸EaNINg LITERaLLy “OUT Of pLacE,” REfERs TO a HEaRTbEaT gENERaTED aNywHERE IN THE HEaRT bUT THE LITTLE kNOb IN THE UppER RIgHT-HaND cORNER wHERE HEaRTbEaTs aRE sUppOsED TO sTaRT. SUcH bEaTs appEaR wITH aN UNUsUaL sHapE aND TI¸INg ON THE eÊÇ. °Ey caN bE caUsED by aNy NU¸bER Of THINgs, fRO¸ TOO ¸UcH caffEINE TO faTIgUE TO aN I¸pENDINg HEaRT aTTack, bUT IN THE absENcE Of OTHER waRNINg sIgNs EcTOpy Is NOT sO¸ETHINg wE gENERaLLy gET ExcITED abOUT. AND IT sOUNDED TO ¸E as THOUgH a ¸aN wITH a bROkEN NEck HaD ENOUgH REasONs fOR EcTOpy wITHOUT sENDINg HI¸ TO THE CaRDIOLOgy sERVIcE. “SO?” º saID, TRyINg NOT TO sOUND INDIgNaNT. “SO HE’s aLsO gOT a HIsTORy. ANgIOpLasTy abOUT TEN yEaRs agO, NO DEfiNITE HIsTORy Of mi. YOU caN’T REaLLy REaD HIs eÊÇ bEcaUsE HE’s gOT a LEſt bUNDLE, NO OLD sTRIps sO º DON’T kNOw If IT’s NEw.” WE wERE DOwN TO bUsINEss. “SO º RULE HI¸ OUT.” “YOU RULE HI¸ OUT. ±RTHO says THEy’LL fOLLOw wITH yOU.” “²OVELy. AND ONcE º RULE HI¸ OUT?” “±RTHO says THEy’LL fOLLOw wITH yOU.” º saID sO¸ETHINg UNpLEasaNT. °E m¾o UNDERsTOOD. “SUcks, º kNOw, bUT THERE yOU aRE.” AND THERE º was, DOwN IN THE er ON a SUNDay aſtERNOON, TURNINg OVER THE sTack Of papERs THaT ¶aVID GILLET HaD gENERaTED OVER HIs sIx HOURs IN THE ed. °ERE was a sHEaf Of eÊÇs cOVERED wITH bIzaRRE EcTOpIc bEaTs, THROUgH wHIcH
OccasIONaLLy E¸ERgED a sTRETcH Of NOR¸aL sINUs RHyTH¸, ENOUgH TO sEE THaT THERE was, INDEED, a LEſt bUNDLE bRaNcH bLOck, aND NOT ¸UcH ELsE. °E HEaRT
69
DIsRUpTs a bUNDLE, THE REsULT Is aN eÊÇ TOO DIsTORTED TO aNswER THE qUEsTION wE UsUaLLy ask IT: ºs THIs paTIENT HaVINg a HEaRT aTTack? ±f cOURsE, THE bUNDLE ITsELf Is NOT a REassURINg sIgN, aND If NEw IT ¸ERITs aN INVEsTIgaTION, bUT pLENTy Of pEOpLE IN THEIR EIgHTIEs HaVE THE¸ aND IT’s pRETTy ¸UcH a sO-wHaT. BUT THE EcTOpy ON TODay’s sTRIps was I¸pREssIVE—If yOU DIDN’T kNOw wHaT yOU wERE LOOkINg aT yOU ¸IgHT THINk HE was sUffERINg sO¸E caTasTROpHIc EVENT. º REaD bETwEEN THE LINEs Of THE cONsULT NOTE THE ORTHOpEDIc sURgEONs HaD LEſt, aND IT was cLEaR THEy REgaRDED ¶aVID GILLET as a TI¸E bO¸b aND DIDN’T waNT HI¸ ON THEIR sERVIcE. WHIcH º cOULDN’T HELp NOTINg was ExacTLy HOw º fELT abOUT HaVINg a paTIENT wITH a bROkEN NEck ON ¸y sERVIcE. BUT º DIDN’T gET TO ¸akE DEcIsIONs LIkE THaT. ºNsTEaD º waDDED THE sTack Of papERs back IN THEIR cUbby aND TOOk a bRIEf gLaNcE THROUgH THE cURTaINs Of Bay 12. FRO¸ ¸y sO¸EwHaT DIsTORTED pERspEcTIVE, ¸OsT Of wHaT º saw Of THE paTIENT was HIs fEET, wHIcH wERE LaRgE, baRE, aND pROTRUDINg fRO¸ THE LOwER END Of HIs er bLaNkETs IN a way THaT sUggEsTED HE wOULD bE TaLL If º cOULD sTaND HI¸ Up. AT HIs sIDE saT a s¸aLL, IRON-HaIRED wO¸aN wHO aT THaT ¸O¸ENT was spEakINg TO HI¸, LEaNINg cLOsE wHILE sHE spOkE. SHE wORE a faINT, affEcTIONaTE s¸ILE ON a facE THaT LOOkED OTHERwIsE TIRED. º waTcHED HER fOR a ¸O¸ENT, HER pROfiLE HELD pREcIsELy pERpENDIcULaR TO ¸y LINE Of sIgHT as THOUgH pOsED. FOR a ¸O¸ENT HER facE TOOk ON aN aL¸OsT LU¸INOUs cLaRITy, THE sINgLE REaL ObjEcT IN THE paLLID bLUR Of THE ed, a sTUDy IN paTIENcE, IN caRE—aND THEN IT waVERED, REcEDINg INTO a s¸aLL TIRED wO¸aN wITH gRay HaIR bEsIDE a gURNEy IN Bay 12. °E paTIENT’s facE was ObscURED by THE pINk pLasTIc HORsE cOLLaR THaT I¸¸ObILIzED HIs NEck. º waTcHED THE wO¸aN fOR a ¸INUTE. ÁER ExpREssION, THE caL¸ pROgREss Of THEIR cONVERsaTION, sUggEsTED THaT NOTHINg TOO DRasTIc was gOINg ON. º TOOk a waLk TO THE RaDIOLOgy REaDINg ROO¸ TO gET a LOOk aT THE NEck fiL¸s. °ERE wERE ¸aNy Of THEsE, TOO. °Ey sHOwED THE VULTURE-NEck sILHOUETTE aLL C-spINE fiL¸s sHaRE. °ERE wERE sEVERaL UNUsUaL VIEws, INcLUDINg ONE THaT º DEcIDED ¸UsT HaVE bEEN sHOT sTRaIgHT DOwN THE paTIENT’s OpEN ¸OUTH: IT sHOwED, fRa¸ED by TEETH paLIsaDED wITH spIky ¸ETaL, THE paLE RINg Of THE fiRsT VERTEbRa, THE ¸assIVE bONE caLLED THE aTLas, aND cLEaR (EVEN TO ¸E) ON bOTH sIDEs Of IT wERE TwO jaggED DaRk LINEs aNgLINg IN ON THE E¸pTy cENTER wHERE THE spINaL cORD HaD faILED TO REgIsTER ON fiL¸. °E bREak IN THE sEcOND VERTEbRa was HaRDER TO ¸akE OUT, bUT º TOOk THE sURgEONs aT THEIR
e d o C t c e f r e P e h T
Has sEVERaL bUNDLEs, cabLEs IN ITs INTERNaL wIRINg. WHEN sO¸E DIsEasE pROcEss
wORD: C1/2 fx. Will need immobilization pending installation of halo. Will
70
follow w/you.
tloH e c n e r r e T
º was NOT IN THE bEsT Of ¸OODs as º ¸aDE ¸y way back TO THE er, gRabbED a cLIpbOaRD, aND paRTED THE cURTaINs TO Bay 12. º sTILL ¸aNagED aN aDEqUaTE s¸ILE as º INTRODUcED ¸ysELf. “¶aVID GILLET?” º saID TENTaTIVELy. °E wO¸aN aT HIs sHOULDER bLINkED Up aT ¸E, wEaRINg THaT sa¸E wEaRy s¸ILE, bRUsHINg aN IRON-cOLORED LOck Of HaIR fRO¸ HER facE. “ºT’s ‘Zhee-ay ,’ ” sHE saID, wITH aN ODD cO¸bINaTION Of sELf-DEpREcaTION aND sO¸ETHINg ELsE—pERHaps IT was waR¸TH?—THaT ¸aDE ¸E LIkE HER. “ºT’s FRENcH,” sHE ExpLaINED. ÁER s¸ILE wIDENED, ONE Of THOsE DazzLINg wHITE THINgs OLDER pEOpLE sO¸ETI¸Es pOssEss (DENTUREs, º bELIEVE), aND sHE wELcO¸ED ¸E INTO Bay 12, wHIcH º HaD bEEN INsIDE Of ¸ORE TI¸Es THaN º caRED TO cOUNT, wITH a cURIOUs aIR Of apOLOgy, as If cONcERNED abOUT THE qUaLITy Of HER HOUsEkEEpINg. º was cHaR¸ED. °Is was sTILL RELaTIVELy EaRLy IN THE Day aND º was capabLE Of bEINg cHaR¸ED. º sHOOk ¸ysELf a LITTLE, sTRaIgHTENED ¸y back (HER pOsTURE was pERfEcT), TRyINg TO EscapE sO¸E Of THE LETHaRgy THaT HaD bEEN pILINg ON ¸E OVER THE Day. ÁER HUsbaND ¸aDE a LEss DIsTINcT I¸pREssION. °E cERVIcaL sTabILIzaTION cOLLaR TENDs TO HaVE a Da¸pENINg EffEcT ON ¸OsT pEOpLE, as wOULD THE EIgHT ¸ILLIgRa¸s Of ¸ORpHINE HE’D absORbED OVER THE pasT sIx HOURs, sO IT was a bLEaRy aND NOT VERy aRTIcULaTE HIsTORy º gOT fRO¸ HI¸. ÁIs wIfE fiLLED IN THE RELEVaNT bITs. µO pRIOR mi. ±ccasIONaL cHEsT paIN, HaRD TO pIN DOwN (aRTHRITIs IN THE pIcTURE as wELL, Of cOURsE). ±THERwIsE a gENERaLLy HEaLTHy, aLERT, aND acTIVE ¸aN. ±N THE ONE REaLLy cRITIcaL pOINT—wHaT HaD caUsED THE faLL—MR. GILLET INsIsTED ON gIVINg accOUNT. ÁE HaD not faINTED. ÁE HaD NOT bEEN DIzzy OR bREaTHLEss OR ExpERIENcED paLpITaTIONs OR aNyTHINg Of THaT sORT. ÁE HaD TRIppED. ÁE HaD caUgHT HIs TOEs ON THE Da¸NED baTH ¸aT, aND gONE DOwN LIkE a sTUpID Ox. As HE saID THE LasT HE sHOOk HIs HEaD VEHE¸ENTLy wITHIN THE cONfiNEs Of HIs cOLLaR, aND º caUgHT ¸y bREaTH: yOU’RE NOT sUppOsED TO DO THaT wITH a bROkEN NEck. ´VEN sO º was paRTIaLLy REassURED. °E HIsTORy DIDN’T sUggEsT a caRDIac caUsE TO HIs faLL, aND HE DENIED aNy Of THE OTHER sy¸pTO¸s THaT gO aLONg wITH I¸pENDINg DOO¸. °E pHysIcaL Exa¸ was sI¸ILaRLy REassURINg, aLTHOUgH Ha¸pERED by THE cERVIcaL cOLLaR aND ¸y DREaD Of DOINg aNyTHINg THaT ¸IgHT DIsTURb HIs NEck. ÁE was a TaLL, bONy ¸aN, wITH a NasTy-LOOkINg cUT acROss THE scaLp abOVE HIs RIgHT EyE, aND DRIED bLOOD cRUsTED IN HIs bUsHy EyEbROws. °E cUT HaD bEEN sUTURED aLREaDy, aND THE bLOOD ¸aDE IT LOOk ¸UcH wORsE THaN IT
was. AsIDE fRO¸ THE cUT aND a LaRgE bRUIsE ON HIs RIgHT RIbs (NONE bROkEN), HE sEE¸ED fiNE. ´xcEpT fOR THE NEck, Of cOURsE. º sTayED aNOTHER fEw ¸INUTEs,
71
ÁE RULED OUT wITH THE fOUR ¾.m. bLOOD DRaw THE NExT ¸ORNINg, wHIcH º aNNOUNcED ON ROUNDs a fEw HOURs LaTER wITH LEss pLEasURE THaN º wOULD HaVE ORDINaRILy. º kNEw wHaT was cO¸INg. “SO NOw wHaT?” THE aTTENDINg askED. “º gUEss º caLL ±RTHO.” ´VERybODy—fRO¸ aTTENDINg TO fELLOw TO THE OTHER REsIDENT ON THE TEa¸ aND THE INTERN, EVEN THE TwO ¸EDIcaL sTUDENTs—sTaRTED TO s¸ILE. °EN LaUgH. “WELL, º caN caLL THE¸, caN’T º?” “GO aHEaD,” THE aTTENDINg saID. °ERE aRE aTTENDINgs wHO wILL acTUaLLy figHT TO ¸akE a TRaNsfER HappEN. °Ey wILL caLL THE aTTENDINg ON THE OTHER sERVIcE aND ¸akE THE casE, aT LEasT. ·sUaLLy, wHEN IT cO¸Es TO THIs, THE TRaNsfER gOEs THROUgH. WHIcH ¸IgHT bE wHy ¸OsT aTTENDINgs aRE LOaTH TO LET THINgs gET THaT faR. ºf THE paTIENT’s wELfaRE REqUIREs IT, THEy’LL ¸akE THE caLL (ExcEpT fOR THOsE DREaDfUL INDIVIDUaLs—aND wE kNOw wHO THEy aRE—wHO bELIEVE THE¸sELVEs capabLE Of caRINg fOR casEs faR OUTsIDE THEIR sUbspEcIaLIzaTION). ±R If THEy’RE DEaLINg wITH sO¸E cRITIcaL sHORTagE Of spacE. BUT If IT’s sI¸pLy a ¸aTTER Of ONE paTIENT ¸ORE OR LEss ON THEIR cENsUs, ¸OsT aTTENDINgs wILL LET THINgs bE. AND THIs aTTENDINg was ONE Of THE ¸ORE NOTORIOUsLy LaIssEz-faIRE, Happy ENOUgH TO LET THE HOUsE sTaff RUN THE sHOw. º ¸aDE THE caLL, aND aſtER THREE OR fOUR HOURs THE ±RTHO REsIDENT RETURNED THE pagE. º kNEw by THaT TI¸E THaT º was aLREaDy DEfEaTED, bUT º wENT aHEaD aND askED THE ObLIgaTORy qUEsTION, aND REcEIVED THE INEVITabLE aNswER (THE ±RTHO REsIDENT HaVINg aNTIcIpaTED as wELL) THaT THE ±RTHO aTTENDINg DID NOT fEEL cO¸fORTabLE TakINg THE casE—“aND bEsIDEs, IT’s NOT THaT baD a bREak. WE’LL fOLLOw.” “ÁOw LONg?” º askED. “WHaT DO yOU ¸EaN?” “ÁOw LONg DOEs HE NEED TO bE IN THE HOspITaL?” PUzzLED. “WHEN wILL yOU bE DONE wITH HI¸?” “WE’VE bEEN DONE sINcE EIgHT THIs ¸ORNINg.” “YOU ¸EaN yOU’D sEND HI¸ HO¸E?” “´xcEpT fOR THE NEck THINg, yEaH.” “±H.” °Is HE HaDN’T aNTIcIpaTED. “SO wHaT DOEs HE NEED fRO¸ yOU?”
e d o C t c e f r e P e h T
¸akINg IDLE cHaT wITH THE wIfE, aND THEN ExcUsED ¸ysELf TO wRITE ¸y ORDERs.
“ÁE NEEDs a HaLO.”
72
º kNEw wHaT a HaLO was. °Ey’RE THOsE ExcRUcIaTINg-LOOkINg DEVIcEs yOU ¸ay HaVE sEEN sO¸EbODy wEaRINg IN THE ¸aLL: a RINg Of sHINy ¸ETaL THaT
t l o H e c n e r r e T
ENcIRcLEs THE HEaD (HENcE THE Na¸E), sUppORTED by a cagE THaT REsTs ON a HaRNEss bRacED ON THE sHOULDERs. FOUR LaRgE bOLTs RUN THROUgH THE HaLO aND INTO THE paTIENT’s skULL, gRIppINg THE HEaD RIgIDLy IN pLacE LIkE a CHRIsT¸as TREE IN ITs sTaND. A LITTLE cRUsT Of bLOOD wHERE THE bOLTs pENETRaTE THE skIN cO¸pLETEs THE pIcTURE. °Ey LOOk TERRIbLE, bUT paTIENTs TELL ¸E THaT aſtER THE fiRsT Day OR sO THEy DON’T REaLLy HURT. GETTINg ONE pUT ON, HOwEVER: THaT HURTs. “SO wHEN DOEs HE gET IT?” º askED. AgaIN, º kNEw THE aNswER. ºT was aLREaDy pasT NOON. º was pRETTy sURE IT was MONDay. “WELL,” THE ±RTHO REsIDENT REpLIED, “IT’s aLREaDy pasT NOON.” “AND yOU’RE IN sURgERy.” “YEaH.” “AND TO¸ORROw?” “CLINIc. ALL-Day cLINIc.” º DIDN’T say aNyTHINg. º waITED a LONg TI¸E, bITINg ¸y TONgUE. “º gUEss wE cOULD DO IT TONIgHT.” “°aT’D bE NIcE.” “·NLEss THERE’s aN E¸ERgENcy, Of cOURsE.” “±f cOURsE.” ±f cOURsE THERE was. AND cLINIc RaN OVERTI¸E THE NExT Day, OR sO º was TOLD. °EIR NOTEs ON THE cHaRT (THEy ca¸E by EacH ¸ORNINg aT fiVE fORTy-fiVE) RaN TO fiVE scRIbbLED LINEs, ENDINg EacH TI¸E wITH Plan halo. Will follow, aND a sIgNaTURE aND pagER NU¸bER º cOULDN’T qUITE DEcIpHER. °Is LEſt ¸E, Of cOURsE, HOLDINg THE bag. µOT ONLy HaD º ONE ¸ORE UNNEcEssaRy paTIENT cROwDINg ¸y cENsUs, ONE ¸ORE paTIENT TO sEE IN THE ¸ORNINg, ROUND ON, aND wRITE NOTEs abOUT (THIs DURINg THE ¸ONTH OUR TEa¸ sET THE REcORD fOR aD¸IssIONs TO caRDIOLOgy), bUT º aLsO HaD THE UNpLEasaNT REspONsIbILITy Of waLkINg INTO MR. GILLET’s ROO¸ ON ¹UEsDay aND WEDNEsDay ¸ORNINg TO fiND HI¸ UNHaLOED, aND ¸akINg apOLOgIEs fOR IT. ºT wOULD HaVE bEEN UNpLEasaNT, aT LEasT, bUT fOR MRs. GILLET. ÁER qUIET gRacE pUT ¸E IN ¸IND Of facEs º’D sEEN IN OLD OIL paINTINgs, LOOkINg Off TO ONE sIDE aT sO¸ETHINg bEyOND THE fRa¸E, EyEs LIT by wHaT sHE saw THERE, THE REsT Of THE scENE LOsT IN DaRk cHIaROscURO. ALL Of wHIcH ONLy ¸aDE THE sITUaTION EVEN ¸ORE INTOLERabLE, DRIVINg ¸E TO waNT TO do sO¸ETHINg—aND THE ONLy THINg º HaD TO OffER Lay IN THE gIſt Of THE INaccEssIbLE ±RTHO REsIDENT. WEDNEsDay º was ON caLL agaIN, aND HaD pLEDgED ¸ysELf, IN THE bRIEf ¸O¸ENTs bETwEEN aD¸IssIONs, TO TRack DOwN THE ±RTHO TEa¸ aND ¸akE
THE¸ cO¸E Up aND pUT THaT HaLO ON. ·NfORTUNaTELy, THIs was THE Day wE aD¸ITTED fiſtEEN paTIENTs, as THE faILURE cLINIc OpENED ITs flOODgaTEs aND THE
73
was bLEssEDLy fREE Of cHEsT paIN—bUT THE sHEER VOLU¸E Of HIsTORIEs TO TakE, pHysIcaLs TO pERfOR¸, NOTEs aND ORDERs TO cO¸pOsE was OVERwHEL¸INg. °E pHONE caLL—wITH ITs NEcEssaRy sEqUEL Of waITINg fOR THE pagED REsIDENT TO caLL back—NEVER HappENED. SO¸ETI¸E IN THE LaTE aſtERNOON, HOwEVER, º LOOkED Up fRO¸ THE cOUNTER wHERE º HaD bEEN LEaNINg, TRyINg TO absORb THE saLIENT fEaTUREs Of yET aNOTHER faILURE paTIENT’s cO¸pLEx HIsTORy, aND saw THROUgH THE OpEN DOOR Of MR. GILLET’s ROO¸ a sTRaNgE TabLEaU: TwO TaLL ¸EN IN gREEN scRUbs wIELDINg sOckET wRENcHEs aROUND THE paTIENT’s HEaD, a TaNgLE Of cHRO¸E, aND THE paTIENT’s HaNDs qUIVERINg IN THE aIR, fiNgERs spREaD as If caLLINg ON THE sEas TO paRT. SO¸E TI¸E LaTER º LOOkED Up agaIN aND THE gREEN scRUbs wERE gONE: MR. GILLET Lay pROppED Up IN HIs bED, HIs HEaD IN a HaLO. FRO¸ THE sIDE, HIs NOsE was a Hawk’s bEak, THE REsT Of HIs facE sUNk IN DRUggED sLEEp, bUT HIs ¸OUTH sTILL sNaRLED as If IT RE¸E¸bERED REcENT paIN. º RE¸E¸bERED HI¸ IN THE er, THE flasH Of INjURED pRIDE HE HaD bEEN abLE TO cONjURE EVEN THROUgH THE ¸ORpHINE. °aT was gONE NOw. ÁE LOOkED LIkE a sTRaNgE, saD bIRD IN a VERy s¸aLL cagE. STILL LaTER—TI¸E ON THaT sERVIcE bEINg ¸aRkED by ¸IssED ¸EaLs aND sLEEp, º caN say ONLy THaT º was HUNgRy, bUT NOT yET pUNcHy—a NURsE sTOppED ¸E. “FOURTEEN,” sHE saID. SHE ¸EaNT MR. GILLET. “ÁOw’s HE DOINg?” º was HaRbORINg sO¸E VagUE HOpE THaT HE was awakE aND askINg TO gO HO¸E. “ÁE’s cO¸pLaININg Of cHEsT paIN. ¹EN OUT Of TEN.” “CRap,” º saID. °E NURsE LOOkED aT ¸E. “GET aN eÊÇ.” My VagUE HOpE VaNIsHED ENTIRELy TEN ¸INUTEs LaTER as º waTcHED THE RED gRapH papER E¸ERgE fRO¸ THE sIDE Of THE bOx. °E sqUIggLE ON IT LOOkED bETTER THaN THE INITIaL sET fRO¸ THE er, bUT THaT was ONLy bEcaUsE THE EcTOpy was gONE. WHaT was THERE INsTEaD—MR. GILLET’s sOUVENIR Of THE acTIVITIEs Of THE aſtERNOON—wERE ¹-waVE INVERsIONs ¸aRcHINg acROss HIs pREcORDIU¸. °Is Is NOT gOOD. ¹-waVE INVERsIONs gENERaLLy sIgNIfy HEaRT ¸UscLE THaT IsN’T gETTINg OxygEN. WHaT º was sEEINg HERE sUggEsTED THaT HIs l¾d—a ¸ajOR aRTERy sUppLyINg bLOOD TO THE HEaRT’s sTRONgEsT ¸UscLE—was abOUT TO cHOkE Off. º LOOkED Up aT THE NURsE. SHE HaD bEEN REaDINg THE sTRIp as wELL—UpsIDE DOwN, as caRDIOLOgy NURsEs caN. “YOU gONNa ¸OVE HI¸?” sHE askED. “YEaH.”
e d o C t c e f r e P e h T
CaTH ²ab pU¸pED OUT casE aſtER casE. µObODy was aNy TOO sIck—THE er
“WRITE ¸E sO¸E ORDERs.”
74
“º’LL wRITE yOU ORDERs. JUsT gET HI¸ TO THE ·NIT. QUIckLy,” º aDDED, wITH a backwaRD gLaNcE THROUgH THE DOOR Of fOURTEEN. GILLET’s bEakED facE Lay sTILL IN
tloH e c n e r r e T
ITs sILVER cagE. º scRaTcHED OUT a sET Of ORDERs aND TURNED TO THE NExT DIsasTER.
º DIDN’T gIVE GILLET ¸UcH THOUgHT THE REsT Of THE EVENINg, bEyOND sEEINg HI¸ sETTLED IN THE »»u, aND gETTINg HI¸ scHEDULED as aN aDD-ON fOR THE CaTH ²ab THE NExT Day. AROUND TwO IN THE ¸ORNINg THE THREE Of Us—¸y paRTNER SasHa, THE INTERN JEff, aND º—wERE gaTHERED aT ONE END Of THE LONg cOUNTER, pUsHINg sTacks Of papER aROUND aND TRyINg TO cOUNT Up THE scORE. WE wERE ON aD¸IssION TwELVE fOR THE Day, wE DEcIDED, bUT cOULDN’T RE¸E¸bER wHO was Up NExT. º was DIggINg IN ¸y pOckETs fOR a cOIN TO flIp wHEN ¸y pagER wENT Off. º swORE as º TUggED IT fRO¸ ¸y bELT, ExpEcTINg TO fiND yET agaIN THE NU¸bER fOR THE er. º fOUND INsTEaD THE NU¸bER fOR THE »»u, fOLLOwED by “911.” AT THaT ¸O¸ENT THE OVERHEaD pagINg sysTE¸ caLLED a cODE IN THE »»u. °E THREE Of Us RaN. ºT was pERHaps THIRTy yaRDs TO THE »»u, bUT by THE TI¸E wE gOT THERE THREE Of THE sIx NURsEs ON sHIſt wERE IN GILLET’s ROO¸, ONE aT THE HEaD sqUEEzINg OxygEN THROUgH a bag-VaLVE ¸ask, aNOTHER cO¸pREssINg HIs cHEsT, a THIRD REaDyINg THE cRasH caRT. º HaD a ¸O¸ENT’s awaRENEss THaT sO¸ETHINg was UNUsUaL—THE wHOLE THINg LOOkED TOO E¸pTILy sTagED, sO¸E kIND Of DIORa¸a IN THE MUsEU¸ Of ÁU¸aN MIsERy—bUT THE scENE ONLy appEaRED THaT way fOR aN INsTaNT aND THEN wE wERE IN IT aND pERspEcTIVE fELL apaRT IN a sURgE Of acTIVITy THaT pIckED Us aLL Up ON ITs back aND HURRIED Us ON. SasHa aND º HaD NEVER ¸aDE aNy fOR¸aL aRRaNgE¸ENT abOUT wHO DID wHaT IN a cODE. º was THE fiRsT ONE ON THE faR sIDE Of THE bED aND sTaRTED fEELINg THE gROIN fOR a pULsE. ºT was faINT, DRIVEN sOLELy by THE NURsE’s cO¸pREssIONs, bUT cLEaR ENOUgH. º gRabbED a fiNDER syRINgE fRO¸ THE TRay a NURsE HELD OUT TO ¸E aND pLUNgED IT IN. µOTHINg. PULL back, cHaNgE aNgLE, fEEL fOR THE pULsE agaIN aND DRIVE. µEEDLE gROUND agaINsT bONE. AgaIN, aND ON THIs pass º saw THE flasH IN THE syRINgE, flUNg IT asIDE aND pUT a THU¸b OVER THE wELLINg bLOOD wHILE REacHINg fOR THE wIRE. °E NURsE HaD IT OUT aLREaDy, HaNDLE TURNED TOwaRD ¸E. ºT THREaDED THE VEIN wITHOUT REsIsTaNcE. º HaD THE caTHETER IN pLacE a ¸INUTE OR TwO LaTER, ¸ET aT EacH sTEp IN THE pROcEss by THE RIgHT ITE¸ HELD OUT aT THE RIgHT TI¸E. µO ONE spOkE a wORD. ±N THE OTHER sIDE Of THE bED, SasHa sTOOD wITH HER aR¸s fOLDED acROss HER cHEsT, NODDINg aT TwO NURsEs IN TURN as THEy pUsHED DRUgs, pLacED paDs
ON THE cHEsT, aND waR¸ED Up THE DEfibRILLaTOR. ÁER EyEs wERE ON THE ¸ONITOR OVERHEaD, wHERE gREEN LIgHT DREw Lazy LINEs acROss THE scREEN. AT sO¸E pOINT
75
TUbE DOwN GILLET’s THROaT; REspIRaTORy THERapy was wHEELINg a VENTILaTOR TO THE HEaD Of THE bED, LOOpINg TUbINg THROUgH THE baRs Of THE HaLO aND cURsINg aT IT. “ÁOLD cO¸pREssIONs,” SasHa saID. °E NURsE sTOppED pUsHINg ON THE cHEsT. º saw fOR THE fiRsT TI¸E THaT THE HaLO was sUppORTED by a bROaD sHEET Of pLasTIc backED wITH sHEEpskIN THaT cOVERED THE UppER HaLf Of THE cHEsT: THE NURsE HaD TO gET HER HaNDs UNDERNEaTH IT TO pREss; wITH EacH cO¸pREssION GILLET’s HEaD bObbED Up aND DOwN, Up aND DOwN. ÁE was OUT, HIs EyEs bLaNk aT THE cEILINg. °E NURsE aT ¸y ELbOw was HOOkINg Up THE pORTs Of ¸y caTHETER, pUsHINg ONE Of THE bLUNT syRINgEs Of EpINEpHRINE. WE wERE aLL sTaRINg aT THE ¸ONITOR abOVE THE bED, THE LONg HORIzONTaL DRIſt Of asysTOLE. As THE sEcOND a¸p Of aTROpINE RaN IN, THE LINEs aLL LEapT TO LIfE, fRaNTIc pEaks fiLLINg THE scREEN. “Â-fib,” a NURsE saID qUIETLy. “PaDDLEs,” SasHa REpLIED IN THE sa¸E VOIcE, TakINg THE OffERED HaNDgRIps Of THE DEfibRILLaTOR fRO¸ THE NURsE as sHE spOkE. “CLEaR,” sHE saID qUIETLy, aND THU¸bED THE bUTTON. ¶aVID GILLET’s bODy ROsE fRO¸ THE ¸aTTREss, HUNg fOR a ¸O¸ENT, cOLLapsED. ±N THE scREEN wE saw scRa¸bLED gREEN LIgHT sETTLE fOR a ¸O¸ENT, a RHyTH¸ E¸ERgE. °EN THE pEakED LINEs cONsOLIDaTED INTO a HIgH pIckET fENcE. “Â-TacH,” saID THE NURsE, aND TURNED Up THE pOwER ON THE DEfibRILLaTOR. “CLEaR,” saID SasHa. °E bODy aRcHED aND fELL agaIN. ºT wENT ON fOR TwELVE ¸ORE ¸INUTEs (wE kNEw THIs LaTER, as wE REVIEwED THE pRINTED sTRIps Of TELE¸ETRy papER, TRyINg TO REcONsTRUcT wHaT HaD gONE ON), GILLET’s HEaRT flyINg THROUgH ONE aRRHyTH¸Ia aſtER aNOTHER. ´acH TI¸E wE REspONDED IT wOULD sETTLE bRIEfly INTO sINUs RHyTH¸ bEfORE flINgINg OUT agaIN INTO sO¸E LETHaL VaRIaTION, UNTIL fiNaLLy, aſtER TwO gRa¸s Of ¸agNEsIU¸ sULfaTE aND aNOTHER ROUND Of sHOcks, IT fOUND a RHyTH¸ aND HELD IT THROUgH aNOTHER flURRy Of acTIVITy wHEN HIs sysTOLIcs DROppED TO THE sIxTIEs, THEN RaLLIED ON a ¸INI¸aL INfUsION Of DOpa¸INE. AND THROUgH aLL Of THIs, as THE aT¸OspHERE IN THE ROO¸ ¸aINTaINED ITs EERIE caL¸, THE NURsEs kEpT Up THEIR sURREaL EcONO¸y Of gEsTURE, aND SasHa INTONED THE RITUaL Of THE ¾»l¼ aLgORITH¸, º fELT ¸y OwN aDRENaLINE sURgINg THROUgH THE NIgHT’s faTIgUE IN aN appROacH TO ExULTaTION. ºT was aL¸OsT bEaUTIfUL. °Is, º THOUgHT as wE LEſt THE ROO¸, THE LINEs ON THE ¸ONITOR DaNcINg THEIR sTEaDy DaNcE, THE VENTILaTOR ¸EasURINg bREaTH aND TI¸E TO ITs OwN sLOwER
e d o C t c e f r e P e h T
IN THE pROcEEDINgs ANEsTHEsIa HaD sHOwN Up aND sLIppED aN ENDOTRacHEaL
RHyTH¸, THIs Is wHaT a cODE sHOULD bE. A cLEaN THINg. A bEaUTIfUL THINg. °E
76
paTIENT HaDN’T DIED.
tloH e c n e r r e T
°E REsT Of THE NIgHT was aNTIcLI¸ax, Of cOURsE. °ERE was a NOTE TO wRITE (THERE Is aLways a NOTE TO wRITE), fOR wHIcH wE HaD TO pUzzLE sO¸E TI¸E OVER THE sTRIps cHURNED OUT by THE TELE¸ETRy sysTE¸, THE NOTEs scRIbbLED ON a papER TOwEL REcORDINg wHaT DRUgs HaD bEEN gIVEN wHEN, THE VaLUEs caLLED OVER THE pHONE fRO¸ CORE ²ab aND wRITTEN IN bLack ¸aRkER ON THE LEg Of a NURsE’s scRUbs. °ERE was THE caLL TO THE wIfE: º HaD TO TE¸pER ¸y ENTHUsIas¸ as º sEaRcHED fOR wORDs TO UsE wHEN caLLINg fRO¸ THE »»u aT 2:35 IN THE ¸ORNINg. SHE TOOk THE NEws wELL ENOUgH, askED If º THOUgHT sHE NEEDED TO cO¸E NOw. º assURED HER HE was sTabLE. º assURED HER EVERyTHINg was UNDER cONTROL; º HaD aNTIcIpaTED THE cODE, º REaLIzED, wHEN º ¸OVED HI¸ TO THE »»u. ÁE was IN THE safEsT pOssIbLE pLacE. “ºN THE ¸ORNINg, THEN,” sHE saID sOſtLy. “ºN THE ¸ORNINg,” º agREED, aND TURNED TO THE caLL ROO¸ aT LasT, wHERE º spENT pERHaps fORTy-fiVE ¸INUTEs ON ¸y back, REpLayINg THE cODE agaINsT THE spRINgs Of THE E¸pTy bUNk abOVE ¸E, UNTIL ¸y pagER wENT Off agaIN aND THIs TI¸E IT was THE er. AND THEN aROUND fiVE aNOTHER cODE ON 4 WEsT, wHERE wE fOUND a ¸aN bLEEDINg fRO¸ a RUpTURED aRTERIaL gRaſt aND º HaD TO THREaTEN HI¸ wITH DEaTH If HE DID NOT HOLD sTILL wHILE º pUT yET aNOTHER caTHETER IN yET aNOTHER gROIN, aND THIs TI¸E THERE wERE fOURTEEN NURsEs IN THE ROO¸, aLL sHOUTINg aT ONcE, sO THaT º HaD TO bELLOw OVER THE¸ TO bE HEaRD as º REqUEsTED, REpEaTEDLy, THE pROpER caTHETER kIT, sO¸ETHINg bIg ENOUgH TO pOUR IN flUID as fasT as HE was LOsINg IT. °E paTIENT was aLIVE wHEN º saw HI¸ LasT, a scaRED aND TOUsLED sURgERy INTERN kNEELINg RIgHT ON TOp Of HI¸ TO HOLD pREssURE as THE ENTIRE UNgaINLy assE¸bLagE—paTIENT, INTERN, aND TREE Of iv bags—wHEELED OUT THE DOOR TO THE or. Back TO NOR¸aL LIfE, º saID TO SasHa as wE TRUDgED back TO THE caRDIOLOgy waRD. WHETHER sHE kNEw wHaT º was TaLkINg abOUT º cOULDN’T say, aND DIDN’T REaLLy caRE. º was sTILL waR¸ED by a VagUE sENsE Of sO¸ETHINg RIgHT HaVINg HappENED. MR. GILLET HaD cODED, cODED bEaUTIfULLy, aND HE HaD sURVIVED. WE HaD DONE EVERyTHINg RIgHT.
°E NExT ¸ORNINg ON ROUNDs, wE wERE cONgRaTULaTED fOR OUR ¸aNagE¸ENT Of MR. GILLET’s aRREsT, aLTHOUgH THERE was aN O¸INOUs pÁ VaLUE fRO¸ a bLOOD gas ObTaINED EaRLy ON IN THE EVENT THaT OccasIONED sO¸E sHakINg Of HEaDs. ÁE HaD NOT REspONDED sINcE THE cODE, bEINg cONTENT TO LIE THERE UNcONscIOUs IN HIs HaLO, HIs cHEsT RIsINg aND faLLINg IN REspONsE TO THE VENTILaTOR’s EffORTs.
BUT HIs VITaL sIgNs wERE sTabLE, HIs Labs fRO¸ THE fOUR ¾.m. DRaw wERE LOOkINg gOOD, aND º HaD ¸y HOpEs. µO LONgER fOR aN EaRLy DIscHaRgE, bUT º was HOpE-
77
º sHaRED THEsE HOpEs wITH MRs. GILLET wHEN sHE aRRIVED aT sEVEN. SHE sTOOD aT THE bEDsIDE LOOkINg DOwN, aND HER EyEs wERE wET, HER ¸OUTH UNsTabLy ¸ObILE. SHE REacHED OUT aL¸OsT TO TOUcH THE baRs sUppORTINg THE HaLO, DOwN ONE Of THE THREaDED RODs THaT pIERcED HER HUsbaND’s skIN abOVE THE TE¸pLE, aL¸OsT TOUcHED THERE, THEN wITHDREw. “ºs THIs THE . . . THINg? WHaT DO THEy caLL IT?” º was sILENT a ¸O¸ENT. “A HaLO,” º saID fiNaLLy. “°Ey caLL IT a HaLO.” “AH,” sHE saID. º LEſt HER aT THE bEDsIDE, MRs. GILLET wITH ONE HaND THROUgH THE cHRO¸E THaT cRaDLED HER HUsbaND’s HEaD.
¶aVID GILLET DIED fiVE Days LaTER, HaVINg NEVER REgaINED cONscIOUsNEss. As EacH Day passED aND HE gaVE NO sIgN Of ¸ENTaL acTIVITy, EVENTUaLLy IT bEca¸E cLEaR THaT NOT aLL Of HI¸ HaD sURVIVED THE cODE. MRs. GILLET DEcIDED, ONcE pNEU¸ONIa sET IN, TO wITHDRaw sUppORT. º HaD TO agREE. ´VEN THOUgH º HaD aNTIcIpaTED THE pNEU¸ONIa, aND was pRETTy sURE º cOULD gET HI¸ THROUgH IT, º HaD TO agREE IT was fOR THE bEsT. MUcH as º waNTED TO kEEp HI¸ aROUND. ÁE HaD bEcO¸E sO¸ETHINg UNREaL fOR ¸E—sO¸ETHINg bEaUTIfUL, LIkE a wORk Of aRT, bUT UNREaL. A¸ID aLL THE ¸Ess aND sqUaLOR Of THE HOspITaL, wITH ITs bLIND RaNDO¸ UNRaVELINg Of LIVEs, IN THEIR paTIENT DIgNITy aND kINDNEss HE aND HIs wIfE sTOOD apaRT. ºN HIs casE, fOR a LITTLE wHILE aT LEasT, EVERyTHINg HaD gONE ExacTLy as IT sHOULD HaVE. °E pERfEcT cODE. AND IT HaDN’T ¸aDE aNy DIffERENcE. µO DIffERENcE aT aLL. º pULLED HIs TUbE EaRLy IN THE aſtERNOON, aſtER a bEDsIDE sERVIcE, aND TOOk ¸y pLacE aT THE waLL wHILE THE UsUaL DRa¸a wORkED TO ITs cONcLUsION. SHE sENT ¸E a caRD THaT CHRIsT¸as, MRs. GILLET. º kEpT IT fOR a wHILE, UNTIL IT VaNIsHED IN THE cLUTTER ON ¸y DEsk. SHE HaD wRITTEN a TExT INsIDE, sO¸ETHINg fRO¸ THE µEw ¹EsTa¸ENT º HaD aD¸IRED aT THE bEDsIDE sERVIcE, bUT sOON fORgOT. º DO RE¸E¸bER VIVIDLy THE pIcTURE ON THE caRD. ºT was LIkE HER: sObER, aTTRacTIVE. ºT sHOwED a ¸EDIEVaL NaTIVITy scENE, aLL saINTs aND aNgELs wITH THEIR bURNIsHED gOLDEN OVaLs OVERHEaD. °EIR facEs wERE sORROwfUL IN pROfiLE, as If aNTIcIpaTINg wHaT wILL cROwN THaT ROsy NEwbORN, pERfEcTION LaID IN sTRaw, wITH paIN IN TI¸E TO cO¸E.
e d o C t c e f r e P e h T
fUL, aLL THE sa¸E.
CoeuR d’²lene Richard B. Weinberg
¶EspITE THE facT THaT COLOssUs, OUR NEw ELEcTRONIc HEaLTH REcORD pROgRa¸, HaD a cONfUsINg INTERfacE Of UNINTUITIVE IcONs, DEaD-END cLIck paTHs, aND UNwaNTED fUNcTIONs THaT cOULD ONLy HaVE bEEN DEsIgNED by a cabaL Of cO¸pUTER gEEks aND bUsINEss aD¸INIsTRaTORs, º DID ¸y bEsT TO aDapT IT TO THE NEEDs Of ¸y pRacTIcE. BUT º I¸¸EDIaTELy NOTED a DIsTREssINg pRObLE¸: UsINg COLOssUs TO ENTER EVEN THE sI¸pLEsT NOTE REqUIRED ¸ORE Of ¸y TI¸E—a LOT ¸ORE. SOON º was spENDINg as ¸UcH TI¸E TENDINg TO ¸y cHaRTs as º was TaLkINg TO ¸y paTIENTs. AND COLOssUs was ¸ONITORINg ¸y EVERy cLIck, THE a¸OUNT Of TI¸E a cHaRT sTayED OpEN, ¸y bILLINg cODEs. ´VERy Day, º was gREETED by a ¶OcTOR’s ¶asHbOaRD THaT RaTED ¸y (sUbpaR) pERfOR¸aNcE aND URgED ¸E TO bE fasTER. º DID NOT NEED TO bE RE¸INDED THaT THEsE DaTa wOULD bE UsED TO DETER¸INE ¸y cO¸pENsaTION. ºT INTRIgUED ¸E THaT THEsE IssUEs DID NOT sEE¸ TO bOTHER OUR TRaINEEs. BORN INTO THE INfOR¸aTION agE, fa¸ILIaR wITH cO¸pUTERs aND THE ºNTERNET sINcE INfaNcy, THEy TREaTED THE INsTaLLaTION Of COLOssUs LIkE THE appEaRaNcE Of jUsT aNOTHER s¸aRTpHONE app aND bLITHELy cLIckED THEIR way THROUgH THEIR paTIENT ENcOUNTERs wITH I¸pREssIVE spEED. BUT IT TROUbLED ¸E THaT THEIR EfficIENcy DID NOT NEcEssaRILy EqUaTE wITH DELIVERINg gOOD ¸EDIcaL caRE. ¶R. MaNNINg, THE REsIDENT assIgNED TO ¸y cLINIc ONE FRIDay ¸ORNINg, was NO DIffERENT. ±UR fiRsT paTIENT was a 54-yEaR-OLD ¸aN REfERRED fOR cHRONIc DIaRRHEa. ¶R. MaNNINg ExITED THE Exa¸INaTION ROO¸ aſtER a scaNT 10 ¸INUTEs bUT was abLE TO pREsENT a REasONabLE, If NOT gENERIc, DIffERENTIaL DIagNOsIs aND caRE pLaN. ·pON VIsITINg THE paTIENT, º cONcURRED. “²ET’s gO sEE THE NExT paTIENT,” º saID. “YOU caN fiNIsH THE ENcOUNTER NOTE LaTER.” “±H, º’VE aLREaDy fiNIsHED THE NOTE.” “ÁOw DID yOU DO THaT?”
³IcHaRD B. WEINbERg, “COEUR D’ALENE,” fRO¸ Annals of Internal Medicine 165, NO. 11 (2016): 822– 823. doi:10.7326/m16-0258. ³EpRINTED by pER¸IssION Of A¸ERIcaN COLLEgE Of PHysIcIaNs.
“º UsED a DIsEasE-spEcIfic ¸acRO TE¸pLaTE THaT º pROgRa¸¸ED TO aUTOpOpULaTE wITH paTIENT DaTa jUsT bEfORE THE VIsIT, THEN º cLIckED IN THE HIsTORy
79
bEfORE º LEſt THE ROO¸.” º LOOkED OVER aT ¸y cO¸pUTER scREEN aND saw THaT, INDEED, HIs ENcOUNTER NOTE HaD aLREaDy bEEN fORwaRDED TO ¸y INbOx fOR aUTHENTIcaTION aND sIgNaTURE—wHIcH, º REflEcTED saDLy, wOULD pRObabLy TakE ¸E ¸ORE TI¸E THaN IT TOOk HI¸ TO wRITE IT. º aLsO NOTED THaT aLL Of THE ¸EaNINgfUL UsE bOxEs HaD bEEN cHEckED aND THE paTIENT INfOR¸aTION sHEETs aND aſtER-VIsIT sU¸¸aRy HaD bEEN pRINTED OUT. º REVIEwED HIs NOTE; IT REaD as fOLLOws: »»: DIaRRHEa
×
×
+
±
−
h¿i: LOOsE sTOOLs 6 ¸O; 4–6 /Day; ( ) pOsTpRaNDIaL, ( ) NOcTURNaL; ( ) HE¸E, fEVER ¿mh, Àh: ON cHaRT
−
ro¼: aLL OTHER sysTE¸s ( ) ¿ex: {NOR¸aL TE¸pLaTE} ddx: ¶IaRRHEa, INfEcTIOUs V Os¸OTIc V sEcRETORy PLaN: sTOOL fOR Çi paTHOgENs, C. DIff, LacTOfERRIN, Os¸, LyTEs; »½», »m¿, cELIac sEROLOgy paNEL; cOLONOscOpy w/Bx; TRIaL Of CIpRO; DIaRRHEa INfO sHEET ºT was cONcIsE, EfficIENT—aND sOULLEss. “WHERE’s THE sOcIaL HIsTORy?” º INqUIRED. “°E NURsEs aLREaDy askED HI¸ abOUT TObaccO aND aLcOHOL UsE.” “°ERE’s a bIT ¸ORE TO THE sOcIaL HIsTORy THaN THaT. WHERE was HE bORN?” ÁE LOOkED aT ¸E as If º HaD askED HOw ¸aNy fOLDs wERE IN HIs paTIENT’s cEREbELLU¸. “º DON’T kNOw,” HE REpLIED IN bEwILDER¸ENT. “ºs HE ¸aRRIED? ¶OEs HE HaVE aNy cHILDREN?” “°aT’s pRObabLy IN THE cHaRT sO¸EwHERE,” HE OffERED La¸ELy. “WHaT DOEs HE DO fOR a LIVINg?” “º’¸ sORRy. º DIDN’T ask.” “SO, yOU DON’T REaLLy kNOw wHO THIs pERsON Is aT aLL, DO yOU?” ¶R. MaNNINg LOOkED DOwN IN DIs¸ay. WHy was º askINg sUcH sTRaNgE qUEsTIONs? “²ET ¸E TELL yOU THE aDVIcE THaT ¸y pHysIcaL DIagNOsIs TEacHER gaVE ¸E OVER 40 yEaRs agO. ³IgHT Off, ask EVERy paTIENT fOUR qUEsTIONs: WHERE wERE yOU bORN? ARE yOU ¸aRRIED, aND DO yOU HaVE cHILDREN? WHERE DID yOU gO TO
enelA’d rueoC
as º was TaLkINg TO THE paTIENT, ENTERED ¸y ORDERs, aND cLOsED OUT THE NOTE
scHOOL? WHaT kIND Of wORk DO yOU DO? ºf yOU DO THIs, IT wILL bE a RaRE paTIENT
80
wITH wHO¸ yOU DON’T fiND sO¸E pOINT Of cONNEcTION.” ÁE sEE¸ED VERy DUbIOUs bUT sOLDIERED Off TO sEE OUR NExT paTIENT, a
g r e b n i e W . B d r a h c i R
78-yEaR-OLD wO¸aN REfERRED fOR bLOaTINg aND abDO¸INaL paIN. AſtER ¸ORE THaN aN HOUR HE sTILL HaD NOT E¸ERgED fRO¸ THE Exa¸INaTION ROO¸. PERHaps HE was TRappED by a LOqUacIOUs paTIENT wHO HaD cO¸¸aNDEERED THE INTERVIEw, º ¸UsED. JUsT as º was abOUT TO gO REscUE HI¸, HE REappEaRED IN THE DOcTOR’s wORkROO¸, HIs facE bEa¸INg wITH ExcITE¸ENT. “º askED THE fOUR qUEsTIONs,” HE aNNOUNcED pROUDLy. “My paTIENT was bORN IN COEUR D’ALENE, ºDaHO!” “³EaLLy? µOT ¸aNy ºDaHOaNs HERE IN µORTH CaROLINa.” “YEs, bUT º’¸ ONE Of THE¸. º was bORN IN COEUR D’ALENE, TOO! AND ¶R. WEINbERg—yOU’RE NOT gOINg TO bELIEVE THIs—HER sIsTER was ¸y fiRsT-gRaDE TEacHER! WE sTaRTED TaLkINg abOUT aLL THE pEOpLE wE kNEw back HO¸E, aND º aL¸OsT fORgOT TO ask abOUT HER pRObLE¸. BUT THEN º askED If sHE was ¸aRRIED, aND sHE TOLD ¸E THaT HER HUsbaND DIED sUDDENLy LasT yEaR fRO¸ a sTROkE. ÁER bROTHER LIVEs IN CHaRLOTTE—THaT’s wHy sHE ¸OVED HERE. SHE aND HER HUsbaND UsED TO EaT DINNER TOgETHER EVERy sINgLE NIgHT fOR 60 yEaRs. SHE caN’T bEaR TO EaT aLONE aT HO¸E NOw, sO sHE EaTs ¸OsT Of HER ¸EaLs aT a Ë&Ì CafETERIa.” A NaRRaTIVE sTORy! ºN pROsE! “º THINk º kNOw wHaT’s wRONg,” HE cONTINUED. “SHE’s bEEN EaTINg a LOT Of SOUTHERN fOOD—bIscUITs, cREa¸ gRaVy, ¸asHED pOTaTOEs, cUsTaRD pIEs. °ERE’s a LOT Of ¸ILk IN THOsE fOODs THE way THEy ¸akE THE¸ HERE. º THINk sHE Has LacTOsE INTOLERaNcE, aND IT’s HER NEw DIET THaT’s caUsINg HER bLOaTINg aND cRa¸ps! ALL sHE NEEDs Is sO¸E LacTasE pILLs!” WE RETURNED TO THE Exa¸INaTION ROO¸, aND º INTRODUcED ¸ysELf TO THE wHITE-HaIRED LaDy wHO saT NExT TO THE cONsULTaTION DEsk. “º HEaR IT’s bEEN OLD HO¸E wEEk IN HERE,” º jOkED. “YEs. º THINk THIs fiNE yOUNg DOcTOR Has ¸E figURED OUT,” sHE REpLIED. SHE REacHED OUT aND TOOk HIs HaND. “µOw, º kNOw yOU’RE aN ExpERT, ¶R. WEINbERg, aND º ¸EaN NO DIsREspEcT, bUT º wOULD LIkE ¶R. MaNNINg TO bE ¸y DOcTOR fRO¸ NOw ON. ÁE kNOws wHERE º’¸ fRO¸.” ¶R. MaNNINg LOOkED Up aT ¸E sHEEpIsHLy; º NODDED back. “º agREE cO¸pLETELy, MRs. SORENsON. YOU’RE IN VERy gOOD HaNDs.” Back IN THE DOcTOR’s wORkROO¸, º pRaIsED ¸y REsIDENT. “´xcELLENT jOb! PLEasE kEEp ¸E INfOR¸ED HOw sHE’s DOINg. µOw, DID yOU wRITE aLL THIs DOwN IN yOUR pROgREss NOTE?” “µO, NOT yET. º was TOO bUsy TaLkINg. º’LL fiNIsH THE NOTE LaTER TODay. ·H—Is THaT Okay?”
“YEs, IT ¸OsT cERTaINLy Is.” “°aNk yOU, ¶R. WEINbERg. µO ONE Has EVER TaUgHT ¸E sO¸ETHINg LIkE
81
“YOU’RE wELcO¸E. AND THaNk yOU fOR sHOwINg ¸E THaT aUTOTExT TRIck. ÂERy cOOL.” ¶R. MaNNINg DEpaRTED fOR HIs NOON cONfERENcE, aND º wENT TO sEE ¸y LasT TwO paTIENTs. By NOw, º was ¸ORE THaN aN HOUR bEHIND scHEDULE. °E ¶asHbOaRD was NOT gOINg TO bE kIND TO ¸E, bUT º DIDN’T caRE. º DON’T NEED a cO¸pUTER TO TELL ¸E HOw TO bE a DOcTOR.
enelA’d rueoC
THIs bEfORE.”
´he “WoRThy” ³AT±enT ´±THINKINg TH± “¶Idd±N CURRIcUlUM” IN µ±dIcAl EdUcATION Robin T. Higashi, Allison Tillack, Michael A. Steinman, C. Bree Johnston, and G. Michael Harper
¶URINg cLINIcaL TRaININg, ¸EDIcaL sTUDENTs aND REsIDENTs IN ¸ajOR ·.S. ¸EDIcaL scHOOLs LEaRN TO pROVIDE DaILy caRE fOR NU¸EROUs paTIENTs IN a LI¸ITED a¸OUNT Of TI¸E. PROVIDINg THE “bEsT caRE pOssIbLE” bEcO¸Es a HIgHLy qUaLIfiED, sUbjEcTIVE ENDEaVOR, aND sTRaTEgIEs fOR accO¸pLIsHINg THIs aRE LEaRNED “ON THE jOb” DURINg cLINIcaL ROTaTIONs. ÁOw DO pHysIcIaNs DEcIDE HOw ¸UcH TI¸E TO DEVOTE TO EacH paTIENT IN ORDER TO pROVIDE caRE? ÁOw Is THIs DETER¸INaTION ¸aDE, aND HOw Is THIs pROcEss TaUgHT TO pHysIcIaNs-IN-TRaININg? ºT Is aRgUED IN THIs papER THaT THEsE DEcIsIONs aRE DIcTaTED by a ¸ORaL EcONO¸y RaTHER THaN a kNOwLEDgE EcONO¸y IN wHIcH VaLUEs, bEHaVIORaL NOR¸s, aND ETHIcaL assU¸pTIONs gUIDE TRaNsacTIONs as ¸UcH, If NOT ¸ORE, THaN kNOwLEDgE aND skILL. ¶RawINg fRO¸ REsEaRcH aT TwO ¸ajOR A¸ERIcaN ¸ETROpOLITaN TEacHINg HOspITaLs, THIs papER ILLU¸INaTEs HOw THIs pROcEss Of EVaLUaTION OccURs.
Background »H± “¶Idd±N CURRIcUlUM” °E RITUaL bEHaVIORs, assU¸pTIONs, aND cO¸¸ONLy HELD bELIEfs Of TEacHINg pHysIcIaNs cONsTITUTE wHaT Has bEEN TER¸ED THE “HIDDEN cURRIcULU¸” (JacksON 1968; ÁaffERTy aND FRaNks 1994; WEaR 1998).à As OppOsED TO THE fOR¸aL
³ObIN ¹. ÁIgasHI, ALLIsON ¹ILLack, MIcHaEL A. STEIN¸aN, C. BREE JOHNsTON, aND G. MIcHaEL ÁaRpER, “°E ‘WORTHy’ PaTIENT: ³ETHINkINg THE ‘ÁIDDEN CURRIcULU¸’ IN MEDIcaL ´DUcaTION,” fRO¸ Anthro-
pology and Medicine 20, NO. 1 (2013): 13–23. ³EpRINTED by pER¸IssION Of ¹ayLOR aND FRaNcIs ²TD.
cURRIcULU¸, wHIcH INVOLVEs kNOwLEDgE cO¸¸UNIcaTED VIa sUcH ¸EcHaNIs¸s as LEcTUREs, pLaNNED s¸aLL gROUp acTIVITIEs, TExTs, aND ONLINE LEaRNINg ¸OD-
83
a cULTURaL pROcEss THROUgH wHIcH sTUDENTs LEaRN wHaT Is aND wHaT sHOULD bE VaLUED aND HOw TO DIscRI¸INaTE bETwEEN “gOOD” aND “baD” cLINIcaL pRacTIcEs. ºN DOINg sO, pHysIcIaNs-IN-TRaININg LEaRN TO sUbjEcTIVELy DEfiNE paTIENTs IN ways THaT gUIDE THEIR INTERacTIONs aND INflUENcE DEcIsIONs abOUT THE paTIENT’s ¸EDIcaL caRE (FINE¸aN 1991). WHILE THE fOR¸aL cURRIcULU¸ Is I¸pLIcITLy DIREcTED aT HELpINg sTUDENTs REsIsT ¸akINg VaLUE jUDg¸ENTs Of paTIENTs, THE HIDDEN cURRIcULU¸ ENcOURagEs sTUDENTs TO cULTIVaTE aN INDEx Of VaLUE jUDg¸ENTs THaT ENabLE THE¸ TO acT wITHIN a ¸ORaL EcONO¸y Of caRE. PERcEpTIONs Of paTIENT wORTHINEss aRE ONE aspEcT Of THE HIDDEN cURRIcULU¸, aND paRTIcIpaNT NaRRaTIVEs sHOw HOw THE ¸ORaL EcONO¸y Is TaUgHT TO pHysIcIaNs-IN-TRaININg VIa THE HIDDEN cURRIcULU¸. ÁOwEVER, pHysIcIaNs-IN-TRaININg aRE NOT sI¸pLy passIVE REcIpIENTs Of THE HIDDEN cURRIcULU¸ bUT INsTEaD aRE acTIVE agENTs, “pUsHINg back agaINsT aND TRaNsfOR¸INg THE sTRUcTURE, EVEN as THEy OpERaTE wITHIN ITs cONsTRaINTs” (¶aVENpORT 2000, 324).
º µORAl EcONOMY Of CAR± °E cONcEpT Of ¸ORaL EcONO¸y Is a DERIVaTIVE Of pOLITIcaL EcONO¸y, a THEORETIcaL appROacH TO UNDERsTaNDINg THE sTRUcTURaL RELaTIONsHIp bETwEEN pOLITIcaL INsTITUTIONs aND EcONO¸Ic pOwER. KOHLI (1987, 125) DEfiNEs THE ¸ORaL EcONO¸y as “THE cOLLEcTIVELy sHaRED ¸ORaL assU¸pTIONs UNDERLyINg NOR¸s Of REcIpROcITy IN wHIcH a ¸aRkET EcONO¸y Is gROUNDED.” ºN OTHER wORDs, a ¸ORaL EcONO¸y pERspEcTIVE sEEks TO UNDERsTaND THE ETHIcs aND DIspOsITIONs THaT INflUENcE EcONO¸Ic ExcHaNgEs, aND VIcE VERsa. FOR Exa¸pLE, THE cONcEpT Has OſtEN bEEN UsED IN THE cONTExT Of HEaLTH caRE TO UNDERsTaND HOw ¸aNagED caRE pOLIcIEs aRE INflUENcED by cULTURaLLy DEfiNED NOTIONs Of basIc ¸EDIcaL NEEDs (SpRINkLE 2001). ºN TURN, IDEas abOUT wHaT cONsTITUTEs basIc ¸EDIcaL NEEDs aRE REIfiED OR cONTRaDIcTED by INsURaNcE pOLIcIEs THaT DEfiNE wHIcH sERVIcEs aRE cOVERED. PHysIcIaNs’ OwN cULTURaL bELIEfs, ROOTED IN bIO¸EDIcINE as sHaRED sOcIaL VaLUEs, INcLUDE ¸ORaLIzINg assU¸pTIONs abOUT paTIENTs aND THEIR ILLNEssEs. PHysIcIaNs-IN-TRaININg LEaRN TO UsE THEsE cULTURaL bELIEfs aND VaLUEs TO ¸akE assEss¸ENTs abOUT paTIENT wORTHINEss, aND THEsE DETER¸INaTIONs gUIDE DEcIsIONs abOUT THE qUaLITy aND qUaNTITy Of caRE pROVIDED TO EacH paTIENT. ºNsTEaD Of ¸ONEy OR ¸aTERIaL gOODs, TI¸E Is THE cURRENcy THaT Is spENT aND saVED by
tneitaP ” y h t r o W “ e h T
ULEs, THE basIc pRE¸IsE Of THE HIDDEN cURRIcULU¸ Is THaT ¸EDIcaL EDUcaTION Is
pHysIcIaNs. As ExcHaNgE fOR THIs capITaL, pHysIcIaNs ¸ay ExpEcT TO REcEIVE,
84
a¸ONg OTHER THINgs, a sENsE Of cO¸pETENcE aND pURpOsE, ¸EasURabLE I¸pROVE¸ENT IN THE paTIENT’s HEaLTH sTaTUs, aND pERHaps pOsITIVE fEEDback
. l a t e i h s a g i H .T n i b o R
fRO¸ THEIR sUpERIORs OR fRO¸ paTIENTs. FRO¸ a ¸ORaL EcONO¸y pERspEcTIVE, a paTIENT wHOsE HEaLTH wILL I¸pROVE LITTLE DEspITE ¸EDIcaL INTERVENTION Has LEss capITaL THaN a paTIENT wHO sTaNDs TO ¸akE a fULL REcOVERy gIVEN THE sa¸E a¸OUNT Of TI¸E spENT. ºN aRgUINg a ¸ORaL EcONO¸y Of cLINIcaL pRacTIcE, IT Is NOT pOsITED THaT THE INTERacTIONs bETwEEN pHysIcIaN aND paTIENT aRE REDUcED TO a sI¸pLE EcONO¸Ic EqUaTION. ºNsTEaD, IT Is aRgUED THaT ¸ORaLIzINg assU¸pTIONs aND VaLUEs aRE INHERENT IN pHysIcIaN TRaININg, aND HOwEVER sUbTLy THEy ¸ay bE cO¸¸UNIcaTED, jUDg¸ENTs abOUT VaRyINg DEgREEs Of paTIENT wORTHINEss INflUENcE paTIENT caRE.
Methods °E DaTa fOR THIs papER wERE gaTHERED THROUgH ETHNOgRapHIc fiELD REsEaRcH OVER a pERIOD Of fOUR ¸ONTHs IN 2005. ³EsEaRcH was cONDUcTED aT TwO TERTIaRy caRE TEacHINg HOspITaLs, bOTH LOcaTED IN a LaRgE cITy IN µORTHERN CaLIfORNIa. WHILE bOTH HOspITaLs sERVED ETHNIcaLLy DIVERsE paTIENTs, ONE HOspITaL pRI¸aRILy caRED fOR LOw-INcO¸E paTIENTs wHILE THE OTHER HaD a ¸ORE EcONO¸IcaLLy VaRIED paTIENT pOpULaTION. ´THNOgRapHIc REsEaRcH INVOLVED fOLLOwINg a TOTaL Of TEN ¸EDIcaL TEa¸s, EacH fOR a pERIOD Of ONE wEEk. Ä A TEa¸ TypIcaLLy cONsIsTED Of ONE aTTENDINg (cLINIcaL facULTy ¸E¸bER), ONE REsIDENT (sEcOND-yEaR REsIDENT), ONE INTERN (fiRsT-yEaR REsIDENT), ONE fOURTH-yEaR ¸EDIcaL sTUDENT, aND ONE THIRD-yEaR ¸EDIcaL sTUDENT. ALL ¸E¸bERs Of THE TEa¸ ExcEpT fOR THE aTTENDINg wERE DEfiNED as “pHysIcIaNs-IN-TRaININg” aND wERE pOTENTIaL sTUDy paRTIcIpaNTs. ¶aTa wERE gaTHERED UsINg IN-DEpTH INTERVIEws aND DIREcT ObsERVaTION, aLLOwINg fOR THE cO¸paRIsON Of bEHaVIORs aND OpINIONs ExpREssED IN bOTH ¸ORE aND LEss fOR¸aL ENVIRON¸ENTs. ±bsERVaTIONs fOcUsED ON acTIVITIEs IN wHIcH pHysIcIaNs-IN-TRaININg INTERacTED wITH OTHER ¸E¸bERs Of THE ¸EDIcaL TEa¸, Na¸ELy DURINg ¸ORNINg ROUNDs. ºN THE aſtERNOONs, paRTIcIpaNTs wERE ObsERVED IN UNsTRUcTURED, LEss fOR¸aL INTERacTIONs, UsUaLLy IN aND aROUND THE sTaff wORk aREa, bUT aLsO IN caLL ROO¸s, THE cafETERIa, HaLLways, aND sTaIRwELLs. A TOTaL Of 21 INTERVIEws wERE cONDUcTED, DIgITaLLy REcORDED, aND TRaNscRIbED. QUaLITaTIVE DaTa aNaLysIs cONsIsTs Of ITERaTIVE REaDINgs Of aLL TRaNscRIpTIONs aND ObsERVaTION NOTEs TO DIsTILL E¸ERgINg THE¸Es, paTTERNs, aND aREas Of INTEREsT (ScHENsUL, ScHENsUL, aND ²ECO¸pTE 1999). ºNfOR¸aTION ObTaINED THROUgH INTERVIEws was RELaTED
TO ObsERVaTIONaL DaTa, aND REcURRINg IDEas wERE assIgNED cODE Na¸Es (E.g., “fRUsTRaTION,” “¸ONEy,” “TEa¸ DyNa¸Ic”), wHIcH wERE UsED TO ORgaNIzE, caT-
85
ONE Of THE kEy THE¸Es THaT E¸ERgED THROUgH THIs aNaLysIs: paTIENT wORTHINEss.
Who Are the “Less Worthy” Patients? »H± “FR±qU±NT FlY±R” PaRTIcIpaNTs fELT ¸OsT NEgaTIVELy TOwaRD paTIENTs wHO wERE kNOwN TO cycLE IN aND OUT Of THE HOspITaL. SUcH paTIENTs, wHO wERE OſtEN HO¸ELEss aND/OR DRUg UsERs OR HaD cHRONIc cONDITIONs, wERE OſtEN DEscRIbED as EspEcIaLLy “fRUsTRaTINg.” SO¸E paRTIcIpaNTs OpENLy caLLED THE¸ by THE pEjORaTIVE “fREqUENT flyERs” (fOR ¸akINg fREqUENT TRIps TO THE HOspITaL). ºf a paTIENT was aD¸ITTED ON ¸ULTIpLE OccasIONs, OR If THE paTIENT HaD pREVIOUsLy LEſt THE HOspITaL agaINsT ¸EDIcaL aDVIcE (¾m¾), THIs INfOR¸aTION was INcLUDED DURINg THE pREsENTaTION. As ONE fOURTH-yEaR ¸EDIcaL sTUDENT saID, “PaTIENTs wHO aRE VERy wELL-kNOwN TO THE DOcTORs, THEy’VE cO¸E IN ¸aNy TI¸Es, aND THEy sIgN OUT ¾m¾. AND yOU kNOw EVEN If yOU pUT a TON Of ¸ONEy INTO THE¸ THEy’RE gOINg TO LEaVE.” SI¸ILaRLy, aN INTERN sTaTED, ºT’s fRUsTRaTINg bEcaUsE yOU kNOw IT’s a paTIENT THaT yOU’RE jUsT sORT Of TUNINg Up aND THEy’RE gOINg TO gO HO¸E aND THEy’RE gOINg TO cO¸E back IN THREE Days aND THERE’s NOTHINg yOU caN REaLLy DO abOUT IT . . . yOU HaVE sO ¸aNy paTIENTs ON yOUR TEa¸ aND yOU HaVE THIs paTIENT THaT Has THE sa¸E IssUEs EVERy TI¸E. AND If yOU kNOw THaT pRObabLy NO ¸aTTER wHaT yOU DO THEy’RE gOINg TO END Up gOINg HO¸E aND cO¸INg back, THEN yOU ¸ay NOT TRy as HaRD as pOssIbLE TO gET THE¸ INTO a gOOD sITUaTION bEcaUsE yOU THINk pRObabLy yOU’RE gOINg TO spEND HOURs aND HOURs aND HOURs aND THE REsULT Is gOINg TO bE THE sa¸E. . . . SO¸E paRTIcIpaNTs REflEcTED ON THE facT THaT NOT aLL “fREqUENT flyERs” wERE pURpOsELy TakINg aDVaNTagE Of THE sysTE¸, bUT IN facT HaD fEw aLTERNaTIVEs TO REcEIVE TREaT¸ENT by aNy OTHER ¸EaNs. °Us, wHILE THEy DIDN’T fEEL THaT THEsE paTIENTs wERE LEss wORTHy Of caRE, pER sE, THEy fELT fRUsTRaTED by THE facT THaT sIgNIficaNT HEaLTH caRE DOLLaRs wERE “DRaINED” ON sUcH paTIENTs. ³EflEcTINg ON THIs sITUaTION, aN INTERN cO¸¸ENTED, “WE spEND a LOT Of ¸ONEy ON caRE fOR paTIENTs IN THE HOspITaLs, bUT wE REaLLy DEVOTE NONE TO wHaT HappENs wHEN THEy LEaVE THE HOspITaL.”
tneitaP ” y h t r o W “ e h T
EgORIzE, aND RaNk kEy THE¸Es IN aN ONgOINg pROcEss. °Is papER REflEcTs ON
86
¸RUg ºddIcTS ºN REspONsE TO qUEsTIONs abOUT wHETHER HE Has REcEIVED NEgaTIVE ¸EssagEs
. l a t e i h s a g i H .T n i b o R
abOUT cERTaIN paTIENTs, ONE INTERN saID, “ºf º HaD TO TaRgET a gROUp THaT was spOkEN pOORLy Of aND wHO pEOpLE ROLLED THEIR EyEs TO . . . IT wOULD bE DRUg UsERs aND DRUg sEEkERs.” MaNy paRTIcIpaNTs fELT sUcH paTIENTs ExpLOITED THE sysTE¸ bEcaUsE THEy sEE¸ED LEss INTEREsTED IN REcEIVINg ¸EDIcaL caRE THaN THEy wERE IN sEcURINg fOOD aND HOUsINg, aND bEcaUsE THEy wERE UNLIkELy TO ¸akE aNy cHaNgEs IN THE bEHaVIORs THaT caUsED THEIR ¸EDIcaL pRObLE¸s. ANOTHER INTERN cO¸¸ENTED, °E pROTOTypE paTIENT wHO wOULDN’T bE wORTHy Of caRE wOULD bE THE cRack aDDIcT wHO cO¸Es IN wITH cHEsT paIN, aND THIs Is HIs fiſtH TI¸E THaT HE’s cO¸E IN REcENTLy, aND waNTs a LUNcH bag, aND IsN’T INTEREsTED IN ¸EDIcaL caRE. ºDEas abOUT DIsTRIbUTIVE jUsTIcE gOVERNED ¸aNy DETER¸INaTIONs Of paTIENT wORTHINEss. SEVERaL paRTIcIpaNTs ExpREssED sTRONg fEELINgs abOUT wHIcH paTIENTs THEy fELT wERE ¸ORE DEsERVINg Of HEaLTH caRE DOLLaRs, aND wHIcH, IN acTUaLITy, REcEIVED THOsE REsOURcEs. ±NE sEcOND-yEaR REsIDENT fELT E¸bITTERED by a paRTIcULaR paTIENT, a HO¸ELEss ¸aN wITH a HIsTORy Of pOLy-sUbsTaNcE abUsE wHO HaD bEEN aD¸ITTED sEVERaL TI¸Es fOR THE sa¸E UNDERLyINg IssUEs. ÁE assERTED, fRaNkLy, “°ERE’s pRObabLy NOT a LOT Of REasON TO kEEp UsINg ¸EDIcaL REsOURcEs ON THEsE pEOpLE aND REDIscOVERINg THE sa¸E THINgs THaT yOU aLREaDy kNEw.” °Is paRTIcIpaNT REcaLLED LEaRNINg THIs LEssON EaRLy ON as a ¸EDIcaL sTUDENT. “ºT’s NOT ExpLIcITLy saID THaT THEy DEsERVE LEss caRE, bUT IT is ExpLIcITLy saID THaT yOU DON’T NEED TO REINVENT THE wHEEL. ºN OTHER wORDs, THEy’VE HaD a fULL, sIgNIficaNT wORkUp OVER THE cOURsE Of ¸ULTIpLE HOspITaLIzaTIONs” (E¸pHasIs IN ORIgINaL).
»H± ¼ONAdH±R±NT ³ATI±NT AL¸OsT UNIVERsaLLy, paRTIcIpaNTs fELT aT a LOss TO UNDERsTaND wHy paTIENTs wOULD REfUsE TO fOLLOw THROUgH wITH VaRIOUs TREaT¸ENT REgI¸ENs wHEN DOINg sO wOULD REsULT IN aN I¸pROVE¸ENT IN THEIR cONDITION. µONaDHERENT paTIENTs wERE DEE¸ED LEss wORTHy Of caRE bEcaUsE, IN THE paRTIcIpaNTs’ VIEws, THE TEa¸’s EffORTs wERE fUTILE IN REsOLVINg THE UNDERLyINg ¸EDIcaL pRObLE¸. ±NE fOURTH- yEaR sTUDENT INDIcaTED, “YOU kIND Of sTaRT caTERINg yOUR caRE TO wHaT yOU kNOw THEy wILL DO TO TakE caRE Of THE¸sELVEs.” ºf paTIENTs DIDN’T INVEsT THE TI¸E aND ENERgy REqUIRED TO I¸pROVE THEIR ¸EDIcaL cONDITION, THEN paRTIcIpaNTs fELT jUsTIfiED IN INVEsTINg LEss IN THE¸ as wELL.
SO¸ETI¸Es NONaDHERENcE cENTERED ON a paTIENT’s REfUsaL TO REfRaIN fRO¸ ENgagINg IN cERTaIN sELf-HaR¸ bEHaVIORs. ±NE sEcOND-yEaR REsIDENT sTaTED
87
TakE THEIR ¸EDs, aND INsTEaD UsE ILLIcIT sTUff THaT’s HaR¸fUL TO THEIR HEaLTH, aND THEy’RE sEEN IN THE HOspITaL OVER aND OVER agaIN” aRE LEss wORTHy Is ONE THaT Is cO¸¸UNIcaTED EaRLy aND OſtEN. “º’VE DEfiNITELy HaD aTTENDINgs wHO fEEL qUITE sTRONgLy ON THaT,” sHE aDDED. °E fRUsTRaTION IN THEsE casEs sEE¸ED TO fOcUs LEss ON THE facT THaT THE paTIENTs ENgagED IN sELf-HaR¸ bEHaVIORs, bUT ¸ORE ON THE facT THaT THEy REcEIVED ExpENsIVE TREaT¸ENTs THaT wOULD LIkELy bE UNDONE by THE paTIENT’s cONTINUED sELf-HaR¸INg. FRO¸ a ¸ORaL EcONO¸y pERspEcTIVE, HEaLTH caRE DOLLaRs sHOULD pROVIDE THE gREaTEsT gOOD fOR THE gREaTEsT NU¸bER Of pEOpLE. PaRTIcIpaNTs fELT sTRONgLy THaT THE a¸OUNT Of REsOURcEs spENT ON ONE paTIENT—EspEcIaLLy If THaT paTIENT HaD acTIVELy caUsED HIs OwN ¸EDIcaL pRObLE¸s—wOULD bE bETTER spENT ON pREVENTIVE caRE fOR THOUsaNDs Of OTHER paTIENTs, wHO pREsU¸abLy DID NOT ENgagE IN sELf-HaR¸.
»H± ¸±fiANT ³ATI±NT ³EgaRDLEss Of THEIR ¸EDIcaL cONDITION, paTIENTs wHO bEHaVED RUDELy TOwaRD sTaff wERE aL¸OsT UNIVERsaLLy pERcEIVED as bEINg LEss wORTHy Of TI¸E aND aTTENTION. SEVERaL paRTIcIpaNTs REcaLLED ExpERIENcEs wITH paTIENTs wHOsE bEHaVIOR RaNgED fRO¸ ¸ODERaTELy UNpLEasaNT TO pHysIcaLLy aND VERbaLLy abUsIVE. PaRTIcIpaNTs aD¸ITTED THaT THEy DELIbERaTELy spENT ¸INI¸aL TI¸E wITH sUcH paTIENTs. FOR Exa¸pLE, DURINg THE wEEk IN wHIcH THE REsEaRcHER ObsERVED HIs TEa¸, aN INTERN REpORTED THaT ONE Of HIs paTIENTs was THROwINg HIs DIRTy DIapERs aT THE NURsEs aND URINaTINg ON THE flOOR (INsTEaD Of IN a DIapER) bEcaUsE HE was UNHappy THaT THE NURsEs HaD NOT REspONDED qUIckLy ENOUgH TO HIs REqUEsT fOR HELp gETTINg TO THE baTHROO¸. FOLLOwINg THIs INcIDENT, THE INTERN OVERHEaRD sTaff sayINg THEy wOULD DO THE absOLUTE ¸INI¸U¸ fOR THIs paTIENT aND TRy TO HaVE HI¸ DIscHaRgED OR TRaNsfERRED OUT Of THEIR UNIT as sOON as pOssIbLE. SI¸ILaRLy, a THIRD-yEaR ¸EDIcaL sTUDENT REcaLLED HER VERy fiRsT paTIENT IN THE DEpaRT¸ENT: FOR THREE wEEks HE was VERy abUsIVE TO EVERyONE, HE wOULD swEaR aT pEOpLE aND wOULD REfUsE TO DO THINgs aND wOULD caLL pEOpLE VaRIOUs ETHNIc sLURs aND HORRIbLE THINgs. SO pEOpLE wOULD TREaT HI¸ VERy baDLy a LOT Of TI¸Es IN RETURN. . . . [°E INTERN] was spENDINg VERy LITTLE TI¸E wITH HI¸ aND sO¸E Days NOT EVEN DO a pHysIcaL Exa¸ ON HI¸ bEcaUsE HE was
tneitaP ” y h t r o W “ e h T
THaT THE ¸EssagE THaT paTIENTs wHO “DON’T TakE caRE Of THE¸sELVEs, DON’T
sO UNpLEasaNT. . . . ºT was a pERfEcT Exa¸pLE Of “TREaT OTHERs THE way yOU
88
waNT TO bE TREaTED,” aND HE was gETTINg baD caRE bEcaUsE HE was TREaTINg pEOpLE sO baDLy.
. l a t e i h s a g i H .T n i b o R
WHILE HER TONE REflEcTED a cERTaIN LEVEL Of DIscO¸fORT wITH THE way THE sITUaTION was HaNDLED aND sHE sEE¸ED TO REcOgNIzE THaT THE TEa¸’s bEHaVIOR was ¸ORaLLy qUEsTIONabLE, THIs sTUDENT aLsO cLEaRLy sTaTED THaT THE TEa¸’s bEHaVIOR wITH THIs paTIENT was “jUsTIfiED IN a LOT Of ways, bUT IT was DIfficULT TO sEE.” By sayINg “TREaT OTHERs THE way yOU waNT TO bE TREaTED,” THIs pHysIcIaN- IN-TRaININg INDIcaTEs THaT sHE LEaRNED fRO¸ HER TEa¸ aND fRO¸ HER VERy fiRsT paTIENT THaT REcIpROcITy Is VaLUED aND pRacTIcED IN THE ¸ORaL EcONO¸y Of cLINIcaL caRE.
»H± Eld±RlY AN OpINION cO¸¸ONLy VOIcED was THaT OLDER paTIENTs wERE ¸ORE “NEEDy” IN a way THaT ¸aDE INTERacTIONs sLOw aND fRUsTRaTINg. SEVERaL paRTIcIpaNTs fELT THaT INTERacTIONs wITH OLDER paTIENTs TOOk ¸ORE TI¸E aND fELT LEss pRODUcTIVE. PaRTIcIpaNTs saID THaT THEy OſtEN HaD TO REpEaT THE¸sELVEs aND spEak ¸ORE sLOwLy, aND THaT OLDER paTIENTs TOOk LONgER TO “gET THE wORDs OUT,” waNTED TO TaLk a LONg TI¸E abOUT UNRELaTED THINgs, aND sO¸ETI¸Es cO¸pLaINED abOUT THINgs THaT paRTIcIpaNTs fELT wERE pETTy OR IRRELEVaNT. ±NE INTERN cO¸¸ENTED, A LOT Of OLDER paTIENTs aRE wHaT wE cOULD TRaDITIONaLLy caLL “pOOR HIsTORIaNs.” SO sO¸EONE wHO’s 85 cO¸Es IN . . . aND caN’T REcaLL HIs sy¸pTO¸s OR wHEN THINgs sTaRTED OR THE pREcIsE cHaRacTERIsTIcs Of wHaT’s gOINg ON, aND fOR a pHysIcIaN THaT caN bE REaLLy fRUsTRaTINg. AND º THINk THERE’s a cERTaIN a¸OUNT Of DIscRI¸INaTION gOINg ON THaT THOsE paTIENTs ¸ay NOT gET as gOOD caRE as sO¸EONE THaT cO¸Es IN wITH a sI¸ILaR pRObLE¸ wHO’s 10 TO 15 yEaRs yOUNgER aND caN DEscRIbE THE pRObLE¸ wELL aND EsTabLIsH a bETTER RappORT wITH THE pHysIcIaN. ±THER paRTIcIpaNTs’ cO¸¸ENTs REVEaLED THaT THEIR fRUsTRaTION sTE¸¸ED LEss fRO¸ THE paTIENTs THE¸sELVEs THaN IT DID fRO¸ THE REcOgNITION THaT paTIENTs wITH pROgREssIVE OR cHRONIc ILLNEssEs, EspEcIaLLy as THEy wERE OLDER, sI¸pLy DID NOT HaVE a LOT Of aLTERNaTIVEs fOR ¸ORE cO¸pREHENsIVE caRE wITHIN THE ¸EDIcaL sysTE¸. FOR Exa¸pLE, aN INTERN ExpREssED THaT IT was cO¸¸ON fOR OLDER paTIENTs NOT TO HaVE ENOUgH sOcIaL aND EcONO¸Ic sUppORT, wHIcH LEſt HI¸ HELpLEss TO sET Up bETTER, ¸ORE cONTINUOUs caRE OUTsIDE THE HOspITaL. ±LDER paTIENTs wERE pERcEIVED as fRUsTRaTINg aND LEss wORTHy Of sO¸E paR-
TIcIpaNTs’ aTTENTION pRI¸aRILy bEcaUsE THEy wERE assU¸ED TO HaVE ¸ULTIpLE cHRONIc ILLNEssEs THaT wERE ULTI¸aTELy INcURabLE aND REqUIRED INTERVENTION
89
TI¸E IN spITE Of THE INTERVENTIONs bEINg RELaTIVELy ¸INOR OR UNExcITINg (E.g., REHyDRaTION, basIc aNTIbIOTIcs, ETc.). ·NfORTUNaTELy, THE NET EffEcT Of THEsE NEgaTIVE ExpERIENcEs was aN OVERaLL fRUsTRaTION DIspLacED ON aLL HO¸ELEss, DRUg aDDIcTED, aND “DIfficULT” paTIENTs, INcLUDINg NEw aD¸ITs wHO HaD NOT yET bEEN assEssED bUT wHO wERE kNOwN TO HaVE cERTaIN UNfaVORabLE cHaRacTERIsTIcs. ºN OTHER wORDs, ¸EssagEs abOUT a gIVEN paTIENT’s wORTHINEss HaD RIppLINg EffEcTs bEyOND THaT sINgLE paTIENT. °Ey pREDIspOsED OTHER paTIENTs IN sI¸ILaR cIRcU¸sTaNcEs TO bE LabELED LEss wORTHy as wELL.
Who Are the “More Worthy” Patients? PaRTIcIpaNTs spOkE ¸ORE OſtEN Of “LEss wORTHy” THaN Of “¸ORE wORTHy” paTIENTs, bUT sO¸E REcaLLED ExpERIENcEs IN wHIcH THEIR sUpERIORs cLEaRLy cO¸¸UNIcaTED THE ¸EssagE THaT cERTaIN paTIENTs sHOULD REcEIVE pREfERENTIaL TREaT¸ENT. PaRTIcIpaNTs TypIcaLLy IDENTIfiED wEaLTHy paTIENTs aND cOLLEagUEs IN THE ¸EDIcaL pROfEssION as cHIEf a¸ONg THEsE. ±NE REsIDENT REcaLLED, “´ITHER THEy’RE bENEfacTORs Of THE HOspITaL OR IN cERTaIN cIRcU¸sTaNcEs THEy’VE bEEN wIVEs Of I¸pORTaNT aTTENDINg pHysIcIaNs.” A fOURTH-yEaR sTUDENT cO¸¸ENTED, “PEOpLE wHO aRE wEaLTHIER gET THEIR OwN ROO¸, aND THEy gET TREaTED bETTER by THE aTTENDINg. AND If THE aTTENDINg babys THE¸, yOU HaVE TO baby THE¸.” WHEN askED by THE REsEaRcHER wHaT sHE ¸EaNT by “babys THE¸,” sHE aDDED, “°E aTTENDINg a LOT Of TI¸Es waNTs TO kNOw as sOON as THEy cO¸E IN, VERsUs OTHER pEOpLE THEy DON’T NEED TO HEaR abOUT UNTIL THE NExT ¸ORNINg.” ºN aDDITION, paTIENTs wHO wERE DEE¸ED as LIkELy TO REcEIVE bETTER caRE THaN OTHERs INcLUDED THOsE wHO wERE sOcIaLLy ENgagINg aND INTERacTIVE (as OppOsED TO UNREspONsIVE OR UNpLEasaNT), wHO HaD aN ILLNEss NOT caUsED by baD HabITs (bUT RaTHER, fOR Exa¸pLE, “sO¸ETHINg gENETIc”), wHO wERE ¸OTIVaTED TO DO wHaTEVER was NEcEssaRy TO I¸pROVE THEIR cONDITION, aND wHO wERE LIkELy TO ¸akE a fULL REcOVERy. ±NE TRaINEE aD¸ITTED THaT “º TEND TO cONNEcT ¸ORE wITH paTIENTs THaT aRE ¸ORE LIkE ¸E—yOUNg, EDUcaTED, aND aRE ¸OTIVaTED TO gET bETTER—º gUEss wE jUsT HaVE ¸ORE IN cO¸¸ON, aND sO º fEEL LIkE º UNDERsTaND ¸ORE wHaT THEy’RE gOINg THROUgH, aND waNT TO HELp THE¸.” As ONE THIRD-yEaR ¸EDIcaL sTUDENT ObsERVED, THE VasT ¸ajORITy Of paTIENTs wERE TREaTED wITH REspEcT aND REcEIVED gOOD caRE. ÁOwEVER, “If sO¸ETHINg cO¸Es DOwN TO
tneitaP ” y h t r o W “ e h T
aND sUppORT bEyOND THE HOspITaL, aND bEcaUsE TREaTINg THE¸ REqUIRED a LOT Of
wHERE THE ExTRa ¸ILE NEEDs TO bE gONE, OR THaT ExTRa sO¸ETHINg,” THE TEa¸
90
spENT TI¸E ON paTIENTs wITH wHO¸ THEy “waNT TO . . . NOT HaVE TO” caRE fOR.
. l a t e i h s a g i H .T n i b o R
Negotiating within the Moral Economy PERcEpTIONs Of paTIENT wORTHINEss IN THIs sTUDy VaRIED accORDINg TO wHETHER paTIENTs HaD a “cURabLE” (I.E., NOT cHRONIc) ILLNEss OR aN ILLNEss NOT caUsED by sELf-DEsTRUcTIVE bEHaVIORs, wERE pLEasaNT aND ENgagINg, aND wERE ¸OTIVaTED TO cO¸pLy wITH THE TREaT¸ENT aDVIsED by THE ¸EDIcaL TEa¸. YET pHysIcIaNs- IN-TRaININg aRE NOT sI¸pLy passIVE REcIpIENTs Of THE ¸ORaL EcONO¸Ic VaLUE jUDg¸ENTs TaUgHT THROUgH THE HIDDEN cURRIcULU¸; INsTEaD, THE ¸ORaL EcONO¸y Is aRbITRaTED IN aND THROUgH pHysIcIaNs-IN-TRaININgs’ EffORTs TO OpERaTE wITHIN (aND OccasIONaLLy agaINsT) ITs sTRUcTUREs. ÁOwEVER, DEspITE THE EffORTs Of sO¸E Of THE sTUDENTs IN THIs sTUDy TO DELIbERaTELy REjEcT THE ¸ORaL EcONO¸Ic VaLUaTION Of paTIENT “wORTH” TaUgHT TO THE¸ VIa THE HIDDEN cURRIcULU¸, THEIR EffORTs wERE cONfOUNDED by THE sysTE¸Ic REqUIRE¸ENTs Of THE HOspITaL TO “¸OVE THINgs aLONg” aND THE HIERaRcHIcaL NaTURE Of ¸EDIcaL EDUcaTION. AN INTERN DEscRIbED sEVERaL cONTRaDIcTIONs IN HOw ¸EDIcaL scHOOL TaUgHT sTUDENTs TO pRacTIcE ¸EDIcINE aND HOw IT was acTUaLLy pRacTIcED IN cLINIcaL sETTINgs. “ºDEaLLy, yOU’D LIkE TO wORk THINgs Up fRO¸ ¸OsT pRObabLE TO LEasT pRObabLE OVER TI¸E IN a RaTIONaL way. . . . ºN pRacTIcE, IT sEE¸s LIkE wE THROw THE bOOk aT THE¸ aND ORDER as ¸aNy TEsTs—fOR aNyTHINg wE THINk Is a RE¸OTE pOssIbILITy— jUsT gET IT aLL DONE aT ONcE RaTHER THaN RULINg ONE THINg OUT aND THEN ¸OVINg TO THE NExT.” A fOURTH-yEaR sTUDENT agREED, sayINg, “ºT’s kIND Of LIkE ¸OVINg paTIENTs THROUgH aL¸OsT LIkE a facTORy, LIkE yOU’RE pUTTINg paRTs ON THE¸, bUT INsTEaD Of paRTs yOU’RE THROwINg ¸EDs aT THE¸ aND RUNNINg TEsTs.” ²EaRNINg HOw TO wORk EfficIENTLy by ¸akINg DIsTINcTIONs REgaRDINg paTIENT wORTHINEss Is paRT Of THE cLINIcaL TRaININg pROcEss. ²IkE OTHER VaLUEs aND assU¸pTIONs, THEsE ¸EssagEs, ExpLIcIT OR I¸pLIcIT, aRE passED fRO¸ sENIOR TO jUNIOR RaNkINg ¸E¸bERs Of a TEa¸. AND bEcaUsE THEy wORk wITHIN a sTRIcT TEa¸ HIERaRcHy, pHysIcIaNs-IN-TRaININg aRE HEaVILy INflUENcED by THEIR sUpERIORs. ºN facT, as ONE REsIDENT ExpLaINED, pHysIcIaNs-IN-TRaININg aRE IN sO¸E ways ¸ORE HEaVILy INflUENcED by THEIR sUpERIORs THaN THEy aRE by paTIENTs bEcaUsE, ULTI¸aTELy, THEIR fUTURE ¸EDIcaL caREER Is DEpENDENT UpON THOsE wHO EVaLUaTE THE¸. YOU sORT Of bEHaVE IN accORDaNcE wITH THE gENERaL aTTITUDE Of THE TEa¸. As a ¸ED sTUDENT, yOU’RE EVaLUaTED qUaLITaTIVELy, aND basIcaLLy yOUR gRaDEs
aRE a REflEcTION Of HOw ¸UcH [yOUR TEa¸ ¸E¸bERs] LIkE yOU, aND yOU waNT TO bE LIkED, aND THaT ¸OTIVaTION Is ObVIOUsLy THERE. AND yOU’RE NOT
91
¸ORE by yOUR TEa¸ THaN by yOUR paTIENTs Is REaL. AND sO If yOUR TEa¸ acTs LIkE a bUNcH Of DONkEys, yOU fEEL cO¸pELLED TO acT a LITTLE bIT LIkE a DONkEy TO fiT IN aND TO gET yOUR gOOD gRaDEs. MaNy paRTIcIpaNTs ackNOwLEDgED THE sTRONg pREssURE TO “fiT IN” wITH THE REsT Of THE TEa¸. ºNTEREsTINgLy, HOwEVER, sO¸E yOUNgER pHysIcIaNs-IN-TRaININg IDENTIfiED INTERacTIONs wITH gROUps Of paTIENTs TypIcaLLy IDENTIfiED as “LEss wORTHy” Of caRE as a ¸EcHaNIs¸ fOR gaININg a sENsE Of agENcy aND I¸pORTaNcE wITHIN THE cONfiNEs Of THE ¸ORaL EcONO¸y ENfORcED by THE sTRIcT HIERaRcHy Of ¸EDIcaL EDUcaTION. FOR Exa¸pLE, sEVERaL paRTIcIpaNTs pOINTED TOwaRD caRE Of THE ELDERLy as pROVIDINg a sENsE Of pROfEssIONaL wORTH IN ExcHaNgE fOR THEIR caRE. AN INTERN sTaTED THaT “wHEN º TakE caRE Of a 30-yEaR-OLD paTIENT, aND º’¸ a 26-yEaR-OLD DOc, THEy’RE LIkE, ‘±H yOU’RE THE REsIDENT’ [UsINg a DIs¸IssIVE TONE].” BUT wITH OLDER paTIENTs, “´VEN If yOU’RE a ¸EDIcaL sTUDENT, If yOU’RE TakINg caRE Of THE¸ yOU’RE THE DOc. °Ey’LL LIsTEN TO yOU. . . . ±LDER pEOpLE HaVE THaT ‘yOU’RE THE DOcTOR’ kIND Of aTTITUDE.” As THEsE Exa¸pLEs INDIcaTE, THE abILITy fOR TRaINEEs TO NEgOTIaTE wITHIN THE sTRUcTURE Of THE ¸ORaL EcONO¸y aND TO INVEsT TI¸E wITH paTIENTs THaT ¸ay bE cONsIDERED OTHERwIsE “UNwORTHy” Of caRE OffERs THE pOTENTIaL REwaRD Of pROfEssIONaL REcOgNITION aND a sENsE Of agENcy. ÁOwEVER, THE OppORTUNITIEs fOR THIs kIND Of ExcHaNgE aRE LI¸ITED by INcREasINg DE¸aNDs ON TRaINEEs TO bE ¸ORE EfficIENT aND caRE fOR a gREaTER NU¸bER Of paTIENTs IN LEss TI¸E as THEIR TRaININg pROgREssEs. PHysIcIaNs-IN-TRaININg aRE OſtEN awaRE Of THE ways THaT ¸ORaL jUDg¸ENT I¸pacTs ¸EDIcaL pRacTIcE aND sTRUggLE wITH THE cONflIcTs aND TENsIONs bETwEEN wHaT THEy aRE TaUgHT sHOULD bE “IDEaL” caRE aND caRE basED ON THE ¸ORaL EcONO¸y. YET, EVEN fOR THOsE wHO REcOgNIzE THE pRObLE¸aTIc NaTURE Of THIs cONflIcT, THE ¸ORaL EcONO¸y RE¸aINs THE ONLy way TO OpERaTE wITHIN THE HEaLTH caRE sysTE¸.
Discussion °E pHysIcIaNs-IN-TRaININg IN THIs sTUDy LEaRNED fRO¸ THEIR sUpERIORs THaT cERTaIN paTIENTs aRE ¸ORE DEsERVINg Of caRE, aND THaT cERTaIN Tasks aRE LEss wORTHy Of THEIR TI¸E aND sHOULD bE DELEgaTED TO NURsEs aND aNcILLaRy sTaff. ¶URINg THE pROcEss Of bEINg TaUgHT HOw TO bE a pHysIcIaN, THEy wERE aLsO
tneitaP ” y h t r o W “ e h T
gRaDED by paTIENTs, yOU’RE gRaDED by THE TEa¸. SO THE DEsIRE TO bE LIkED
TaUgHT THE NOR¸s Of REcIpROcITy aND HOw ¸EssagEs abOUT THE RELaTIVE wOR-
92
THINEss Of paTIENTs aRE TO bE TRaNs¸ITTED aND REINfORcED a¸ONg ¸E¸bERs Of THE TEa¸ HIERaRcHy. ºN aDDITION, pHysIcIaNs-IN-TRaININg fREqUENTLy fOUND
. l a t e i h s a g i H .T n i b o R
THaT THEIR EffORTs TO REsIsT ¸akINg ¸ORaL jUDg¸ENTs abOUT paTIENTs wERE cONfOUNDED by THE NEED TO “¸OVE THINgs aLONg” as wELL as THE HIERaRcHIcaL NaTURE Of ¸EDIcaL EDUcaTION. °Ey LEaRNED THaT IT’s accEpTabLE TO spEND ¸ORE TI¸E wITH NIcER paTIENTs, aND TO DEVOTE ¸ORE ENERgy TO pOTENTIaLLy REwaRDINg paTIENTs wITH “fixabLE” ¸EDIcaL pRObLE¸s. ºNDEED, bEINg UNabLE TO “fix” a paTIENT ¸ay REpREsENT a cHaLLENgE TO a ¸EDIcaL pRacTITIONER’s EgO OR pROfEssIONaL sENsE Of sELf, aND ¸ay pLay aN I¸pORTaNT ROLE IN THE caTEgORIzaTION Of paTIENTs as ¸ORE OR LEss DEsERVINg Of caRE. STUDENTs cHaLLENgINg THIs ¸ORaL EcONO¸y Of caRE ExpOsE THE¸sELVEs TO pOTENTIaL pERsEcUTION OR cRITIcIs¸ fRO¸ THEIR sUpERIORs. ÁOwEVER, REgaRDLEss Of THE pOTENTIaL fOR cRITIcIs¸ OR pOOR EVaLUaTIONs aND IN spITE Of UNpROfEssIONaL cONDUcT by ¸EDIcaL EDUcaTORs, sO¸E ¸EDIcaL sTUDENTs cONTINUE TO cHaLLENgE THE VaLUE jUDg¸ENTs aND bEHaVIORs sUppORTED by THE HIDDEN cURRIcULU¸. WHILE IT Is cLEaR THaT NEgaTIVE ROLE ¸ODELINg Has a pOwERfUL I¸pacT ON sTUDENTs, THERE Is aLsO EVIDENcE THaT sTUDENTs wHO HaVE pOsITIVE ExpERIENcEs wITH paTIENT caRE aND fEEL THaT THEIR sUpERIORs sUppORT a paTIENT-cENTERED appROacH ¸aINTaIN a cO¸¸IT¸ENT TO ETHIcaL cLINIcaL caRE (KRUpaT ET aL. 2009). YET, THE VERy pOssIbILITIEs Of caRE aRE DEfiNED by ¸acROsTRUcTURaL cONsTRaINTs INcLUDINg THE HEaLTH caRE INsURaNcE sysTE¸, acaDE¸Ic TRaININg HIERaRcHIEs, INsTITUTIONaL pOLIcIEs, aND THE pOLITIcaL EcONO¸y Of DIsEasE (COHEN, CRUEss, aND ¶aVIDsON 2007; ÁaffERTy aND ²EVINsON 2008). °Us, LEaRNINg TO caTEgORIzE paTIENTs basED ON VERy LITTLE INfOR¸aTION bEcO¸Es NOT ONLy a way fOR pHysIcIaNs TO cONsERVE TI¸E, bUT OsTENsIbLy DEfiNEs cLINIcaL EfficIENcy aND cO¸pETENcy. °E caTEgORIEs Of paTIENTs wHO INcURRED THE ¸OsT ¸ORaL jUDg¸ENT sEE¸ED TO DE¸aND ¸ORE ExpENDITURE THaN RETURN ON THE pHysIcIaNs’ REsOURcEs. °EsE sa¸E paTIENTs pROVIDED aN OppORTUNITy fOR pHysIcIaNs-IN-TRaININg TO cHaLLENgE THE ObjEcTIVEs Of THE HIDDEN cURRIcULU¸, yET ULTI¸aTELy TRaINEEs REcOgNIzED THE ULTI¸aTE aUTHORITy Of UsINg ¸ORaL jUDg¸ENTs TO DETER¸INE THE bEHaVIORs Of pHysIcIaNs TOwaRD THEIR paTIENTs. ¶IscUssIONs Of pROfEssIONaLIs¸ wITHIN THE ¸EDIcaL cO¸¸UNITy sTREss THaT pHysIcIaNs sHOULD “pROVIDE paTIENTs wITH THE bEsT pOssIbLE caRE” wHILE aLsO acTINg “as a gOOD sTEwaRD Of sOcIETy’s ¸EDIcaL REsOURcEs” (¶UgDaLE, SIEgLER, aND ³UbIN 2008, 550). CLEaRLy, THE sTUDENTs IN THIs sTUDy, wHILE cOgNIzaNT Of sTRUcTURaL, EcONO¸Ic, aND sOcIaL facTORs INflUENcINg paTIENTs’ abILITIEs (aND DEsIREs) TO fOLLOw THE bEHaVIORs aND TREaT¸ENTs pREscRIbED by HEaLTH caRE pROfEssIONaLs, gENERaLLy RELIED ON ¸ORaL EcONO¸Ic DETER¸INaTIONs Of paTIENT
wORTH TO DEcIDE wHIcH TypEs Of paTIENTs ¸EDIcaL REsOURcEs wERE “wasTED” ON OR “wORTHy” Of aTTENTION.
93
¸ENTs Of paTIENT wORTH aND VaLUE cONTINUE TO cENTER ON INDIVIDUaLs wHOsE bEHaVIOR VIOLaTEs THE pOwER HIERaRcHIEs aND NOR¸s Of THE HEaLTH caRE sysTE¸. ÁOwEVER, THEsE DEVIaNT OR REbELLIOUs paTIENTs wERE LabELED as “LEss wORTHy” Of caRE NOT bEcaUsE THEIR acTIONs OR HEaLTH DEcIsIONs wERE cONsIDERED ¸ORaLLy wRONg, bUT bEcaUsE THEy REpREsENTED a pOOR INVEsT¸ENT Of pHysIcIaN TI¸E aND EffORT. WHILE THE RHETORIc Of paTIENT aUTONO¸y Is sUppORTED by pHysIcIaNs aND pHysIcIaNs-IN-TRaININg, IN pRacTIcE paTIENTs ¸UsT cO¸pLy wITH THE gOaLs aND VaLUEs Of THE HOspITaL sysTE¸ TO bE “wORTHy Of caRE.”
notes 1 °E TER¸ “HIDDEN cURRIcULU¸” was cOINED by PHILIp JacksON IN 1968 TO DEscRIbE THE aTTITUDEs aND bELIEfs THaT cHILDREN ¸UsT LEaRN as paRT Of THE sOcIaLIzaTION pROcEss IN ORDER TO sUccEED IN scHOOL. ÁaffERTy was THE fiRsT TO aDapT THE cONcEpT TO THE aREa Of ¸EDIcINE IN 1994. 2 ³. ÁIgasHI, aN aNTHROpOLOgIsT, cONDUcTED aLL fiELD REsEaRcH acTIVITIEs UNDER THE ¸ENTORsHIp Of THREE pHysIcIaNs (M. STEIN¸aN, C. B. JOHNsTON, aND M. ÁaRpER).
re½eren¾es COHEN, J. J., S. CRUEss, aND C. ¶aVIDsON. 2007. ALLIaNcE bETwEEN sOcIETy aND ¸EDIcINE: °E pUbLIc’s sTakE IN ¸EDIcaL pROfEssIONaLIs¸. Journal of the American Medical
Association 298: 670–672. ¶aVENpORT, B. A. 2000. WITNEssINg aND THE ¸EDIcaL gazE: ÁOw ¸EDIcaL sTUDENTs LEaRN TO sEE aT a fREE cLINIc fOR THE HO¸ELEss. Medical Anthropology Quarterly 14: 310–327. ¶UgDaLE, ². S., M. SIEgLER, aND ¶. ¹. ³UbIN. 2008. MEDIcaL pROfEssIONaLIs¸ aND THE DOcTOR-paTIENT RELaTIONsHIp. Perspectives in Biology and Medicine 51: 547–553. FINE¸aN, µ. 1991. °E sOcIaL cONsTRUcTION Of NONcO¸pLIaNcE: A sTUDy Of HEaLTH caRE aND sOcIaL sERVIcE pROVIDERs IN EVERyDay pRacTIcE. Sociology of Health and Illness 13: 354–373. ÁaffERTy, F., aND ³. FRaNks. 1994. °E HIDDEN cURRIcULU¸, ETHIcs, TEacHINg aND THE sTRUcTURE Of ¸EDIcaL EDUcaTION. Academic Medicine 69: 861–871. ÁaffERTy, F., aND ¶. ²EVINsON. 2008. MOVINg bEyOND NOsTaLgIa aND ¸OTIVEs: ¹OwaRDs a cO¸pLExITy scIENcE VIEw Of ¸EDIcaL pROfEssIONaLIs¸. Perspectives in Biology and
Medicine 51: 599–615. JacksON, P. W. 1968. Life in Classrooms. µEw YORk: ÁOLT, ³INEHaRT Í WINsTON.
tneitaP ” y h t r o W “ e h T
¶EspITE THE REcENT INcREasED E¸pHasIs ON THE NOTION Of paTIENT aUTONO¸y IN ¸EDIcaL EDUcaTION aND pROfEssIONaLIs¸ TRaININg, THEsE NEgaTIVE jUDg-
KIsHI¸OTO, M., M. µagOsHI, S. WILLIa¸s, K. Á. MasakI, aND P. ². BLaNcHETTE. 2005.
94
KNOwLEDgE aND aTTITUDEs abOUT gERIaTRIcs Of ¸EDIcaL sTUDENTs, INTERNaL ¸EDIcINE REsIDENTs, aND gERIaTRIc ¸EDIcINE fELLOws. Journal of the American Geriatric Society 53: 99–102.
. l a t e i h s a g i H .T n i b o R
KOHLI, M. 1987. ³ETIRE¸ENT aND THE ¸ORaL EcONO¸y. Journal of Aging Studies 1: 125–144. KRUpaT, ´., S. PELLETIER, ´. K. ALExaNDER, ¶. ÁIRsH, B. ±gUR, aND ³. ScHwaRTzsTEIN. 2009. CaN cHaNgEs IN THE pRINcIpaL cLINIcaL yEaR pREVENT THE EROsION Of sTUDENTs’ paTIENT- cENTERED bELIEfs? Academic Medicine 84: 582–586. ScHENsUL, S. ²., J. J. ScHENsUL, aND M. ¶. ²ECO¸pTE. 1999. Essential ethnographic methods:
Observations, interviews, and questionnaires. WaLNUT CREEk, CA: ALTa MIRa PREss. SpRINkLE, ³. Á. 2001. A ¸ORaL EcONO¸y Of A¸ERIcaN ¸EDIcINE IN THE ¸aNagED caRE ERa.
°eoretical Medicine and Bioethics 22: 247–268. WEaR, ¶. 1998. ±N wHITE cOaTs aND pROfEssIONaL DEVELOp¸ENT: °E fOR¸aL aND THE HIDDEN cURRIcULa. Annals of Internal Medicine 129: 734–737.
How DocToRs ´h±nk ClINIcAl JUdgM±NT ANd TH± ³RAcTIc± Of µ±dIcIN± Kathryn Montgomery
The Complexity of Clinical Rationality GIVEN THE RaDIcaL UNcERTaINTy Of cLINIcaL ¸EDIcINE as a scIENcE-UsINg pRacTIcE THaT ¸UsT DIagNOsE aND TREaT ILLNEssEs ONE by ONE, THE cO¸pLEx REasONINg pHysIcIaNs UsE REqUIREs a RIcHER cONcEpT Of RaTIONaLITy THaN a spaRE, pHysIcs- basED, pOsITIVIsT accOUNT Of scIENTIfic kNOwINg. KIRsTI MaLTERUD aRgUEs THaT TRaDITIONaL ¸EDIcaL EpIsTE¸OLOgy Is aN INaDEqUaTE REpREsENTaTION Of ¸EDIcaL kNOwLEDgE bEcaUsE “THE HU¸aN INTERacTION aND INTERpRETaTION wHIcH cONsTITUTEs a cONsIDERabLE ELE¸ENT Of cLINIcaL pRacTIcE caNNOT bE INVEsTIgaTED fRO¸ THaT EpIsTE¸Ic pOsITION.” Ã ºN VIEw Of THIs ¸IsREpREsENTaTION Of cLINIcaL kNOwINg, ´RIc CassELL Has caLLED INsTEaD fOR a bOTTO¸-Up, ExpERIENcE-basED THEORy Of ¸EDIcINE: KNOwLEDgE . . . wHETHER Of ¸EDIcaL scIENcE OR THE aRT Of ¸EDIcINE, DOEs NOT TakE caRE Of sIck pERsONs OR RELIEVE THEIR sUffERINg; cLINIcIaNs DO IN wHO¸ THEsE kINDs Of kNOwLEDgE aRE INTEgRaTED. . . . [M]EDIcINE NEEDs a sysTE¸aTIc aND DIscIpLINED appROacH TO THE kNOwLEDgE THaT aRIsEs fRO¸ THE cLINIcIaN’s ExpERIENcE RaTHER THaN aRTIficIaL DIVIsIONs Of ¸EDIcaL kNOwLEDgE INTO scIENcE aND aRT.Ä SUcH ExpERIENcED kNOwINg Is cLINIcaL jUDg¸ENT, THE ExERcIsE Of pRacTIcaL REasONINg IN THE caRE Of paTIENTs. ºT Is EssENTIaL TO ¸EDIcINE aND ITs cHaRacTERIsTIc Tasks: fiRsT (as ´D¸UND PELLEgRINO ENU¸ERaTEs THE¸) TO DIagNOsE THE paTIENT, sEcOND, TO cONsIDER THE pOssIbLE THERapIEs, aND fiNaLLy TO DEcIDE wHaT Is bEsT TO DO IN THIs paRTIcULaR cIRcU¸sTaNcE.Æ By THEIR NaTURE, THEsE aRE cO¸pLEx
KaTHRyN MONTgO¸ERy, How Doctors °ink: Clinical Judgment and the Practice of Medicine (µEw YORk: ±xfORD ·NIVERsITy PREss, 2005), 37–41. ³EpRINTED by pER¸IssION Of ±xfORD ·NIVERsITy PREss, ·SA.
aND pOTENTIaLLy UNcERTaIN Tasks, NO ¸aTTER HOw aDVaNcED THE scIENcE THaT
96
INfOR¸s THE¸, aND THE pHRONEsIs OR cLINIcaL jUDg¸ENT THEy REqUIRE Is THE EssENTIaL VIRTUE Of THE gOOD pHysIcIaN. ºT Is THE gOaL TOwaRD wHIcH cLINIcaL
y r e m o g t n o M n y r h t a K
EDUcaTION aND THE pRacTIcE Of ¸EDIcINE sTRIVE. CO¸pLExITy aND UNcERTaINTy aRE bUILT INTO THE pHysIcIaN’s EffORT TO UNDERsTaND THE paRTIcULaR IN LIgHT Of gENERaL RULEs. ºf pHysIcIaNs cOULD bE scIENTIsTs, THEy sURELy wOULD bE. °E ObsTacLE THEy ENcOUNTER Is THE RaDIcaL UNcERTaINTy Of cLINIcaL pRacTIcE: NOT jUsT THE INcO¸pLETENEss Of ¸EDIcaL kNOwLEDgE bUT, ¸ORE I¸pORTaNT, THE I¸pREcIsION Of THE appLIcaTION Of EVEN THE ¸OsT sOLID- sEE¸INg facT TO a paRTIcULaR paTIENT. °E DEVELOp¸ENT Of EpIDE¸IOLOgy aND sTRaTEgIEs fOR ITs UsE wITH INDIVIDUaL paTIENTs sUcH as cLINI¸ETRIcs, cLINIcaL EpIDE¸IOLOgy, ¸EDIcaL DEcIsION ¸akINg, aND EVIDENcE-basED ¸EDIcINE (e½m) HaVE REDUcED THIs UNcERTaINTy aND VasTLy I¸pROVED paTIENT caRE. FOLLOwINg ON DEcaDEs Of cLINIcaL REsEaRcH, THE COcHRaNE COLLabORaTION’s EVaLUaTION aND REcONcILIaTION Of THE REsULTs Of DIspaRaTE, appaRENTLy INcO¸¸ENsURabLE sTUDIEs Has ENcOURagED THE sENsE THaT by UsINg THE sTRaTEgIEs Of e½m, INVaRIaNT pREcIsION—REaL cERTaINTy—IN DEaLINg wITH HU¸aN ILLNEss ¸ay bE jUsT aROUND THE cORNER.Î ALTHOUgH e½m Has NEVER cLaI¸ED THaT, ITs I¸pOssIbILITy Is NO REasON NOT TO wORk TOwaRD gREaTER RELIabILITy IN DIagNOsIs, TREaT¸ENT, aND pROgNOsIs. BUT, LIkE THE DIsTaNcE bETwEEN AcHILLEs aND THE TORTOIsE, THE gap bETwEEN INVaRIaNT, RELIabLE, UNIVERsaLIzabLE Laws aND THE VaRIabLE ¸aNIfEsTaTIONs Of ILLNEss IN a paRTIcULaR paTIENT RE¸aINs. °aT Is THE NaTURE Of a scIENcE Of INDIVIDUaLs. WE waNT IT TO bE OTHERwIsE, EspEcIaLLy wHEN THOsE wE LOVE OR wE OURsELVEs aRE ILL. BUT DEspITE ¸EDIcINE’s ¸IRacLEs—aND THEy aRE LEgION— cLINIcaL kNOwINg Is NOT cERTaIN, NOR wILL IT EVER bE. ScIENTIfic aDVaNcE wILL NOT cHaNgE THIs. ºN THaT IDEaL fUTURE wHEN THE paTHOpHysIOLOgy Of DIsEasE Is THOROUgHLy kNOwN aND THE EpIDE¸IOLOgy Of EVERy ¸aLaDy EsTabLIsHED, aND bOTH aRE aT THE fiNgERTIps Of THE ExpERIENcED pRacTITIONER, ¸EDIcINE wILL RE¸aIN a pRacTIcE. ¶IagNOsIs, pROgNOsIs, aND TREaT¸ENT Of ILLNEss wILL gO ON REqUIRINg INTERpRETaTION, THE HaLL¸aRk Of cLINIcaL jUDg¸ENT. PHysIcIaNs wILL sTILL bE EDUcaTED aND EsTEE¸ED fOR THE casE-basED pRacTIcaL REasONINg THaT Is sITUaTED, OpEN TO DETaIL, flExIbLE, aND REINTERpRETabLE, bEcaUsE THEIR Task wILL cONTINUE TO bE THE DIscOVERy Of wHaT Is gOINg ON wITH EacH paRTIcULaR paTIENT. ´VEN wITH THE LasT ¸OLEcULaR fUNcTION UNDERsTOOD, THE gENO¸E fULLy ExpLIcaTED, aND caNcER cURabLE, THE caRE Of sIck pEOpLE wILL NOT bE aN UN¸EDIaTED “appLIcaTION” Of scIENcE. PEOpLE VaRy; DIsEasEs ¸aNIfEsT THE¸sELVEs IN VaRyINg ways. °E INDIVIDUaL paTIENT wILL sTILL REqUIRE cLINIcaL scRUTINy, cLINIcaL INTERpRETaTION. °E HIsTORy wILL bE TakEN, THE bODy Exa¸INED fOR sIgNs, TEsTs pERfOR¸ED, aND THE ¸EDIcaL casE cONsTRUcTED. PaTIENTs
wILL gO ON pREsENTINg DE¸OgRapHIcaLLy I¸pRObabLE sy¸pTO¸s Of DIsEasEs; sO¸E wILL REqUIRE TOxIc THERapy, aND sO¸ETI¸Es TREaT¸ENT wILL cO¸E TOO LaTE.
97
THE spEcIficITy wITH wHIcH THEy caN IDENTIfy DIsEasE. °ERapIEs Of cHOIcE wILL bE sEcOND cHOIcE fOR sO¸E paTIENTs aND wILL NEVER cURE qUITE EVERyONE. °E aTTENTIVE fOcUs ON THE paRTIcULaR paTIENT THaT Is THE cLINIcIaN’s ¸ORaL ObLIgaTION wILL cONTINUE TO cO¸pEL THE ExERcIsE Of pRacTIcaL REasON. BEcaUsE THE pRacTIcE Of ¸EDIcINE REqUIREs THE REcOLLEcTION aND REpREsENTaTION Of sUbjEcTIVE ExpERIENcE, pHysIcIaNs wILL gO ON INVEsTIgaTINg EacH cLINIcaL casE: REcONsTRUcTINg TO THE bEsT Of THEIR abILITy EVENTs Of bODy, ¸IND, fa¸ILy, aND ENVIRON¸ENT. FOR THIs Task scIENTIfic kNOwLEDgE Is NEcEssaRy aND LOgIc EssENTIaL, EVEN THOUgH THE Task ITsELf Is NaRRaTIVE aND INTERpRETIVE. CLINIcIaNs ¸UsT gRasp aND ¸akE sENsE Of EVENTs OccURRINg OVER TI¸E EVEN as THEy REcOgNIzE THE INHERENT UNcERTaINTy Of THIs qUasI-caUsaL, RETROspEcTIVE RaTIONaL sTRaTEgy. PIEcINg TOgETHER THE EVIDENcE Of THE paTIENT’s sy¸pTO¸s, pHysIcaL sIgNs, aND TEsT REsULTs TO cREaTE a REcOgNIzabLE paTTERN OR pLOT Is a cO¸pLEx aND I¸pREcIsE ExERcIsE. ºT Is sUbjEcT TO aLL THE fRaILTy Of HIsTORIcaL REcONsTRUcTION, bUT IT RE¸aINs THE bEsT—THE LOgIcaL, RaTIONaL bEsT—THaT cLINIcaL REasONERs caN DO. ºT Is NOT scIENcE, NOT IN aNy pOsITIVIsT sENsE, NOR Is IT aRT.
The Misrepresentation of Clinical Rationality WHy DOEs ¸EDIcINE cOLLUDE IN THE ¸IsREpREsENTaTION Of ITs RaTIONaLITy? ±NE ObVIOUs ExpLaNaTION Is THaT ¸EDIcINE’s sTaTUs IN sOcIETy DEpENDs IN LaRgE paRT ON THE scIENTIfic cHaRacTER Of ¸UcH Of ITs INfOR¸aTION. ¹O cLaI¸ TO bE a scIENTIsT IN OUR cULTURE Is TO sTakE OUT aUTHORITy aND pOwER. BUT pHysIcIaNs sUffER THE ILL EffEcTs Of THIs HUbRIs: as paTIENTs aND as cITIzENs, wE ExpEcT THE¸ TO bE faR ¸ORE cERTaIN THaN EITHER THEIR pRacTIcE OR THE bIOLOgy ON wHIcH IT Is basED caN waRRaNT, aND, fOR ¸aNy REasONs, THEy aRE LIkELy TO TakE THEsE ExpEcTaTIONs fOR THEIR OwN. MaLpRacTIcE sUITs THaT aRIsE ¸ORE fRO¸ aNgER OVER ¸IspLacED ExpEcTaTIONs aND pERcEIVED NEgLEcT THaN fRO¸ gENUINE ¸IsTakEs aRE THE REsULT.Ï As fOR pOwER, IT aRIsEs ¸ORE sTRONgLy fRO¸ HU¸aN NEED IN TI¸E Of ILLNEss THaN fRO¸ scIENcE. A wIDEspREaD appREcIaTION Of cLINIcaL jUDg¸ENT wOULD pROVIDE pHysIcIaNs a HU¸aN aND faLLIbLE bUT sTILL TRUsTwORTHy aUTHORITy. A ¸ORE INTEREsTINg, LEss ObVIOUs REasON fOR DEscRIbINg ¸EDIcINE as a scIENcE Is a pRacTIcaL REqUIRE¸ENT Of cLINIcaL ¸EDIcINE, ITs NEED fOR cERTaINTy wHEN TakINg acTION ON bEHaLf Of aNOTHER HU¸aN bEINg. ÁaNs-GEORg GaDa¸ER DEscRIbEs sUcH a NEED (THOUgH NOT THE accO¸paNyINg cLaI¸ TO scIENcE) as
knihT s r o t c o D woH
¹EsTs wILL HaVE TO bE baLaNcED bETwEEN THEIR sENsITIVITy TO ¸aRgINaL casEs aND
cHaRacTERIsTIc Of aLL pRacTIcE. “PRacTIcE REqUIREs kNOwLEDgE,” HE wRITEs,
98
“wHIcH ¸EaNs THaT IT Is ObLIgED TO TREaT THE kNOwLEDgE aVaILabLE aT THE TI¸E as cO¸pLETE aND cERTaIN.”Ð CERTaINLy ONE Of ¸EDIcINE’s cHIEf sTRaTEgIEs fOR
y r e m o g t n o M n y r h t a K
¸INI¸IzINg THE INEscapabLE UNcERTaINTy Of ITs pRacTIcE Is TO REgaRD—THOUgH aLways wITH skEpTIcIs¸—THE bEsT aVaILabLE INfOR¸aTION as REaL, DEpENDabLE, aND absOLUTE, aND THEsE qUaLITIEs aRE HELD TO bE cHaRacTERIsTIc Of scIENcE. °Is pRacTIcaL sTRaTEgy ¸akEs sENsE Of aN ODD pHENO¸ENON: pHysIcIaNs’ Lack Of INTEREsT IN THE LaTE TwENTIETH-cENTURy DEbaTE abOUT THE sTaTUs Of scIENTIfic kNOwLEDgE OR ITs REpREsENTaTION Of REaLITy. ¶EspITE sTEREOTypEs abOUT pRE¸EDIcaL sTUDENTs, ¸aNy pHysIcIaNs HaVE HaD a gOOD LIbERaL EDUcaTION, aND aLL Of THE¸ HaVE ¸ET Up wITH THE assU¸pTION-RaTTLINg pUzzLE Of qUaNTU¸ ¸EcHaNIcs IN THE pHysIcs cOURsEs REqUIRED fOR ¸EDIcaL scHOOL aD¸IssION. WITH THEIR wHITE cOaTs Off, THEy aRE LIkELy TO kNOw as ¸UcH abOUT THE HIsTORy aND pHILOsOpHy Of scIENcE as OTHER cOLLEgE gRaDUaTEs. °Ey NEVERTHELEss sEE¸ TO NEED THE HONORIfic LabEL “scIENcE” as a waRRaNT fOR THEIR cLINIcaL acTs. MEDIcaL sTUDENTs wHO as UNDERgRaDUaTEs wERE I¸¸ERsED IN pHILOsOpHy OR aNTHROpOLOgy OR cULTURaL sTUDIEs aRE NO ¸ORE LIkELy TO REsIsT THE scIENcE cLaI¸ (wITH OR wITHOUT THE aRT HEDgE) THaN THOsE wHO ¸ajORED IN bIO¸EcHaNIcaL ENgINEERINg OR EcONO¸Ics. ±NcE IN pRacTIcE, ¸aNy pHysIcIaNs wELL EDUcaTED IN THE bIOLOgIcaL scIENcEs aND kEENLy awaRE Of THE INERaDIcabLE UNcERTaINTy Of THEIR wORk sTILL REfER TO ¸EDIcINE as a scIENcE—aND wITHOUT aN appaRENT sHRED Of EpIsTE¸OLOgIcaL DOUbT. ºT Is as If, HaVINg E¸baRkED ON a pERILOUsLy UNcERTaIN pRacTIcE, cHaRacTERIzED by UNgENERaLIzabLE RULEs aND ExcEpTIONs TO THOsE RULEs THaT pROLIfERaTE LIkE EpIcycLEs Of THE pLaNETs IN PTOLE¸aIc cOs¸OLOgy, THEy ¸UsT cLINg fOR INTELLEcTUaL jUsTIficaTION—bEyOND THE NEED fOR sOcIaL aND INTERpERsONaL pOwER—TO THE sHaRDs Of a HIsTORIcaL bUT by NOw ¸ETapHORIc aND INappLIcabLE cERTaINTy. ScIENcE Is REgaRDED as THE “gOLD sTaNDaRD” Of cLINIcaL ¸EDIcINE pREcIsELy bEcaUsE IT pRO¸IsEs RELIabILITy, REpLIcabILITy, ObjEcTIVITy—IN sHORT, wHaT cERTaINTy Is aVaILabLE IN aN UNcERTaIN pRacTIcE. °E ¸ETapHOR Of THE gOLD sTaNDaRD, sO wIDELy UsED as aN I¸agE Of bEsT pRacTIcE aND scIENTIfic cERTaINTy, Is IRONIcaLLy apT—aND jUsT as UNExa¸INED as THE scIENcE cLaI¸. GOLD NO LONgER backs aNy ¸ajOR wORLD cURRENcy. ºT Has gONE THE way Of pOsITIVIsT scIENcE. ²IkE scIENcE aND THE pOpULaR cONcEpTION Of RaTIONaLITy IT sTaNDs fOR, gOLD Is sTILL aVaILabLE fOR THE INVOcaTION Of VaLUE, bUT IT was LONg agO RELaTIVIzED, RENDERED cONDITIONaL, aND UNDERsTOOD as IN paRT THE pRODUcT Of ITs sOcIaL UsE. ±NE OTHER REasON fOR ¸EDIcINE’s ¸IsDEscRIpTION Is aN ETHIcaL ONE. PHysIcIaNs aRgUE THaT THE bELIEf THaT ¸EDIcINE Is a scIENcE Is EssENTIaL TO ¸EDIcaL EDUcaTION. CLINIcaL kNOwLEDgE, aLTHOUgH EVOLVINg, Is aT aNy gIVEN ¸O¸ENT
fixED aND cERTaIN, aND as TEacHERs THEy waNT TO fOsTER IN THEIR sTUDENTs aND REsIDENTs a NEaRLy ObsEssIVE aTTENTION TO DETaIL, a DRIVE TO kNOw aLL THaT caN
99
aRE THE ¸aRks Of THE gOOD cLINIcIaN. ºT ¸IgHT sEE¸ OUTRagEOUs TO ask THE¸ sI¸ULTaNEOUsLy TO ackNOwLEDgE cLINIcaL ¸EDIcINE’s IRREDUcIbLE UNcERTaINTy— aLTHOUgH, as º wILL sHOw, cOVERTLy THEy ¸aNagE TO DO ExacTLy THaT aT EVERy cLINIcaL TURN. PaTIENTs aRE REsIsTaNT TOO. ¶O wE waNT pHysIcIaNs TO TELL Us as THEy ENTER THE Exa¸INaTION ROO¸ THaT THEIR kNOwLEDgE Is INcO¸pLETE, ITs appLIcaTION TO OUR casE wILL bE I¸pREcIsE, aND ITs UsEfULNEss UNcERTaIN? µOT UNLEss OUR cO¸pLaINT Is VERy ¸INOR wE DON’T. WE waNT TO THINk Of THE¸ as pOwERfUL, DEDIcaTED, pERfEcT figUREs. °Is RIgID ExpEcTaTION caRRIEs OVER INTO THE s¸aLLEsT DETaILs Of EDUcaTION aND pRacTIcE. WORk sHIſts fOR pHysIcIaNs aND 80-HOUR wEEks fOR REsIDENTs HaVE bEEN REsIsTED bEcaUsE THEy ¸IgHT LI¸IT THEIR aLL-OUT DEDIcaTION TO paTIENTs. AND paTIENTs, EVEN wHEN THEy kNOw THE assERTION Is NEcEssaRILy sUspEcT, sTILL waNT TO gO ON HEaRINg “WE’VE DONE EVERyTHINg pOssIbLE.” FEw cLINIcIaNs—OR paTIENTs—HaVE I¸agINED cHaNgINg THIs folie a deux. Ñ ºs IT pOssIbLE TO EDUcaTE gOOD pHysIcIaNs wHILE REcOgNIzINg THaT scIENcE Is a TOOL RaTHER THaN THE sOUL Of ¸EDIcINE? º bELIEVE IT Is, EspEcIaLLy If THaT EDUcaTION wERE fRa¸ED fOR¸aLLy, as IT NOw Is TacITLy, as a ¸ORaL EDUcaTION, a LONg aND scRUpULOUs pREpaRaTION TO acT wIsELy fOR THE gOOD Of THEIR paTIENTs IN aN UNcERTaIN fiELD Of kNOwLEDgE.Ò A fiRsT sTEp wOULD bE TO scRap THE UNExa¸INED DEscRIpTION Of cLINIcaL ¸EDIcINE as bOTH a scIENcE aND aN aRT. °E DUaLITy IgNOREs aLL THaT ¸EDIcINE sHaREs wITH ¸ORaL REasONINg aND REINfORcEs THE cONTE¸pORaRy TENDENcy TO spLIT ETHIcs fRO¸ ¸EDIcINE. MORaL kNOwINg Is THE EssENcE Of cLINIcaL ¸ETHOD, INExTRIcabLy bOUND Up wITH THE caRE Of THE paTIENT. ºN ¸EDIcINE, ¸ORaLITy aND cLINIcaL pRacTIcE REqUIRE pHRONEsIs, THE pRacTIcaL RaTIONaLITy THaT cHaRacTERIzEs bOTH a RELIabLE ¸ORaL agENT aND a gOOD pHysIcIaN. AccOUNTs Of cLINIcaL ¸EDIcINE sHOULD cELEbRaTE cLINIcaL jUDg¸ENT aND NOT THE IDEa Of scIENcE THaT pHysIcIaNs bORROw fRO¸ µEwTONIaN pHysIcs. µOR sHOULD THEy appEaL TO a VagUELy DEfiNED “aRT” TO ¸ODIfy OR ENRIcH THaT OUT¸ODED IDEa Of scIENcE. CLINIcaL ¸EDIcINE Is bEsT DEscRIbED, INsTEaD, as a pRacTIcE. AccOUNTs Of pHysIcIaNs’ wORk, EspEcIaLLy cELEbRaTORy ONEs, sHOULD E¸pHasIzE THE ExERcIsE Of cLINIcaL REasONINg OR pHRONEsIs, THE DEpLOy¸ENT Of cLINIcaL jUDg¸ENT ON bEHaLf Of THE paTIENT. ºN EqUIppINg pHysIcIaNs TO pERfOR¸ THaT EssENTIaL Task, ¸EDIcaL EDUcaTION Is NEcEssaRILy a ¸ORaL EDUcaTION, fOR IT Is TRaININg TO cHOOsE wHaT Is bEsT TO DO IN THE wORLD Of acTION. ºTs gOaL Is THE cULTIVaTION Of pHRONEsIs, THE pRacTIcaL REasON EssENTIaL TO cLINIcaL
knihT s r o t c o D woH
bE kNOwN, aND a DEDIcaTION TO THE bEsT pOssIbLE caRE fOR EacH paTIENT. °EsE
jUDg¸ENT. °E pRacTIcE Of ¸EDIcINE REqUIREs kNOwLEDgE Of HU¸aN bIOLOgy,
100
a sTORE Of cLINIcaL ExpERIENcE, gOOD DIagNOsTIc aND THERapEUTIc skILLs, aND a fa¸ILIaRITy wITH THE VagaRIEs Of THE HU¸aN cONDITION. °EIR INTERsEcTION
y r e m o g t n o M n y r h t a K
IN THE caRE Of paTIENTs—THE pRacTIcE THaT ¸akEs pHysIcIaNs wHO aND wHaT THEy aRE—Is NEITHER a scIENcE NOR aN aRT. ºT Is a DIsTINcTIVE pRacTIcaL ENDEaVOR wHOsE paRTIcULaR way Of kNOwINg—ITs pHRONEsIOLOgy—qUaLIfiEs IT TO bE THaT I¸pOssIbLE THINg, a scIENcE Of INDIVIDUaLs.
notes 1 KIRsTI MaLTERUD, “°E ²EgITI¸acy Of CLINIcaL KNOwLEDgE: ¹OwaRDs a MEDIcaL ´pIsTE¸OLOgy ´¸bRacINg THE ART Of MEDIcINE,” °eoretical Medicine 16 (1995): 183–198; 183. 2 ´RIc CassELL, °e Nature of Suffering and the Goals of Medicine (µEw YORk: ±xfORD ·NIVERsITy PREss, 1991), xI. ÁIs Doctoring: °e Nature of Primary Care Medicine (µEw YORk: ±xfORD ·NIVERsITy PREss, 1997), aN ExpERIENcE-basED EpIsTE¸OLOgy Of ¸EDIcINE, DEscRIbEs THE INaDEqUacy Of scIENcE—ITs “sUpERficIaLITy”—as a ¸ODEL aND a sOURcE fOR cLINIcaL kNOwINg. 3 ´D¸UND ¶. PELLEgRINO aND ¶aVID C. °O¸as¸a, A Philosophical Basis of Medical Prac-
tice, 125–143. 4 °E COcHaNE COLLabORaTION Is aVaILabLE ONLINE aT www.cOcHRaNE.ORg (accEssED SEpTE¸bER 15, 2004). 5 ²INDa ¹. KOHN, JaNET M. CORRIgaN, aND MOLLa S. ¶ONaLDsON, EDs., To Err Is Human:
Building a Safer Health System (WasHINgTON, ¶C: CO¸¸ITTEE ON QUaLITy Of ÁEaLTH CaRE IN A¸ERIca, ºNsTITUTE Of MEDIcINE, 2000). 6 ÁaNs-GEORg GaDa¸ER, °e Enigma of Health: °e Art of Healing in a Scientific Age , TRaNs. JasON GaIgER aND µIcHOLas WaLkER (STaNfORD: STaNfORD ·NIVERsITy PREss, 1996), 4. 7 ÁaROLD BURszTajN, ³IcHaRD º. FEINbLOO¸, ³ObERT M. Áa¸¸, aND ARcHIE BRODsky DEscRIbE HOw IT ¸IgHT bE DONE IN Medical Choices, Medical Chances, 2ND ED. (µEw YORk: ³OUTLEDgE, 1990). 8 CHaRLEs BOsk, Forgive and Remember: Managing Medical Failure (CHIcagO: ·NIVERsITy Of CHIcagO PREss, 1979). SEE aLsO PELLEgRINO aND °O¸as¸a, Philosophical Basis of Med-
ical Practice .
HeAl±ng Sk±lls foR Med±cAl ³RAcT±ce Larry R. Churchill and David Schenck
WE THOUgHT wE cOULD cURE EVERyTHINg, bUT IT TURNs OUT wE caN ONLy cURE a s¸aLL a¸OUNT Of HU¸aN sUffERINg. °E REsT Of IT NEEDs TO bE HEaLED. —r¾»hel n¾omi remen
AT THE cENTER Of ¸EDIcaL ETHIcs Is THE HEaLINg RELaTIONsHIp. —edmund d. ¿elleÇrino
ALL pHysIcIaNs REcOgNIzE THaT THEIR RELaTIONsHIps wITH paTIENTs caN HaVE HEaLINg EffEcTs. CO¸passIONaTE, TRUsTINg RELaTIONsHIps wITH paTIENTs aRE THE cHIEf DELIVERy VEHIcLE fOR THE scIENTIfic INTERVENTIONs Of ¸ODERN ¸EDIcINE. CLINIcIaNs aRE cONcERNED DaILy wITH cONVINcINg pEOpLE TO UNDERgO pHysIcaL Exa¸INaTIONs; accEpT pRObEs INTO THEIR pRIVaTE LIVEs; ENDURE DIagNOsTIc TEsTs; OR TakE ¸EDIcaTIONs THaT aRE INcONVENIENT, sO¸ETI¸Es paINfUL, aND OccasIONaLLy INcUR RIsk. ³ELaTIONaL skILLs aRE fUNDa¸ENTaL TO sUccEss IN THEsE pERsUasIVE ENDEaVORs, aND RELaTIONsHIps THE¸sELVEs HaVE pOTENTIaL THERapEUTIc VaLUE— IT Is DEscRIbED IN scIENTIfic TER¸s as THE “pLacEbO EffEcT”à OR THE “¸EaNINg REspONsE,”Ä as wELL as IN ETHIcaL TER¸s, as PELLEgRINO aRgUEs. Æ ºN aDDITION, RELaTIONsHIps wITH paTIENTs aRE a LaRgE paRT Of THE INTRINsIc REwaRDs Of ¸EDIcaL pRacTIcE. ¶EspITE THIs REcOgNITION, RELaTIONaL skILLs aRE RaRELy sTUDIED sysTE¸aTIcaLLy aND aRE OſtEN cONsIgNED TO THE UNscIENTIfic aND ¸ysTIfiED “aRT” Of ¸EDIcINE. ALTHOUgH THERE aRE NU¸EROUs bOOks ON INTERVIEwINgΖРaND sTUDIEs Of pHysIcIaN-paTIENT cONVERsaTIONs, Ñ wE kNOw Of VERy fEw E¸pIRIcaL sTUDIEs Of HOw pHysIcIaNs bUILD RELaTIONsHIps THaT HaVE HEaLINg pOTENTIaL.
²aRRy ³. CHURcHILL aND ¶aVID ScHENck, “ÁEaLINg SkILLs fOR MEDIcaL PRacTIcE,” fRO¸ Annals of
Internal Medicine 149, NO. 10 (2008): 720–724. ³EpRINTED by pER¸IssION Of A¸ERIcaN COLLEgE Of PHysIcIaNs.
Interviews with Expert Healers 102 WE INTERVIEwED 50 pRacTITIONERs fRO¸ 3 sTaTEs wHO wERE REgaRDED by THEIR k c n e h c S divaD d n a l l i h c r u h C . R y r r a L
pROfEssIONaL pEERs as EspEcIaLLy gOOD aT EsTabLIsHINg aND sUsTaININg ExcELLENT paTIENT RELaTIONsHIps. PRacTITIONERs INcLUDED 40 acaDE¸Ic aND cO¸¸UNITy pHysIcIaNs acROss a wIDE RaNgE Of spEcIaLTIEs aND 10 NON-ÓÔ pRacTITIONERs IN cO¸pLE¸ENTaRy aND aLTERNaTIVE ¸EDIcINE. ºNTERVIEwEEs RaNgED IN agE fRO¸ ¸ID-30s TO LaTE 70s, aND 50 pERcENT Of paRTIcIpaNTs wERE wO¸EN. WE cONDUcTED facE-TO-facE, sE¸IsTRUcTURED INTERVIEws aND ¸aDE aUDIO REcORDINgs Of THE INTERVIEws aNONy¸OUs. WE THEN INDEpENDENTLy aNaLyzED TRaNscRIpTs fOR cORE THE¸Es aND cONTENT aND REcONcILED aNy DIsagREE¸ENTs IN OUR aNaLysIs THROUgH DIscUssION. °E INsTITUTIONaL REVIEw bOaRD aT ÂaNDERbILT ·NIVERsITy MEDIcaL CENTER appROVED THE sTUDy, aND ExpERT pRacTITIONERs gaVE INfOR¸ED cONsENT.
Eight Themes ºN REspONsE TO THE basIc qUEsTIONs Of THE INTERVIEws (“ÁOw DO yOU gO abOUT EsTabLIsHINg aND ¸aINTaININg HEaLINg RELaTIONsHIps wITH yOUR paTIENTs? WHaT cONcRETE THINgs DO yOU DO TO bRINg THIs abOUT?”), EIgHT fUNDa¸ENTaL THE¸Es E¸ERgED (bOx 1).
³RAcTITION±R ¿KIllS »HAT ³ROMOT± ¶±AlINg ´±lATIONSHIpS bOX 1 EIgHT do the little thinǼ ºNTRODUcE yOURsELf aND EVERyONE ON THE TEa¸ GREET EVERybODy IN THE ROO¸ SHakE HaNDs, s¸ILE, sIT DOwN, ¸akE EyE cONTacT GIVE yOUR UNDIVIDED aTTENTION BE HU¸aN, bE pERsONabLE t¾Êe time ¾nd li¼ten BE sTILL BE qUIET BE INTEREsTED BE pREsENT
½e o¿en BE VULNERabLE
103
FacE THE paIN ²OOk fOR THE UNspOkEN Õind ¼omethinÇ to liÊe, to love ¹akE THE RIsk STRETcH yOURsELf aND yOUR wORLD °INk Of yOUR fa¸ILy remove ½¾rrier¼ PRacTIcE HU¸ILITy Pay aTTENTION TO pOwER aND ITs DIffERENTIaLs CREaTE bRIDgEs BE safE aND ¸akE wELcO¸INg spacEs let the ¿¾tient eX¿l¾in ²IsTEN fOR wHaT aND HOw THEy UNDERsTaND ²IsTEN fOR THE fEaR aND fOR THE aNgER ²IsTEN fOR ExpEcTaTIONs aND fOR HOpEs Öh¾re ¾uthoritÈ ±ffER gUIDaNcE GET pER¸IssION TO TakE THE LEaD SUppORT paTIENTs’ EffORTs TO HEaL THE¸sELVEs BE cONfiDENT ½e »ommitted ¾nd tru¼tÉorthÈ ¶O NOT abaNDON ºNVEsT IN TRUsT BE faITHfUL BE THaNkfUL
1. ¸O TH± ¹ITTl± »HINgS S¸aLL cOURTEsIEs aND cONgENIaL ¸aNNERs, sUcH as s¸ILINg, sHakINg HaNDs, ackNOwLEDgINg OTHERs IN THE ROO¸, aND ¸akINg EyE cONTacT, OſtEN TURN OUT TO bE HIgHLy sIgNIficaNT, EspEcIaLLy aT THE bEgINNINg Of a RELaTIONsHIp.
ecitcarP l a c i d e M r o f s l l i k S g n i l a e H
BE bRaVE
±NE Of THE THINgs THaT º ROUTINELy DO Is, wHEN º ENTER THE paTIENT’s ROO¸, º TRy
104
TO ¸akE EyE cONTacT aND TO sHakE THE paTIENT’s HaND. º wILL OſtEN ackNOwLEDgE aNyONE ELsE THaT THEy HaVE IN THE ROO¸ wITH THE¸, THEIR sIgNIficaNT
k c n e h c S divaD d n a l l i h c r u h C . R y r r a L
OTHERs. SO THERE aRE jUsT cERTaIN ObVIOUs sOcIaL gEsTUREs THaT aRE cO¸¸ON IN aNy NEw RELaTIONsHIp THaT º TRy TO EsTabLIsH RIgHT away. (ºNTERVIEw 21) AT INITIaL ¸EETINgs, a s¸aLL cO¸¸UNITy Is fOR¸INg VERy qUIckLy aND UNDER UNUsUaL cIRcU¸sTaNcEs. °E pRacTITIONER Has ENOR¸OUs pOwER TO sET THE TONE aND DIREcTION fOR THIs LITTLE cO¸¸UNITy IN THE fiRsT ENcOUNTER. ºf sO¸EONE fEELs cONNEcTED, THEN yOU’RE ¸ILEs aHEaD IN TER¸s Of bEINg abLE TO affEcT sO¸E sORT Of pOsITIVE REsULTs OR I¸pacT ON THE paTIENT, aND sO IT’s REaLLy EsTabLIsHINg a pOsITIVE aND UNIqUE RELaTIONsHIp wHERE THE paTIENT RE¸E¸bERs yOU. ¹OUcH Is ExTRE¸ELy I¸pORTaNT, sO waLkINg IN aND sHakINg HaNDs—aND a HaND ON THE sHOULDER. °OsE sORTs Of THINgs aRE VERy, VERy I¸pORTaNT. (ºNTERVIEw 5)
2. »AK± »IM± ANd ¹IST±N BEgINNINgs THaT aRE cOURTEOUs ¸ay sHOw THE¸sELVEs TO HaVE bEEN ¸ERE fOR¸aLITIEs UNLEss OpENINgs aRE fOLLOwED by gENUINE pREsENcE. PaTIENTs TypIcaLLy wONDER, “WILL THE DOcTOR LIsTEN TO ¸E?” A pRacTITIONER’s wILLINgNEss TO bE sTILL aND qUIET DE¸ONsTRaTEs TO THE paTIENT THaT THERE Is spacE. SO ¸y fiRsT ¸EETINg Is TO TRy TO gET acqUaINTED, aND wHaT º kNOw Is THaT IT TakEs TI¸E. º ¸ay HaVE a THOUsaND THINgs gOINg, bUT º NEED TO sIT DOwN aND TRy TO LOOk RELaxED. º ¸IgHT EVEN TakE Off ¸y cOaT, aND TRy TO gIVE THE¸ bODy LaNgUagE THaT [says] “º HaVE TI¸E fOR yOU.” (ºNTERVIEw 19) ¹akINg TI¸E ¸akEs IT pOssIbLE TO LIsTEN wITH caRE TO THE paTIENTs’ aNswERs TO pRacTITIONERs’ qUEsTIONs. º sTaRT TEacHINg IN THE fiRsT ENcOUNTER, bUT º spEND a LOT Of TI¸E LIsTENINg TO THE aNswERs TO THE qUEsTIONs THaT º ask, aND THEN º TRy TO LET sO¸E sILENcE TakE pLacE, EspEcIaLLy IN pEOpLE wHO aRE VERy cONcERNED, sO THaT THEy caN TELL ¸E wHaT THEy’RE cONcERNED abOUT. (ºNTERVIEw 8) AN I¸pORTaNT paRT Of LIsTENINg Is LIsTENINg fOR sTORIEs—fOR THE NaRRaTIVEs THaT gIVE cOHERENcE TO paTIENTs’ LIVEs. º fOUND OUT EaRLy ON THaT bEINg abLE TO LIsTEN TO THEIR LIfE sTORy cONNEcTED ¸E bETTER wITH THaT cHILD aND THaT fa¸ILy, aND THEN wE HaD a RELaTIONsHIp. (ºNTERVIEw 3)
²IsTENINg Is THE ¸OsT I¸pORTaNT THINg, º bELIEVE. AskINg abOUT THE¸, NOT jUsT abOUT THEIR DIsEasE. ²ETTINg THE¸ TELL THEIR OwN sTORy wITHOUT TOO
105
°ROUgH LIsTENINg aND caRINg abOUT paTIENTs’ sTORIEs, pHysIcIaNs caN sO¸ETI¸Es REINTERpRET kEy paRTs Of THEsE NaRRaTIVEs. STORIEs Of sUffERINg caN bEcO¸E sTORIEs Of HEaLINg.Ò,×
3. B± Àp±N PaTIENTs bRINg THEIR wOUNDs, wHIcH PELLEgRINO Æ caLLED THEIR “Da¸agED HU¸aNITy,” TO THE pRacTITIONER. ºT TakEs cOURagE ON THE paRT Of THE pRacTITIONER TO bE wILLINg TO bE OpEN TO THIs VULNERabILITy, paTIENT aſtER paTIENT. YET, OUR INfOR¸aNTs aRgUE THaT IT Is sUcH wILLINgNEss aND cOURagE THaT ¸akEs HEaLINg pOssIbLE. YOU HaVE TO bE HONEsT. YOU ¸IgHT bE abLE TO HELp a LOT Of TI¸Es—IT DEpENDs, bUT LIsTEN TO HIs sTORy. YOU LIsTEN fOR THE wOUND aND yOU LET THE¸ kNOw THaT yOU HaVE wOUNDs. YOU aRE NOT pERfEcT. (ºNTERVIEw 13) PaRT Of wHy THIs ¸akEs HEaLINg pOssIbLE Is THaT wHEN THE pRacTITIONER ¸ODELs sUcH wILLINgNEss aND cOURagE, THE paTIENT Has pER¸IssION TO fOLLOw sUIT aND OffER THE sa¸E. ºN THIs way, I¸¸ENsE pOwER Is gENERaTED. YOU kNOw, º ¸IgHT gET TEaRfUL, OR º ¸IgHT gET UpsET, aND sO º THINk a LOT Of pHysIcIaNs, aT THaT pOINT, pULL back, bEcO¸E ¸ORE cLINIcaL, aND ¸OVE THROUgH IT, bUT If yOU sTRETcH a LITTLE bIT, aND yOU aLLOw yOURsELf TO fEEL THOsE E¸OTIONs, IT HELps THE paTIENT TRE¸ENDOUsLy. ºT acTUaLLy Is VERy REwaRDINg, as ¸UcH as IT’s DIfficULT. (ºNTERVIEw 22)
4. FINd ¿OM±THINg TO ¹IK±, TO ¹OV± “²OVE” HERE Is NOT sO ¸UcH aN E¸OTION as IT Is a qUaLITy Of “HEaRT aND sOUL,” aND IT ¸aNIfEsTs ¸OsT aUTHENTIcaLLy aND ¸OsT pOwERfULLy IN cO¸passION aND UNDERsTaNDINg. SEEkINg IN EVERy paTIENT a qUaLITy, aN acHIEVE¸ENT, OR EVEN jUsT a ¸aNNERIs¸ THaT caN bE appREcIaTED OR aD¸IRED ¸ObILIzEs a HEaLINg capacITy IN caREgIVERs. ÃØ,Ãà °Is was a sTRONg THE¸E fRO¸ OUR INTERVIEws. YET THIs cO¸passIONaTE DE¸EaNOR caNNOT bE a ¸aTTER Of ROTE bEHaVIORs OR gI¸¸Icks—IT ¸UsT bE basED IN sO¸ETHINg REaL. º TOOk a cLass wITH a fa¸OUs psycHIaTRIsT wHO TaUgHT TEcHNIqUEs Of paTIENT cONVERsaTION, INcLUDINg REcO¸¸ENDaTIONs TO “LEaN fORwaRD” aND TO “sIT
ecitcarP l a c i d e M r o f s l l i k S g n i l a e H
¸aNy INTERRUpTIONs. CaRINg abOUT THE aspEcTs Of THaT sTORy. (ºNTERVIEw 31)
ON THE fRONT EDgE Of yOUR cHaIR.” º askED: “WOULDN’T IT bE bETTER TO jUsT bE
106
INTEREsTED IN yOUR paTIENTs?” (ºNTERVIEw 26) FOR sO¸E pRacTITIONERs, IT Is UsEfUL TO I¸agINE THE paTIENT as bEINg LIkE
k c n e h c S divaD d n a l l i h c r u h C . R y r r a L
THEIR paRENT OR spOUsE OR THEIR cHILD OR gRaNDcHILD, DEpENDINg ON THE agE aND sEx Of THE paTIENT. ±NcE THE caREgIVER fEELs E¸paTHy aND OpENs TO cO¸passION, aNOTHER REaL¸ Of caRE bEcO¸Es aVaILabLE. º HaVE a HEaRT aND sOUL wHIcH º caN OffER THE¸, wHIcH Is THE way Of bRINgINg THE¸ sO¸E LOVE. ²OVE Is a TOUgH wORD TO TaLk abOUT wHEN yOU aRE TaLkINg abOUT DOcTOR aND paTIENT RELaTIONsHIps. ¶O yOU LOVE yOUR paTIENTs? º THINk yOU HaVE TO. SO¸E pEOpLE DON’T waNT TO say THaT THEy DO, bUT º THINk TO REaLLy gET TO THE pOINT Of HEaLINg yOU HaVE TO LOVE. YOU HaVE TO bE cO¸passIONaTE aND UNDERsTaNDINg aND wILLINg TO waLk THE wOUNDED paTH wITH THE¸. (ºNTERVIEw 13) ±NE pRacTITIONER spOkE fOR ¸aNy OTHERs wE INTERVIEwED: WE’RE IN IT fOR THE ¸O¸ENT wHERE THERE’s THaT DOUbLE HEaRT OpEN cONNEcTION Of LOVE aND TRUTH. ºT ¸akEs ¸y pRacTIcE DOabLE. (ºNTERVIEw 43)
5. ´±MOV± BARRI±RS ±UR ExpERT pRacTITIONERs saID THaT THEy sEEk TO RE¸OVE as ¸aNy baRRIERs TO a gENUINE pERsON-TO-pERsON ENcOUNTER as pOssIbLE. BaRRIERs caN bE Of ¸aNy sORTs: sO¸E aRE pHysIcaL ObjEcTs, OTHERs aRE aTTITUDEs. º NEVER HaVE aNyTHINg bETwEEN ¸E aND THE paTIENT. º’VE aLways HaD ¸y DEsk Up agaINsT THE waLL. (ºNTERVIEw 8) ³E¸OVINg aTTITUDINaL baRRIERs OſtEN INVOLVEs aN appREcIaTION Of pOwER DIffERENTIaLs bETwEEN pHysIcIaN aND paTIENT aND aN ELE¸ENT Of HU¸ILITy. º’¸ NOT TOO gOOD TO OpEN a DOOR aND ROLL a paTIENT back INTO THE ROO¸, aND º’¸ NOT TOO pROUD TO wIpE THE sNOT Off a cRyINg ¸OTHER, OR E¸pTy a TRasH baskET . . . OR TO DO aNy Of THOsE THINgs THaT THE LOwEsT-RaNkED E¸pLOyEE Of THE HOspITaL DOEs. (ºNTERVIEw 20)
º LIkE TO HaVE THE¸ UNDERsTaND THaT º a¸ a HU¸aN bEINg, THaT º a¸ NOT a gOD. º a¸ a pHysIcIaN. (ºNTERVIEw 13)
6. ¹±T TH± ³ATI±NT ExplAIN ±UR INfOR¸aNTs INsIsTED THaT paTIENTs aRE THE bEsT sOURcE Of INfOR¸aTION ON
107
UNDERsTaNDINg Of THEIR ILLNEss TO bE spOkEN aND REcEIVED. °Is, IN TURN, pROVIDEs THE OppORTUNITy fOR a REINTERpRETaTION, wHIcH ITsELf Is OſtEN aN EssENTIaL paRT Of HEaLINg. ±pEN-ENDED qUEsTIONs sEE¸ paRTIcULaRLy EffEcTIVE. A gOOD way TO gET THE paTIENT sTaRTED Is jUsT askINg THE¸ wHaT THEy UNDERsTaND abOUT wHaT’s gOINg ON sO faR. AND THaT’s a VERy bROaD OpENINg; IT aLLOws THE¸ TO EITHER bE VERy scIENTIfic aND TaLk abOUT THE TEsTs THaT THEy’VE HaD, OR IT’s aN OpENINg If THE E¸OTIONaL pIEcE Is I¸pORTaNT TO THE¸ aT THaT TI¸E. ºT gIVEs THE¸ aN OppORTUNITy TO fRa¸E IT fOR wHaT THEy NEED THE ¸OsT, RaTHER THaN sTaRTINg wITH spEcIfic qUEsTIONs abOUT THE ¸EDIcaL sIDE. (ºNTERVIEw 22) °EN THE pRacTITIONER caN spEak back IN THE LaNgUagE aND TER¸INOLOgy THaT Is UNDERsTaNDabLE aND ¸EaNINgfUL TO THE paTIENT.ÃÄ As THE paTIENT TaLks, THE caREgIVER LOOks fOR THE OpENINg, THE pLacE TO INsERT a cO¸¸ENT OR aN INsIgHT—THE pLacE TO gO TO fURTHER THE HEaLINg pROcEss. FIRsT, THERE’s ¸akINg cO¸fORTabLE aND DROppINg ¸y jUDg¸ENT, aND sEcOND, THERE’s LIsTENINg, aND THEN THIRD, Is waITINg fOR THE cUEs, TO sEE wHERE Is THE INVITaTION? º’¸ TaLkINg TO sO¸EbODy, aND yOU kNOw wHEN THEy’RE REaDy TO HEaR sO¸ETHINg. YOU kNOw, wHEN º a¸ LIsTENINg, THERE Is jUsT a kNOwINg Of wHEN THE wORDs caN cO¸E, aND sO º waIT fOR THE OpENINg. (ºNTERVIEw 39)
7. ¿HAR± ºUTHORITY MaNy pRacTITIONERs EsTabLIsH THEIR ExpEcTaTION Of sHaRED REspONsIbILITy fOR HEaLINg aT THE VERy bEgINNINg. ±NE Of THE INITIaL paRTs Of ¸y cONsULTaTION wITH sO¸EbODy Is THaT º’LL TELL THE¸, “¹ODay’s VIsIT Is aLL abOUT ascERTaININg wHETHER º caN HELp yOU OR NOT. º’LL ¸akE sO¸E REcO¸¸ENDaTIONs TO yOU. [BUT] yOU wILL aLways DIcTaTE wHaT yOU waNT TO DO.” (ºNTERVIEw 6) FOR THIs sHaRED REspONsIbILITy TO bEcO¸E sHaRED aUTHORITy—a RaTHER ¸ORE DIfficULT RELaTIONsHIp TO EsTabLIsH—THE pRacTITIONER ¸UsT VIEw THE paTIENT as a “fELLOw ExpERT.”
ecitcarP l a c i d e M r o f s l l i k S g n i l a e H
THEIR cONDITION, aND THaT aN EssENTIaL paRT Of HEaLINg Is aLLOwINg paTIENTs’
WHaT’s OſtEN NOT REcOgNIzED Is THE paTIENT bRINgs a paRTIcULaR LEVEL Of
108
ExpERTIsE, TOO. WHO kNOws ¸ORE abOUT THE¸ THaN THE¸? AND aſtER aLL, IT Is abOUT THE¸ aND HOw THEy aRE abLE TO gET bETTER. (ºNTERVIEw 40)
k c n e h c S divaD d n a l l i h c r u h C . R y r r a L
FOR THE paTIENT TO bE a fULL paRTNER, HOwEVER, THE pRacTITIONER ¸UsT HaVE cONfiDENcE THaT pROjEcTs ITsELf INTO THE RELaTIONsHIp.Ä PaTIENTs ¸UsT TRUsT THE pRacTITIONER’s abILITy TO HOLD THE HEaLINg spacE sEcURELy, aND TO pROVIDE gUIDaNcE as THEy ¸OVE TOgETHER DOwN THE “wOUNDED paTH.” AND sO, º THINk a LOT Of IT, fOR THE¸, Is a sENsE Of pERcEIVED cONfiDENcE, aND THaT Has TO DO wITH THE way yOU INTERacT, THE way yOU spEak abOUT OpTIONs, THE cONfiDENcE THaT yOU HaVE IN yOUR OwN skILLs. (ºNTERVIEw 22)
8. B± COMMITT±d ANd »RUSTwORTHY ±UR ExpERT INfOR¸aNTs REpEaTEDLy UsED THE wORD “TRUsTwORTHy” aND cONNEcTED IT TO a fEaR Of abaNDON¸ENT. ÁENcE, aN INTENTIONaL pLaN TO sUsTaIN THE RELaTIONsHIp aND caRRy IT fORwaRD Is aL¸OsT aLways NEEDED. ±NE THINg º aLways, aLways TRy TO DO Is ¸akE sURE THaT EVERy paTIENT LEaVEs wITH a pLaN. . . . º wILL TELL paTIENTs [THIs] Is ONE THINg yOU caN aLways cOUNT ON. YOU aLways LEaVE wITH a pLaN wITH ¸E. µOw IT ¸IgHT NOT wORk . . . bUT as LEasT yOU HaVE a pLaN. (ºNTERVIEw 21) BUT THE pLaN, wHaTEVER IT Is, REsTs ON a fOUNDaTION Of TRUsT, wHIcH Is OſtEN cONNEcTED TO THE pREVIOUs THE¸E Of HEaRINg THE paTIENT’s sTORy (sEE “¹akE ¹I¸E aND ²IsTEN”). ÁEaLINg Is abOUT cONNEcTIONs, aND cONNEcTIONs aRE abOUT LIsTENINg TO pEOpLE’s sTORIEs. ²IsTENINg TO pEOpLE’s sTORy Is wHaT ¸akEs Us TRUsTwORTHy— aND as wE aRE fOUND TRUsTwORTHy, wE aRE abLE TO bE ¸ORE EffEcTIVE. (ºNTERVIEw 3) °E paTIENT’s sTORy cONTINUEs OUTsIDE THE cONsULTINg ROO¸ OR HOspITaL. AND THE pRacTITIONER sHOws HIs OR HER REcOgNITION Of aND INVOLVE¸ENT IN THaT sTORy by pRO¸IsINg NOT TO abaNDON THE paTIENT as THE sTORy pROgREssEs. YOUR paTIENTs HaVE TO TRUsT yOU. °Ey HaVE TO TRUsT THaT yOU HaVE THEIR bEsT INTEREsTs aT HaND, aND THERE’s NOTHINg THaT sOLIDIfiEs THaT TRUsT LIkE sayINg, “º VaLUE yOU as aN INDIVIDUaL. º VaLUE wHO yOU aRE, wHaT yOU DO, aND wHaT yOU cONTRIbUTE TO ¸y LIfE, aND bEcaUsE Of THaT, yOU caN ExpLIcITLy TRUsT ¸E aND wHaT º REcO¸¸END TO yOU.” (ºNTERVIEw 5)
µOTE THE pHRasE “wHaT yOU cONTRIbUTE TO ¸y LIfE.” ±NE Of THE ¸OsT cONsIsTENT THE¸Es Of OUR INTERVIEws was THaT fiNDINg ¸EaNINg IN ¸EDIcaL pRacTIcE
109
basED ON REaL TRUsT, aND THaT sUcH RELaTIONsHIps aRE THE pRINcIpaL REwaRD Of bEINg a pHysIcIaN.
Discussion ALTHOUgH THERE Is wIDE INTEREsT IN HEaLINg, fEw E¸pIRIcaL sTUDIEs aRE aVaILabLE THaT pROVIDE DETaILs ON HOw pHysIcIaNs bUILD HEaLINg RELaTIONsHIps. °E PEw-FETzER ¹ask FORcE REpORT Of 1994 ÃÆ Is aN EaRLy EffORT aT DEfiNINg THIs aREa THaT INcLUDEs sO¸E THE¸Es THaT OUR INfOR¸aNTs aLsO IDENTIfiED, sUcH as THE cENTRaLITy Of RELaTIONsHIps, appREcIaTION Of pOwER DIffERENTIaLs, aND THE I¸pORTaNcE Of facILITaTINg TRUsT. ¹wO ¸ORE REcENT E¸pIRIcaL sTUDIEs aRE aLsO wORTH NOTINg. ÁsU aND cOLLEagUEsÃÎ UsED fOcUs gROUps Of 28 paTIENTs aND 56 cLINIcIaNs TO sEEk a DEfiNITION Of HEaLINg THaT wOULD bE cONcORDaNT bETwEEN THEsE gROUps. °Ey fOUND sO¸E cONcURRENcE a¸ONg THE paRTIcIpaNTs aROUND E¸OTIONaL aND spIRITUaL DI¸ENsIONs. °E I¸pORTaNcE Of RELaTIONsHIps was ONE Of fiVE kEy THE¸Es THEy IDENTIfiED. ScOTT aND cOLLEagUEsÃÏ cONDUcTED a sTUDy sI¸ILaR TO OURs, IN wHIcH THEy INTERVIEwED sIx pHysIcIaNs, aND TwO TO fiVE paTIENTs assOcIaTED wITH EacH pHysIcIaN TO IDENTIfy “¸ODEL cO¸pONENTs” Of HEaLINg. °Ey pREsENTED THEIR fiNDINgs as “HEaLINg pROcEssEs,” cOUcHED as IDEaLs OR sUcH cONcEpTs as “pREsENcE,” “paRTNERINg,” aND “HEaLER cO¸pETENcIEs,” aND a¸ONg THE cO¸pETENcIEs, “sELf-cONfiDENcE” aND “E¸OTIONaL sELf- ¸aNagE¸ENT.” ADVaNTagEs Of OUR sTUDy INcLUDE THE NU¸bER Of pHysIcIaNs INTERVIEwED aND THE bROaD RaNgE Of spEcIaLTIEs REpREsENTED; THE INcLUsION Of cO¸pLE¸ENTaRy aND aLTERNaTIVE pRacTITIONERs; aND a fOcUs ON pRacTIcaL I¸pERaTIVEs TO pRO¸OTE HEaLINg, RaTHER THaN cONcEpTs. ±UR sTUDy Has sEVERaL LI¸ITaTIONs. WE ENcOUNTERED sI¸ILaR paTTERNs Of REspONsE REpEaTEDLy; HOwEVER, OUR fiNDINgs aRE pRELI¸INaRy, aND wE wERE wORkINg wITH a RELaTIVELy s¸aLL, sELEcTED sa¸pLE. ±UR sTUDy aLsO Lacks cO¸paRIsON wITH pRacTITIONERs wHO wERE NOT pEER-NO¸INaTED fOR HaVINg ExcEpTIONaL HEaLINg TaLENTs. FINaLLy, paTIENT INTERVIEws aND pERspEcTIVEs wERE NOT a paRT Of OUR sTUDy, aND THEy ¸IgHT REVEaL a DIffERENT sET Of cORE skILLs. STILL, wE bELIEVE THaT OUR INTERVIEws REVEaL a sOUND pRELI¸INaRy pORTRaIT Of cORE RELaTIONaL skILLs fRO¸ THE pRacTITIONER’s pERspEcTIVE. AN I¸pORTaNT agENDa fOR fURTHER wORk Is TO DETER¸INE wHETHER THERE Is aNy cONNEcTION bETwEEN wHaT
ecitcarP l a c i d e M r o f s l l i k S g n i l a e H
Is fUNDa¸ENTaLLy cONNEcTED TO THE capacITy fOR fOR¸INg paTIENT RELaTIONsHIps
pRacTITIONERs pERcEIVE as I¸pORTaNT TO HEaLINg RELaTIONsHIps aND THE acTUaL
110
wELLbEINg Of paTIENTs UNDER THEIR caRE. ³E¸ENÃÐ RE¸INDs Us THaT HEaLINg skILLs RE¸aIN cENTRaL TO ¸EDIcINE, aND
k c n e h c S divaD d n a l l i h c r u h C . R y r r a L
PELLEgRINO Æ affiR¸s THaT THEsE skILLs aRE NOT jUsT INTERacTION sTRaTEgIEs bUT aRE EssENTIaL ELE¸ENTs Of ¸EDIcaL ETHIcs. °E bENEfiTs Of ¸asTERINg THEsE skILLs wILL REpay THE EffORT ¸aNy TI¸Es OVER, bOTH IN I¸pROVED paTIENT caRE aND IN THE abILITy Of pHysIcIaNs TO fiND DEEpER ¸EaNINg aND fULfiLL¸ENT IN THEIR pRacTIcEs.
notes 1 BRODy Á. Placebos and the Philosophy of Medicine. CHIcagO: ·NIVERsITy Of CHIcagO PREss; 1980. 2 MOER¸aN ¶. Meaning, Medicine and the Placebo Effect . µEw YORk: Ca¸bRIDgE ·NIVERsITy PREss; 2002. 3 PELLEgRINO ´¶. Humanism and the Physician. KNOxVILLE, ¹µ: ·NIVERsITy Of ¹ENNEssEE PREss; 1979:117–129. 4 COULEHaN J², BLOck M³. °e Medical Interview: Mastering Skills for Clinical Practice . 4TH ED. PHILaDELpHIa: FA ¶aVIs; 2001. 5 BILLINgs JA, STOEckLE J¶. °e Clinical Encounter: A Guide to the Medical Interview and
Case Presentation . 2ND ED. ST. ²OUIs: MOsby; 1999. 6 MIsHLER ´. °e Discourse of Medicine: Dialectics of Medical Interviews. µORwOOD, µJ: AbLEx PREss; 1984. 7 CassELL ´J. Talking with Patients , ÂOL. º: °e °eory of Doctor-Patient Communication . Ca¸bRIDgE, MA: mit PREss; 1985. 8 CHaRON ³. Narrative Medicine: Honoring the Stories of Illness. µEw YORk: ±xfORD ·NIVERsITy PREss; 2006. 9 CHaRON ³, MONTELLO M. Stories Matter: °e Role of Narrative in Medical Ethics . µEw YORk: ³OUTLEDgE; 2002. 10 CHap¸aN ´. °e Caregiver Meditations. µasHVILLE, ¹µ: ±cTObER ÁILL PREss; 2007. 11 GROOp¸aN J. How Doctors °ink . BOsTON: ÁOUgHTON MIfflIN; 2007. 12 KLEIN¸aN A. °e Illness Narratives. µEw YORk: BasIc BOOks; 1988. 13 ¹REsOLINI CP, PEw-FETzER ¹ask FORcE. Health Professions Education and Relationship-
Centered Care . SaN FRaNcIscO: PEw ÁEaLTH PROfEssIONs CO¸¸IssION; 1994. 14 ÁsU C, PHILLIps W³, SHER¸aN KJ, ÁawkEs ³, CHERkIN ¶C. ÁEaLINg IN pRI¸aRy caRE: a VIsION sHaRED by paTIENTs, pHysIcIaNs, NURsEs, aND cLINIcaL sTaff. Ann Fam Med . 2008;6:307–314. [ÙÓÚÔ: 18626030] 15 ScOTT JG, COHEN ¶, ¶IcIccO-BLOO¸ B, MILLER W², STaNgE KC, CRabTREE BF. ·NDERsTaNDINg HEaLINg RELaTIONsHIps IN pRI¸aRy caRE. Ann Fam Med. 2008;6:315–322. [ÙÓÚÔ: 18626031] 16 ³E¸EN ³. QUOTED by: ¹IppETT K. Speaking of Faith . µEw YORk: PENgUIN BOOks; 2007:213.
´he HA±R STyl±sT, The CoRn MeRchAnT, And The DocToR ºMbIgUOUSlY ºlTRUISTIc Lois Shepherd
°E ¾h¿ CODE Of ´THIcs REqUIREs ¸E¸bERs TO sERVE THE bEsT INTEREsTs Of THEIR cLIENTs, bE cLEaR aND HONEsT wITH THE¸, aND kEEp THEIR sEcRETs cONfiDENTIaL. ME¸bERs pLEDgE TO REpREsENT THEIR skILLs aND qUaLIficaTIONs HONEsTLy aND TO ¸akE appROpRIaTE REfERRaLs TO OTHERs ¸ORE qUaLIfiED wHEN OUT Of THEIR DEpTH. à ¾h¿ sTaNDs fOR “AssOcIaTED ÁaIR PROfEssIONaLs,” OR HaIR sTyLIsTs, bUT THEIR CODE Of ´THIcs LOOks a LOT LIkE THE ÁIppOcRaTIc ±aTH aND THE cURRENT PRINcIpLEs Of MEDIcaL ´THIcs Of THE A¸ERIcaN MEDIcaL AssOcIaTION. ALL Of THEsE ETHIcs sTaTE¸ENTs E¸pHasIzE HONEsTy, cONfiDENTIaLITy, cO¸pETENcE, sERVINg paTIENTs’ (OR cLIENTs’) bEsT INTEREsTs, aND wILLINgNEss TO REfER TO OTHER qUaLIfiED pROfEssIONaLs. BUT IT’s NOT jUsT DOcTORs aND HaIR pROfEssIONaLs wHO HaVE cODEs Of ETHIcs. °E ¼¿»¿—SOcIETy Of PER¸aNENT COs¸ETIc PROfEssIONaLs— REqUIREs ITs ¸E¸bERs TO “¸aINTaIN HIgH pROfEssIONaL sTaNDaRDs cONsIsTENT wITH sOUND pRacTIcEs,” “cONDUcT bUsINEss RELaTIONsHIps IN a ¸aNNER THaT Is faIR TO aLL,” aND aVOID faLsE OR ¸IsLEaDINg sTaTE¸ENTs TO THE EffEcT THaT THE appLIcaTION Of pER¸aNENT ¸akEUp Is NOT TaTTOOINg, NOT pER¸aNENT, aND NOT paINfUL. Ä (PHysIcIaNs ¸IgHT cONsIDER THaT LasT pOINT—º’¸ gRaTEfUL fOR THE TI¸E ¸y DOcTOR ONcE waRNED ¸E, “°Is Is REaLLy gOINg TO HURT.”) SO¸E Of Us fRO¸ THE TRaDITIONaL, OR “LEaRNED” pROfEssIONs—¸EDIcINE, Law, ¸INIsTRy, TEacHINg—¸IgHT TakE U¸bRagE, THINkINg “THEy’RE NOT LIkE Us.” BUT THEy aRE. WE aLL HaVE pRO¸IsEs TO kEEp—wHETHER wE ¸aDE THE¸ INDIVIDUaLLy OR cOLLEcTIVELy, ExpLIcITLy OR I¸pLIcITLy, aND wHETHER wE aRE bOUND
²OIs SHEpHERD, “°E ÁaIR STyLIsT, THE CORN MERcHaNT, aND THE ¶OcTOR: A¸bIgUOUsLy ALTRUIsTIc,” fRO¸ Journal of Law, Medicine, and Ethics 42, NO. 4 (WINTER 2014): 509–517. ³EpRINTED by pER¸IssION Of SagE PUbLIcaTIONs, ºNc., JOURNaLs, cONVEyED THROUgH COpyRIgHT CLEaRaNcE CENTER, ºNc.
by a pROfEssIONaL cODE (OſtEN THE REsULT Of OUR acHIEVINg ¸ONOpOLy sTaTUs
112
THROUgH gOVERN¸ENT LIcENsINg—NOT a DIsINTEREsTED acT by aNy ¸EaNs) OR sI¸pLy bEcaUsE wE aRE NEIgHbORs as fELLOw HU¸aN bEINgs. °E TRaDITIONaL
drehpehS sioL
pROfEssIONs aRE NO ¸ORE NObLE THaN aNy OTHER LEgITI¸aTE OccUpaTION, aND IT Is TI¸E TO gIVE Up THE ILLUsION THaT THEy aRE. µOT sI¸pLy bEcaUsE IT Is NOT TRUE bUT bEcaUsE—as º’LL ExpLaIN—IT pREVENTs Us fRO¸ caREfULLy DEfiNINg wHaT acTUaL REspONsIbILITIEs pROfEssIONaLs DO HaVE aND DETER¸ININg wHETHER THOsE REspONsIbILITIEs HaVE bEEN ¸ET. °E ¸EDIcaL pROfEssION IN paRTIcULaR Has a TRaDITION Of pREsENTINg ITsELf as ETHIcaLLy ExcEpTIONaL. Æ ºT Has LONg cLaI¸ED aND sTILL cLaI¸s THaT as a wHOLE ITs ¸E¸bERs aRE aLTRUIsTIc—aND ¸ORE sO THaN OTHER pROfEssIONaLs aND OTHER pEOpLE.Î WILLIa¸ ±sLER pROcLaI¸ED IN a 1903 sTaTE¸ENT OſtEN qUOTED by THOsE aDVaNcINg ¸EDIcaL pROfEssIONaLIs¸ THaT “THE pRacTIcE Of ¸EDIcINE Is NOT a bUsINEss aND caN NEVER bE ONE. . . . ±UR fELLOw cREaTUREs caNNOT bE DEaLT wITH as ¸aN DEaLs IN cORN aND cOaL.”Ï °EsE wORDs HaVE spEcIaL REsONaNcE fOR sO¸E TODay. ºT ¸IgHT bE appEaLINg TO THINk THaT IN THE INcREasINgLy cORpORaTIzED, cO¸¸ERcIaL wORLD Of ¸EDIcaL caRE,Ð pHysIcIaNs wOULD TakE gREaT caRE TO DIsTINgUIsH THE¸sELVEs fRO¸ THE HaIR sTyLIsT aND THE cORN ¸ERcHaNT, aND THaT THEy sHOULD DO sO IN LaRgE ¸EasURE by IDENTIfyINg THE¸sELVEs as aLTRUIsTIc. °Is appROacH Is ¸IsTakEN. °E cLaI¸ THaT pHysIcIaNs aRE OR sHOULD bE ¸ORE aLTRUIsTIc THaN OTHERs DOEs NOT wITHsTaND scRUTINy. AND wHILE THE cORpORaTIzaTION aND cO¸¸ERcIaLIzaTION Of THE ¸EDIcaL wORLD pOsE sO¸E THREaT TO paTIENT wELL-bEINg aND aUTONO¸y, sO DO REcENT ExpaNsIONs Of DOcTORs’ cONscIENTIOUs REfUsaL aND gROwINg aTTE¸pTs TO fURTHER bLEND cLINIcaL REsEaRcH aND caRE.Ñ AppEaLs TO aLTRUIs¸ ObfUscaTE RaTHER THaN cLaRIfy pHysIcIaNs’ ROLEs; THE ¸EDIcaL pROfEssION wOULD DO bETTER TO HOLD TRUE TO THEIR basIc DUTIEs TO paTIENTs aND cO¸¸IT TO HONEsTy, aND pERHaps a ¸EasURE Of HU¸ILITy.
The Claim and Its Merits ALTRUIs¸ OſtEN gOEs UNDEfiNED IN cLaI¸s THaT THE ¸EDIcaL pROfEssION Is, by DEfiNITION, aLTRUIsTIc OR THaT INDIVIDUaL pHysIcIaNs aRE REqUIRED, as aN ETHIcaL ¸aTTER, TO bE aLTRUIsTIc IN a way THaT wE DO NOT ExpEcT Of OTHERs. °E EDITORs Of THE New England Journal of Medicine DEcLaRED IN 2000 THaT “¸EDIcINE Is ONE Of THE fEw spHEREs Of HU¸aN acTIVITy IN wHIcH THE pURpOsEs aRE UNa¸bIgUOUsLy aLTRUIsTIc—IN ITsELf, a RE¸aRkabLE acHIEVE¸ENT.”Ò °E sTaTE¸ENT was baLD—wITHOUT aNy ExpLaNaTION OR sUppORT. BEcaUsE THE sTaTE¸ENT pREfacED THE EDITORs’ REVIEw Of ¸EDIcaL acHIEVE¸ENTs Of THE pREVIOUs ¸ILLENNIU¸, a
REaDER ¸IgHT HaVE ExpEcTED THaT sO¸E Of THOsE acHIEVE¸ENTs wOULD HaVE TO DO wITH aLTRUIsTIc bEHaVIOR, bUT THEy wERE aLL scIENTIfic, wITH scIENTIfic VaLUEs
113
ºN 1998, THE A¸ERIcaN BOaRD Of ºNTERNaL MEDIcINE (¾½im), IN ITs Proj-
ect Professionalism, DEcLaRED THaT “ALTRUIs¸ Is THE EssENcE Of pROfEssIONaLIs¸.” × ¹OgETHER wITH TwO OTHER INflUENTIaL pHysIcIaN ORgaNIzaTIONs, THE ¾½im aDOpTED THE “PHysIcIaN CHaRTER” ÃØ IN 2002, wHIcH THE EDITOR Of THE Annals
of Internal Medicine wROTE HE HOpED wOULD bE a “waTERsHED EVENT IN ¸EDIcINE.” Ãà ºN IDENTIfyINg THE pRINcIpLE Of pRI¸acy Of paTIENT wELfaRE, THE CHaRTER sTaTEs THaT “aLTRUIs¸ cONTRIbUTEs TO THE TRUsT THaT Is cENTRaL TO THE pHysIcIaN- paTIENT RELaTIONsHIp.” °ERE Is NO ELabORaTION Of THE cONcEpT, HOwEVER.ÃÄ SO¸E ¸E¸bERs Of THE pROfEssION HaVE pUsHED fOR aN EVEN ¸ORE pRO¸INENT REcOgNITION Of THE I¸pORTaNcE Of aLTRUIs¸, aND HaVE REcO¸¸ENDED THaT aLTRUIs¸ bE cONscIOUsLy aND sysTE¸aTIcaLLy DEVELOpED a¸ONg ¸EDIcaL sTUDENTs aND IDENTIfiED IN ¸EDIcaL sTUDENT appLIcaNTs.ÃÆ ºT Is bEcO¸INg INcREasINgLy I¸pORTaNT, THEN, TO UNDERsTaND wHaT Is ¸EaNT—OR pERHaps ¸ORE cRITIcaLLy fOR THIs Essay, wHaT Is not ¸EaNT by THE TER¸. °E VIRTUE Of aLTRUIs¸—OUTsIDE Of THEsE sTaTE¸ENTs abOUT ¸EDIcaL pROfEssIONaLIs¸—Is cO¸¸ONLy UNDERsTOOD TO ¸EaN a DIspOsITION TO acT IN THE INTEREsTs Of OTHERs aT a cOsT TO THE INTEREsTs Of ONEsELf. ÃÎ ºT Is gENERaLLy UNDERsTOOD as INVOLVINg acTIONs THaT aRE bEyOND ObLIgaTION, OR DUTy. ºf ONE HaD a DUTy TO acT IN THE INTEREsTs Of OTHERs IN a paRTIcULaR sITUaTION—say, bEcaUsE ONE HaD bEEN paID TO DO sO—THEN wE wOULD NOT caLL acTIONs TakEN fOR THE bENEfiT Of OTHERs TO bE aLTRUIsTIc. GLaNNON aND ³Oss ExpLaIN THaT wHEN pHysIcIaNs acT IN THE bEsT INTEREsTs Of THEIR paTIENTs, THEy aRE fULfiLLINg THEIR fiDUcIaRy ObLIgaTIONs. ÃÏ SUcH acTIONs aRE NOT “OpTIONaL aND sUpEREROgaTORy, bEyOND THE caLL Of DUTy.”ÃÐ A cLaI¸ THaT pHysIcIaNs aRE aLTRUIsTIc Has TO ¸EaN ¸ORE THaN THaT THEy aRE, IN THE cONTExT Of THE pHysIcIaN-paTIENT RELaTIONsHIp, REcO¸¸ENDINg, pREscRIbINg, aND TREaTINg THE paTIENT IN ways THaT sERVE THE paTIENT’s INTEREsTs aND NOT THE pHysIcIaN’s INTEREsTs—bEcaUsE THaT Is THEIR jOb, “THEIR DaILy pROfEssIONaL wORk.”ÃÑ ºT Is NOT ¸UcH DIffERENT fRO¸ wHaT wE ExpEcT fRO¸ a HaIR sTyLIsT. WE wOULD THINk a HaIR sTyLIsT TO bE acTINg UNETHIcaLLy If HE RUsHED aND bOTcHED a HaIRcUT TO INcREasE pRODUcTION RaTEs OR appLIED HaIR cOLORINg THaT sUITED HIs OwN pREfERENcEs RaTHER THaN THE cLIENT’s OR THREw IN aN ExTRa, ExpENsIVE pRODUcT appLIcaTION wITHOUT cLIENT appROVaL. °E ¾h¿’s CODE Of ´THIcs ¸ay bE a HELpfUL RE¸INDER Of THE sTaNDaRDs Of cO¸¸ON ¸ORaLITy IN THE sTyLIsT-cLIENT RELaTIONsHIp, bUT THOsE sTaNDaRDs wOULD ExIsT wITHOUT THE wRITTEN cODE. WE wOULD NOT cONsIDER THE HaIR sTyLIsT aLTRUIsTIc fOR fOLLOwINg THEsE gUIDELINEs;
citsiurtlA ylsuougibmA
aND pURpOsEs.
INDEED, THERE aRE TI¸Es wHEN a sTyLIsT wORks wITH HaIR THaT Is DIRTy, OR ¸aTTED,
114
OR cONTaINs LIcE, OR REaDIEs a cORpsE fOR bURIaL; THE sTyLIsT IsN’T aLTRUIsTIc fOR DOINg HIs bEsT UNDER THEsE cIRcU¸sTaNcEs EITHER—THEsE acTIVITIEs, TOO, caN
drehpehS sioL
bE paRT Of HIs jOb. ´THIcaL ObLIgaTIONs Of ONE sORT OR aNOTHER INHERE IN EVERy HU¸aN acTIVITy aND THEREfORE EVERy OccUpaTION, aND IT caN bE HELpfUL TO cLEaRLy sET OUT wHaT THOsE ObLIgaTIONs aRE—as RE¸INDERs Of HOw ONE OUgHT TO acT. ºN TRUTH, cODEs Of ETHIcs OſtEN cONTaIN VERy basIc ObLIgaTIONs THaT wE ExpEcT Of EVERyONE wHEN acTINg IN ¸ORaLLy appROpRIaTE ways. ´VEN THE “¸aN wHO DEaLs IN cORN aND cOaL,” TO qUOTE ±sLER, Has ETHIcaL (aND LEgaL) DUTIEs Of HONEsTy aND faIR DEaLINg EVEN If HE DOEs NOT HaVE fiDUcIaRy ObLIgaTIONs sTE¸¸INg fRO¸ a RELaTIONsHIp Of TRUsT. MOREOVER, If HE waNTs REpEaT cUsTO¸ERs aND a gOOD bUsINEss REpUTaTION, HE wILL TRy TO HELp THE cUsTO¸ER UNDERsTaND wHIcH gOOD OR pRODUcT wILL bEsT sERVE HIs OR HER NEEDs; ¸aNy ¸ERcHaNTs wILL DO THE sa¸E fOR a ONE-TI¸E, OUT-Of-TOwN cUsTO¸ER jUsT OUT Of sI¸pLE HU¸aN cONsIDERaTION. WHIcH Is aLL TO say THaT THERE Is NOTHINg TERRIbLy ExTRaORDINaRy OR bURDENsO¸E abOUT ExpEcTINg INDIVIDUaLs wHO HOLD THE¸sELVEs OUT as ExpERTs TO bE cO¸pETENT IN THE sUbjEcT ¸aTTER Of THEIR ExpERTIsE OR fOR THOsE wHO HaVE INVITED THE TRUsT Of cUsTO¸ERs/cLIENTs/paTIENTs TO ONLy REcO¸¸END aND pERfOR¸ sERVIcEs IN THE LaTTER’s bEsT INTEREsTs. SO wHaT Is bEHIND THE cLaI¸ THaT pHysIcIaNs aRE UNIqUELy aLTRUIsTIc? ºT caNNOT sI¸pLy bE THaT THEy wILL acT IN THE paTIENT’s bEsT INTEREsTs, as HaIR sTyLIsTs HaVE a sI¸ILaR ObLIgaTION TO THEIR cLIENTs, aND wE DO NOT gENERaLLy THINk Of HaIR sTyLIsTs as bEINg UNIqUELy aLTRUIsTIc. PERHaps wHaT Is ¸EaNT Is THaT pHysIcIaNs, as a gROUp aND bEcaUsE Of THEIR pROfEssION, TEND TO bE pLacED IN sITUaTIONs IN wHIcH ExTRaORDINaRy DE¸aNDs aRE ¸aDE UpON THE¸. °Is Is a bIT Of a DIffERENT cLaI¸, aND ONE º caN pRObabLy accEpT. BUT IT Is sTILL wORTH askINg wHETHER THEsE sORTs Of DE¸aNDs aRE TRULy UNIqUE. ¹O bE sURE, pHysIcIaNs sO¸ETI¸Es HaVE a Lack Of cONTROL OVER THEIR TI¸E, OR facE RIsk Of HaR¸, aND EVEN ¸akE fiNaNcIaL sacRIficEs. WE TEND TO assOcIaTE THEsE DE¸aNDs wITH THE ¸EDIcaL pROfEssION (INcLUDINg NURsEs, wHO TypIcaLLy ENjOy faR LEss fiNaNcIaL cO¸pENsaTION), THOUgH wE ¸IgHT qUEsTION HOw ExcLUsIVELy. WITH REspEcT TO TI¸E, THERE ¸ay OccasIONaLLy bE DIsRUpTIVE aND DE¸aNDINg caLLs UpON THE pHysIcIaN—E¸ERgENcy ROO¸ cOVERagE IN THE ¸IDDLE Of THE NIgHT, OR ExTRa LONg HOURs TO pROVIDE a HOspITaLIzED paTIENT wITH cONTINUITy Of caRE—bUT cO¸paRabLE DE¸aNDs aRE ¸aDE Of OTHERs—fiREfigHTERs baTTLINg pROLONgED fOREsT fiREs, jOURNaLIsTs cOVERINg fOREIgN cONflIcTs, aND EVEN (pERHaps
aN UNLIkELy Exa¸pLE) LEgIsLaTORs, caLLED INTO spEcIaL sEssION fOR ¸IDNIgHT VOTEs.
115
DININg OUT, TO cO¸E TO THE aID Of a cHOkINg DINER, OR wHEN waLkINg aLONg THE sTREET aND sEEINg a bysTaNDER cOLLapsE, TO sTOp aND aD¸INIsTER fiRsT aID. BUT, THEN agaIN, wE ExpEcT THIs Of aNyONE capabLE Of pROVIDINg HELp—THE HaIR sTyLIsT, THE TEacHER, THE LawyER, THE pERsON wHO DEaLs IN “cORN aND cOaL”—THaT THEy sTEp IN as NEEDED bUT wILL sTEp OUT Of THE way fOR THE pERsON wITH ¸ORE ExpERTIsE TO TakE OVER. (µEITHER THE pHysIcIaN NOR THE NONpHysIcIaN IN THEsE sITUaTIONs Has a LEgaL ObLIgaTION TO REscUE.) °E ¸OsT ExTRaORDINaRy DE¸aND—aND pERHaps THE sTRONgEsT casE fOR a pROfEssION-wIDE cLaI¸ TO aLTRUIs¸—¸ay bE THE ETHIcaL REqUIRE¸ENT TO caRE fOR THOsE wHO aRE DaNgEROUsLy INfEcTIOUs. MEDIcaL pROfEssIONaLs (agaIN INcLUDINg, aND pERHaps EspEcIaLLy, NURsEs) REaLLy aRE ON THE “fRONT LINEs” IN THOsE cIRcU¸sTaNcEs. °E DIVERgENcE fRO¸ HaIR sTyLIsTs sEE¸s cLEaRER HERE. BUT aRE THE DaNgERs aNy ¸ORE I¸¸EDIaTE OR THE RIsks aNy ¸ORE cO¸¸ONpLacE THaN THOsE facED by pOLIcE OfficERs, fiREfigHTERs, sOLDIERs—wHO, NOT INsIgNIficaNTLy, aRE OſtEN cO¸pENsaTED aT a cONsIDERabLy LOwER RaTE? ÃÒ MOREOVER, If pHysIcIaN aTTITUDEs abOUT caRINg fOR ÛÚÜ pOsITIVE paTIENTs IN THE EaRLy Days Of THE hiv EpIDE¸Ic aRE aNyTHINg TO gO ON, aLTRUIs¸ Of THIs NaTURE Is NOT a wIDELy aDOpTED NOR¸ a¸ONg ·.S. pHysIcIaNs. ¶EspITE THE ETHIcaL gUIDaNcE IssUED IN 1987 by THE ¾m¾’¼ COUNcIL ON ´THIcaL aND JUDIcIaL AffaIRs THaT pHysIcIaNs cOULD NOT ETHIcaLLy REfUsE caRE TO paTIENTs wHO wERE hiv pOsITIVE, sUbsTaNTIaL NU¸bERs Of pHysIcIaNs (fOR Exa¸pLE, TwO-THIRDs Of ORTHOpEDIc sURgEONs accORDINg TO ONE sURVEy) DID NOT bELIEVE THIs TO bE THE casE.Ã× º THINk THEy wERE wRONg—THaT THEy DID HaVE aN ETHIcaL DUTy TO caRE fOR hiv pOsITIVE paTIENTs, bUT º aLsO DO NOT THINk ¸EETINg THaT DUTy a¸OUNTs TO aLTRUIs¸. PROVIDINg caRE IN sUcH sITUaTIONs Is THE REspONsIbILITy THE pROfEssION—aND THUs ¸E¸bERs Of THE pROfEssION—TOOk ON wHEN IT REcEIVED THE ExcLUsIVE LIcENsE TO pRacTIcE ¸EDIcINE aND pREVENTED OTHERs fRO¸ DOINg THE sa¸E. FINaLLy, wE sEE¸ TO HaVE a fONDNEss IN THE ·.S. fOR THINkINg THaT DOcTORs aRE—OR, sO¸E ¸IgHT THINk, UsED TO bE—wILLINg TO sacRIficE fiNaNcIaL gaIN IN THEIR pURsUIT Of THE gOOD Of THE paTIENT. ºN 2010, a SENaTE caNDIDaTE fRO¸ µEVaDa, SUE ²OwDEN, pROpOsED a LEss REgULaTED HEaLTH caRE ¸aRkET as aN aLTERNaTIVE TO THE AffORDabLE CaRE AcT, a ¸aRkET IN wHIcH INDIVIDUaLs NEgOTIaTE aND EVEN baRTER wITH THEIR DOcTOR. ºN ¸akINg THIs aRgU¸ENT, sHE HaRkENED
citsiurtlA ylsuougibmA
ºT Is TRUE THaT pHysIcIaNs aRE sO¸ETI¸Es caLLED UpON TO DELIVER ¸EDIcaL sERVIcEs IN THEIR Off-DUTy HOURs. FOR Exa¸pLE, wE ExpEcT a pHysIcIaN, wHEN
back TO TI¸Es pasT wHEN paTIENTs wOULD pay a pHysIcIaN IN cHIckENs OR OffER
116
TO paINT THE pHysIcIaN’s HOUsE. WHEN HER RE¸aRks wERE ¸OckED as sI¸pLIsTIc aND OUT-Of-TOUcH, sHE REspONDED, “º ¸EaN, THaT’s THE OLD Days Of wHaT pEOpLE
drehpehS sioL
wOULD DO TO gET HEaLTH caRE wITH yOUR DOcTORs,” sHE saID. “¶OcTORs aRE VERy sy¸paTHETIc pEOpLE. º’¸ NOT backINg DOwN fRO¸ THaT sysTE¸.”ÄØ BUT THERE Is NO REasON TO THINk Of sUcH pRacTIcEs fONDLy. °Ey REpREsENT cIRcU¸sTaNcEs Of abjEcT DEpENDENcy ON THE paRT Of paTIENTs aND LORD-LIkE pOwER ON THE paRT Of pHysIcIaNs. WE caN appREcIaTE THE wILLINgNEss Of a RURaL DOcTOR TO wORk fOR cHIckENs—wE ¸IgHT EVEN cONsIDER IT aLTRUIsTIc, bUT sEEINg a paTIENT OUT Of cHaRITy (wHIcH ¸aNy DOcTORs DO—aND ¸aNy DO NOT) Is NOT by aNy ¸EaNs THE DaILy way Of THE bUsINEss Of DOcTORs OR THE ¸EDIcaL pROfEssION gENERaLLy. µOR sHOULD wE ExpEcT IT TO bE. WE aRE ¸OVINg, THaNkfULLy, TOwaRD REcOgNITION Of a basIc, UNIVERsaL RIgHT TO accEss TO HEaLTH caRE. ÁOw TO pay fOR THaT caRE fOR THOsE wHO caNNOT affORD IT wILL REqUIRE cO¸pLEx aND ITERaTIVE NEgOTIaTIONs aND EVEN ExpERI¸ENT. BUT pHysIcIaNs wILL NOT aND sHOULD NOT bEaR a gREaTER sHaRE Of THE bURDEN Of THE cOsTs Of sUcH caRE THaN OTHERs.Äà ¶OcTORs fREqUENTLy OffER THEIR sERVIcEs aT REDUcED RaTEs, OR gRaTIs, as DO LawyERs, accOUNTaNTs, aND ¸EcHaNIcs; THIs Is NEaRLy aLways a gOOD THINg, bUT IT Is aLsO THE kIND Of OccasIONaL aLTRUIs¸ THaT pEOpLE Of aLL OccUpaTIONs DO fRO¸ TI¸E TO TI¸E—IT Is NOT sysTE¸aTIc, NOR Is IT REqUIRED (wITH THE ExcEpTION, TO sO¸E pEOpLE’s sURpRIsE, Of LawyERs, wHO sO¸ETI¸Es DO HaVE sTaTE-I¸pOsED REqUIRE¸ENTs fOR pRO bONO OR REDUcED fEE sERVIcEs fOR INDIgENT cLIENTsÄÄ ). AND DOcTORs DO TEND TO ¸akE a gOOD LIVINg—sO¸E, aN ExcELLENT LIVINg—aND fEEL THEy’VE EaRNED IT, aND UsUaLLy THEy HaVE. SO¸ETI¸Es pHysIcIaNs VOLUNTEER IN cHaLLENgINg, REsOURcE-REsTRIcTED, aND EVEN DaNgEROUs REgIONs Of THE wORLD wITH ORgaNIzaTIONs sUcH as ¶OcTORs wITHOUT BORDERs; IN THEsE INsTaNcEs, THEy aRE bEINg aLTRUIsTIc IN THE way wE gENERaLLy UNDERsTaND THaT TER¸.ÄÆ BUT THEsE acTIVITIEs aRE NOT REqUIRED Of pHysIcIaNs, aND wE wOULD NOT THINk Of INDIVIDUaL pHysIcIaNs as bEINg sELfisH OR ¸ORaLLy INsUfficIENT If THEy DID NOT DO THEsE acTIVITIEs. °ERE aRE aLTRUIsTIc DOcTORs jUsT LIkE THERE aRE aLL kINDs Of aLTRUIsTIc pEOpLE. WE aD¸IRE THOsE wHO DO THIs kIND Of wORk, bUT IT caNNOT REDOUND TO THE wHOLE pROfEssION.
What Is Trou±ling a±out the Claim? SO faR º HaVE TRIED TO DEbUNk THE NOTION THaT pHysIcIaNs aRE REqUIRED TO bE aLTRUIsTIc IN ORDER TO bE aN UpsTaNDINg ¸E¸bER Of THE pROfEssION. º’VE aLsO cHaLLENgED THE IDEa THaT THE pROfEssION as a wHOLE Is ¸ORE INHERENTLy aLTRU-
IsTIc THaN OTHER pROfEssIONs. BUT ONE ¸IgHT REspOND THaT THE cLaI¸ TO aLTRUIs¸ Is aspIRaTIONaL; THaT IT DOEs NO HaR¸ aND caN ONLy pRO¸OTE gOOD. °ERE
117
¸ORE ¸ONEy OR sEcURE OTHER aDVaNTagEs by DOINg THINgs THaT aRE NOT gOOD fOR paTIENTs; sHOULDN’T wE ENcOURagE THEIR OwN INsIsTENcE ON THE VIRTUE Of aLTRUIs¸ TO pROTEcT paTIENTs? ¶OEsN’T bELIEVINg THEy aRE aLTRUIsTIc ¸akE THE¸ bETTER DOcTORs? µO. ºN facT, appEaLINg TO aLTRUIs¸ caN HaVE THE OppOsITE EffEcT. As SI¸ON BLackbURN Has wRITTEN IN Being Good, a NaTURaL REacTION TO ExTRE¸E, UNREaLIsTIc DE¸aNDs Of ¸ORaLITy Is TO sHRUg Off THOsE DE¸aNDs, TO IgNORE THE¸ IN pRacTIcE THOUgH wE ¸ay cONTINUE TO pREacH THE¸. ÄÎ ºT caN aLsO cONTRIbUTE TO THE INabILITy Of DOcTORs, aND OTHERs, TOO, TO accEpT sO¸E Of OUR ¸ORE HU¸bLINg, sHaRED HU¸aN faILINgs—LIkE ¸akINg ¸IsTakEs—aND IT caN ¸akE IT ¸ORE DIfficULT fOR Us TO REcOgNIzE aND aD¸IT TO cONflIcTs Of INTEREsT. º LIkE THE ¸EcHaNIc wHO TakEs caRE Of ¸y caR. ÁE kNOws wHaT HE Is DOINg. ÁE aDVIsEs ¸E agaINsT sO¸E Of THE “ExTRas” THaT ¸IgHT ¸akE HI¸ ¸ORE ¸ONEy bUT THaT º DON’T NEED. º kNOw THaT HE Has caRRIED ¸ORE THaN a fEw paycHEck- TO-paycHEck cUsTO¸ERs. ÁE REcENTLy ¸IsDIagNOsED a sTaRTINg IssUE wITH ¸y caR aND INsTaLLED aN UNNEcEssaRy paRT THaT DID NOT fix THE pRObLE¸. ÁE aD¸ITTED THE ERROR, RETURNED THE paRT, DID NOT cHaRgE ¸E fOR HIs LabOR, aND ¸aDE THE cORREcT REpaIR. ºT was THE RIgHT THINg TO DO. ºT was aLsO gOOD bUsINEss—º wILL bE back aND º wILL TELL ¸y fRIENDs abOUT HIs HONEsTy aND cO¸¸IT¸ENT TO HIs cUsTO¸ERs. BUT wHaT If HE bELIEVED THaT by “TakINg caRE Of ” ¸y caR HE was DOINg ¸E a faVOR, THaT HE was (EVEN THOUgH º pay HI¸) DOINg THE wORk as ¸UcH OUT Of THE gOODNEss Of HIs HEaRT as OUT Of pROfEssIONaL ObLIgaTION? °aT HE was bEINg aLTRUIsTIc. ºT wOULD HaVE bEEN HaRD fOR ¸E TO qUEsTION HIs ¸IsDIagNOsIs aND ERRaNT REpaIR If HE HaD NOT OwNED Up TO IT. AND HE ¸IgHT NOT sO EasILy HaVE accEpTED REspONsIbILITy fOR HIs ¸IsTakE. AND sO IT caN bE wITH DOcTORs, gOOD DOcTORs; THEy TOO OſtEN bELIEVE THaT HOLDINg THE¸ REspONsIbLE fOR ¸IsTakEs THEy HaVE ¸aDE wHEN THEIR HEaRTs aRE “IN THE RIgHT pLacE” aND “THEy aRE ONLy TRyINg TO HELp” (saVE a LIfE, pERHaps) sO¸EHOw casTs aspERsIONs ON THE¸. A sURgEON ONcE INITIaTED a LENgTHy DIscUssION wITH ¸E abOUT HOw UNjUsT ¸EDIcaL ¸aLpRacTIcE (I.E., TORT) Law was TO pHysIcIaNs. ÁE aRgUED THaT IT wasN’T RIgHT fOR pHysIcIaNs TO bE sUED wHEN THEy HaD ¸ERELy ¸aDE “aN HONEsT ¸IsTakE.” “´VERyONE ¸akEs ¸IsTakEs,” HE pOINTED OUT. WHEN º askED wHETHER paTIENTs wHO wERE HaR¸ED fRO¸ a ¸IsTakE LIkE THE ONE HE was DEscRIbINg sHOULD bE cO¸pENsaTED, HE saID, Of cOURsE.
citsiurtlA ylsuougibmA
aRE ¸aNy TE¸pTaTIONs IN THE ¸ODERN ¸EDIcaL wORLD fOR DOcTORs TO ¸akE
°ERE was ObVIOUsLy a DIscONNEcT HERE. As a LawyER, º was fOcUsINg ON
118
cO¸pENsaTION fOR a paTIENT’s INjURIEs, wHIcH wOULD REqUIRE pROOf Of NEgLIgENcE aND INjURy bEfORE bEINg awaRDED aND wHIcH wOULD bE paID by ¸aLpRac-
drehpehS sioL
TIcE INsURaNcE, fOR wHIcH THE (HypOTHETIcaL) pHysIcIaN wOULD HaVE aLREaDy paID THE pRE¸IU¸s. WHaT THE sURgEON was fOcUsINg ON was wHaT THE LawsUIT appEaRED TO say abOUT THE DOcTOR’s character . FURTHER, HE was sENsITIVE TO wHaT a sTaTE¸ENT abOUT THE cHaRacTER Of THE DOcTOR wOULD DO TO THE DOcTOR— IT wOULD bE psycHOLOgIcaLLy DEVasTaTINg. A sI¸ILaR VULNERabILITy was appaRENT IN THE REspONsEs Of ¸aNy IN THE ¸EDIcaL cO¸¸UNITy IN THE SpRINg Of 2013 TO THE cONTROVERsy sURROUNDINg THE ¼u¿¿ort ¹RIaL, a LaRgE ¸ULTIsITE sTUDy Of pRE¸aTURE INfaNTs. ÄÏ °E bIOETHIcs cO¸¸UNITy spLIT OVER wHETHER cONsENT fOR¸s UsED IN THE sTUDy wERE INaDEqUaTE UNDER THE fEDERaL REsEaRcH REgULaTIONs bEcaUsE THEy faILED TO DIscLOsE TO THE paRENTs Of THE INfaNTs ENROLLED REasONabLy fOREsEEabLE RIsks Of sERIOUs HaR¸s.ÄÐ °E ±fficE fOR ÁU¸aN ³EsEaRcH PROTEcTIONs (ohr¿) IssUED a DETER¸INaTION LETTER IN MaRcH 2013 TO THE ·NIVERsITy Of ALaba¸a, THE LEaD sITE, askINg ITs INsTITUTIONaL REVIEw bOaRD (ir½) TO TakE ¸EasUREs TO I¸pROVE cONsENT pROcEssEs IN THE fUTURE.ÄÑ ¶EspITE THE ExTRE¸ELy ¸ILD NaTURE Of THE ohr¿’s REspONsE (EssENTIaLLy, “bE ¸ORE caREfUL NExT TI¸E;” fEDERaL fUNDINg was NOT THREaTENED, fOR Exa¸pLE) aND THE facT THaT ITs cRITIcIs¸ was LI¸ITED TO THE cONsENT fOR¸s aND DID NOT qUEsTION THE sTUDy’s VaLUE OR DEsIgN OR THE INTEgRITy Of THE INVEsTIgaTORs, THE agENcy aND THOsE wHO sUppORTED ITs acTION wERE gENERaLLy sEEN as aTTackINg THE cHaRacTER Of THE INVEsTIgaTORs.ÄÒ °E EDITORs Of THE New England Journal of Medicine bLasTED THE ohr¿ fOR Da¸agINg REpUTaTIONs aND E¸pHasIzED THaT THE INVEsTIgaTORs wERE acTINg IN gOOD faITH.Ä× AN OpEN LETTER sIgNED by 46 scHOLaRs IN bIOETHIcs aND pEDIaTRIcs aRgUED THaT THE ohr¿ sHOULD NOT sEcOND-gUEss ir½s ON wHETHER REsEaRcH ETHIcs sTaNDaRDs HaVE acTUaLLy bEEN ¸ET by INVEsTIgaTORs, bUT sHOULD cONfiNE ITs INqUIRy TO DETER¸ININg wHETHER ir½s aRE DULy cONsTITUTED aND THE LIkE.ÆØ °E ¸EssagE REpLayED OVER aND OVER was THaT THE ¼u¿¿ort INVEsTIgaTORs wERE
good people—unselfishly devoted to saving—and learning how to save more— premature babies. ANy cO¸paRIsON TO EaRLIER sTUDIEs THaT aRE paRT Of THE ·.S. cOLLEcTION Of REsEaRcH “scaNDaLs” was Off LI¸ITs bEcaUsE THOsE EaRLIER sTUDIEs wERE cONDUcTED by I¸¸ORaL REsEaRcHERs—by pEOpLE NOT LIkE THE¸. (ÁIsTORy Has gENERaLLy TaUgHT Us OTHERwIsE—THaT ¸aNy REsEaRcH ETHIcs LapsEs OccUR DEspITE THE pREsENcE Of a wELL-¸EaNINg aND UpsTaNDINg INVEsTIgaTOR—THaT Is wHy wE HaVE REsEaRcH OVERsIgHT.) QUEsTIONs abOUT a DOcTOR’s acTIONs, EspEcIaLLy If THOsE acTIONs HaVE sO¸E RELaTIONsHIp TO ¸aTTERs Of ETHIcs, aRE pERcEIVED as aN aL¸OsT ExIsTENTIaL
THREaT. BUT wHETHER wE aRE askINg If sTaNDaRDs Of caRE wERE ¸ET IN REspEcT TO ExEcUTION Of a sURgIcaL pROcEDURE OR If INfOR¸ED cONsENT fOR¸s DIscLOsED
119
wORTH cONsIDERINg wHETHER THE sHIELDs pHysIcIaNs TEND TO pUT Up TO DEflEcT scRUTINy Of THEIR acTIONs, aND THE acTIONs Of THEIR pEERs, aRE NEEDED bEcaUsE THEy HaVE ¸aDE THE¸sELVEs sO psycHOLOgIcaLLy TENDER TO aTTack by ExpEcTINg THE¸sELVEs TO bE “aLL gOOD” aLL THE TI¸E. Æà °E sHIELD Of aLTRUIs¸ caN bE INsIDIOUs. °Is Is NOwHERE ¸ORE EVIDENT THaN IN THE REsIsTaNcE a¸ONg DOcTORs TO ackNOwLEDgE wHEN THEy HaVE a cONflIcT Of INTEREsT. ÁERE, pERHaps ¸ORE THaN IN aNy OTHER spHERE, THE IDEaL Of aN aLTRUIsTIc pROfEssION caN bLIND pROfEssIONaLs TO THE VERy REaL ENTIcE¸ENTs Of gIſts, ¸ONEy, pREsTIgE, aND accLaI¸. ÆÄ ¹O pREsU¸E, as ¸aNy DO, THaT THE gOOD THEy DO (aND º ¸UsT REpEaT, THEy do good) sETs THE¸ apaRT, ¸akEs THE¸ bETTER abLE THaN OTHERs TO aVOID VIOLaTINg DUTIEs bEcaUsE Of TROUbLINg cONflIcTs Of INTEREsTs without requiring rules and policies against these conflicts Is NaïVE aND, IT ¸UsT bE saID, sO¸EwHaT aRROgaNT. ÆÆ ºT was NOT LONg agO wHEN OUR pREscRIpTIONs wERE wRITTEN wITH pENs sUppLIED by DRUg cO¸paNIEs aND OUR THROaTs cHEckED by DOcTORs UsINg TONgUE DEpREssORs bEaRINg THE Na¸E Of a pREscRIpTION DRUg. ¶RUg cO¸paNIEs, bEfORE aDOpTINg a VOLUNTaRy baN IN 2008, UsED TO HaND THEsE OUT TO DOcTORs LIkE caNDy. WHaT Is ¸ORE TROUbLINg THaN THaT THEsE ITE¸s pROLIfERaTED THROUgHOUT OUR HEaLTH caRE sETTINgs Is THaT ¸aNy pHysIcIaNs bELIEVED THaT THEy wERE abOVE bEINg INflUENcED by THE¸. BEfORE a sI¸ILaR baN IN 2002, DOcTORs wERE bEINg gIVEN VacaTIONs by DRUg cO¸paNIEs UNDER THE gUIsE Of “cONfERENcEs” IN ExOTIc LOcaTIONs. ¶OcTORs gENERaLLy bELIEVED THEy wOULD NOT bE I¸pROpERLy INflUENcED by sUcH jUNkETs.ÆÎ A LEgIsLaTOR wHO sOUgHT OfficE ONLy fOR THE gOOD Of HER NaTION ¸IgHT bE sUbjEcT TO ¸yRIaD cONflIcTs Of INTEREsT RULEs bEcaUsE wE DO NOT TRUsT HER TO aLways bE abLE TO jUDgE wHEN sHE Is bEINg swayED by spEcIaL INTEREsTs, bUT sO¸EHOw DOcTORs DID NOT NEED THE sa¸E ETHIcaL sTRINgENcy. °Ey DID, aſtER aLL, pURsUE pURpOsEs THaT aRE “UNa¸bIgUOUsLy aLTRUIsTIc.”ÆÏ WHILE fREE pENs aND VacaTIONs HaVE gONE by THE waysIDE, THE fiNaNcIaL TIEs bETwEEN DRUg cO¸paNIEs aND DOcTORs aRE sTRONgER THaN EVER wITH cONsULTINg fEEs aND cONTRacT REsEaRcH.ÆÐ ¶OcTORs aLsO OwN I¸agINg facILITIEs, spEcIaLTy HOspITaLs, ÆÑ aND paTENTs. µONfiNaNcIaL cONflIcTs Of INTEREsT caN bE HaRDER TO REcOgNIzE aND aRE RaRELy ackNOwLEDgED as a cONflIcT Of INTEREsT—sUcH as waNTINg TO aVOID a paTIENT “DyINg ON ¸y waTcH” OR wIsHINg TO DIscOVER scIENTIfic aDVaNcEs NOT fOR fiNaNcIaL gaIN bUT, as º a¸ sURE THE ¼u¿¿ort INVEsTIgaTORs wIsHED, IN ORDER TO ¸akE fUTURE paTIENTs’ LIVEs bETTER. ÆÒ
citsiurtlA ylsuougibmA
aLL RELEVaNT RIsks, pHysIcIaNs’ acTIONs caNNOT bE I¸¸UNE fRO¸ cRITIcIs¸. ºT Is
WHILE LawyERs TEND TO THINk Of cONflIcTs Of INTEREsT as “ObjEcTIVE, sTRUc-
120
TURaL, aND RULE-basED,” DOcTORs sEE THE¸ “as RELaTINg TO THE INDIVIDUaL’s cHaRacTER aND abILITy TO REsIsT TE¸pTaTION.”Æ× As SaNDRa JOHNsON Has wRITTEN, “¹ELL
drehpehS sioL
DOcTORs THaT THEy HaVE a ‘cONflIcT Of INTEREsT’ IN RELaTION TO a pROpOsED pROTOcOL fOR REsEaRcH wITH HU¸aN sUbjEcTs, aND THEy bELIEVE THaT yOU HaVE accUsED THE¸ Of UNETHIcaL bEHaVIOR. . . . [¶]OcTORs TEND TO assU¸E THaT a cONflIcT Of INTEREsT ExIsTs ONLy wHEN THEy acTUaLLy HaVE ¸aDE a ‘baD’ DEcIsION ¸OTIVaTED by THEIR fiNaNcIaL INTEREsT.”ÎØ °Is ¸EaNs THaT If a DOcTOR acTUaLLy DOEs sO¸ETHINg improper bEcaUsE Of THE TE¸pTaTION pOsED by a pERsONaL cONflIcT Of INTEREsT, HE Is baD; OTHERwIsE, THE cONflIcT Of INTEREsT Is NOT a pRObLE¸ aND OſtEN gOEs UNNOTIcED. SEEINg THE¸sELVEs aND THEIR pEERs as EITHER “gOOD” OR “baD” ¸akEs THE¸ LEss abLE aND wILLINg TO sEE, IDENTIfy, aND ¸aNagE cONflIcTs Of INTEREsT—THEIR OwN aND THOsE Of THEIR cOLLEagUEs. AND cONflIcTs Of INTEREsTs aRE EVEN ¸ORE DIfficULT fOR paTIENTs TO sEE. WE HaVE LONg bEEN awaRE Of THE pHENO¸ENON Of THE “THERapEUTIc ¸IscONcEpTION” IN REsEaRcH, UNDER wHIcH paTIENTs ¸IsTakENLy bELIEVE, EVEN If TOLD OTHERwIsE, THaT “DEcIsIONs abOUT THEIR caRE aRE bEINg ¸aDE sOLELy wITH THEIR bENEfiT IN ¸IND.” Îà A ¸OTHER Of aN INfaNT ENROLLED IN THE ¼u¿¿ort ¹RIaL ExpLaINED aT a pUbLIc HEaRINg THaT sHE DID NOT UNDERsTaND THaT HER cHILD was IN a REsEaRcH ExpERI¸ENT; sHE was “UNDER THE I¸pREssION THIs was ¸ORE a sUppORT gROUp.”ÎÄ “WHaT ¸OTHER wOULD NOT waNT sUppORT?” sHE askED.ÎÆ ´VEN wHEN sUbjEcTs UNDERsTaND THaT THEy HaVE ENROLLED IN REsEaRcH, THEy caN bE sURpRIsED TO fiND THEy wERE ON THE pLacEbO aR¸ Of a TRIaL bEcaUsE THE sUbjEcTs—aLsO paTIENTs—bELIEVE THaT NO DOcTOR wOULD pUT THE¸ IN DaNgER by TakINg THE¸ Off ¸EDIcaTION.ÎÎ SI¸ILaRLy, a paTIENT OR fa¸ILy ¸E¸bER wOULD LIkELy bE sURpRIsED TO LEaRN THaT a pHysIcIaN ¸IgHT HaVE aN INTEREsT IN ORDERINg ExTRa TEsTs TO bOOsT REVENUEs aT THE I¸agINg facILITy IN wHIcH HE Has aN INTEREsT, OR THaT a NURsINg HO¸E ¸IgHT bENEfiT fRO¸ HIgHER REI¸bURsE¸ENT RaTEs fOR ¸aINTaININg a sURgIcaLLy I¸pLaNTED fEEDINg TUbE OVER fEEDINg by HaND, a LEss INVasIVE aND ¸ORE pERsONaL fOR¸ Of caRE. WHILE THE HaIR sTyLIsT aLsO Has cONflIcTs Of INTEREsTs, THEy aRE EasIER TO sEE. °ERE Is a cLEaR pRIcE fOR THE sERVIcEs pERfOR¸ED, aND IT Is NO sEcRET THaT HE OR sHE Is sELLINg THE HaIR caRE pRODUcTs aT THE fRONT Of THE saLON. °E DELIVERy Of ¸EDIcaL caRE Is ¸ORE ETHIcaLLy cO¸pLEx aND ¸ORE EssENTIaL TO HU¸aN wELL- bEINg, IT Is TRUE. BUT THE cOLLEcTIVE INabILITy OR RELUcTaNcE ON THE paRT Of pHysIcIaNs, paTIENTs, aND THE gENERaL pUbLIc TO IDENTIfy, DIscLOsE, aND DETER¸INE HOw TO ¸aNagE THREaTs TO paTIENT wELfaRE aND paTIENT aUTONO¸y pOsED by
cONflIcTs Of INTEREsT—aND TO ¸akE THE DELIVERy Of ¸EDIcaL caRE less ETHIcaLLy cO¸pLEx wHEN pOssIbLE by eliminating cONflIcTs Of INTEREsT—DEpENDs IN LaRgE
121
WE HaVE a LOT Of wORk TO DO IDENTIfyINg ¸ORE ExacTLy wHaT wE ¸EaN wHEN wE say a pHysIcIaN Has a DUTy TO acT IN THE bEsT INTEREsTs Of THE paTIENT. °aT Is wHERE OUR aTTENTION NEEDs TO gO—NOT IN fURTHER ExpLORaTION Of wHaT IT ¸EaNs fOR a DOcTOR TO bE aLTRUIsTIc, HOw TO IDENTIfy aLTRUIsTIc ¸EDIcaL scHOOL appLIcaNTs, OR HOw TO ¸EasURE wHETHER sTUDENTs HaVE gROwN IN THEIR cO¸¸IT¸ENT TO aLTRUIs¸ THROUgH THEIR ¸EDIcaL scHOOL EDUcaTION. AbaNDONINg THE IDEa ¸ay RELIEVE ITs ¸E¸bERs Of UNREaLIsTIc bURDENs THaT caN DIsTORT THEIR abILITy TO ENgagE IN cRITIcaL sELf-REflEcTION. BEsIDEs, wHy wOULD THE pROfEssION waNT TO HOLD ITsELf apaRT? ºf wHaT THE pROfEssION REaLLy ¸EaNs wHEN IT TaLks abOUT aLTRUIs¸ Is NOT sELf-sacRIficE, bUT INsTEaD E¸paTHy, UNDERsTaNDINg, cONNEcTION wITH paTIENTs aND OTHERs—aND THaT ¸ay bE wHaT sO¸E IN THE pROfEssION acTUaLLy DO ¸EaN wHEN THEy TaLk abOUT aLTRUIs¸—THEN IsN’T IT faR bETTER TO UNDERsTaND THaT NO sINgLE OccUpaTION OR gROUp Of pEOpLE Has a sTRONgER cLaI¸ TO bEINg caLLED aLTRUIsTIc? AREN’T wE aLL IN THIs TOgETHER?
Conclusion A REcENT sTORy IN THE NEws TOLD abOUT aN 8-yEaR-OLD bOy IN µEw YORk wHO wOkE TO DIscOVER fiRE IN HIs gRaNDfaTHER’s ¸ObILE HO¸E, wHERE HE was spENDINg THE NIgHT. AſtER awakENINg aND UsHERINg OUT sIx RELaTIVEs, INcLUDINg TwO OTHER cHILDREN, HE wENT back IN TO TRy TO HELp HIs DIsabLED gRaNDfaTHER aND HIs UNcLE gET OUT. BUT wHEN HE DID, HE bEca¸E OVERcO¸E wITH HEaT aND s¸OkE, aND HE DIED. ¹yLER ¶OOHaN was a HERO. AND HE was TREaTED as ONE. ÁE was gIVEN a fiREfigHTER’s fUNERaL, IN wHIcH fiREfigHTERs fRO¸ aROUND THE sTaTE wORE DREss bLUEs aND wHITE gLOVEs, aND fiRE ENgINEs LINED THE sTREETs. ¹yLER was HaILED fOR HIs cOURagE, HIs bRaVERy, HIs sELflEssNEss. ÎÏ ¹yLER ¶OOHaN was NOT jUsT a HERO, HE was aN aLTRUIsTIc HERO. °OUgH gIVEN THE TITLE Of aN HONORaRy fiREfigHTER IN DEaTH, HE was NOT TRaINED TO figHT fiREs OR ExpEcTED TO aTTE¸pT TO REscUE OTHERs fRO¸ a bURNINg bUILDINg. PEOpLE Of aLL agEs aND TaLENTs aND OccUpaTIONs gO OUT Of THEIR way TO HELp OTHERs aT cOsT aND RIsk TO THE¸sELVEs, sO¸ETI¸Es ¸akINg THE ULTI¸aTE sacRIficE. ALTRUIs¸ DOEs ExIsT, aND wE NEED TO HONOR IT. BUT DOINg sO REqUIREs Us TO REcOgNIzE wHaT IT Is aND wHaT IT Is NOT. AbOUT a wEEk aſtER THE sTORy Of ¹yLER ¶OOHaN, THERE was aNOTHER INspIRINg NaTIONaL NEws sTORy abOUT sO¸EONE wHO HaD DONE sO¸ETHINg TERRIfic.
citsiurtlA ylsuougibmA
paRT, º sUspEcT, ON OUR I¸agE Of DOcTORs as aLTRUIsTIc.
AN UNExpEcTED aND sEVERE sNOwsTOR¸ IN ALaba¸a HaD sTRaNDED a sURgEON,
122
¶R. ZENkO ÁRyNkIwON, ON HIs way fRO¸ ONE HOspITaL TO aNOTHER TO pERfOR¸ E¸ERgENcy, LIfE-saVINg bRaIN sURgERy. WHEN TRaVELLINg by caR bEca¸E I¸pOs-
drehpehS sioL
sIbLE bEcaUsE Of bLOckED ROaDs, HE HEaDED OUT ON THE 6-¸ILE TREk IN 20-DEgREE wEaTHER IN HIs scRUbs, a jackET, aND OpERaTINg ROO¸ sLIp cOVERs OVER HIs sHOEs. ÁE REcEIVED THE paTIENT’s »t scaN VIa TExT as HE waLkED, was EVENTUaLLy gIVEN a LIſt by a passERby fOR THE LasT bIT Of THE jOURNEy, aND was IN sURgERy TwO HOURs aſtER HE sET OUT. °E paTIENT was bELIEVED TO HaVE HaD a 90 pERcENT cHaNcE Of DyINg wITHOUT THE sURgERy. ÁE LIVED. AccORDINg TO NEws REpORTs, UpON aRRIVaL TO THE OpERaTINg ROO¸, THE cHaRgE NURsE TOLD ¶R. ÁRyNkIwON, “YOU’RE a gOOD ¸aN.’” °E DOcTOR REpLIED, “º’¸ jUsT DOINg ¸y jOb.”ÎÐ °Ey wERE bOTH RIgHT.
notes 1 AssOcIaTED ÁaIR PROfEssIONaLs, Code of Ethics, HTTp://www.INsURINgsTyLE.cO¸/HaIRsTyLIsTs /¸E¸bERsHIp/aHp-cODE-Of-ETHIcs (accEssED SEpTE¸bER 29, 2014). 2 °E SOcIETy Of PER¸aNENT COs¸ETIc PROfEssIONaLs, Code of Ethics , HTTp://www.spcp .ORg/INfOR¸aTION-fOR-TEcHNIcIaNs/spcp-cODE-Of-ETHIcs (accEssED SEpTE¸bER 29, 2014). 3 ³. M. ÂEaTcH, A °eory of Medical Ethics (µEw YORk: BasIc BOOks, ºNc., 1981): aT 6, 92–107 (DIscUssINg THE INaDEqUacy Of RELIaNcE ON aNy pROfEssION TO DETER¸INE ITs OwN ¸ORaL fOUNDaTION THROUgH agREE¸ENT a¸ONg ITs ¸E¸bERs). 4 °E 1847 ¾m¾ cODE sTaTEs THaT “THERE Is NO pROfEssION, fRO¸ THE ¸E¸bERs Of wHIcH gREaTER pURITy Of cHaRacTER aND a HIgHER sTaNDaRD Of ¸ORaL ExcELLENcE aRE REqUIRED, THaN THE ¸EDIcaL.” ÂEacH, °eory of Medical Ethics, 93. 5 C. ³. MacKENzIE, “PROfEssIONaLIs¸ aND MEDIcINE,” History of the Human Sciences
Journal 3, NO. 2 (2007): 222–227 (cITINg W. ±. ±sLER, “±N THE ´DUcaTIONaL ÂaLUE Of THE MEDIcaL SOcIETy,” IN Aequanimitas, with Other Addresses to Medical Students, Nurses
and Practitioners of Medicine, 3RD ED. [PHILaDELpHIa: BLakIsTON, 1932]: 395–423). 6 ². ³. CHURcHILL, “°E ÁEgE¸ONy Of MONEy: CO¸¸ERcIaLIs¸ aND PROfEssIONaLIs¸ IN A¸ERIcaN MEDIcINE,” Cambridge Quarterly Healthcare Ethics 16, NO. 4 (2007), 407–414. 7 ³. FaDEN, µ. Kass, aND S. GOOD¸aN, ET aL., “AN ´THIcs FRa¸EwORk fOR a ²EaRNINg ÁEaLTH CaRE SysTE¸: A ¶EpaRTURE fRO¸ ¹RaDITIONaL ³EsEaRcH ´THIcs aND CLINIcaL ´THIcs,” Hastings Center Report 43, NO. S1 (2013): S16–S27. 8 ´DITORs, “²OOkINg Back ON THE MILLENNIU¸ IN MEDIcINE,” New England Journal of
Medicine 342, NO. 1 (2000): 42–49. 9 A¸ERIcaN BOaRD Of ºNTERNaL MEDIcINE, Project Professionalism (PHILaDELpHIa: A¸ERIcaN BOaRD Of ºNTERNaL MEDIcINE, 1998), 5. 10 PROjEcT Of THE ¾½im FOUNDaTION, ¾»¿–¾¼im FOUNDaTION, aND ´UROpEaN FEDERaTION Of ºNTERNaL MEDIcINE, “MEDIcaL PROfEssIONaLIs¸ IN THE µEw MILLENNIU¸: A PHysIcIaN CHaRTER,” Annals of Internal Medicine 136, NO. 3 (2002): 243–246.
11 Á. C. SOx, “PREfacE,” Annals of Internal Medicine 136, NO. 3 (2002). 12 FOR a DIscUssION Of THE ¸EDIcaL pROfEssIONaL LITERaTURE ON DEfiNITIONs aND INVOcaTIONs
123
Of pROfEssIONaLIs¸ aND aLTRUIs¸, sEE F. W. ÁaffERTy, “¶EfiNITIONs Of PROfEssIONaLIs¸:
(2006): 193–204. ÁaffERTy NOTEs THaT BRITIsH DEfiNITIONs Of pROfEssIONaLIs¸ “DO NOT HIgHLIgHT aLTRUIs¸ as a cORE cONcEpT OR aN ORgaNIzINg pRINcIpLE” (199). 13 Á. M. SwIck, “¹OwaRD a µOR¸aTIVE ¶EfiNITION Of MEDIcaL PROfEssIONaLIs¸,” Academic
Medicine 75, NO. 6 (2000): 612–616; ¶. ¶. GIbsON, ². ². COLDwELL, aND S. F. KIEwIT, “CREaTINg a CULTURE Of PROfEssIONaLIs¸: AN ºNTEgRaTED AppROacH,” Academic Medicine 75, NO. 5 (2000): 509; C. ². BaRDEs, “ºs MEDIcINE ALTRUIsTIc? A QUERy fRO¸ THE MEDIcaL ScHOOL AD¸IssIONs ±fficE,” Teaching and Learning in Medicine: An International
Journal 18, NO. 1 (2010): 48–49. 14 FRENcH pHILOsOpHER AUgUsTE CO¸TE cOINED THE TER¸ IN THE NINETEENTH cENTURy TO DEscRIbE aN ETHIcaL ObLIgaTION “TO LIVE fOR OTHERs,” RENOUNcINg sELf-INTEREsT. Stanford
Encyclopedia of Philosophy , s.V. “AUgUsTE CO¸TE,” HTTp://pLaTO.sTaNfORD.EDU/ENTRIEs /cO¸TE/#´THSOc (accEssED SEpTE¸bER 29, 2014). Oxford Living Dictionaries DEfiNEs aLTRUIs¸ as “THE bELIEf IN OR pRacTIcE Of DIsINTEREsTED aND sELflEss cONcERN fOR THE wELL- bEINg Of OTHERs.” Oxford Living Dictionaries, HTTp://www.OxfORDDIcTIONaRIEs.cO¸/Us /DEfiNITION/a¸ERIcaN_ENgLIsH/aLTRUIs¸ (accEssED SEpTE¸bER 29, 2014). SEE aLsO A. MacºNTyRE, “´gOIs¸ aND ALTRUIs¸,” IN ¶. M. BORcHERT, ED., Encyclopedia of Philosophy, VOL. 2 (µEw YORk: Mac¸ILLaN, 1967): aT 442–466. MacºNTyRE ExpLaINs THaT aLTRUIs¸ Is OſtEN cONsIDERED THE OppOsITE Of EgOIs¸ aND DEscRIbEs THE REsULTINg pREOccUpaTION wITH DETER¸ININg wHIcH Of THEsE TwO ¸OTIVEs, OR ways Of LIVINg, gOVERN OUR acTIONs. ÁE pROVIDEs a cONTRaRy VIEw, wRITINg THaT “If º waNT TO LEaD a cERTaIN kIND Of LIfE, wITH RELaTIONsHIps Of TRUsT, fRIENDsHIp, aND cOOpERaTION wITH OTHERs, THEN ¸y waNTINg THEIR gOOD aND ¸y waNTINg ¸y gOOD aRE NOT TwO INDEpENDENT, DIscRI¸INabLE DEsIREs.” 15 W. GLaNNON aND ². F. ³Oss, “ARE ¶OcTORs ALTRUIsTIc?” Journal of Medical Ethics 28 (2002): 68–69. FOR DIscUssION Of pHysIcIaNs’ fiDUcIaRy ObLIgaTIONs, sEE M. J. MEHL¸aN, “¶IsHONEsT MEDIcaL MIsTakEs,” Vanderbilt Law Review 59, NO. 4 (2006): 1137–1173; M. A. ³ODwIN, “STRaINs IN THE FIDUcIaRy METapHOR: ¶IVIDED PHysIcIaN ²OyaLTIEs aND ±bLIgaTIONs IN a CHaNgINg ÁEaLTH CaRE SysTE¸,” American Journal of Law and Medi-
cine 21, NOs. 2–3 (1995): 241–257. 16 GLaNNON aND ³Oss, “ARE ¶OcTORs ALTRUIsTIc?” 17 GLaNNON aND ³Oss, “ARE ¶OcTORs ALTRUIsTIc?” SI¸ILaRLy, ³. S. ¶OwNIE wRITEs THaT “MORaLITy ENTERs ¸EDIcINE THROUgH THE qUaLITy Of THE INDIVIDUaL DOcTOR’s wORk, NOT by THE DEfiNITION Of THaT wORk.” ³. S. ¶OwNIE, “SUpEREROgaTION aND ALTRUIs¸: A CO¸¸ENT,” Journal of Medical Ethics 28, NO. 2 (2002): 75–76. 18 GLaNNON aND ³Oss, “ARE ¶OcTORs ALTRUIsTIc?” 19 ¶. ±RENTLIcHER, “°E ºNflUENcE Of a PROfEssIONaL ±RgaNIzaTION ON PHysIcIaN BEHaVIOR,”
Albany Law Review 57, NO. 3 (1994): 583–605. 20 B. MONTOpOLI, “SUE ²OwDEN STaNDs by CHIckEN ÁEaLTH CaRE BaRTER PLaN,” ´µ± News , ApRIL 22, 2010, HTTp://www.cbsNEws.cO¸/NEws/sUE-LOwDEN-sTaNDs-by-cHIckEN-HEaLTH -caRE-baRTER-pLaN (accEssED SEpTE¸bER 29, 2014). FOR REpORTINg aND VIDEO fOOTagE Of THE ORIgINaL ²OwDEN cO¸¸ENT ON baRTERINg wITH pHysIcIaNs, sEE ´. KLEEfELD, “ ¶·-
±¸¶ CaNDIDaTE SUE ²OwDEN (³): ‘BaRTER WITH YOUR ¶OcTOR,’ ” ¹º», ApRIL 12, 2010,
citsiurtlA ylsuougibmA
A SEaRcH fOR MEaNINg aND ºDENTITy,” Clinical Orthopaedics and Related Research 449
HTTp://TaLkINgpOINTs¸E¸O.cO¸/Dc/NV-sEN-caNDIDaTE-sUE-LOwDEN-R-baRTER-wITH-yOUR
124
-DOcTOR-VIDEO (accEssED SEpTE¸bER 29, 2014). 21 FOR aN EaRLy Essay pREsENTINg a moral aRgU¸ENT fOR UNDERsTaNDINg THE pRacTIcE Of ¸EDIcINE as a bUsINEss, sEE ³. M. SaDE, “MEDIcaL CaRE as a ³IgHT: A ³EfUTaTION,” New
drehpehS sioL
England Journal of Medicine 285, NO. 23 (1971): 1288–1292. SaDE cO¸paREs THE pHysIcIaN TO a bakER. 22 A¸ERIcaN BaR AssOcIaTION (¾½¾), Model Rules of Professional Conduct , ³ULE 6.01 (“´VERy LawyER Has a pROfEssIONaL REspONsIbILITy TO pROVIDE LEgaL sERVIcEs TO THOsE UNabLE TO pay. A LawyER sHOULD aspIRE TO RENDER aT LEasT [50] HOURs Of pRO bONO pUbLIcO LEgaL sERVIcEs pER yEaR.”) BEcaUsE THE REqUIRE¸ENT TO pROVIDE pRO bONO sERVIcEs Is sO¸EwHaT gENERaL, IT wOULD bE DIfficULT TO ENfORcE, EVEN IN THOsE sTaTEs THaT HaVE aDOpTED ³ULE 6.01 as paRT Of THE REgULaTIONs gOVERNINg THE cONDUcT Of LawyERs. µEw YORk, HOwEVER, Has REcENTLy aDOpTED a RULE “REqUIRINg appLIcaNTs fOR aD¸IssION TO THE µEw YORk STaTE baR TO pERfOR¸ 50 HOURs Of pRO bONO sERVIcEs.” µEw YORk STaTE ·NIfOR¸ COURT SysTE¸, HTTp://www.NycOURTs.gOV/aTTORNEys/pRObONO/baRaD¸IssIONREqs.sHT¸L (accEssED SEpTE¸bER 29, 2014). MOREOVER, cOURTs caN appOINT LawyERs TO sERVE paRTIcULaR cLIENTs IN a casE aND wHEN THEy DO sO, THE LawyERs’ cO¸pENsaTION fOR sUcH REpREsENTaTION wILL bE fixED by THE cOURT. SEE ¾½¾ Model, ³ULE 6.2 (“A LawyER sHaLL NOT sEEk TO aVOID appOINT¸ENT by a TRIbUNaL TO REpREsENT a pERsON ExcEpT fOR gOOD caUsE.”) 23 SEE GLaNNON aND ³Oss, “ARE ¶OcTORs ALTRUIsTIc?” 24 S. BLackbURN, Being Good (µEw YORk: ±xfORD ·NIVERsITy PREss ºNc., 2001): aT 48–49. MILLENNIaL ¸EDIcaL sTUDENT gRaDUaTEs ¸ay NOT bE as INcLINED TO sUppORT aND pRO¸OTE aLTRUIs¸ as a cORE VaLUE. F. W. ÁaffERTy, “WHaT MEDIcaL STUDENTs KNOw abOUT PROfEssIONaLIs¸,” Mount Sinai Journal of Medicine 69, NO. 6 (2002): 385–398. ÁaffERTy wRITEs THaT cLassROO¸ DIscUssION wITH ¸EDIcaL sTUDENTs as paRT Of a pROfEssIONaLIs¸ cURRIcULU¸ REVEaLED LITTLE sUppORT fOR THE pRINcIpLE THaT pHysIcIaNs sHOULD sUbORDINaTE THEIR OwN INTEREsTs TO THE INTEREsTs Of OTHERs. °E sTUDENTs ExpREssED a NEED fOR “baLaNcE” IN THEIR LIVEs, THE I¸pORTaNcE Of TakINg caRE Of ONEsELf IN ORDER TO HELp OTHERs, aND a Lack Of cO¸¸IT¸ENT TO VagUE aND gENERaL pROfEssIONaL cODEs aND OaTHs I¸pOsED by OTHERs. ÁE wRITEs, “STUDENTs cERTaINLy VERbaLIzED a cO¸¸IT¸ENT TO DOINg gOOD, bUT THEy wERE UNRE¸ITTINgLy cLEaR THaT THE wHO, wHaT, wHEN, wHERE, aND wHy wOULD RE¸aIN UNDER THE cONTROL Of THE ‘DO gOODER.’ ” WHILE sO¸E Of THEsE aTTITUDEs aRE NOT paRTIcULaRLy pRObLE¸aTIc UNDER THE THEsIs Of THIs aRTIcLE, wE ¸IgHT NEVERTHELEss bE cONcERNED THaT ONcE “aLTRUIs¸” Is REjEcTED OR DIscREDITED as THE LEssON TO LEaRN, sTUDENTs ¸ay NOT bE TaUgHT OR ¸ay NOT UNDERsTaND aND INTERNaLIzE wHaT THEIR TRUE aND ¸ORE spEcIfic ETHIcaL aND LEgaL ObLIgaTIONs aRE TO paTIENTs. MOsT cONcERNINg Is ÁaffERTy’s sTaTE¸ENT THaT THE sTUDENTs “[¸]OsT cLEaRLy aND E¸pHaTIcaLLy . . . REjEcTED THE NOTION THaT THEy wERE ObLIgED TO DO aNyTHINg. PERIOD” (391). SEE aLsO ÁaffERTy, “¶EfiNITIONs Of PROfEssIONaLIs¸.” 25 S. COONs, “°E ¼u¿¿ort ¹RIaL: ³Isk aND CONsENT QUEsTIONs ¶IVIDE THE CLINIcaL ³EsEaRcH CO¸¸UNITy,” Research Practitioner 14, NO. 5 (2013): 112–117. G. J. ANNas aND C. ². ANNas, “²EgaLLy BLIND: °E °ERapEUTIc ºLLUsION IN THE SUppORT STUDy Of ´xTRE¸ELy PRE¸aTURE ºNfaNTs,” Journal of Contemporary Health Law and Policy 30, NO. 1 (2014): 1–36. ³. MackLIN aND ². SHEpHERD, “ºNfOR¸ED CONsENT aND STaNDaRD Of CaRE: WHaT MUsT BE ¶IscLOsED,” American Journal of Bioethics 13, NO. 12 (2013): 9–13.
26 CO¸paRE B. S. WILfOND ET aL., “°E ohr¿ aND ¼u¿¿ort,” New England Journal of Medi-
cine 368, NO. 25 (2013): E36, DOI:10.1056/µ´JMc1307008, wITH ³. MackLIN ET aL., “°E
125
ohr¿ aND ¼u¿¿ort—ANOTHER ÂIEw,” New England Journal of Medicine 369, NO. 2
mingham, MaRcH 7, 2013, HTTp://www.HHs.gOV/OHRp/DETR¸_LETRs/Y³13/¸aR13a.pDf (accEssED ±cTObER 1, 2014). 28 SEE, E.g., J. ¶. ²aNTOs, “ohr¿ aND PUbLIc CITIzEN ARE WRONg abOUT µEONaTaL ³EsEaRcH ON ±xygEN °ERapy,” Bioethics Forum, Hastings Center Report, ApRIL 18, 2013, HTTp://
=
=
www.THEHasTINgscENTER.ORg/BIOETHIcsfORU¸/POsT.aspx?ID 6306ÍbLOgID 140 (accEssED ±cTObER 1, 2014); sEE aLsO cO¸¸ENTs pOsTED by K. BaRRINgTON, ON JUNE 10 2013, TO ². SHEpHERD, “°E SUppORT STUDy aND THE STaNDaRD Of CaRE,” Bioethics Forum, °e Hast-
ings Center Report , May 17, 2013, HTTp://www.THEHasTINgscENTER.ORg/BIOETHIcsfORU¸
=
=
/POsT.aspx?ID 6358ÍbLOgID 140 (accEssED ±cTObER 1, 2014). 29 J. M. ¶RazEN, C. G. SOLO¸ON, aND M. F. GREENE, “ºNfOR¸ED CONsENT aND ¼u¿¿ort,”
New England Journal of Medicine 368, NO. 20 (2013): 1929–1931. 30 SEE WILfOND, “°E ohr¿ aND ¼u¿¿ort.” 31 SEE MacºNTyRE, “´gOIs¸ aND ALTRUIs¸” (wRITINg abOUT OUR ¸IsgUIDED pREOccUpaTION wITH UNDERsTaNDINg acTIONs as TakEN EITHER IN sELf-INTEREsT OR bENEVOLENcE, EITHER wITH baD ¸OTIVEs OR gOOD ¸OTIVEs). 32 SEE M. Á. BazER¸aN aND A. ´. ¹ENbRUNsEL, Blind Spots: Why We Fail to Do What’s
Right and What to Do about It (PRINcETON: PRINcETON ·NIVERsITy PREss, 2011): aT 20–21 (“[M]OsT s¸aRT, wELL-EDUcaTED DOcTORs aRE pUzzLED by THE cRITIcIs¸ agaINsT THE¸, as THEy aRE cONfiDENT IN THEIR OwN ETHIcaLITy aND THE ‘facT’ THaT THEy aLways pUT THEIR paTIENTs’ INTEREsTs fiRsT. . . . BUT THE ¸ORE pERNIcIOUs aspEcT Of cONflIcTs Of INTEREsT Is cLaRIfiED by wELL-REpLIcaTED REsEaRcH sHOwINg THaT wHEN pEOpLE HaVE a VEsTED INTEREsT IN sEEINg a pRObLE¸ IN a cERTaIN ¸aNNER, THEy aRE NO LONgER capabLE Of ObjEcTIVITy.”). 33 ALTHOUgH a fULL ExpLORaTION Is bEyOND THE scOpE Of THIs Essay, paTERNaLIs¸ Is aN aDDITIONaL cONcERN THaT OſtEN flOws fRO¸ THE bEsT Of INTENTIONs bUT, NONETHELEss, RaIsEs cONcERNs abOUT wHIcH a wELL-¸EaNINg pHysIcIaN ¸ay NOT EVEN bE awaRE. AN OVERbLOwN sENsE Of aLTRUIs¸ ¸ay, aT LEasT IN paRT, cONTRIbUTE TO THE pERNIcIOUs sELf-RaTIONaLIzaTION THaT THE DOcTOR aLways kNOws bEsT. 34 J. P. ±RLOwskI aND ². WaTEska, “°E ´ffEcTs Of PHaR¸acEUTIcaL FIR¸ ´NTIcE¸ENTs ON PHysIcIaN PREscRIbINg PaTTERNs: °ERE’s µO SUcH °INg as a FREE ²UNcH,” Chest 102, NO. 1 (1992): 270–273; A. WazaNa, “PHysIcIaNs aND THE PHaR¸acEUTIcaL ºNDUsTRy, ºs a GIſt ´VER JUsT a GIſt?” ¼½¾½ 283 (2000): 373–380; G. ÁaRRIs aND J. ³ObERTs, “¶OcTORs’ ¹IEs TO ¶RUg MakERs ARE PUT ON CLOsE ÂIEw,” New York Times, MaRcH 21, 2007, aT A1. 35 SEE ´DITORs, “²OOkINg Back ON THE MILLENNIU¸ IN MEDIcINE.” 36. J. FIsHER, Medical Research for Hire: °e Political Economy of Pharmaceutical Clinical
Trials (µEw JERsEy: ³UTgERs ·NIVERsITy PREss, 2008); sEE ÁaRRIs aND ³ObERTs, “¶OcTORs’ ¹IEs TO ¶RUg MakERs.” 37 J. ´. PERRy, “PHysIcIaN-±wNED SpEcIaLTy ÁOspITaLs aND THE PaTIENT PROTEcTION aND AffORDabLE CaRE AcT: ÁEaLTH CaRE ³EfOR¸ aT THE ºNTERsEcTION Of ²aw aND ´THIcs,”
American Business Law Journal 49, NO. 2 (2012): 369–416.
citsiurtlA ylsuougibmA
(2013): E3(1)–(3), DOI:10.1056/µ´JMc1308015. 27 ±fficE fOR ÁU¸aN ³EsEaRcH PROTEcTIONs, Letter to the University of Alabama at Bir-
38 SEE gENERaLLy ². SHEpHERD aND M. F. ³ILEy, “ºN PLaIN SIgHT: A SOLUTION TO a FUNDa-
126
¸ENTaL CHaLLENgE IN ÁU¸aN ³EsEaRcH,” Journal of Law, Medicine, and Ethics 40, NO. 4 (2012): 970–989 (DIscUssINg THE pHysIcIaN-REsEaRcHER cONflIcT Of INTEREsT). 39 S. Á. JOHNsON, “FIVE ´asy PIEcEs: MOTIfs Of ÁEaLTH ²aw,” Health Matrix 14, NO. 1 (2004):
drehpehS sioL
131–140, aT 131. 40 JOHNsON, “FIVE ´asy PIEcEs.” 41 P. S. AppELbaU¸, ². Á. ³OTH, aND C. ²IDz, “°E °ERapEUTIc MIscONcEpTION: ºNfOR¸ED CONsENT IN PsycHIaTRIc ³EsEaRcH,” International Journal of Law and Psychiatry 5, NOs. 3 Í 4 (1982): 319–329, aT 321; C. W. ²IDz, P. S. AppELbaU¸, ¹. GRIssO, aND M. ³ENaUD, “°ERapEUTIc MIscONcEpTION aND THE AppREcIaTION Of ³Isks IN CLINIcaL ¹RIaLs,” Social
Science and Medicine 58, NO. 9 (2004): 1689–1697, 1691. 42 S. COOk, “CO¸¸ENTs aT ohr¿ PUbLIc MEETINg ON MaTTERs ³ELaTED TO PROTEcTION Of ÁU¸aN SUbjEcTs aND ³EsEaRcH CONsIDERINg STaNDaRD Of CaRE ºNTERVENTIONs” (AUgUsT 28, 2013),
=
VIDEO REcORDINg, HTTp://www.yOUTUbE.cO¸/pLayLIsT?LIsT P²R17´8KABz1Gc_NDT9gRGg80 _j´5G1³µC; TRaNscRIpT, HTTp://www.HHs.gOV/OHRp/NEwsROO¸/Rfc/PUbLIc%20MEET INg%20AUgUsT%2028,%202013/sUppORT-¸EETINgTRaNscRIpTfiNaL.HT¸L (accEssED ±cTObER 1, 2014). 43 S. COOk, “CO¸¸ENTs aT ohr¿ PUbLIc MEETINg.” SEE aLsO M. ÁOcHHaUsER, “‘°ERapEUTIc MIscONcEpTION’ aND ‘³EcRUITINg ¶OUbLEspEak’ IN THE ºNfOR¸ED CONsENT PROcEss,” ¿Àµ:
Ethics and Human Research 24, NO. 1 (2002): 11–12 (ExpLaININg HOw THE UbIqUITOUs “bRaND Na¸Es” Of cLINIcaL TRIaLs cONTRIbUTE TO a REsEaRcH sUbjEcT’s THERapEUTIc ¸IscONcEpTION). 44 “CLINIcaL ¹RIaL SUbjEcTs: ADEqUaTE ÕÔÝ PROTEcTIONs?” ÁEaRINg bEfORE THE CO¸¸ITTEE ON GOVERN¸ENT ³EfOR¸ aND ±VERsIgHT ÁOUsE Of ³EpREsENTaTIVEs, 105TH CONgREss (1998): 152–153, HTTp://www.gpO.gOV/fDsys/pkg/CÁ³G-105HHRg49827/pDf/CÁ³G -105HHRg49827.pDf (accEssED ±cTObER 10, 2014). 45 “FIREfigHTERs ²INE FUNERaL Of ¹yLER ¶OOHaN, 8, WHO ¶IED ¹RyINg TO SaVE Fa¸ILy fRO¸ FIRE,” ´µ± News, JaNUaRy 29, 2014, HTTp://www.cbsNEws.cO¸/NEws/8-yEaR-OLD-TyLER -DOOHaN - wHO - DIED - TRyINg -TO - saVE - fa¸ILy - fRO¸ - fIRE - gETs -a - fIREfIgHTERs - fUNERaL (accEssED ±cTObER 1, 2014). 46 A. ¶IER, µEwsER, “SURgEON WaLkED 6 MILEs IN ALa. STOR¸ TO Þß,” Á±Â Today , JaNUaRy 31, 2014, HTTp://www.UsaTODay.cO¸/sTORy/NEws/NaTION/2014/01/31/NEwsER-aLaba¸a -sNOwsTOR¸-sURgEON/5078179 (accEssED ±cTObER 1, 2014); M. GRIffO, “¶OcTOR WaLks 6 MILEs THROUgH SNOw STOR¸ TO PERfOR¸ ´¸ERgENcy BRaIN SURgERy,” Huffington Post , JaNUaRy 30, 2014, HTTp://www.HUffiNgTONpOsT.cO¸/2014/01/30/DR-zENkO-HRyNkIw-6 -¸ILEs-bRaIN-sURgERy_N_4697195.HT¸L (accEssED ±cTObER 1, 2014).
NecessARy ²ccessoR±es Nusheen Ameenuddin
My sTaRcHED wHITE cOaT HUNg ON a pLasTIc HaNgER sUspENDED fRO¸ a gRay sTEEL bOOksHELf. WORN ONLy ONcE, TwO yEaRs agO aT THE WHITE COaT CERE¸ONy, aN EVENT THaT wELcO¸ED fiRsT-yEaR sTUDENTs INTO THE pROfEssION Of ¸EDIcINE, THE cOaT wOULD NOw bE UsED IN a fUNcTIONaL capacITy fOR ¸y fiRsT cLINIcaL ExpERIENcE. °E REsT Of ¸y ENsE¸bLE HaD aLsO bEEN caREfULLy pREpaRED. My kHakI paNTs wERE NEaTLy pREssED. As º aD¸IRED THE¸, º RaN ¸y fiNgERs aLONg THEIR cRIsp cREasEs, wHIcH RaRELy gRacED ¸y DaILy wEaR. º LEſt ¸y LOOsE-fiTTINg, THIgH-LENgTH bLack aND bEIgE DREss sHIRT UNTUckED sO as NOT TO DEfiNE THE sHapE Of ¸y bODy. º TOOk ¸y wHITE cOaT Off ITs HaNgER aND pUT IT ON, TUggINg aT THE sTIff LapELs IN a VaIN EffORT TO ¸akE THE¸ LIE flaT. °E Na¸E Tag abOVE ¸y UppER LEſt pOckET REaD “µUsHEEN A¸EENUDDIN, STUDENT PHysIcIaN.” º baLaNcED ¸y HUNTER gREEN sTETHOscOpE aROUND ¸y NEck, LETTINg ITs wEIgHT Ta¸E THE INTRacTabLE LapELs aND aLLOwINg THE s¸aLL gOLDEN pIN E¸bOssED wITH THE I¸agE Of a HEaRT-sHapED sTETHOscOpE TO bE pROpERLy DIspLayED. °E pIN, a gIſt fRO¸ THE ¸EDIcaL scHOOL, sy¸bOLIzED cO¸passION IN ¸EDIcINE. º aDjUsTED ¸y HIjab, a sI¸pLE bLack cOTTON kNIT cLOTH THaT cOVERED ¸y HEaD aND NEck, aND TUckED sEVERaL sTRay wIsps Of HaIR UNDERNEaTH. BEfORE º LEſt THE ROO¸, º sTOppED fOR ONE LasT LOOk IN THE ¸IRROR TO ¸akE sURE EVERyTHINg was RIgHT. º saw a wO¸aN wHO aT LasT was abLE TO facE THE pUbLIc as bOTH a ¸EDIcaL pROfEssIONaL aND a cO¸¸ITTED MUsLI¸. BUT º wONDERED wHETHER OTHERs ¸IgHT fiND ¸y appEaRaNcE aN UNaccEpTabLE cONTRaDIcTION. WITHOUT ¸y EVER sayINg a wORD, ¸y wHITE cOaT sTaTEs wHaT º DO, wHILE ¸y HIjab sTaTEs wHO º a¸. ALTHOUgH º sLIppED INTO THE wHITE cOaT EasILy, IT HaD TakEN ¸E yEaRs TO wORk Up THE cOURagE TO wEaR a HIjab. ¶URINg ¸y jUNIOR yEaR
µUsHEEN A¸EENUDDIN, “µEcEssaRy AccEssORIEs,” fRO¸ What I Learned in Medical School:
Personal Stories of Young Doctors, ED. KEVIN ¹akakUwa, µIck ³UbasHkIN, aND KaREN ÁERzIg (BERkELEy: ·NIVERsITy Of CaLIfORNIa PREss, 2005), 63–69. ³EpRINTED by pER¸IssION Of ·NIVERsITy Of CaLIfORNIa PREss.
Of HIgH scHOOL, aſtER yEaRs Of waNTINg TO ExpREss ¸y RELIgION ¸ORE OpENLy, º
128
waRNED ¸y fRIENDs THaT º was cONTE¸pLaTINg DONNINg a HIjab wHEN º bEca¸E a sENIOR. WHEN º RETURNED TO scHOOL IN THE faLL wITHOUT IT, a CHRIsTIaN fRIEND
nidduneemA neehsuN
cHasTIsED ¸E fOR faILINg TO fOLLOw THROUgH wITH ¸y cO¸¸IT¸ENT TO ¸y faITH. FOR THE fiRsT fEw wEEks Of scHOOL THaT faLL, º RETaINED ¸y IDENTITy as a “NOR¸aL” HIgH scHOOL sTUDENT. º fELT UNpREpaRED TO DEaL wITH THE REacTIONs a HIjab wOULD pROVOkE. SO¸E ¸IgHT sEE IT as INTEREsTINg, EVEN ExOTIc, bUT º kNEw THE HIjab cONNOTED “fOREIgNNEss.” WEaRINg IT wOULD ¸akE ¸E sTaND OUT as DIffERENT—INTENTIONaLLy DIffERENT fRO¸ THE REsT Of A¸ERIcaN sOcIETy. º kNEw THaT ONcE º pUT IT ON º cOULD NO LONgER qUIETLy HIDE ºsLa¸ IN ¸y HEaRT aND cHOOsE TO REVEaL ¸y faITH ONLy wHEN aND TO wHO¸ º waNTED. ¹O THE OUTsIDE wORLD, ºsLa¸ wOULD bEcO¸E THE accEssORy º wORE ON ¸y HEaD, THE fiRsT aND OſtEN THE ONLy THINg pEOpLE wOULD sEE abOUT ¸E. º fiNaLLy DEcIDED TO wEaR THE HIjab aſtER º aTTENDED aN ºsLa¸Ic cONVENTION. °ERE, fOR aN ENTIRE wEEkEND, a¸ONg OTHER MUsLI¸s, º DID NOT NEED TO ExpLaIN sUcH THINgs as wHy º wORE LONg sLEEVEs aND sLacks IN THE ¸IDDLE Of sU¸¸ER (sO THaT º DID NOT ExpOsE ¸y skIN OR appEaR as a sEx ObjEcT IN pUbLIc) OR wHy º spENT LUNcH pERIODs IN THE LIbRaRy DURINg THE ¸ONTH Of ³a¸aDaN (as a qUIET saNcTUaRy, IT RE¸INDED ¸E Of ¸y cO¸¸IT¸ENT TO fasTINg aND pRayER). º DID NOT HaVE TO wORRy abOUT HOw TO INcORpORaTE THE fiVE DaILy pRayERs INTO ¸y ROUTINE. AT fiRsT, º fELT LIkE a HypOcRITE, pUTTINg ON a HIjab jUsT fOR THE cONVENTION bEcaUsE º kNEw THaT IT wOULD HELp ¸E TO fEEL ¸ORE a paRT Of THE gROUp. µO ONE wOULD DOUbT ¸y cO¸¸IT¸ENT TO ºsLa¸Ic bELIEfs aND pRacTIcEs. ºT sTRUck ¸E THaT THE wO¸EN aROUND ¸E wORE THEIR HIjabs sO cO¸fORTabLy. My fiRsT I¸pULsE was TO ask THE gIRLs ¸y agE If THEy REaLLy wORE HIjabs IN pUbLIc aND HOw THEy DEaLT wITH THE NEgaTIVE REacTIONs. °Is I¸pULsE DIED away as º spENT ¸ORE TI¸E OpENLy ackNOwLEDgINg ¸y faITH a¸ONg OTHERs wHO DID THE sa¸E. º NO LONgER fELT LIkE a HypOcRITE OR a cOwaRD. µOw º REsOLVED TO LIVE OpENLy as a MUsLI¸ aND wEaR ¸y HIjab IN THE LaRgER cO¸¸UNITy. º RETURNED TO scHOOL wEaRINg ¸y HIjab aND waITED TO sEE wHaT wOULD HappEN. °E sa¸E CHRIsTIaN fRIEND wHO HaD pREVIOUsLy cHasTIsED ¸E NOw flasHED ¸E a THU¸bs-Up. ANOTHER TOLD ¸E THaT sHE aD¸IRED ¸E fOR gOINg agaINsT THE NOR¸. ±NE fREsH¸aN bOy, wHO wORE a CONfEDERaTE flag ON HIs backpack, TEasED ¸E, caLLINg ¸E a “sHEET HEaD.” BUT by THE END Of THE yEaR, HE was cHaTTINg wITH ¸E abOUT a scIENcE pROjEcT. SO¸E pEOpLE askED ¸E abOUT THE HIjab’s sIgNIficaNcE, wHIcH gaVE ¸E THE OppORTUNITy TO sHaRE a paRT Of ¸ysELf. WHaT cONcERNED ¸E wERE THE pEOpLE wHO DID NOT ask aND wHO LIkELy DREw THEIR OwN cONcLUsIONs, accURaTE OR NOT, abOUT ºsLa¸ aND MUsLI¸ wO¸EN. ´VEN sO, º REasONED THaT º HaD ¸aDE IT THROUgH THE TOUgHEsT TI¸E
aND THaT, bEyOND HIgH scHOOL, pEOpLE wOULD bE EVEN ¸ORE OpEN, accEpTINg, aND EDUcaTED.
129
wORDs º HaD REaD IN THE QUR’aN ¸aNy TI¸Es Lay aT THE HEaRT Of wHaT DREw ¸E TO ¸EDIcINE: “¹RULy ¸y pRayER aND ¸y sERVIcE Of sacRIficE, ¸y LIfE aND ¸y DEaTH aRE aLL fOR ALLaH, THE CHERIsHER Of THE WORLDs” (QUR’aN 6:162). GROwINg Up, º was INTRODUcED TO ºsLa¸ as a pEacE-LOVINg, sERVIcE-ORIENTED way Of LIfE. FOR MUsLI¸s, EVERy gOOD DEED pERfOR¸ED wITH THE INTENTION Of pLEasINg GOD Is cONsIDERED wORsHIp, wHETHER IT Is ¸akINg a cHILD s¸ILE, sEEkINg kNOwLEDgE, OR jOININg THE NObLE pROfEssION Of ¸EDIcINE. ´NTERINg ¸EDIcaL scHOOL was ¸y way Of fULfiLLINg ¸y RELIgIOUs DUTy aND ¸akINg ¸y LIfE ON EaRTH cOUNT. ²IkE RELIgIOUs cLERIcs wHO DEVOTE THEIR LIVEs TO GOD bEcaUsE Of a caLLINg THEy fEEL DEEp IN THEIR sOULs, º fELT a pULL TOwaRD ¸EDIcINE aND cOULD NOT I¸agINE DOINg aNyTHINg ELsE. ºsLa¸ aLsO INflUENcED ¸y caREER pLaNs bEcaUsE MUsLI¸s (wHO fOLLOw THE Exa¸pLE Of THE PROpHET MUHa¸¸aD) aRE ExHORTED TO cORREcT INjUsTIcE. ºf wE caNNOT TakE acTION, wE ¸UsT OppOsE INjUsTIcE wITH spEEcH. ºf spEakINg OUT Is NOT pOssIbLE, THEN wE ¸UsT fEEL IT IN OUR HEaRTs. º bELIEVED THaT INaDEqUaTE HEaLTH caRE was aN INjUsTIcE THaT º cOULD HELp TO cORREcT as a pUbLIc HEaLTH pHysIcIaN. º was INspIRED by sTORIEs Of ¸y gRaNDfaTHER, wHO pRacTIcED ¸EDIcINE fOR DEcaDEs IN MysORE, ºNDIa. MOsT Of HIs paTIENTs HaD LITTLE ¸ONEy, yET HE NEVER TURNED aNyONE away fRO¸ THE cLINIc HE OpERaTED OUT Of HIs HO¸E. ºNsTEaD, HE wOULD accEpT THE OccasIONaL LIVE cHIckEN, a pORTION Of RIcE, OR NOTHINg aT aLL. ºN THE EVENINgs, HE wOULD cHEck ON ¸aNy Of HIs paTIENTs IN THEIR HO¸Es, OſtEN wITH ¸y faTHER OR ONE Of HIs fiVE bROTHERs IN TOw. FOR ¸y gRaNDfaTHER, ¸EDIcINE was a sERVIcE TO ALLaH THaT REqUIRED pERsONaL sacRIficE, aND º waNTED TO bE LIkE HI¸. º bELIEVED THaT ¸y cO¸¸IT¸ENTs TO ¸EDIcINE aND TO ºsLa¸ wERE INExTRIcabLy LINkED, bUT º wONDERED wHETHER wEaRINg ¸y HIjab wOULD caUsE OTHERs IN THE ¸EDIcaL cO¸¸UNITy TO sEE a cONTRaDIcTION. ºN cOLLEgE, º HaD THREE aDVIsERs, TwO Of wHO¸ waRNED THaT wEaRINg ¸y HIjab wOULD bE a pRObLE¸. °Ey aRgUED THaT gROwINg Up IN a UNIVERsITy TOwN HaD sHELTERED ¸E fRO¸ bIgOTRy aND THaT cITIzENs IN sO¸E aREas Of OUR RURaL sTaTE wERE UNaccEpTINg Of pEOpLE wHO DID NOT aTTEND THE LOcaL cHURcH. °Ey DIscOUNTED as NaïVE ¸y bELIEf THaT as LONg as º was cO¸fORTabLE wITH ¸ysELf, OTHERs wOULD accEpT ¸E as a pHysIcIaN IN THEIR cO¸¸UNITy. ºN facT, wHEN º was IN ¸EDIcaL scHOOL, ¸y HIjab DID aT TI¸Es OVERsHaDOw ¸y wHITE cOaT.
seirosseccA yrasseceN
As º bEca¸E ¸ORE cO¸fORTabLE wEaRINg THE HIjab ON a REgULaR basIs, º aLsO bEca¸E INcREasINgLy cO¸¸ITTED TO THE IDEa Of pRacTIcINg ¸EDIcINE. FOR ¸E,
±NcE, fOR Exa¸pLE, º waLkED INTO aN Exa¸ ROO¸ wITHOUT THE bENEfiT Of aN
130
INTRODUcTION fRO¸ ¸y sUpERVIsINg pHysIcIaN. WHEN sHE saw ¸E, ¸y paTIENT sTOppED IN ¸ID-sENTENcE. ÁER EyEs ¸OVED cONspIcUOUsLy fRO¸ ¸y HEaD TO
nidduneemA neehsuN
¸y fEET aND THEN fixaTED ON ¸y HEaD. SURpRIsED by HER REspONsE, º sTU¸bLED THROUgH ¸y INTRODUcTION aND assURED HER THaT º was, INDEED, IN THE RIgHT pLacE aND THaT º wOULD, wITH HER pER¸IssION, bE TakINg HER ¸EDIcaL HIsTORy. SHE ExcHaNgED a wORRIED LOOk wITH HER HUsbaND, aND ONLy aſtER sEVERaL ¸INUTEs Of s¸aLL TaLk DID sHE appEaR TO RELax. SHE was NOT THE fiRsT paTIENT, NOR wOULD sHE bE THE LasT, TO sO ObVIOUsLy ObjEcT TO ¸y appEaRaNcE. º REaLIzED THaT º wOULD HaVE TO wORk ¸UcH HaRDER THaN ¸y cLass¸aTEs TO pUT ¸y paTIENTs aT EasE, aND EVEN THEN º ¸IgHT NEVER gaIN THEIR TRUsT. My THIRD aDVIsER, IN cONTRasT, ENcOURagED ¸E TO pURsUE ¸y gOaL Of wORkINg IN a RURaL aREa, wHILE wEaRINg a HIjab. A pOLITIcaL scIENcE pROfEssOR ORIgINaLLy fRO¸ ºNDIa, sHE sUggEsTED THaT º TRy TO UsE ¸y DIffERENcE TO EsTabLIsH cONNEcTIONs wITHIN THE cO¸¸UNITy. ÁER INsTINcTs pROVED accURaTE IN ¸y ExpERIENcE wITH MRs. MayflOwER, a paTIENT º ¸ET wHILE º was aN UNDERgRaDUaTE sTUDENT VOLUNTEERINg aT a ¸EDIcaL cLINIc IN RURaL KaNsas. MRs. MayflOwER ca¸E INTO THE cLINIc aſtER a ¸INOR caR accIDENT. ·NDaUNTED by ¸y HIjab, sHE cHaTTED wITH ¸E abOUT HOw I¸pORTaNT IT was TO HER TO bE abLE TO DRIVE, IN ORDER TO ¸aINTaIN HER INDEpENDENcE aT THE agE Of NINETy- THREE. AT THE END Of HER VIsIT, sHE paTTED ¸E ON THE back aND wIsHED ¸E gOOD LUck IN ¸y caREER. BEcaUsE Of sUbsEqUENT ¸EDIcaL pRObLE¸s, MRs. MayflOwER ca¸E INTO THE cLINIc sEVERaL ¸ORE TI¸Es OVER THE NExT fEw wEEks. º LEaRNED THaT sHE was a LIfETI¸E REsIDENT Of THIs s¸aLL TOwN. ´VERy ¸ORNINg, sHE DROVE HERsELf aND THREE OTHER ELDERLy LaDIEs TO Mass aND THEN VOLUNTEERED as a DRIVER fOR MEaLs ON WHEELs. WHEN THE DOcTOR aTTE¸pTED TO DIssUaDE HER fRO¸ DRIVINg, sHE REsIsTED, TELLINg HI¸, “°OsE pEOpLE NEED THEIR ¸EaLs.” º ca¸E TO THE cLINIc ONE Day TO fiND THaT sHE HaD bEEN HOspITaLIzED wITH sEVERE INTERNaL bLEEDINg IN HER gasTROINTEsTINaL TRacT. º RUsHED TO HER HOspITaL ROO¸, wHERE º waTcHED fRO¸ a cORNER as THE DOcTOR aND NURsEs wORkED ON HER. A pRIEsT pERfOR¸ED LasT RITEs wHILE MRs. MayflOwER’s sON sU¸¸ONED THE REsT Of THE fa¸ILy. º waITED fOR a bREak IN THE acTIVITy bEfORE appROacHINg HER bED. º LEaNED TOwaRD HER aND wHIspERED HER Na¸E. SHE TURNED TOwaRD ¸E aND HER ¸OUTH OpENED, bUT NO sOUND ca¸E OUT. º s¸ILED aT HER, HOpINg sHE wOULD REspOND, bUT HER HEaD ROLLED back ON THE pILLOw aND HER EyEs cLOsED. ÁER sHaLLOw bREaTHs pRODUcED baRELy a HINT Of sTEa¸ IN HER OxygEN ¸ask. ÁER sHORT wHITE HaIR was UNkE¸pT. ÁER HEaD TILTED back; HER facE HELD NO TRacE Of ExpREssION.
SHE RE¸INDED ¸E Of THE OTHER ELDERLy paTIENTs º HaD sEEN IN THE HOspITaL, HO¸OgENEOUs, Na¸ELEss. º was fRIgHTENED. BUT wHEN MRs. MayflOwER’s DaUgHTER
131
aLL abOUT yOU,” sHE saID. STaNDINg IN HER ROO¸ wITH HER fa¸ILy, as º waTcHED wHaT º bELIEVED wERE HER LasT ¸O¸ENTs, º bEgaN a sILENT pRayER fOR MRs. MayflOwER. º REcITED VERsEs fRO¸ THE QUR’aN, aND º ¸aDE a sUppLIcaTION, a du’a, askINg GOD fOR HELp. BUT º LEſt THaT NIgHT ExpEcTINg THaT sHE wOULD pass away by ¸ORNINg. °E NExT Day, HER DOcTOR TOLD ¸E THaT THE bLEEDINg HaD sTOppED aND THaT MRs. MayflOwER wOULD LIVE. º fOUND HER IN HER ROO¸, sITTINg Up IN bED EaTINg LUNcH. ¹RacEs Of DRIED bLOOD LINED HER LEſt NOsTRIL, wHERE a pLasTIc TUbE HaD bEEN THE NIgHT bEfORE. °E paLE, E¸pTy ExpREssION sHE HaD wORN THE pREVIOUs Day was gONE. µOw HER ¸OUTH was sET IN a fiR¸ LINE as sHE assERTED THaT THE sURgEON HaD NO RIgHT TO cHaRgE HER fOR pROcEDUREs THaT sHE HaD NOT REqUEsTED. SHE HaD NOT LOsT HER sENsE Of HU¸OR. º s¸ILED aND TOOk HER HaND. “YOU gaVE Us qUITE a scaRE,” º TOLD HER. “WELL, º THOUgHT º was gOINg ON a TRIp.” SHE paUsED. “YOU pRayED fOR ¸E, DIDN’T yOU?” º NODDED. SHE kNEw THaT º HaD RE¸E¸bERED HER aND THaT, DEspITE OUR DIffERENT RELIgIONs, wE TURNED TO THE sa¸E GOD, THE ±NE CREaTOR. SHE bEckONED ¸E TO LEaN IN cLOsER. PLacINg bOTH HaNDs ON ¸y facE, sHE DREw ¸E IN aND kIssED ¸E ON THE cHEEk. “YOU wILL bE a gOOD DOcTOR,” sHE saID. WEaRINg a wHITE cOaT pRODUcEs a cURIOUs pHENO¸ENON. ±THER pEOpLE sEE¸ TO REcOgNIzE ¸E IN a DIffERENT way. AſtER THE WHITE COaT CERE¸ONy, as º was gIVINg ¸y paRENTs a TOUR Of THE ca¸pUs, a sENIOR ¸EDIcaL sTUDENT DREssED IN gREEN scRUbs saw Us fRO¸ DOwN THE HaLLway. ÁE s¸ILED aT ¸E, aND HIs EyEs HELD ¸INE fOR a fEw ¸O¸ENTs bEfORE HE OffERED a NOD Of ackNOwLEDg¸ENT. °E ¸E¸ORy Of HIs gEsTURE sTayED wITH ¸E bEcaUsE º a¸ NOT UsED TO HaVINg pEOpLE accEpT ¸E sO qUIckLy, HIjab aND aLL. My wHITE cOaT aLLOws ¸E TO bE INsTaNTLy REcOgNIzED as a ¸E¸bER Of ONE Of THE ¸OsT ELITE sOcIETIEs IN A¸ERIca. º kNOw THaT THROUgHOUT ¸y ¸EDIcaL caREER THE sI¸pLE appROVaL º gET by wEaRINg ¸y wHITE cOaT wILL cONTRasT wITH REacTIONs TO ¸y HIjab, wHIcH caN bE DEEpER aND ¸ORE cO¸pLIcaTED, wHETHER THEy aRE pOsITIVE, as wITH MRs. MayflOwER, OR NEgaTIVE, as wITH sO¸E OTHER paTIENTs º’VE sEEN. AND ¸aybE THIs Is HOw IT sHOULD bE, bEcaUsE wHILE THE wHITE cOaT Is jUsT ¸y UNIfOR¸, THE HIjab REpREsENTs ¸y UNDERLyINg REasONs fOR pUTTINg IT ON.
seirosseccA yrasseceN
aRRIVED, sHE gREETED ¸E waR¸Ly, THOUgH wE HaD NEVER ¸ET. “MOTHER TOLD Us
´he CR±T±cAl µocAT±on of The EssAy Barry F. Saunders
WHy sHOULD sTUDENTs Of ¸EDIcINE wRITE Essays? °Is Is a gOOD qUEsTION—aND IT bEcO¸Es ¸ORE URgENT as Essays sERVE ExpaNDINg ROLEs IN ¸EDIcaL “pROfEssIONaLIs¸” cURRIcULa. PROfEssIONaLIs¸ TENDs TO E¸pHasIzE sTUDENTs’ pROpER bEHaVIOR aND pHasED accO¸¸ODaTION TO cLIENT-sERVIcE REspONsIbILITIEs. ºN sO¸E ¸EDIcaL scHOOLs, sTUDENTs aRE bEINg askED TO DOcU¸ENT THEIR NOR¸aTIVE DEVELOp¸ENT IN pORTfOLIOs Of “Essays” REVIEwED by facULTy. ´ssayINg Is ¸ORE THaN wRITINg NONficTION wITHIN paRTIcULaR LENgTH paRa¸ETERs. FOR MONTaIgNE, sIxTEENTH-cENTURy ORIgINaTOR Of THE gENRE, THE Essay Is abOUT TRyINg, fRO¸ essayer—cOgNaTE wITH assay—sO aLsO, wEIgHINg, TEsTINg, bEINg pUT TO TEsTs. MEDIcaL sTUDENTs aRE fa¸ILIaR wITH TEsTs, bUT LaRgELy as ¸EaNs TO aN END: kNOwLEDgE, OR “cO¸pETENcE.” ´ssays, aT THEIR bEsT, aRE abOUT sO¸ETHINg ELsE. ´ssays THaT ENTIcED ¸E INTO ¸EDIcINE INcLUDED pHysIcIaN ²EwIs °O¸as’s, fRO¸ THE New England Journal of Medicine , cOLLEcTED IN °e Lives of a Cell . °ERE was a ¸E¸ORabLE ¸EDITaTION ON ENDOsy¸bIOsIs: °O¸as fRETTED THaT HIs ¸ITOcHONDRIa wERE aLIEN LIfE fOR¸s, aND THaT THEy ¸IgHT bE RUNNINg THE sHOw— his sHOw. STRaNgERs, cO¸pRIsINg ¸aybE HaLf HIs DRy wEIgHT, ¸OckINg HIs pREsU¸pTION Of sELf-IDENTITy—“OpERaTINg a cO¸pLEx sysTE¸ Of NUcLEI, ¸IcROTUbULEs, aND NEURONs fOR THE pLEasURE aND sUsTENaNcE Of THEIR fa¸ILIEs, aND RUNNINg, aT THE ¸O¸ENT, a TypEwRITER.”à WHaT a ¸aRVELOUs INVERsION Of aNTHROpOcENTRIs¸—aND Of cO¸pETENcE! MONTaIgNE’s Essays wERE wRITTEN IN THE fiRsT pERsON, aLways ENfOLDINg pERsONaL ExpERIENcE—DIsTINgUIsHINg THE Essay gENRE fRO¸ THE “cO¸pENDIU¸ Of aDagEs.” Ä °Ey wERE wRITTEN IN FRENcH RaTHER THaN ²aTIN, REacHINg acROss cLass HIERaRcHIEs. °EIR cO¸pOsITION was UNsysTE¸aTIc. °Ey ENDORsED
BaRRy F. SaUNDERs, “°E CRITIcaL ÂOcaTION Of THE ´ssay—´VEN IN PROfEssIONaL ¶EVELOp¸ENT,” fRO¸
Atrium: °e Report of the Northwestern Medical Humanities and Bioethics Program 11 (2013): 1–4. ³EpRINTED by pER¸IssION Of THE pUbLIsHER.
INqUIRy OVER kNOwINg. AND THEy wERE cONsTaNTLy UNDER REVIsION. ³EVIsION aND cHaNgE wERE paRT Of MONTaIgNE’s cONcEpT Of sELf: TO Essay was TO TEsT
133
¸ERELy sELf: THE Essay sTagED a conversation —wITH a RaNgE Of cLassIcaL INTERLOcUTORs ON HIs LIbRaRy sHELVEs, EspEcIaLLy THE STOIcs, wITH HIs LOsT fRIEND La BOETIE, wITH DEaTH. MONTaIgNE’s LOw OpINION Of pHysIcIaNs—“THEIR DOg¸as aND ¸agIsTERIaL fROwNs” Æ—Is fa¸OUs. MEDIcaL sTUDENTs ¸ay RaTIONaLIzE THIs as a fUNcTION Of THE saD sTaTE Of ¸EDIcaL kNOwLEDgE IN THE EaRLy ¸ODERN pERIOD, bUT wE DO wELL TO cONsIDER HIs INDIcT¸ENTs Of THERapEUTIc pREsU¸pTION aND IaTROgENIc ILLNEss IN OUR HIsTORIcaL ¸O¸ENT as wELL. MONTaIgNE was DEEpLy skEpTIcaL abOUT THERapEUTIc INTERVENTION wRIT LaRgE, abOUT ITs INEVITabLE INTERfERENcE IN ExpERIENcEs Of cHaNgE, sUffERINg, aND DyINg. “¹O pHILOsOpHIzE,” MONTaIgNE ObsERVED (aſtER CIcERO aND SOcRaTEs), “Is TO LEaRN TO DIE.” Î BUT bOTH aRE DIfficULT cO¸¸IT¸ENTs TO INcORpORaTE INTO TODay’s pOTENT INsTITUTIONaL ETHOs Of: NOT ON my sHIſt! ºN aNy casE, THE bIRTH Of THE Essay I¸pLIcaTEs sO¸E Of THE ¸OsT pOTENT cRITIqUE Of THE ¸EDIcaL ENTERpRIsE EVER wRITTEN. SINcE MONTaIgNE, THROUgHOUT ¸ODERNITy, THE Essay Has RENOUNcED sTRaITs aND RIgORs Of DIscIpLINaRy gENREs—EscHEwINg sysTE¸aTIcITy, OR pRETENsIONs TO cU¸ULaTIVE cERTaINTy.Ï °E Essay’s THINkINg E¸ERgEs fRO¸ paRTIcULaRs RaTHER THaN gENERaLITIEs.Ð µOR Is THERE NEcEssaRILy a NaRRaTIVE aRc OR telos: as cULTURaL cRITIc °EODOR ADORNO NOTED, IN THE “fORcE fiELD” Of THE Essay, “[T]HROUgH THEIR OwN ¸OVE¸ENT THE ELE¸ENTs cRysTaLLIzE INTO a cONfigURaTION.”Ñ ²ITERaRy HIsTORIaN GEORg ²Ukács caLLED THE Essay “TOO . . . INDEpENDENT fOR DEDIcaTED sERVIcE.”Ò ADORNO was ¸ORE E¸pHaTIc: “THE Law Of THE INNER¸OsT fOR¸ Of THE Essay Is heresy. By [ITs] TRaNsgREssINg THE ORTHODOxy Of THOUgHT, sO¸ETHINg bEcO¸Es VIsIbLE IN THE ObjEcT wHIcH IT Is ORTHODOxy’s sEcRET pURpOsE TO kEEp INVIsIbLE.” × °E “fOR¸” Of THE Essay fOR ADORNO Is aN UNExpEcTED cONsTELLaTION a¸ONg ObjEcTs aND cONcEpTs THaT EscapEs pROTOcOL, REsIsTs DOg¸a, DRaws back VEILs ON REcEIVED wIsDO¸. WHy sHOULD THE Essay’s REsIsTaNcE TO pROTOcOL bE Of cONcERN fOR TRaINERs OR TRaINEEs IN ¸EDIcINE? °E HOspITaL, sEaT Of sO ¸UcH ¸EDIcaL TRaININg, Is NOT ¸ERELy a pLacE wITH a fEw pROTOcOLs. ºN sOcIOLOgIsT ´RVINg GOff¸aN’s cO¸paRaTIVE aNaLysIs, HOspITaLs aRE—aLONg wITH pRIsONs, ¸ONasTERIEs, aND bOOTca¸ps—ExE¸pLaRs Of “TOTaL INsTITUTIONs.”ÃØ WHEN GOff¸aN cOINED THIs TER¸ IN THE 1950s, TOTaL REsONaTED wITH “TOTaLITaRIaN.” ¹OTaL INsTITUTIONs DIcTaTE ways Of THINkINg aND bEHaVINg: aLL INHabITaNTs HaVE assIgNED ROLEs, aND aLL THEIR NEEDs aRE sUppLIED. MEDIcaL pROfEssIONaLs aND TRaINEEs aRE a¸ONg THEsE INHabITaNTs. “ºN ¸OsT TOTaL INsTITUTIONs . . . ¸OsT IN¸aTEs TakE THE Tack
y a s s E e h t f o n o i t a c o V l a c i t i r C e h T
HI¸sELf, ENgagE IN DIaLOgUE wITH HI¸sELf, ENcOUNTER HI¸sELf in flux. AND NOT
Of wHaT THEy caLL pLayINg IT cOOL. °Is INVOLVEs a sO¸EwHaT OppORTUNIsTIc
134
cO¸bINaTION Of sEcONDaRy aDjUsT¸ENTs, cONVERsION, cOLONIzaTION aND LOyaLTy TO THE IN¸aTE gROUp, sO THaT . . . THE IN¸aTE wILL HaVE a ¸axI¸U¸ cHaNcE Of
s r e d n u a S .F y r r a B
EVENTUaLLy gETTINg OUT pHysIcaLLy aND psycHIcaLLy UNDa¸agED.” ÃÃ FORTUNaTELy, GOff¸aN aRTIcULaTED (ELsEwHERE) aNOTHER capacITy fOR INDIVIDUaLs fUNcTIONINg IN ORgaNIzaTIONs: “ROLE DIsTaNcE.” °Is Na¸Es THE abILITy wE aLL HaVE TO REsIsT bEINg fULLy cO-OpTED by OUR ROLEs. ³OLE DIsTaNcE Is wHaT aN EIgHT-yEaR-OLD DIscOVERs ON THE ¸ERRy-gO-ROUND wHEN sHE affEcTs sTaNDOffisHNEss abOUT HER RIDE, fEELINg a LITTLE TOO OLD TO be a pRINcEss cLINgINg TO HER LOyaL HORsE IN qUITE THE ENTHUsIasTIc way a fOUR-yEaR-OLD DOEs. ºN GOff¸aN’s TER¸s, TO ExERcIsE ROLE DIsTaNcE, aT wHaTEVER sTagE IN LIfE, Is TO LOOk aT ONE’s assIgNED ROLE cRITIcaLLy, skEpTIcaLLy. ´VEN, fOR a ¸O¸ENT, with disdain.ÃÄ SO ROLE DIsTaNcINg Is a REflExIVE ExERcIsE, a fOR¸ Of sELf-Exa¸INaTION aND REsIsTaNcE. ¹O THINk cRITIcaLLy abOUT ONE’s ROLE DOEs NOT REqUIRE aTTRIbUTION Of ¸aLEVOLENcE TO THE pOwERs REsIsTED—THOUgH THaT caN bE HELpfUL IN TOTaL INsTITUTIONs. ºT caN sI¸pLy bE a HEURIsTIc DEVIcE, a cLaI¸INg Of flExIbILITy aND I¸agINaTIVE fREEDO¸. °ERE Is NO INDEx OR ¸ETRIc Of cO-OpTaTION THaT caLLs IT Up. CLaI¸INg sUcH DIsTaNcE ¸IgHT HINgE ON sENsINg a kIND Of DaNgER—pERHaps EspEcIaLLy THE DaNgER Of ENTHUsIas¸s Of cONVIcTION. °INkINg cRITIcaLLy: wHaT DOEs THIs REaLLy ¸EaN? POLITIcaL pHILOsOpHER JUDITH BUTLER Has wRITTEN a LOVELy Essay ON cRITIqUE, TRacINg sO¸E Of ITs cONcEpTUaL gENEaLOgIEs. BUTLER cITEs cULTURaL HIsTORIaN ³ay¸OND WILLIa¸s TO cLaRIfy THaT cRITIqUE Is NOT, as Is pOpULaRLy assU¸ED, ¸ERE faULT-fiNDINg, aND NOT a swIſt RUsH TO jUDg¸ENT: RaTHER, IT ENTaILs sUspENsION Of jUDg¸ENT.ÃÆ SHE cITEs ADORNO IN cLaRIfyINg THaT cRITIqUE Is a ¸ODE Of ENgagE¸ENT wITH partic-
ulars—sO, aLways sITUaTED, NEVER aN absTRacT pOsITION. CRITIqUE Is a practice. YET as pRacTIcE, cRITIqUE Is NOT fOcUsED sOLELy ON THE ObjEcT Of cRITIcIs¸ (NOR ¸ERE ExHIbITION Of THE cRITIc’s ExpERTIsE). FOR BUTLER, cRITIqUE Is, aT ITs cORE, a qUEsTIONINg Of THE VERy caTEgORIEs THaT ENabLE ITs OwN pRacTIcE.ÃÎ °Is bRINgs BUTLER TO a REpRIsE Of pHILOsOpHER MIcHEL FOUcaULT’s Essay “WHaT ºs CRITIqUE?,” aND wHaT HE REfERs TO as “cRITIcaL aTTITUDE.” °ERE aRE TwO fEaTUREs Of THIs cRITIcaL aTTITUDE TO ¸ENTION HERE. ±NE Is ITs RELaTION TO ¸ODaLITIEs Of government: cRITIcaL aTTITUDE Na¸Es a DIspOsITION TO ask “HOw not TO bE gOVERNED”—NOT TO bE aN aNaRcHIsT, TO RENDER ONEsELf RaDIcaLLy UNgOVERNabLE, bUT TO ask a ¸ORE sITUaTED aND ENgagED qUEsTION: “ÁOw NOT TO bE gOVERNED like that, by THaT, IN THE Na¸E Of THOsE pRINcIpLEs, wITH sUcH aND sUcH aN ObjEcTIVE IN ¸IND aND by ¸EaNs Of sUcH pROcEDUREs, NOT LIkE THaT, NOT fOR THaT, NOT by THE¸.” ÃÏ °E sEcOND fEaTURE Is FOUcaULT’s assI¸ILaTION Of THIs cRITIcaL aTTITUDE TO virtue. °Is Is sO¸ETHINg Of aN ENIg¸aTIc
cLaI¸. FOUcaULT LINks THIs VIRTUE TO ¸ODaLITIEs Of sELf-kNOwINg aND sELf- sTyLINg EspEcIaLLy appaRENT IN ³EfOR¸aTION REsIsTaNcEs TO CHURcHLy DOg¸a
135
gIVEs HI¸sELf THE RIgHT TO qUEsTION TRUTH ON ITs EffEcTs Of pOwER aND TO qUEsTION pOwER ON ITs DIscOURsEs Of TRUTH.”ÃÐ FOUcaULT aLsO LINks THIs VIRTUE TO THE
courage figURED IN THE ´NLIgHTEN¸ENT ¸OTTO Of pHILOsOpHER º¸¸aNUEL KaNT, “DaRE TO kNOw”—wHIcH ENTaILED INqUIRy INTO THE cONDITIONs Of kNOwINg, THE LI¸ITs Of kNOwINg. ºN THE kNOwLEDgE REgI¸Es Of ¸EDIcINE, sUcH INqUIRy TakEs cOURagE INDEED! FOUcaULT’s Essay ON cRITIqUE REflEcTED ON KaNT’s fa¸OUs Essay “WHaT ºs ´NLIgHTEN¸ENT?” ÃÑ ´NLIgHTEN¸ENT Is, IN KaNT’s fOR¸ULaTION, a pEOpLE’s EscapE fRO¸ TUTELagE TOwaRD fREE ExERcIsE Of REasON. °Is was a¸ONg OTHER THINgs a cLaI¸ abOUT LITERaTE pERsONs’ pRIVILEgE, aND REspONsIbILITy, TO THINk IN pUbLIc. °E fUNcTIONaRy THINkINg ON bEHaLf Of aN E¸pLOyER OR aD¸INIsTRaTOR Is ENgagED IN a “pRIVaTE” UsE Of REasON, aND THEREIN ObLIgED TO ObEy THE RULEs. BUT IN OUR “scHOLaRLy” VOcaTION—as wRITERs aDDREssINg a cOs¸OpOLITaN REaDERsHIp IN jOURNaLIsTIc wRITINg OR IN acaDE¸Ic jOURNaLs—wE ¸ay ENgagE IN pUbLIc ExERcIsE Of REasON, wHIcH ¸UsT bE fREE TO qUEsTION, TO ObjEcT, TO pROpOsE I¸pROVE¸ENTs. ÃÒ ±f NOTE, fOR KaNT, “pUbLIc” DID NOT I¸pLy THE sTaTE. °E sTaTE Is ONE Of THE sOVEREIgN pOwERs THaT pROVIDE pEOpLE wITH OfficEs aND OfficIaL DUTIEs. ºN THE ·NIVERsITy Of KaNT’s Day, THE “HIgHER” FacULTIEs—Of ¸EDIcINE, Law, aND THEOLOgy—wERE cONsTRaINED IN THEIR ExERcIsE Of REasON by agENDas Of sTaTE, ¸ONaRcH, aND cHURcH. ±NLy THE “LOwER,” “pHILOsOpHIcaL” FacULTy was IN KaNT’s VIEw abLE TO ExERcIsE fREEDO¸ Of THOUgHT, TO THINk IN aND wITH a
public —INDEED, sO¸ETI¸Es abOUT HOw NOT TO bE gOVERNED—UNfETTERED by ExTERNaL aUTHORITIEs aND by THE ENTIcE¸ENTs Of THOUgHT’s pRIVaTE UsEs.Ã× MEDIcINE TODay RE¸aINs aN INsTITUTION Of TUTELagE, bOUND TO INsTRU¸ENTaL UTILITIEs Of THE sTaTE, DEEpLy INfOR¸ED by DOg¸as aND by pRIEsTLy aUTHORITy. SO HOw caN ¸EDIcaL TRaININg cO¸pORT wITH KaNT’s sENsE Of pUbLIc fREEDO¸? °Is Is DIfficULT. ¶OcTORs, LIkE aLL pROfEssIONaLs, aRE gRaNTED ¸ONOpOLy OVER THEIR LEaRNED pRacTIcE by THE sTaTE, ON cONDITION THaT THEy sERVE sOcIaL gOODs. PHysIcIaNs aND pHysIcIaN-scIENTIsTs sEEk, INDEED cO¸pETE fOR, sTaTE aND pRINcELy fUNDINg. ´NTIcE¸ENTs aND fETTERs THaT caN EasILy pRIVaTIzE, IN THE KaNTIaN sENsE, THE cRITIcaL ExERcIsE Of REasON. FOUcaULT’s E¸pHasIs ON qUEsTIONINg THE cONDITIONs Of OUR kNOwINg EcHOEs KaNT bUT Is aLsO aNI¸aTED by THE RaTHER ¸ORE µIETzscHEaN pROjEcT Of DaRINg TO kNOw OTHERwIsE. °ERE Is a RaDIcaL E¸bRacE Of UNcERTaINTy aND Of E¸ERgENcE HERE. ÁOw TO pUT THIs INTO pRacTIcE IN THE pOwERfUL kNOwLEDgE REgI¸Es Of ¸EDIcINE aND ¸EDIcaL TRaININg? °Is RETURNs Us TO EssayINg.
y a s s E e h t f o n o i t a c o V l a c i t i r C e h T
aND ¸ONasTIc DIscIpLINE. “CRITIqUE Is THE ¸OVE¸ENT by wHIcH THE sUbjEcT
´ssayINg Is a fa¸ILIaR pRacTIcE IN HU¸aNITIEs, IN qUaLITaTIVE sOcIaL scIENcEs,
136
IN “HU¸aN scIENcEs.” YET HOw DOEs THE Essay fiT INTO TEacHINg agENDas IN ¸EDIcaL scHOOLs, INTO TRaININg REgI¸Es sEEkINg cO¸pLIaNcE wITH NOR¸s Of
s r e d n u a S .F y r r a B
bEHaVIOR aND cO¸pETENcE? CaN EssayINg IN ¸EDIcaL TRaININg bE a VEHIcLE fOR, OR ExTENsION Of, ExpERIENcEs Of ROLE DIsTaNcE? FORTUITOUsLy, ONE Of THE “cO¸pETENcIEs” ¸EDIcaL scHOOLs HaVE bEgUN TO sEEk Is “cRITIcaL THINkINg.” YET THERE IsN’T ¸UcH agREE¸ENT abOUT wHaT THIs ¸EaNs. SO¸E Of IT Is abOUT skILLs Of EVIDENcE-basED pRacTIcE—¸asTERy Of pROTOcOLs fOR DIsTINgUIsHINg gOOD fRO¸ baD EVIDENcE. ¹OO LITTLE Of IT Is abOUT qUEsTIONINg HOw EVIDENcE aND kNOwLEDgE aRE HIsTORIcaLLy cONDITIONED, NETwORkED, aND pRODUcED IN agONIsTIc fiELDs—“qUEsTIONINg Of pOwER ON ITs DIscOURsEs Of TRUTH.” AND THERE Is EVEN LEss agREE¸ENT abOUT HOw cRITIcaL THINkINg sHOULD bE TaUgHT. PERspEcTIVEs aND ¸ETHODs fRO¸ HU¸aNITIEs aND sOcIaL scIENcE DIscIpLINEs—KaNT’s “LOwER” FacULTIEs—sEE¸ NEcEssaRy. FORTUNaTELy, THEy DO fiND sERVIcE IN ¸aNy ¸EDIcaL scHOOLs. ÂaRIOUs cOLLEagUEs aND º sO¸ETI¸Es cONDUcT sE¸INaRs wITH ¸EDIcaL sTUDENTs TOgETHER wITH gRaDUaTE sTUDENTs fRO¸ OTHER DIscIpLINEs. m¼2s aND gRaDUaTE sTUDENTs fRO¸ fiELDs sUcH as LITERaTURE, aNTHROpOLOgy, aND RELIgIOUs sTUDIEs, aND OccasIONaLLy EVEN OTHER pROfEssIONaL scHOOLs (Law, EDUcaTION, sOcIaL wORk), gaTHER aT THE sa¸E TabLE fOR a sE¸EsTER. AspIRaNTs TO “HIgHER” FacULTIEs aLONgsIDE THOsE TO “LOwER.” °EsE sE¸INaRs aRE cHaLLENgINg, bUT THEy OſtEN gO RE¸aRkabLy wELL aND aRE THE ¸OsT fUN º HaVE as a TEacHER. ¹O fiND sHaRabLE LaNgUagE—cRUcIaL fOR a REaDINg “pUbLIc”—sTUDENTs ¸UsT ExpLaIN LONg wORDs aND spEcIaL cONcEpTs TO EacH OTHER. ¶IscUssIONs bEaR a ¸Ix Of skEpTIcIs¸s, pRag¸aTIs¸s, DIscIpLINaRy fRIcTIONs, aND TRaNsLaTIONs. °E REaDINgs cOLLaTED IN a syLLabUs aRE, aT THE OUTsET Of a sE¸INaR, a kIND Of cONNEcT- THE-DOT pUzzLE wHOsE cONTOURs ONLy bEcO¸E cLEaR IN THE fORcE-fiELD Of THE cROss-DIscIpLINaRy sE¸INaR TabLE. ²IkE aN Essay. ºN THEsE aND ¸OsT OTHER HU¸aNITIEs aND sOcIaL scIENcE cLassEs IN OUR ¸EDIcaL scHOOL—aND IN ¸aNy ¸EDIcaL scHOOLs—sTUDENTs aLsO wRITE Essays. µOT TREaTIsEs, NOT LIsTs, NOT TRUE/faLsE cHOIcEs, NOT caUsaL cHaINs, NOT TabLEs Of sTaTIsTIcaL cORRELaTION: Essays. ApaRT fRO¸ THINkINg OUT LOUD IN cONVERsaTION, Essays ¸ay bE THE bEsT way fOR sTUDENTs TO DE¸ONsTRaTE THEIR capacITIEs TO cO¸bINE aND cO¸paRE cONcEpTs, TO wEIgH sOURcEs IN TER¸s Of gENRE, RIgOR, aND pERsUasIVENEss; TO gENERaTE INTERpRETaTIONs, fRIcTIONs, aND syNTHEsEs; TO RELaTE paRTIcULaRs TO gENERaLITIEs; TO E¸bRacE UNcERTaINTy; TO qUaLIfy agREE¸ENT OR DIsagREE¸ENT; TO THINk REflExIVELy. FacULTy ¸E¸bERs wHO REaD THEsE Essays aRE LIsTENINg HaRD fOR fOR¸s Of cRITIcaL ENgagE¸ENT. SO¸E sTUDENTs HaTE wRITINg Essays, Of cOURsE. SO¸E sTUDENTs yEaRN fOR THE cO¸fORTs Of a
¸ULTIpLE-cHOIcE Exa¸—IN sERVIcE Of pOsITIVE kNOwLEDgE. SO¸E DE¸aND TO kNOw jUsT HOw EssayINg wILL ¸akE THE¸ bETTER DOcTORs.
137
caL sTUDENTs. °Is Is HappENINg aT ¸aNy INsTITUTIONs. SHORT Essay assIgN¸ENTs cROp Up IN cLERksHIps, UNDER THE sIgN Of “pROfEssIONaLIs¸” EspEcIaLLy—a qUaLITy THaT cLERksHIp DIREcTORs aRE aT paINs TO DE¸ONsTRaTE THaT THEy caN bOTH TEacH aND EVaLUaTE. ºN sO¸E pLacEs THEsE “Essays” aRE as bRIEf as a cOUpLE Of paRagRapHs—a NapkIN-scRawL. AND ¸aNy aRE REaD RaTHER gLaNcINgLy, pERfUNcTORILy: HOw ¸aNy cLINIcaL facULTy ¸E¸bERs aRE TRaINED TO REaD sTUDENT wRITINg cLOsELy aND pROVIDE sUbsTaNTIVE cO¸¸ENTaRy? SO¸E Of THEsE Essays wIND Up fOLDED INTO pROfEssIONaLIs¸ pORTfOLIOs, as ¸aRkERs Of NOR¸aTIVE pROfEssIONaL DEVELOp¸ENT. ºT Is HaRD TO I¸agINE THEsE cONDITIONs aRE LIkELy TO fOsTER THE fREEDO¸s THaT aRE THE Essay’s HIsTORIcaL pROVINcE. ´ssays Of pROfEssIONaL DEVELOp¸ENT aRE aT HIgH RIsk Of bEINg pREssED INTO THE sERVIcE Of “pRIVaTE” THINkINg, UNDER THE REsTRIcTED TUTELagE Of THE “HIgHER” FacULTy Of ¸EDIcINE aND ITs EVaLUaTION-bUREaUcRacy—NOT THE fOsTERINg Of ROLE DIsTaNcE, NOT cONTRIbUTIONs TO a ¸ORE cOs¸OpOLITaN aND “pUbLIc” spHERE Of cRITIqUE. ºf ¸EDIcaL sTUDENTs aRE TO LEaRN TO THINk cRITIcaLLy—aND “pROfEssIONaLIs¸” TO INcLUDE THE sENsE Of aN Exa¸INED LIfE—wE ¸ay NEED TO RETURN TO EssayINg IN THE sHaDOw Of MONTaIgNE’s sUspIcIONs Of pROfEssIONaL aUTHORITy aND HIs DIscOVERy Of sELàOOD IN wIDER cONVERsaTION. ÁOw caN ¸EDIcaL TRaINEEs fEEL sUppORTED IN ExpREssINg cONcERNs abOUT THE pROfEssION ITsELf, THE cULTUREs IN wHIcH IT OpERaTEs, OR THE pOwERs, LI¸ITs, aND RIsks Of ITs ways Of kNOwINg? SO¸E ¸EDIcaL scHOOLs HaVE cLOsE RELaTIONs wITH THEIR paRENT UNIVERsITIEs: pERHaps wE caN ¸akE bETTER UsE Of THEsE.ÄØ PERHaps wE cOULD REcRUIT REaDERs Of “pROfEssIONaLIs¸” Essays fRO¸ OTHER, NON-¸EDIcaL DIscIpLINEs—OR EVEN fRO¸ ¸EDIcINE’s cLIENTELE, ITs LaITy. PERHaps wE cOULD ExpaND THE TRaININg OffERED IN sO¸E pLacEs TO THEsE Essays’ ¸ORE ¸EDIcaLIzED REaDERs.Äà PERHaps wE cOULD DEVELOp OUR facULTIEs’ capacITIEs TO TEacH HOw wE kNOw, HOw aT TI¸Es wE UN- kNOw, aND HOw NEw kNOwLEDgE aND NEw ¸asTERy pRODUcE NEw UNcERTaINTy. ºN aNy casE, REaDERs Of Essays Of pROfEssIONaL DEVELOp¸ENT NEED TO bE abLE TO pUT pROfEssIONaL NOR¸s aND pROpRIETIEs IN bRackETs OccasIONaLLy—TO bEcO¸E cONNOIssEURs Of sassINEss, INsUbORDINaTION, aND VaRIOUs OTHER pRIsINgs Of ROLE DIsTaNcE THaT sTUDENT Essays ¸IgHT aRTIcULaTE. ºf sTUDENT wRITINgs wITHIN a NOR¸aTIVE pROcEss Of pROfEssIONaLIzaTION aRE TO caLL THE¸sELVEs Essays, THEy sHOULD bE aLLOwED aND ENcOURagED TO ¸akE baLky gEsTUREs, TO bE ¸EaNDERINg, INTERRUpTIVE . . . TO bE REVIsED . . . aND TO I¸agINE, If NOT TO fiND, REaDERsHIps OUTsIDE THE gUILD—IN a public spacE.
y a s s E e h t f o n o i t a c o V l a c i t i r C e h T
As If IN aNswER TO THIs LasT qUEsTION, LaTELy aDDITIONaL “REflEcTIVE Essay” assIgN¸ENTs HaVE ¸ULTIpLIED wITHIN THE cLINIcaL TRaININg Of THEsE sa¸E ¸EDI-
°E VOcaTION Of THE Essay is cRITIqUE. FREEDO¸ fRO¸ TUTELagE. ´¸ERgENcE,
138
NOT ¸asTERy, EVEN fOR pROfEssIONaLs IN THE ¸akINg. ÁEREsy.
s r e d n u a S .F y r r a B
a¾knoWLeDGment ADapTED fRO¸ aN Essay pUbLIsHED IN Atrium (µORTHwEsTERN MEDIcaL ÁU¸aNITIEs aND BIOETHIcs PROgRa¸), ºssUE 11 (WINTER 2013)—a fEsTscHRIſt cOLLEcTION fOR KaTHRyN MONTgO¸ERy— aND a LEcTURE gIVEN aT THE 4TH µaTIONaL CONfERENcE fOR PHysIcIaN-ScHOLaRs IN THE SOcIaL ScIENcEs Í ÁU¸aNITIEs (CHIcagO, ApRIL 2011): “´ssayINg CRITIqUE IN a ¹OTaL ºNsTITUTION.” ºNDEbTED TO cONVERsaTIONs wITH ³UEL ¹ysON.
notes 1 ²EwIs °O¸as, “±RgaNELLEs as ±RgaNIs¸s,” IN °e Lives of a Cell (µEw YORk: ÂIkINg PREss, 1974), 72. 2 GRaHa¸ GOOD, “°E ´ssay as GENRE,” IN °e Observing Self: Rediscovering the Essay (²ONDON: ³OUTLEDgE, 1988), 1–3. 3 MIcHEL DE MONTaIgNE, “±f ´xpERIENcE,” IN °e Complete Essays of Montaigne, TRaNs. ¶ONaLD FRa¸E (STaNfORD: STaNfORD ·NIVERsITy PREss, 1958), 835. 4 MIcHEL DE MONTaIgNE, “°aT TO PHILOsOpHIzE ºs TO ²EaRN TO ¶IE,” IN °e Complete
Essays of Montaigne, 56–67. 5 GOOD, “°E ´ssay as GENRE,” 4–6. 6 ³. ²aNE KaUff¸aN, “°E SkEwED PaTH: ´ssayINg as ·N-METHODIcaL METHOD,” Diogenes 36 (1988). 7 ¹. W. ADORNO, “°E ´ssay as FOR¸,” TRaNs. BOb ÁULLOT-KENTOR aND FREDERIc WILL, New
German Critique 32 (SpRINg–SU¸¸ER 1984): 151–171. 8 GEORg ²Ukács, “±N THE µaTURE aND FOR¸ Of THE ´ssay: A ²ETTER TO ²EO POppER,” IN Soul
and Form, TRaNs. ANNa BOsTOck (Ca¸bRIDgE, MA: mit PREss, 1974), 15. 9 ADORNO, “°E ´ssay as FOR¸” (¸y E¸pHasIs). 10 ´RVINg GOff¸aN, “±N THE CHaRacTERIsTIcs Of ¹OTaL ºNsTITUTIONs,” IN Asylums: Essays on
the Social Situation of Mental Patients and Other Inmates (GaRDEN CITy, µY: ANcHOR BOOks, 1961), 1–124. 11 GOff¸aN, “¹OTaL ºNsTITUTIONs,” 64–65. 12 ´RVINg GOff¸aN, “³OLE ¶IsTaNcE,” IN Encounters: Two Studies in the Sociology of Inter-
action (ºNDIaNapOLIs: BObbs-MERRILL, 1961), 105–110. °E ¸ERRy-gO-ROUND Exa¸pLE Is HIs OwN. 13 JUDITH BUTLER, “WHaT ºs CRITIqUE? AN ´ssay ON FOUcaULT’s ÂIRTUE,” IN °e Political: Read-
ings in Continental Philosophy , ED. ¶aVID ºNgRa¸ (²ONDON: BasIL BLackwELL, 2002), 212. 14 BUTLER, “WHaT ºs CRITIqUE?,” 213ff. 15 MIcHEL FOUcaULT, “WHaT ºs CRITIqUE?,” TRaNs. ²ysa ÁOcHROTH, IN ºNgRa¸, °e Political, 193 (E¸pHasEs IN ORIgINaL). 16 FOUcaULT, “WHaT ºs CRITIqUE?,” 194.
17 FOUcaULT, “WHaT ºs CRITIqUE?,” 194–200. 18 KaNT’s Essay was pUbLIsHED as a NEwspapER aRTIcLE. SEE FOUcaULT, “WHaT ºs CRITIqUE?,”
139
194.
BOOks, 1979). CO¸paRE MONTaIgNE, TwO cENTURIEs EaRLIER, DIsaVOwINg aNy pROfEssION bUT sELf-INqUIRy: “º REaDILy ExcUsE ¸ysELf fOR NOT kNOwINg HOw TO DO aNyTHINg THaT wOULD ENsLaVE ¸E TO OTHERs.” “±f ´xpERIENcE,” 825. 20 ³ay¸OND Á. CURRy aND KaTHRyN MONTgO¸ERy, “¹OwaRD a ²IbERaL ´DUcaTION IN MEDIcINE,” Academic Medicine 85, NO. 2 (FEbRUaRy 2010): 283–287. 21 °E I¸agINaTIVE capacITIEs aND TOOL kITs Of “NaRRaTIVE ¸EDIcINE” aRE I¸pORTaNT HERE—THOUgH THE Essay Is NOT aN INTRINsIcaLLy NaRRaTIVE gENRE. ºNDEED, THE Essay ¸ay HaVE ITs sTRONgEsT affiNITIEs wITH DIaLOgUE/DIaLEcTIc—IN pRINcIpLE OpEN-ENDED, OſtEN ¸EaNDERINg. SEE KaUff¸aN, “°E SkEwED PaTH,” 70, cITINg PaTER.
y a s s E e h t f o n o i t a c o V l a c i t i r C e h T
19 º¸¸aNUEL KaNT, °e Conflict of the Faculties, TRaNs. MaRy GREgOR (µEw YORk: AbaRIs
´he ²RT of Med±c±ne ºSTHMA ANd TH± ÁAlU± Of CONTRAdIcTIONS Ian Whitmarsh
AsTH¸a Is aN ENIg¸aTIc ENTITy IN cONTE¸pORaRy ¸EDIcINE. °E cONDITION Is INcREasINg wORLDwIDE, paRTIcULaRLy IN URbaN aREas aND cOUNTRIEs UNDERgOINg RapID DEVELOp¸ENT. °EsE sTaTIsTIcs HaVE ELIcITED VaRIOUs ExpLaNaTIONs. °E HygIENE HypOTHEsIs sUggEsTs THaT ¸ORE ¸ODERN HO¸Es aND LIfEsTyLEs ¸ay REsULT IN LOwER ExpOsURE TO INfEcTIONs aND bacTERIa aT a yOUNg agE, aND a cONsEqUENT OVERsENsITIsaTION TO aLLERgENs. AN aLTERNaTIVE ExpLaNaTION I¸pLIcaTEs THE INcREasE IN pOLLUTION assOcIaTED wITH ¸ODERNIsaTION. SO¸E EpIDE¸IOLOgIsTs aRgUE THaT INcREasED aTTENTION TO THE DIsEasE a¸ONg bOTH ¸EDIcaL pRacTITIONERs aND THE pUbLIc Has REsULTED IN a HIgHER RaTE Of DIagNOsIs, NOT a HIgHER pREVaLENcE. A sI¸ILaR ExpLaNaTION NOTEs THE cHaNgINg DIagNOsTIc TEcHNIqUEs OVER THE pasT THREE DEcaDEs. °EsE cO¸pETINg accOUNTs fOR THE INcREasE REVEaL a pUzzLINg DIsEasE caTEgORy. SUcH DIscORDaNcE Has HIsTORIcaLLy bEEN fOUNDaTIONaL TO THE caTEgORy Of asTH¸a IN BRITIsH aND A¸ERIcaN ¸EDIcaL REsEaRcH. SINcE THE END Of THE NINETEENTH cENTURy, asTH¸a Has bEEN VIEwED as NEUROsIs OR pHysIOLOgIcaL pREDIspOsITION; caUsED by DUsT, pOLLUTION, HEREDITy, paRENTaL E¸OTIONs, THE UNcLEaN ¸ODERN HO¸E (caRpETs HaRbOURINg DUsT ¸ITEs), OR THE cONTINUaLLy cLEaNED ¸ODERN HO¸E (UNDERExpOsURE TO INfEcTIONs); aND TREaTED wITH sTI¸ULaNTs aND DEpREssaNTs, DIETINg, sTEROIDs, aND VaRIOUs TONIcs. YET DEspITE THIs DIVERsITy, wHaT Is sTRIkINg abOUT ¸ODERN ¸EDIcINE’s appROacH TO asTH¸a Is NOT THE pLURaLITy Of DEfiNITIONs, caUsEs, aND DIagNOsTIc TEcHNIqUEs, bUT RaTHER THE aTTE¸pT TO REDUcE THIs pLURaLITy. °Is cO¸pULsION TOwaRDs fiNDINg a sINgLE LOcUs Of DIsEasE Has a HIsTORy. BEfORE THE EIgHTEENTH cENTURy, asTH¸a IN wEsTERN ¸EDIcINE was HU¸ORaL, a cONgERIEs Of sy¸pTO¸s bROUgHT ON by ExcEssEs IN cOLD OR ¸OIsT TE¸pERa-
ºaN WHIT¸aRsH, “°E ART Of MEDIcINE: AsTH¸a aND THE ÂaLUE Of CONTRaDIcTIONs,” fRO¸ °e
Lancet 376 (2010): 764–765. © 2010 by ´LsEVIER. ³EpRINTED by pER¸IssION Of ´LsEVIER.
¸ENT. °Is HU¸ORaL appROacH bEgaN TO bE REpLacED IN THE EIgHTEENTH cENTURy by a NERVOUs sysTE¸ appROacH, bUT THE cONDITION was sTILL DEfiNED by ITs
141
cOLDNEss Of THE ExTRE¸ITIEs. ºN THIs appROacH, IT RE¸aINED UNcLEaR wHETHER bLOOD cIRcULaTION caUsED RaRE REspIRaTION, OR THE REVERsE. SUcH a Lack Of spaTIaL caUsaLITy was NO LONgER pOssIbLE by THE ¸ID-NINETEENTH cENTURy, HOwEVER, a pERIOD wHEN THE pHysIcaL ORIgIN Of a DIsEasE IN THE bODy cONsTITUTED ITs DEfiNITION. MEDIcaL TExTs ON asTH¸a fRO¸ THE ¸ID-NINETEENTH cENTURy ONwaRD sOUgHT THE LOcUs Of THE DIsEasE—ITs sINgLE sTaRTINg pOINT. ´acH TREaTIsE DURINg THIs TI¸E OffERED aN UNa¸bIgUOUs ORIgIN, REsULTINg IN a wEaLTH Of cO¸pETINg accOUNTs: asTH¸a was a DIsEasE Of THE NERVOUs sysTE¸, OR THE LUNgs, OR THE bLOOD, EacH sITE ExcLUsIVE Of THE OTHERs, aND EacH cONsTITUTINg aN UNEqUIVOcaL DEfiNITION. ¶URINg THE sEcOND HaLf Of THE NINETEENTH cENTURy, TEcHNOLOgIEs bEca¸E INcREasINgLy INVOLVED IN caTEgORIsINg asTH¸a, fOR Exa¸pLE, THROUgH THE UsE Of REspIRO¸ETERs aND ¸IcROscOpEs. °EsE INsTRU¸ENTs pROVIDED spEcIfic qUaNTITaTIVE ¸EasURE¸ENTs abOUT a cONDITION THaT cONTINUED TO bE ExpLIcITLy DEfiNED by cONTRasT: as NERVOUs bEcaUsE NO paTHOLOgIcaL LEsIONs wERE fOUND OR as aLLERgIc bEcaUsE NO gER¸ caUsEs wERE fOUND. ºN THE EaRLy TwENTIETH cENTURy, THE aLLERgIc appROacH bEca¸E wIDEspREaD, bRINgINg THE OLDER sITEs Of THE DIsEasE INTO NEw aREas Of REsEaRcH—THE HEREDITaRy pREDIspOsITION IN THE bLOOD, THE psycHOLOgIcaL caUsEs Of THE NEUROsIs, aND THE pHysIOLOgIcaL REspONsE IN THE LUNgs. °Is HIsTORy Of cONTEsTaTION cONTINUEs TO bE fOUNDaTIONaL TO THE ¸EDIcaL ¸EaNINg Of asTH¸a TODay. ¶IscIpLINaRy bOUNDaRIEs OffER DIffERENT pERspEcTIVEs THROUgH wHIcH TO Exa¸INE aND UNDERsTaND asTH¸a—fOR INsTaNcE, pOpULaTION DE¸OgRapHIcs, LUNg REspONsE, I¸¸UNE sysTE¸, OR gENE-ENVIRON¸ENT INTERacTIONs. ¶IffERENT appROacHEs TO DIagNOsIs IN REsEaRcH aDD TO THIs cO¸pLExITy, INcLUDINg REspONsE TO aLLERgENs aND ¸EDIcaTIONs, sELf-REpORTINg Of sy¸pTO¸s, pHysIcIaN DIagNOsIs, LEVELs Of aLLERgEN aNTIbODIEs IN THE bLOOD, a¸ONg OTHERs. SEVERITy Is sI¸ILaRLy assEssED wITH DIffERENT ¸EasUREs, sUcH as sELf-REpORTINg abOUT fREqUENcy Of sy¸pTO¸s, UsE Of ¸EDIcaTION, cHaNgEs IN pEak aIRflOw, assEss¸ENT Of bIO¸aRkERs, OR fREqUENcy Of E¸ERgENcy ROO¸ aD¸IssION, aLONgsIDE cONsIDERaTION Of ENVIRON¸ENTaL RIsk facTORs aND OTHER cO¸ORbIDITIEs. AND THE caUsEs Of asTH¸a cONTaIN THE sa¸E HETEROgENEITy. °E VaRIOUs asTH¸a TRIggERs—aIR pOLLUTaNTs, DO¸EsTIc pOLLUTaNTs, pOLLENs, fOODs—I¸pLIcaTE EVERyTHINg fRO¸ HOUsINg cONDITIONs aND NEIgHbOURHOOD ExpOsURE TO URbaNIzaTION aND ¸ODERN a¸ENITIEs.
e n i c i d e M f o trA e h T
VaRIOUs sy¸pTO¸s, sUcH as wHEEzE, UNUsUaL bLOOD cIRcULaTION, fEVER, aND
°E TRE¸ENDOUs ¸aRkET fOR, aND REsEaRcH INTO, asTH¸a IN THE pasT fEw
142
DEcaDEs Has accENTUaTED THIs a¸bIgUITy. °EsE EffORTs HaVE fOcUsED ON THE VaRIabILITy Of asTH¸a DEfiNITIONs as ITsELf cONsTITUTIVE. SO¸E HaVE aDOpTED
hsramtihW naI
THE ¸ULTIpLE cRITERIa Of asTH¸a DIagNOsIs aND sEVERITy TO aRgUE fOR THE INcLUsION Of ¸ORE THaN ONE TEcHNIqUE, EacH INDEpENDENTLy sUfficIENT, cREaTINg aN
βÄ agONIsTs Is INcREas-
ExpaNsIVE DIagNOsTIc. ºN THIs cONTExT, REspONsE TO THE
INgLy UsED TO DIagNOsE asTH¸a. °E DIsEasE Is HERE DEfiNED IN TER¸s Of THE pHysIOLOgIcaL EffEcTs Of THE ¸EDIcaTION—THaT Is, a Lack Is DEsIgNED INTO THE cONDITION; THE NEED fOR THE pHaR¸acEUTIcaL Is aLREaDy paRT Of THE ¸EaNINg Of THE DIsEasE. ±THER DIagNOsTIc cRITERIa—ºg´ cONcENTRaTIONs, wHEEzE, paTIENT’s sELf-REpORTINg—sUggEsT DIffERENT sITEs Of INTERVENTION: THE spacE Of THE LUNgs VERsUs THE spacE Of pOLLENs, OR pROxI¸ITy TO pOLLUTaNTs aND HazaRDOUs cHE¸IcaLs. °Is Is RELEVaNT fOR THaT TROUbLED aREa Of ¸EDIcINE TODay, aDHERENcE. As ¸EDIcaL REsEaRcH aND pOLIcy INcREasINgLy TURN TOwaRDs cHRONIc DIsEasEs—asTH¸a, HEaRT DIsEasE, caNcER, DIabETEs—THE DaILy TakINg Of ¸EDIcaTIONs Has bEcO¸E a ¸ajOR fOcUs. ºN THE casE Of asTH¸a, EffORTs TO INcREasE aDHERENcE HaVE OſtEN fOcUsED ON THE ¸OTHER Of THE cHILD wITH asTH¸a. WO¸EN HaVE bEEN cENTRaL TO asTH¸a INTERVENTIONs sINcE THE ¸IDDLE Of THE NINETEENTH cENTURy. ºN THE LaTE NINETEENTH cENTURy, wO¸EN wERE cONsIDERED paRTIcULaRLy pRONE TO “NERVOUs asTH¸a,” aN OVERsENsITIVE DIspOsITION REqUIRINg caREfUL ¸ONITORINg. By THE EaRLy TwENTIETH cENTURy, THE sHIſt TO psycHOaNaLyTIc ExpLaNaTIONs Of asTH¸a ¸aDE wO¸EN, aND spEcIficaLLy ¸OTHERs, INTO caUsEs Of sUcH a DIspOsITION: paRTIcULaRLy IN THE ·SA, aN OVERpROTEcTIVE ¸OTHER was I¸agINED TO cREaTE a DELIcaTE aND sHELTERED cHILD pRONE TO asTH¸a. WITH THE cONTE¸pORaRy TURN away fRO¸ psycHOLOgIcaL ¸EaNINgs Of asTH¸a IN faVOUR Of a pURELy pHysIOLOgIcaL UNDERsTaNDINg, THE fOcUs Has sHIſtED TO THE ¸OTHER as caRETakER Of THE HO¸E. AsTH¸a EDUcaTION aND OUTREacH TaRgET ¸OTHERs TO REDUcE pOLLEN aND DUsT ExpOsURE aND TO aD¸INIsTER ¸EDIcaTIONs TO THEIR cHILDREN. °E pROcEss Of cONsU¸INg asTH¸a TREaT¸ENTs fRO¸ THE DOcTOR Is a TRaNsLaTION Of ¸EDIcaL ¸EaNINgs aND pRacTIcEs. ºN THIs cONTExT, TakINg (OR NOT TakINg) THE INHaLED sTEROID ¸ay REflEcT a paTIENT’s sUspIcION abOUT wHaT THEIR DOcTOR Is HIDINg IN HIs OR HER cONcERN abOUT THE paTIENT’s pOssIbLy fEaRfUL aTTITUDE TOwaRD THE pHaR¸acEUTIcaL. WITH THE pREscRIpTION, paRENTs aND paTIENTs aRE accEpTINg sO¸E paRT Of THE ¸EDIcaL sysTE¸ Of caTEgORIsaTION, gIVINg sO¸E aUTHORITy TO IT, wHILE aT THE sa¸E TI¸E, by DETER¸ININg wHEN aND HOw THEy cONsU¸E THE pREscRIpTION, aRE pLacINg a paRT Of IT UNDER THEIR jURIsDIcTION.
CONDITIONs sUcH as asTH¸a REVEaL wHERE INExpERT INTERpRETaTIONs aDOpT a pLURaLITy THaT ¸ODERN ExpERTIsE DEVaLUEs. °Is caN bE sEEN IN cULTURaL ¸EaN-
143
VaRyINg DEfiNITIONs, bUT RaTHER a fUNDa¸ENTaL sLIppagE IN THE caTEgORy. POLLUTION caN bE DUsT fRO¸ THE HIgHway, ¸OULD aND cOckROacHEs IN apaRT¸ENT waLLs, wORkpLacE HazaRDs, pEsTIcIDEs, cIgaRETTE s¸OkE. SI¸ILaRLy “asTH¸a” IN gENERaL UsE caN bE aN aTTack, OR a cONDITION, OR a DIagNOsIs. CULTURaL a¸bIgUITy ¸EaNs ¸UTUaLLy INcONsIsTENT ¸EaNINgs caN cOINcIDE, wHIcH Is wHaT gIVEs RIcH TER¸s THEIR pOwER. A¸bIgUITy DENOTEs spacEs Of IRREsOLUTION—UNfiNIsHED, sTILL TO bE UNDERsTOOD aND INTERpRETED. ±UR ¸ODERN appROacH TO DIsEasE OſtEN DIsaVOws sUcH a¸bIgUITy: ONE REREaDs cULTURaL INTERpRETaTIONs TO fiND HIDDEN OR fURTHER ¸EaNINgs; wHy REREaD a DIagNOsIs? °E ExTRE¸E cONsIsTENcy Of THE ¸ODERN ¸EDIcaL DEsIgNaTION caN bE pREcIsELy wHaT gIVEs paTIENTs paUsE—a cLaI¸ TO cERTaINTy a¸ID EVIDENT UNcERTaINTy THaT ¸ay LEaD sO¸E pEOpLE TO sEEk OUT OTHER INTERpRETaTIONs. °E cULTURaL cONTRaDIcTIONs Of asTH¸a gO bEyOND a VIEw Of THE cONDITION as a spEcTRU¸, a cONcEpT Of a¸bIgUITy THaT RELIEs ON a sINgLE cRITERION Of DIffERENTIaTION. ºN THE a¸bIVaLENcE Of cULTURE, cONTRaDIcTORy ¸EaNINgs caN NOT ONLy bE ¸aINTaINED bUT caN aLsO REINfORcE EacH OTHER. ¹O THE qUEsTION, “AsTH¸aTIc as aN IDENTITy OR as a TE¸pORaRy cONDITION?,” cULTURE wILL aNswER: yEs. ºN THE a¸bIVaLENcE Of cULTURE, cONTRaDIcTORy ¸EaNINgs kEEp EacH OTHER IN DOUbT. ºN THE TwENTy-fiRsT cENTURy, sO¸E ¸EDIcaL appROacHEs TO asTH¸a HaVE INTEgRaTED THIs a¸bIgUITy aND sUggEsTED THE DIsEasE caTEgORy fOR asTH¸a Is a syNDRO¸E OR a ¸IsNO¸ER fOR sEVERaL cONDITIONs. SO¸E paTIENTs wORk TO bRINg sUcH a¸bIgUITy back IN wHEN IT Is baNIsHED fRO¸ THE cLINIcaL INTERacTION, aND THEy DO sO wITH OTHER sOURcEs Of aUTHORITy (fa¸ILy, HEaLTH bOOks, ExpERIENcEs, aND sO ON). As ¸ODERN ¸EDIcINE ¸aps OUT OUR faTE, IT sUggEsTs THE aVENUEs Of EscapE by fOLLOwINg ¸EDIcaL INTERVENTIONs, THaT Is, aDHERENcE. ºN THE cONTEsTED DIagNOsTIc caTEgORy cO¸pRIsED IN “asTH¸a,” paTIENTs aT TI¸Es ¸akE aDHERENcE a¸bIgUOUs TOO, a sOURcE Of cHOIcE RaTHER THaN a DEcREE. °E a¸bIVaLENcE Of cULTURE bOTH facILITaTEs ¸EDIcaL caTEgORIsaTIONs aND Is THE sOURcE Of aLTERNaTIVEs TO THE¸. CULTURE pLacEs ¸EDIcaL caTEgORIEs INTO qUOTEs as THEIR LI¸ITs aRE Exa¸INED aND cRITIcIsED IN ways THaT aRE cONsTITUTIVE Of THEIR sIgNIficaNcE; cREaTINg a spacE fOR INcONsIsTENcy, cULTURE aLLOws asTH¸a ITs LONg aND cONTINUINg HIsTORy Of a¸bIgUITy.
e n i c i d e M f o trA e h T
INgs Of “pOLLUTION.” °E a¸bIgUITy Of “pOLLUTION” IN sOcIETaL UsE Is NOT DUE TO
144
½urther reaDinG ANON. A pLEa TO abaNDON asTH¸a as a DIsEasE cONcEpT. Lancet 368 (2006):705.
hsramtihW naI
BOON, J. A. Other Tribes, Other Scribes: Symbolic Anthropology in the Comparative Study of
Cultures, Histories, Religions, and Texts. µEw YORk: Ca¸bRIDgE ·NIVERsITy PREss, 1982. JacksON, M. Asthma: °e Biography. µEw YORk: ±xfORD ·NIVERsITy PREss, 2009. WHIT¸aRsH, º. Biomedical Ambiguity: Race, Asthma, and the Contested Meaning of Gene-
tic Research in the Caribbean. ºTHaca: CORNELL ·NIVERsITy PREss, 2008.
ScR±PT Mara Buchbinder and Dragana Lassiter
±N JaNUaRy 17, 2014, CaTHERINE ´agLEs, a fEDERaL jUDgE fOR THE MIDDLE ¶IsTRIcT Of µORTH CaROLINa, sTRUck DOwN as UNcONsTITUTIONaL a pORTION Of µORTH CaROLINa’s 2011 WO¸EN’s ³IgHT TO KNOw AcT. °E pORTION IN qUEsTION wOULD HaVE REqUIRED abORTION pROVIDERs IN THE sTaTE TO pERfOR¸ aN ULTRasOUND aND DIspLay aND DEscRIbE THE I¸agEs pREsENTED TO EVERy wO¸aN sEEkINg aN abORTION. ´agLEs cONcLUDED THaT THIs sO-caLLED “spEEcH-aND-DIspLay pROVIsION” was “pERfOR¸aTIVE RaTHER THaN INfOR¸aTIVE” aND THEREfORE sERVED NO ¸EDIcaL pURpOsE. SHE DETER¸INED THIs IN paRT bEcaUsE THE ORIgINaL TExT Of THE Law sUggEsTED THaT wO¸EN ¸IgHT cHOOsE not TO LOOk aT THEsE ULTRasOUND I¸agEs: “Nothing in this section shall be construed to prevent a pregnant woman from
averting her eyes from the ultrasound images required to be provided to and reviewed with her.”à ºN a 42-pagE ¸E¸ORaNDU¸ OUTLININg HER DEcIsION, ´agLEs wROTE, “³EqUIRINg a pHysIcIaN OR OTHER HEaLTH caRE pROVIDER TO DELIVER THE sTaTE’s cONTENT-basED, NON-¸EDIcaL ¸EssagE IN HIs OR HER OwN VOIcE as If THE ¸EssagE was HIs OR HER OwN cONsTITUTEs cO¸pELLED IDEOLOgIcaL spEEcH aND waRRaNTs THE HIgHEsT DEgREE Of FIRsT A¸END¸ENT pROTEcTION.”Ä AbORTION RIgHTs aDVOcaTEs IN µORTH CaROLINa HaILED THE RULINg as aN I¸pORTaNT VIcTORy. YET THE RE¸aINDER Of THE WO¸EN’s ³IgHT TO KNOw AcT sTILL sTaNDs: wO¸EN ¸UsT REcEIVE cOUNsELINg wITH spEcIfic, sTaTE-¸aNDaTED INfOR¸aTION aT LEasT 24 HOURs pRIOR TO aN abORTION pROcEDURE. ¹O cO¸pLy wITH THE Law, THEN, aN abORTION pROVIDER ¸UsT “DELIVER a cONTENT-basED, NON-¸EDIcaL ¸EssagE IN HIs OR HER OwN VOIcE.” ºN OUR ONgOINg pROjEcT, wE aRE Exa¸ININg HOw abORTION pROVIDERs IN µORTH CaROLINa HaVE gRappLED wITH THIs LEgaL ¸aNDaTE. WE HaVE bEEN EspEcIaLLy INTEREsTED IN THE sOcIaL, ETHIcaL, aND cO¸¸UNIcaTIVE DI¸ENsIONs Of scRIpTED abORTION cOUNsELINg.Æ ScRIpTs pLay a kEy ROLE IN aNTHROpOLOgy aND scIENcE aND TEcHNOLOgy sTUDIEs. FOUNDaTIONaL cONcEpTs LIkE cultural scripts aND technological scripts REflEcT
MaRa BUcHbINDER aND ¶RagaNa ²assITER, “ScRIpT,” fRO¸ Somatosphere: Commonplaces (µOVE¸bER 17, 2014). ³EpRINTED by pER¸IssION Of THE pUbLIsHER.
a DIscIpLINaRy pREOccUpaTION wITH THE ways IN wHIcH cERTaIN DO¸aINs Of
146
HU¸aN sOcIaL LIfE aRE paRTIaLLy pREDETER¸INED. YET THE pOTENTIaL fOR sOcIaL acTORs TO sTRay fRO¸ THE scRIpT TO I¸pROVIsE NEw pOssIbILITIEs aND cREaTE NEw
r e t i s s a L a n a g a r D d n a r e d n i b h c u B a r a M
¸ODEs Of acTION Is aLsO E¸bEDDED IN THEsE cONcEpTs. ºN OTHER wORDs, THE VERy pREsENcE Of aNy scRIpT I¸pLIEs ITs LOgIcaL OppOsITE: THaT wE aLsO spEak aND acT IN fUNDa¸ENTaLLy UNscRIpTED ways. ºN THIs way, THE scRIpT REflEcTs LONgsTaNDINg TENsIONs IN cONTE¸pORaRy THEORETIcaL DEbaTEs—bETwEEN sTRUcTURE aND agENcy, DETER¸INIs¸ aND E¸ERgENcE, cONsTRaINT aND pOssIbILITy, cO¸pULsION aND cHOIcE. ScRIpTs aRE UbIqUITOUs IN scIENcE aND ¸EDIcINE. ÁOspITaL pROcEDUREs, INfOR¸ED cONsENT DOcU¸ENTs, ExpERI¸ENT pROTOcOLs, sTaNDaRDIzED THERapIEs, aND ULTRasOUND TEcHNOLOgIEs aLL RELy ON scRIpTs TO ORDER wORk pROcEssEs, gUIDE THOUgHTs, spEEcH, aND acTION, aND spEcIfy ROLEs aND RELaTIONsHIps.Î As INsTITUTIONaLLy aUTHORED DOcU¸ENTs, scRIpTs ENacT aND sHapE wORLDs by cONVEyINg THE aUTHOR’s INTENDED ¸EaNINg. YET scRIpTs DO ¸ORE THaN RELay REfERENTIaL ¸EaNINg. °Ey aLsO pRODUcE EffEcTs, sO¸ETI¸Es UNINTENDED, THROUgH THE ways THaT THEy aRE I¸pLE¸ENTED aND pERfOR¸ED. SUcH pRODUcTIVITy caN HELp Us TO bypass THE DUaLIs¸s ¸ENTIONED abOVE aND gENERaTE pOTENTIaL NEw sITEs Of THEORETIcaL INqUIRy. °E scRIpT aT pLay IN sTaTE-¸aNDaTED abORTION cOUNsELINg Is a HIgHLy fOR¸aLIzED VERsION Of a ¸UcH bROaDER TEcHNO-sOcIaL caTEgORy. CLINIcIaNs RELy ON VaRIOUs scRIpTs IN cONVERsaTIONs wITH paTIENTs—fOR Exa¸pLE, askINg “WHaT bRINgs yOU IN TODay?” A fEw THINgs DIsTINgUIsH abORTION cOUNsELINg scRIpTs fRO¸ cOLLOqUIaL UsEs Of scRIpTs IN ¸EDIcINE: THEIR LEgaLLy cO¸pULsORy NaTURE, THEIR sELEcTION Of paRTIcULaR spEEcH ELE¸ENTs, aND THEIR capacITy TO TRaNsfOR¸ HEaLTH caRE pROVIDERs INTO agENTs Of THE sTaTE. °E sTaTE, aN a¸ORpHOUs pOLITIcaL sUbjEcT, Has RELaTIVELy LITTLE pOwER TO spEak TO cITIzENs IN EVERyDay LIfE. By cO¸pELLINg pROVIDERs TO spEak ITs ¸EssagE, THE sTaTE flIps THE scRIpT UNDERgIRDINg ¸OsT cLINIcaL INTERacTION.Ï MOsT abORTION pROVIDERs IN OUR sTUDy fOUND bOTH THE sTaTE’s INTENTIONs aND THE pOTENTIaL EffEcTs Of THE cOUNsELINg scRIpT ON paTIENTs TO bE ObjEcTIONabLE. As ONE pHysIcIaN TOLD Us, “º fiND IT VERy cONDEscENDINg. As If wO¸EN aREN’T bEINg gIVEN pROpER INfOR¸ED cONsENT OR DEcIsION ¸akINg abOUT THEIR abORTION caRE. WHILE OTHERs, yOU kNOw, LIkE LEgIsLaTUREs, aRE TRyINg TO TakE away THEIR DEcIsION ¸akINg aND aUTONO¸y.” BEcaUsE Of THIs DIsDaIN fOR THE scRIpT, THE ¸aNy pOssIbILITIEs fOR UNDER¸ININg ITs cONTENT HaVE bEEN E¸pOwERINg aND EVEN LIbERaTINg. SO¸E pROVIDERs pREfacED THE scRIpT wITH DIscLaI¸ERs aND apOLOgIEs. ±THERs REaD THE scRIpT “wORD by wORD” TO sHOw THaT THE wORDs
wERE NOT THEIR OwN. STILL OTHERs sET THE scRIpT IN fRONT Of THE paTIENT TO DIsTINgUIsH IT as a LEgaL aRTIfacT THaT THEy VIEwED as faLLINg OUTsIDE Of NOR¸aL cLINI-
147
spEakERs fRO¸ THE aNI¸aTED cONTENT, aND INVITE paTIENTs NOT TO LIsTEN. Ð SEVERaL pROVIDERs NOTED THaT sUcH sTRaTEgIEs HaD THE UNaNTIcIpaTED cONsEqUENcE Of fOsTERINg paTIENT-pROVIDER RappORT, REVEaLINg a ¸IsaLIgN¸ENT bETwEEN pERcEIVED LEgIsLaTIVE INTENT aND THE scRIpT’s pERfOR¸aNcE. °Is HIgHLIgHTs HOw THE RIſt bETwEEN ¸EaNINg aND INTENT caN cUT bOTH ways, wORkINg bOTH fOR aND agaINsT THE aUTHOR’s agENDa. ºN OUR sTUDy, pROVIDERs ROUTINELy DIsTINgUIsHED scRIpTED abORTION cOUNsELINg fRO¸ THE INfOR¸ED cONsENT pROcEDUREs THaT THEy wERE aLREaDy DOINg pRIOR TO THE Law. As aN ENU¸ERaTION Of THE RIsks aND bENEfiTs assOcIaTED wITH cLINIcaL TREaT¸ENT, DRUg REsEaRcH, OR spEcI¸EN DONaTION, INfOR¸ED cONsENT aLsO RELIEs ON scRIpTs. PROVIDERs DIsTINgUIsHED THE scRIpTs UsED IN sTaTE-¸aNDaTED cOUNsELINg aND cLINIcaL INfOR¸ED cONsENT ON THE basIs Of wHETHER THE cONTENT was ¸EDIcaLLy RELEVaNT aND NEcEssaRy TO wO¸EN’s INfOR¸ED DEcIsION ¸akINg. °Is DIffERENcE Is aLsO I¸pLIcIT IN JUDgE ´agLEs’s DIsTINcTION bETwEEN THE pERfOR¸aTIVE (I.E., NON-¸EDIcaLLy RELEVaNT) aND INfOR¸aTIVE fUNcTIONs Of THE sEaRcH-aND-DIspLay pROVIsION. ºN ¸akINg THIs DIsTINcTION, bOTH JUDgE ´agLEs aND OUR INTERLOcUTORs aTTE¸pTED TO fRa¸E THE Law as aN ILLEgITI¸aTE INsTaNcE Of scRIpT-flIppINg—THaT Is, appROpRIaTINg THE LaNgUagE, fOR¸aT, aND aUTHORITaTIVE VOIcE Of INfOR¸ED cONsENT fOR aNOTHER pURpOsE. YET INsOfaR as INfOR¸ED cONsENT Is bOTH ONE Of THE ¸OsT ROUTINIzED scRIpTs IN ¸EDIcINE aND a paRaDIg¸aTIc Exa¸pLE Of INfOR¸aTION DELIVERy IN HEaLTH caRE, THIs DIsTINcTION bEgINs TO bREak DOwN. ºNfOR¸ED cONsENT assU¸Es THE gENRE Of DIscLOsURE THaT ¸aNy paTIENTs IN THE ·NITED STaTEs HaVE LEaRNED TO VIEw as a LEgaL pERfOR¸aNcE, aN INsTITUTIONaL REqUIRE¸ENT NEcEssaRy TO ¸OVE aLONg ONE’s cLINIcaL caRE.Ñ ºN OTHER wORDs, INfOR¸ED cONsENT pROcEDUREs HaVE bOTH INfOR¸aTIVE and pERfOR¸aTIVE DI¸ENsIONs. By DIsTINgUIsHINg bETwEEN sTaTE-¸aNDaTED abORTION cOUNsELINg aND sTaNDaRD INfOR¸ED cONsENT pROcEDUREs, THE pROVIDERs IN OUR sTUDy REIfiED INfOR¸ED cONsENT as pURELy INfOR¸aTIVE, NEgLEcTINg THE pERfOR¸aTIVE DI¸ENsIONs Of THIs EVERyDay scRIpTED pRacTIcE. STaTE-¸aNDaTED abORTION cOUNsELINg Is a spEcIaLIzED casE Of THE UsE Of scRIpTs IN ¸EDIcINE. MEDIcINE RELIEs ON ¸aNy OTHER TakEN-fOR-gRaNTED aND ROUTINIzED scRIpTs. ±NE sTRENgTH Of THE scRIpT fOR scHOLaRs Of scIENcE aND ¸EDIcINE Is THaT IT “REaDs” acROss THE ETHIcaL aND LEgaL, as IN THE casE Of INfOR¸ED cONsENT. ºN DOINg sO, IT sHOws HOw THE ¸EDIcaL aND THE LEgaL aRE NOT sEpaRaTE pROfEssIONaL DO¸aINs bUT NEcEssaRILy cO-cONsTITUTED.
tpircS
caL pRacTIcE. ´acH Of THEsE acTIONs sERVED TO DENOUNcE aUTHORsHIp, DIsaffiLIaTE
148
notes 1 FOR THE fULL LEgIsLaTIVE TExT Of THE µORTH CaROLINa WO¸aN’s ³IgHT TO KNOw AcT, sEE
r e t i s s a L a n a g a r D d n a r e d n i b h c u B a r a M
=
HTTp://www.NcLEg . NET / gascRIpTs / BILL²OOk·p / BILL²OOk·p.pL ? BILLº¶ Á 854ÍSEssION
= 2011.
2 FOR THE fULL TExT Of THIs ¸E¸ORaNDU¸, sEE HTTp://DIg.abcLOcaL.gO.cO¸/wTVD/DOcs /UTRasOUND_RLULINg_011714.pDf. 3 °Is wORk Has bEEN sUppORTED by gRaNTs fRO¸ THE SOcIETy fOR Fa¸ILy PLaNNINg aND THE GREENwaLL FOUNDaTION, IN cOLLabORaTION wITH ³EbEcca MERcIER, A¸y BRyaNT, aND ANNE ¶RapkIN ²yERLy. 4 MaDELINE AkRIcH, “°E DE-scRIpTION Of TEcHNIcaL ObjEcTs,” IN Shaping Technology/Building
Society. Studies in Sociotechnical Change, ED. W. BIjkER aND J. ²aw (Ca¸bRIDgE, MA: mit PREss, 1992); aND STEfaN ¹I¸¸ER¸aNs, “SaVINg LIVEs OR saVINg ¸ULTIpLE IDENTITIEs?: °E DOUbLE DyNa¸Ic Of REsUscITaTION scRIpTs,” Social Studies of Science , 26 (4) (1996): 767–797. 5 CaRR (2011, 191) sUggEsTs THaT scRIpT flIppINg Is aN Exa¸pLE Of wHaT BakHTIN (1984) caLLs VaRI-DIREcTIONaL DOUbLE-VOIcED DIscOURsE, “IN wHIcH ONE’s spEEcH Has a sE¸aNTIc INTENT cONTRaRy TO THaT wHIcH ONE ¸I¸Ics.” SEE ´. SU¸¸ERsON CaRR, Scripting Addiction: °e
Politics of °erapeutic Talk and American Sobriety (PRINcETON: PRINcETON ·NIVERsITy PREss, 2011). SEE aLsO MIHkaIL BakHTIN, Problems of Dostoevksy’s Poetics, TRaNs. aND ED. C. ´¸ERsON (MINNEapOLIs: ·NIVERsITy Of MINNEsOTa PREss, 1984). 6 ´RVINg GOff¸aN, Forms of Talk (PHILaDELpHIa: ·NIVERsITy Of PENNsyLVaNIa PREss, 1981). 7 MaRIE-ANDRéE JacOb, “FOR¸-¸aDE pERsONs: CONsENT fOR¸s as cONsENT’s bLIND spOT,” Politi-
cal and Legal Anthropology Review, 30(2) (2007): 249–268. DOI:10.1525/p01.2007.30.2.249
ORd±nARy Med±c±ne »H± ³Ow±R ANd CONfUSION Of EVId±Nc± Sharon R. Kaufman
°ERE Is a HIDDEN cHaIN Of cONNEcTIONs a¸ONg scIENcE, pOLITIcs, INDUsTRy, aND INsURaNcE THaT ORgaNIzEs EVIDENcE ¸akINg aND DRIVEs THE ·.S. HEaLTH caRE sysTE¸. ÁIDDEN as wELL Is THE ETHOs THaT sUppORTs THOsE cONNEcTIONs aND I¸pacTs gOVERNaNcE. °E ¸ULTIbILLION-DOLLaR bIO¸EDIcaL REsEaRcH ENgINE, wITH ITs E¸pHasIs ON THE cLINIcaL TRIaLs ENTERpRIsE, Is wHERE EVIDENcE ¸akINg bEgINs. °E INfRasTRUcTURE aND HIgH VaLUE Of EVIDENcE-basED ¸EDIcINE aND cLINIcaL TRIaLs pRIORITIzE THINkINg abOUT wHaT cONsTITUTEs REspONsIbLE HEaLTH caRE. AND THEy aRE THE DO¸INaNT appaRaTUsEs Of TRUTH ¸akINg IN ¸EDIcINE. ÁOw DOEs THIs wORk? ¹RIaL “fiNDINgs” aRE cONVERTED INTO “bEsT EVIDENcE fOR TREaT¸ENT.” AND THEN, THaT EVIDENcE gENERaTEs TREaT¸ENT sTaNDaRDs. °Is Is HOw scIENTIfic INNOVaTION ORgaNIzEs pHysIcIaNs’ wORk, HEaLTH caRE fiNaNcEs, aND paTIENTs’ aND fa¸ILIEs’ ExpEcTaTIONs abOUT wHaT Is NOR¸aL aND NEEDED. °E cULTURaL capITaL Of EVIDENcE-basED ¸EDIcINE, cLINIcaL TRIaLs, aND THE sTaNDaRDs THEy sET cREaTEs a UNIqUE qUaNDaRy IN cONTE¸pORaRy ¸EDIcINE: WHEN, wHERE, aND HOw TO DRaw THE LINE bETwEEN TOO ¸UcH aND ENOUgH INTERVENTION? AND HOw sHOULD ONE LIVE wITH THE TOOLs ¸EDIcINE OffERs? ´VIDENcE-basED ¸EDIcINE Is ITsELf cO¸pLIcaTED by THREE INTERRELaTED DEVELOp¸ENTs THaT pER¸EaTE A¸ERIcaN LIfE, wHIcH aRE INHERENT IN THE gLObaL bIO¸EDIcaL EcONO¸y aND THaT cONTROL THE qUaNDaRy Of DRawINg THaT LINE. FIRsT, THERE Is THE INcREasED ROLE aND INflUENcE Of pRIVaTE INDUsTRy. ºN 1980, 32 pERcENT Of cLINIcaL REsEaRcH was fUNDED by pRIVaTE pHaR¸acEUTIcaL, DEVIcE, aND bIOTEcHNOLOgy cO¸paNIEs. ¹ODay, 65 pERcENT Of bIO¸EDIcaL REsEaRcH Is fUNDED by
SHaRON ³. KaUf¸aN, “±RDINaRy MEDIcINE: °E POwER aND CONfUsION Of ´VIDENcE,” fRO¸ Medi-
cine Anthropology °eory 3, NO. 2 (2016): 163–168. ³EpRINTED by pER¸IssION UNDER THE CREaTIVE CO¸¸ONs ATTRIbUTION 4.0 ºNTERNaTIONaL PUbLIc ²IcENsE, aVaILabLE aT HTTps://cREaTIVEcO¸¸ONs .ORg/LIcENsEs/by/4.0/LEgaLcODE.
pRIVaTE INDUsTRy, wHOsE gOaL Is aLways TO INcREasE ¸aRkET sHaRE. SEcOND, aLL
150
THOsE cLINIcaL TRIaLs HaVE gENERaTED ¸ORE EVIDENcE Of THERapEUTIc VaLUE aND aN EVER-INcREasINg NU¸bER Of sTaNDaRD TREaT¸ENT OpTIONs. °IRD, THE ·NITED
namfuaK . R norahS
STaTEs’ NaTIONaL pRIORITy Of NEw TEcHNOLOgIEs Has INflUENcED OUR cOLLEcTIVE pERspEcTIVE ON THE TI¸INg Of DEaTH. ¹ODay IN THE ·NITED STaTEs, ¸OsT DEaTHs, REgaRDLEss Of a pERsON’s agE, HaVE cO¸E TO bE cONsIDERED pRE¸aTURE. ALL Of THE OUTcO¸E sTUDIEs, pRacTIcE gUIDELINEs, aND TEacHINg TOOLs wITHIN THE VasT EVIDENcE-basED ¸EDIcINE ¸aTRIx HaVE a sINgLE gOaL: TO pROVIDE a sTRONgER scIENTIfic fOUNDaTION fOR cLINIcaL pRacTIcE. YET THaT “scIENTIficaLLy basED” (aND EspEcIaLLy NU¸ERIcaLLy basED) ¸aTRIx O¸ITs THE sOcIaL, NONscIENTIfic, aND ¸Essy fEaTUREs Of HEaLTH caRE DELIVERy THaT INflUENcE wHaT DOcTORs DO aND wHaT HappENs TO paTIENTs. CONsIDER THE fOLLOwINg fiVE DEcIDEDLy NONscIENTIfic fEaTUREs: • PHysIcIaNs sO¸ETI¸Es acT agaINsT THEIR OwN bEsT jUDg¸ENT aND REcO¸¸END OR pREscRIbE INTERVENTIONs DEspITE THEIR kNOwN Lack Of Efficacy. • PaTIENTs aND fa¸ILIEs ask fOR TREaT¸ENTs THaT HaVE NOT bEEN pROVEN TO sHOw bENEfiT IN sTUDIEs, aND pHysIcIaNs, NOT INfREqUENTLy, acqUIEscE TO THEIR REqUEsTs. • °E pHaR¸acEUTIcaL aND ¸EDIcaL DEVIcE INDUsTRIEs aRE sLOw TO RE¸OVE DRUgs aND DEVIcEs fRO¸ THE ¸aRkETpLacE THaT Lack bENEfiT (OR THaT pROVE TO bE HaR¸fUL), aND DOcTORs ¸ay bE sLOw TO REfUsE TO UsE THE¸. • ±NcE a TREaT¸ENT Is REI¸bURsED by MEDIcaRE, THE DyNa¸Ics Of HOspITaL aND ¸EDIcaL cENTER EcONO¸Ics aND pHysIcIaN pREscRIbINg paTTERNs ¸akE IT NEaRLy I¸pOssIbLE fOR aLL cONcERNED TO say “NO” TO IT. MEDIcaRE REI¸bURsE¸ENT THUs sHapEs bOTH sTaNDaRD ¸akINg aND ETHIcaL NEcEssITy. ºT bEcO¸Es THE ETHIcs Of ¸aNagINg LIfE. • WHETHER TREaT¸ENTs THaT bENEfiT sO¸E caREfULLy sELEcTED TRIaL paRTIcIpaNTs wILL aLsO bENEfiT a ¸ORE DIVERsE gROUp Of paTIENTs, EspEcIaLLy cHILDREN aND OLDER pERsONs, Is aLways a qUEsTION aND OſtEN a TROUbLINg ONE fOR DOcTORs. ALL THEsE facTORs wEaVE THROUgH THE fRa¸EwORk Of wHaT wE caLL EVIDENcE- basED ¸EDIcINE, sHapINg THE wORk Of HEaLTH pROfEssIONaLs aND THE pRacTIcEs Of paTIENTs aND fa¸ILIEs. SO HOw DOEs EVIDENcE-basED ¸EDIcINE pLay OUT IN THE cLINIc aND IN REaL LIVEs? º DRaw fRO¸ THE Exa¸pLE Of THE I¸pLaNTabLE caRDIac DEfibRILLaTOR, THE i»d, a LITTLE TOOL LIkE a pacE¸akER I¸pLaNTED UNDER THE skIN, DEsIgNED TO cOR-
REcT a pOTENTIaLLy faTaL HEaRT RHyTH¸. °Is Is a THERapy THaT Has sHIſtED fRO¸ bEINg “UNTHINkabLE” a DEcaDE agO TO bEINg ROUTINE aND sTaNDaRD fOR OLDER
151
TwO THINgs HappENED: EVIDENcE fRO¸ cLINIcaL TRIaLs sHOwED gOOD sURVIVaL RaTEs, aND MEDIcaRE aND pRIVaTE INsURERs bEgaN TO REI¸bURsE fOR ITs UsE. As DEVIcEs sUcH as i»ds bEcO¸E s¸aLLER aND TEcHNIqUEs fOR I¸pLaNTINg THE¸ bEcO¸E safER, pHysIcIaNs aND THE pUbLIc HaVE LEaRNED TO VIEw THE¸ as sTaNDaRD INTERVENTIONs THaT ONE DOEs NOT EasILy REfUsE. ºN THE ·NITED STaTEs THEsE DEVELOp¸ENTs pRODUcE a sENsE THaT LIfE ExTENsION Is OpEN-ENDED as LONg as ONE TREaTs RIsk. °aT Is THE pREVaILINg, ORDINaRy LOgIc THaT DRIVEs sO ¸UcH TREaT¸ENT. BUT wHEN DO wE sTOp TREaTINg RIsk? °E i»d was UsED spaRINgLy UNTIL 2002 fOR THOsE wHO HaD aLREaDy sURVIVED a pOTENTIaLLy LETHaL HEaRT aTTack aND wERE aT HIgH RIsk fOR aNOTHER LIfE- THREaTENINg caRDIac EVENT. °EN ITs UsE bEgaN TO RIsE sUbsTaNTIaLLy. WHy? µINE cLINIcaL TRIaLs Of i»d UsE wERE cONDUcTED bETwEEN 2002 aND 2005, EacH ONE sHOwINg VaRyINg DEgREEs Of bENEfiT a¸ONg paTIENT pOpULaTIONs THaT HaD NOT ExpERIENcED a pOTENTIaLLy LIfE-THREaTENINg HEaRT RHyTH¸. ¹akEN TOgETHER, THE fiNDINgs fRO¸ THOsE NINE TRIaLs pROVIDED INcREasINg “EVIDENcE Of bENEfiT” Of THE i»d fOR sURVIVaL, aND THaT EVIDENcE LED MEDIcaRE, IN 2005, TO ExpaND THE ELIgIbILITy cRITERIa fOR REI¸bURsE¸ENT TO INcLUDE pRI¸aRy pREVENTION fOR THOsE wHO HaD NEVER sUffERED a pOTENTIaLLy faTaL caRDIac RHyTH¸. °E flOODgaTEs OpENED. µOw THEsE DEVIcEs HaVE bEcO¸E THE sTaNDaRD Of caRE fOR paTIENTs wITH ¸ODERaTE TO sEVERE HEaRT DIsEasE. °E I¸pORTaNT THINg abOUT THE i»d Is THaT, IN TREaTINg a pOTENTIaLLy LETHaL aRRHyTH¸Ia, IT pREVENTs sUDDEN DEaTH (THE sILENT HEaRT aTTack IN THE NIgHT), THE kIND Of DEaTH ¸aNy say THEy acTUaLLy waNT IN LaTE LIfE. YET THE DEVIcE Is DIfficULT TO REfUsE, EVEN IN VERy LaTE LIfE. WHy? BEcaUsE EVIDENcE ORgaNIzEs ITs ExpaNDED UsE, aND bEcaUsE IT sEE¸s TO gO agaINsT ¸EDIcaL pROgREss aND cO¸¸ON sENsE TO say “NO” TO IT. ºT Has bEcO¸E aN ORDINaRy paRT Of THE ¸EDIcO-sOcIO-ETHIcaL LaNDscapE. °E EffEcTs Of THIs LOgIc ¸OsT affEcT THE OLDEsT paTIENTs. ¹ODay, ¸ORE THaN 110,000 paTIENTs IN THE ·NITED STaTEs REcEIVE i»ds EacH yEaR. °ERE Is NO qUEsTION Of THE UNEqUIVOcaL “gOOD” Of THIs DEVIcE fOR pREVENTINg yOUNg pEOpLE fRO¸ DyINg. YET ¸OsT pEOpLE REcEIVINg i»ds aRE OLDER aND sIckER, wITH UNDERLyINg caRDIac DIsEasE, aND THE ELEcTRIcaL sHOcks fRO¸ i»ds DO NOT NEcEssaRILy ExTEND aN OLDER pERsON’s LIfE OR I¸pROVE ITs qUaLITy. ºNDEED, THE i»d TRaNsfOR¸s THE I¸¸EDIaTE RIsk Of DEaTH INTO THE NEaR cERTaINTy Of pROgREssIVE HEaRT faILURE. °E HOpE Of THIs LIfE-ExTENDINg TREaT¸ENT cO¸Es Up agaINsT a pROLONgED, UNwaNTED kIND Of LaTE LIfE aND DyINg.
enicideM yranidrO
pERsONs IN THE ·NITED STaTEs TODay. ºT bEca¸E THINkabLE, aND DOabLE, wHEN
CONsIDER Sa¸ ¹OLLEsON, wHO, LIkE sO¸E OTHER paTIENTs wITH i»ds, ENDURED
152
THE paIN Of THE DEVIcE’s sHOcks aND THE kNOwLEDgE THaT HIs DEbILITy was bEINg pROLONgED. AT agE EIgHTy-EIgHT, wHEN º ¸ET HI¸, MR. ¹OLLEsON HaD bEEN LIV-
namfuaK . R norahS
INg wITH caRDIac DIsEasE fOR TwENTy-fiVE yEaRs. ¹aLL aND THIN wITH pIERcINg bLUE EyEs aND a sHOck Of THIck wHITE HaIR, HE UsED OxygEN aND waLkED sLOwLy, bENT OVER HIs waLkER. ÁE gRacIOUsLy wELcO¸ED ¸E TO sIT DOwN IN HIs apaRT¸ENT aND cHaT. FOLLOwINg a sEcOND HEaRT aTTack aT agE EIgHTy, HE awOkE IN THE HOspITaL aND was TOLD THaT pHysIcIaNs HaD I¸pLaNTED a pacE¸akER THaT INcLUDED a DEfibRILLaTOR. °E pHysIcIaNs wERE fOLLOwINg sTaNDaRD pRacTIcE, DOINg wHaT was appROpRIaTE bOTH TO sTabILIzE HIs HEaRT RaTE (THE pacE¸akER) aND pREVENT sUDDEN DEaTH fRO¸ a fUTURE HEaRT aTTack (THE i»d). MR. ¹OLLEsON NOTED THaT IT wasN’T UNTIL sO¸ETI¸E aſtER gETTINg THE DEfibRILLaTOR THaT HE LEaRNED wHaT IT wOULD DO. AbOUT TwO yEaRs bEfORE wE ¸ET, wHEN HE was EIgHTy-sIx, THE i»d HaD bEgUN TO sHOck HIs pOTENTIaLLy LETHaL caRDIac RHyTH¸s back TO NOR¸aL. ±VER a pERIOD Of sEVERaL ¸ONTHs, MR. ¹OLLEsON was sHOckED fiſtEEN TI¸Es. “°ERE Is NO qUEsTION,” HE OffERED, “THaT THOsE sHOcks ExTENDED ¸y LIfE. ºT’s VERy LIkELy THaT ONE Of THOsE EpIsODEs, wITHOUT THE DEfibRILLaTOR, wOULD HaVE bEEN ¸y LasT.” °E fiRsT TEN sHOcks wERE, HE REpORTED, “spREaD OUT, OVER wEEks.” BUT wHEN HE REcEIVED fiVE sHOcks IN ONE Day, HE DEcIDED THaT HE HaD HaD ENOUgH. “°Ey wERE ¸ORE aND ¸ORE paINfUL. °E VERy THOUgHT THaT º was gOINg TO HaVE aNOTHER ONE—º cOULDN’T TakE IT.” SO HE ¸aDE aN appOINT¸ENT TO HaVE THE DEfibRILLaTOR paRT Of THE DEVIcE TURNED Off. °Is cHOIcE Is HIgHLy UNUsUaL. ºT sI¸pLy DOEs NOT OccUR TO ¸OsT paTIENTs OR THEIR fa¸ILIEs THaT THE DEVIcE, ONcE pLacED UNDER THE skIN, caN EasILy bE DEacTIVaTED aND THaT paTIENTs caN ¸akE THaT cHOIcE. MOsT pHysIcIaNs NEVER DIscUss THaT pOssIbILITy wITH paTIENTs. MR. ¹OLLEsON NOTED, “BOTH THE DOcTOR aND THE TEcHNIcIaN [fRO¸ THE DEVIcE cO¸paNy] wERE RELUcTaNT TO TURN IT Off. BUT º cONVINcED THE¸ . . . aND THaT DIsTREssED ¸y fa¸ILy TOO. °E fa¸ILy was VERy UpsET wITH ¸E. º HaVE THREE cHILDREN, aND THEy aLL cRIED. º HaD TO TaLk wITH THE¸ abOUT IT, aND º fELT TERRIbLE aſtER º TaLkED wITH THE¸.” ÁE cONTINUED, “PERHaps º sHOULD jUsT HaVE DONE wHaT THEy waNTED ¸E TO DO: kEEp THE i»d. BUT LIfE Is gETTINg HaRDER aLL THE TI¸E.” MR. ¹OLLEsON DIED TwO Days aſtER OUR cONVERsaTION. ScIENTIfic EVIDENcE, ROUTINE REI¸bURsE¸ENT, sTaNDaRD Of caRE, spEcIaLIsT ExpERTIsE, INDUsTRy’s gOaL TO sELL DEVIcEs, aND ¸EDIcINE’s ¸aNDaTE TO ExTEND LIfE aRE aLL sTRONg fORcEs. MR. ¹OLLEsON fOUND HI¸sELf NEEDINg TO DEfEND HIs DEcIsION TO TURN Off THE DEfibRILLaTOR, bOTH TO HIs fa¸ILy aND TO THE ¸EDIcaL sTaff. ÁE HaD cROssED THE LINE HE DID NOT wIsH TO cROss.
SINcE 20 pERcENT Of THOsE ON THE REcEIVINg END fOR THE i»d aRE NOw OVER EIgHTy, aND THE pROpORTION OVER agE NINETy Is gROwINg (IN sO¸E pLacEs gREaTER
153
TION TO DEaTH fOR sIgNIficaNT NU¸bERs Of pEOpLE. ºT sTaVEs Off DEaTH bUT DOEs NOT I¸pROVE HEaLTH. ºT TURNs LIfE-THREaTENINg DIsEasE INTO a cHRONIc cONDITION ENabLINg pEOpLE TO gROw OLDER, IN NEED Of ¸ORE INTERVENTION, ¸ORE RIsk awaRENEss, aND ¸ORE pREVENTION—aLL aT THE sa¸E TI¸E. °Is Is wHERE EVIDENcE Has cO¸E TO REsT IN THE casE Of THE i»d: IN THE kIND Of DEaTH wE aRE askED TO cHOOsE, aND IN a NEw, UNcO¸fORTabLE ENgagE¸ENT wITH ONE’s OwN ROLE IN THE TI¸INg Of DEaTH. ¹O cONcLUDE: ¸akE NO ¸IsTakE, THIs TEcHNOLOgy ExTENDs waNTED LIfE fOR ¸aNy pEOpLE. °aT Is, Of cOURsE, THE cRUx Of THE ¸aTTER. ºT Has aLsO OpENED Up aN EVER-ExpaNDINg ¸aRkET fOR OTHER caRDIac DEVIcEs, bEcaUsE wHEN THIs ONE NO LONgER DOEs THE jOb, ONE caN gRaDUaTE TO THE lv¾d—THE LEſt VENTRIcULaR assIsT DEVIcE, OR HEaRT pU¸p, wHIcH cOsTs TEN TI¸Es as ¸UcH. ´acH DEVIcE TRIggERs qUaNDaRIEs abOUT HOw ONE caN OR sHOULD LIVE IN RELaTION TO ¸EDIcaL TREaT¸ENT, EspEcIaLLy as ONE agEs. µOwHERE a¸ º sEEkINg TO ¸akE a casE fOR OR agaINsT THE UsE Of THE i»d OR aNy OTHER THERapy. ³aTHER, THE qUEsTIONs fOR ¸E aRE: ÁOw HaVE cLINIcaL NOR¸s aND OUR VERy LIVEs bEEN caUgHT Up IN THE pERfEcT sTOR¸ Of ORDINaRy, EVIDENcE-basED ¸EDIcINE? ÁOw aND wHy DO EVIDENcE-basED THERapEUTIcs bRINg INcREasINg NU¸bERs Of paTIENTs aND fa¸ILIEs, pOLITIcIaNs, aND INDEED OUR ENTIRE sOcIETy TO facE THE qUaNDaRy Of DRawINg THE LINE, aND TO cO¸pLaIN LOUDLy abOUT THE sysTE¸s THaT cREaTE THaT LINE? ÁOw, as ¸ORE Of Us cO¸E TO waNT, NEED, OR acqUIEscE TO THEsE TREaT¸ENTs, DO THE pROfOUND EffEcTs Of EVIDENcE ON ¸EDIcaL pRacTIcE aND EVERyDay LIfE ORgaNIzE OUR “pOsTpROgREss pREDIca¸ENT”?
enicideM yranidrO
THaN 10 pERcENT), THE DEVIcE Is REsHapINg THE agINg ExpERIENcE aND THE TRaNsI-
“ETh±cs And Cl±n±cAl ¶eseARch” »H± 50TH ºNNIV±RSARY Of B±±cH±R’S BOMbSH±ll David S. Jones, Christine Grady, and Susan E. Lederer
ÁU¸aN-sUbjEcTs REsEaRcH REcEIVEs INTENsE scRUTINy TODay. ³EsEaRcHERs, INsTITUTIONs, fUNDERs, aND jOURNaLs pay sERIOUs aTTENTION TO ETHIcaL cONDUcT. YET cONTROVERsIEs cONTINUE, wHETHER abOUT ExpERI¸ENTINg wITH OxygEN LEVELs IN NEONaTaL INTENsIVE caRE OR wITH THE DUTy HOURs Of sURgIcaL REsIDENTs.Ã,Ä SO¸E cO¸¸ENTaTORs HaVE EVEN aRgUED THaT aNxIETy OVER THE ETHIcs Of ´bOLa REsEaRcH cREaTED DELays THaT REsULTED IN LOsT OppORTUNITIEs.Æ MaNy REsEaRcHERs aND bIOETHIcIsTs bELIEVE THaT sERIOUs DIscUssIONs Of REsEaRcH ETHIcs bEgaN aſtER WORLD WaR ºº.ΖР°E acTUaL HIsTORy Is LONgER aND ¸ORE cO¸pLEx. µONETHELEss, ÁENRy BEEcHER’s “´THIcs aND CLINIcaL ³EsEaRcH,” pUbLIsHED 50 yEaRs agO, pLayED aN I¸pORTaNT ROLE. BEEcHER waRNED REsEaRcHERs aND THE pUbLIc abOUT sERIOUs pRObLE¸s wITH REsEaRcH IN THE ·NITED STaTEs aND ExHORTED REsEaRcHERs TO REfOR¸.Ñ ³EsEaRcH REgULaTIONs pROLIfERaTED IN THE ENsUINg DEcaDEs. ÁOwEVER, as BEEcHER sURELy aNTIcIpaTED, NEw pOLIcIEs aND pROcEDUREs HaVE NOT REsOLVED EVERy DILE¸¸a. µOw, as IN 1966, REasONabLE pEOpLE DIsagREE abOUT REsEaRcH ETHIcs.
Research Ethics ±efore 1966: Regulate or Rely on Virtue ÁU¸aNs HaVE ExpERI¸ENTED ON HU¸aNs fOR ¸ILLENNIa, aND THEy HaVE LONg bEEN awaRE Of ETHIcaL RIsks.Ò ÁU¸aN REsEaRcH ExpaNDED IN THE LaTE NINETEENTH cENTURy as pHysIcIaNs TEsTED NEw THEORIEs aND TEcHNOLOgIEs. × ´THIcaL cONcERNs RE¸aINED paRa¸OUNT. CLaUDE BERNaRD sET a HIgH baR IN 1865: “°E pRINcI-
¶aVID S. JONEs, CHRIsTINE GRaDy, aND SUsaN ´. ²EDERER, “ ‘´THIcs aND CLINIcaL ³EsEaRcH’—°E 50TH ANNIVERsaRy Of BEEcHER’s BO¸bsHELL,” fRO¸ New England Journal of Medicine 374 (2016): 2383–2389. © 2016 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
pLE Of ¸EDIcaL aND sURgIcaL ¸ORaLITy cONsIsTs IN NEVER pERfOR¸INg ON ¸aN aN ExpERI¸ENT wHIcH ¸IgHT bE HaR¸fUL TO HI¸ TO aNy ExTENT, EVEN THOUgH
155
WILLIa¸ ±sLER INsIsTED
THaT REsEaRcHERs ExpERI¸ENT ON paTIENTs ONLy If “DIREcT bENEfiT Is LIkELy” aND ONLy wITH “fULL cONsENT.” ±THERwIsE “THE sacRED cORD wHIcH bINDs pHysIcIaN aND paTIENT sNaps INsTaNTLy.”Ãà SO¸E REsEaRcHERs HEEDED THEsE TENETs. WaLTER ³EED sOLIcITED VOLUNTEERs fRO¸ A¸ERIcaN sOLDIERs aND REcENT SpaNIsH I¸¸IgRaNTs IN CUba, OffERED THE¸ pay¸ENT, aND HaD THE¸ sIgN cONTRacTs cERTIfyINg THEIR awaRENEss Of THE RIsks bEfORE ExpOsINg THE¸ TO yELLOw fEVER. ±THER REsEaRcHERs TRIggERED scaNDaLs by INfEcTINg paTIENTs, ORpHaNs, OR asyLU¸ IN¸aTEs wITH paTHOgENs wITHOUT THEIR kNOwLEDgE.Ò,× ºN 1916, WaLTER CaNNON pUsHED THE A¸ERIcaN MEDIcaL AssOcIaTION (¾m¾) TO ¸aNDaTE INfOR¸ED cONsENT fOR REsEaRcH.ÃÄ °E ORgaNIzaTION REfUsED, aRgUINg THaT ¸IscONDUcT was a pRObLE¸ Of ROgUE REsEaRcHERs, NOT REsEaRcH ITsELf. °E ¾m¾ bELIEVED THaT TRUsT, NOT REgULaTION, wOULD fOsTER bETTER REsEaRcH aND cLINIcaL caRE.× WORLD WaR ºº pRO¸pTED ExTENsIVE HU¸aN ExpERI¸ENTaTION. A¸ERIcaN REsEaRcHERs wERE OſtEN scRUpULOUs IN THEIR UsE Of INfOR¸ED, cONsENTINg VOLUNTEERs bUT sO¸ETI¸Es pREssURED sOLDIERs TO VOLUNTEER wITHOUT fULL kNOwLEDgE Of THE RIsks aND sO¸ETI¸Es UsED INsTITUTIONaLIzED pOpULaTIONs.Ò,ÃÆ–ÃÏ GER¸aN aND JapaNEsE REsEaRcHERs wENT fURTHER, cO¸¸ITTINg aTROcITIEs IN THE Na¸E Of scIENTIfic REsEaRcH.ÃÐ,ÃÑ WHEN aLLIED aUTHORITIEs pROsEcUTED µazI pHysIcIaNs aT THE WaR CRI¸Es ¹RIbUNaL, THEy IssUED THE µURE¸bERg CODE, spEcIfyINg THaT REsEaRcHERs sHOULD aLways REcRUIT cO¸pETENT REsEaRcH sUbjEcTs wHO UNDERsTOOD THE NaTURE Of THE REsEaRcH aND VOLUNTaRILy cONsENTED TO paRTIcIpaTE.ÃÒ,Ã× °E CODE, HOwEVER, HaD NO bINDINg LEgaL aUTHORITy, aND A¸ERIcaN REsEaRcHERs REspONDED IN cO¸pLEx ways. SO¸E gOVERN¸ENT agENcIEs IssUED NEw gUIDELINEs—IN 1953, fOR INsTaNcE, THE sEcRETaRy Of DEfENsE ¸aNDaTED wRITTEN cONsENT IN ¸ILITaRy REsEaRcH ON aTO¸Ic, bIOLOgIc, aND cHE¸IcaL wEapONs (THOUgH THIs pOLIcy was kEpT “TOp sEcRET”).ÄØ °E sa¸E yEaR, THE µaTIONaL ºNsTITUTEs Of ÁEaLTH (nih) CLINIcaL CENTER I¸pLE¸ENTED pEER REVIEw aND INfOR¸ED cONsENT fOR REsEaRcH ON HEaLTHy VOLUNTEERs. ºN OTHER VENUEs, HOwEVER, ¸UcH was LEſt TO REsEaRcHERs’ DIscRETION.Ò,Äà MaNy ·.S. scIENTIsTs bELIEVED THaT THE CODE, a REspONsE TO THE wORk Of ExpERI¸ENTs by µazI REsEaRcHERs, DID NOT appLy TO THE¸. ÄÄ ±THERs UNDERsTOOD THE NEED fOR gUIDELINEs bUT sOUgHT TO ¸ODERaTE THE CODE’s sTRIcT LaNgUagE. FOR INsTaNcE, as THE WORLD MEDIcaL AssOcIaTION DRaſtED ITs 1964 ¶EcLaRaTION Of ÁELsINkI, ·.S. REpREsENTaTIVEs, wITH fUNDINg fRO¸ THE pHaR¸acEUTIcaL INDUsTRy,
” h c r a e s e R l a c i n i l C d n a s c i h t E“
THE REsULT ¸IgHT bE HIgHLy aDVaNTagEOUs TO scIENcE.”
ÃØ
bLOckED THE REqUIRE¸ENT fOR INfOR¸ED cONsENT IN aLL casEs, bELIEVINg IT
156
wOULD THREaTEN pLacEbO-cONTROLLED DRUg TRIaLs. °Ey aLsO bLOckED a baN ON REsEaRcH ON INsTITUTIONaLIzED cHILDREN aND pRIsON IN¸aTEs, wHO wERE wIDELy
r e r e d e L d n a , y d a r G , s e n o J
UsED TO TEsT VaccINEs aND DRUgs.ÄÆ SI¸ILaRLy, wHEN THE SENaTE DEbaTED a 1962 a¸END¸ENT THaT wOULD HaVE ¸aNDaTED INfOR¸ED cONsENT fOR REsEaRcH wITH ExpERI¸ENTaL DRUgs, DOzENs Of LEaDINg REsEaRcHERs pROTEsTED. ±NE DEscRIbED INfOR¸ED cONsENT as “a sNaRE aND DELUsION”: “IT Is fOR THE ¸OsT paRT I¸pOssIbLE TO acHIEVE aND Is cERTaIN TO DO ¸ORE HaR¸ THaN gOOD.” ÁENRy BEEcHER wORRIED THaT THE pROVIsION wOULD cRIppLE THE cOUNTRy’s LEaD IN DRUg REsEaRcH, IN paRT by pREVENTINg REsEaRcH ON cHILDREN aND THE ¸ENTaLLy ILL.ÄÎ,ÄÏ ScaNDaLs, HOwEVER, RaIsED qUEsTIONs abOUT wHETHER TO TRUsT ·.S. REsEaRcHERs. ºN 1964, NEws bROkE THaT 22 paTIENTs aT THE JEwIsH CHRONIc ¶IsEasE ÁOspITaL IN BROOkLyN HaD bEEN INjEcTED wITH caNcER cELLs wITHOUT THEIR kNOwLEDgE. °E ¸EDIa fiREsTOR¸, HEaRINgs, aND LawsUITs RaIsED fUNDa¸ENTaL qUEsTIONs abOUT ¸EDIcaL REsEaRcH. ÁOwEVER, THE REsEaRcHERs fRO¸ ME¸ORIaL SLOaN KETTERINg wHO cONDUcTED THE sTUDy REcEIVED NO sERIOUs saNcTION.ÄÐ
“Ethics and Clinical Research” By 1950, ÁENRy BEEcHER, aN aNEsTHEsIOLOgIsT aT MassacHUsETTs GENERaL ÁOspITaL, HaD E¸ERgED as a REspEcTED REsEaRcHER, HaVINg Exa¸INED baTTLEfiELD TRaU¸a, THE safETy Of aNEsTHEsIa, sUbjEcTIVE ExpERIENcEs (E.g., paIN, THIRsT, aND NaUsEa), aND pLacEbO REspONsEs. Î,Ò,ÄÄ,ÄÑ,ÄÒ ÁE aDVOcaTED caREfUL REsEaRcH ¸ETHODs, INcLUDINg THE UsE Of pLacEbO cONTROLs. ÁE HaD aLsO cONsULTED fOR THE ¸ILITaRy abOUT THE UsE Of ¸EscaLINE aND l¼d as “TRUTH sERU¸s,” REsEaRcH THaT INVOLVED DIscUssIONs wITH CENTRaL ºNTELLIgENcE AgENcy INTERROgaTORs aND fOR¸ER GEsTapO OfficIaLs.Ä× °Is wORk gOT BEEcHER INTEREsTED IN “cERTaIN pRObLE¸s Of HU¸aN ExpERI¸ENTaTION.”ÆØ ºN 1952, HE askED PENTagON OfficIaLs fOR THEIR NEw pOLIcy ON HU¸aN REsEaRcH. ºN 1955, HE wROTE TO aN ´NgLIsH cOLLEagUE TO LEaRN abOUT THE MEDIcaL ³EsEaRcH COUNcIL INsTRUcTIONs fOR INVEsTIgaTORs aND EDITORs. ÆØ ºN 1959 aND 1963, BEEcHER pUbLIsHED aRTIcLEs IN ¼½¾½ abOUT THE ROLE cONflIcT facED by pHysIcIaN-INVEsTIgaTORs.ÆÃ,ÆÄ µEITHER gENERaTED ¸UcH REspONsE. ÁE THEN cOLLEcTED Exa¸pLEs Of TROUbLINg bEHaVIOR by ·.S., CaNaDIaN, aND ´UROpEaN REsEaRcHERs. FOR INsTaNcE, HE Exa¸INED 100 cONsEcUTIVE aRTIcLEs IN THE Journal of Clinical Investigation (¼ÃÄ ) aND cONcLUDED THaT 12 wERE “UNETHIcaL OR qUEsTIONabLy ETHIcaL.” ÁE cO¸pILED a sET Of 50 aRTIcLEs ON sTUDIEs fUNDED
by gOVERN¸ENT agENcIEs, cONDUcTED aT LEaDINg INsTITUTIONs, aND pUbLIsHED IN LEaDINg jOURNaLs. ÁE TOOk caRE TO ENsURE THaT HIs cRITIqUEs wERE faIR. FOR
157
abOUT THE Journal ’s DEcIsION TO pUbLIsH a sTUDy Of THy¸EcTO¸y IN cHILDREN; GaRLaND aD¸ITTED THaT THE ETHIcaL REVIEw HaD bEEN INaDEqUaTE.ÆØ BEEcHER aLsO REcOgNIzED HIs OwN ¸IsTakEs. ÁE REgRETTED a 1948 sTUDy IN wHIcH REsEaRcHERs IN HIs LabORaTORy, wITHOUT aDEqUaTE cONsENT, pROLONgED aNEsTHEsIa “bEyOND THaT NEcEssaRy” TO sTUDy THE EffEcTs ON kIDNEy fUNcTION.ÆØ,ÆÆ BEEcHER THEN accEpTED aN INVITaTION TO spEak aT a cONfERENcE IN MaRcH 1965. ÁE DELIVERED a “bO¸bsHELL.” AſtER REVIEwINg THE JEwIsH CHRONIc ¶IsEasE ÁOspITaL cONTROVERsy, HE pROcEEDED, wITHOUT Na¸INg Na¸Es, TO DEscRIbE 17 aDDITIONaL casEs IN wHIcH REsEaRcHERs HaD faILED TO ObTaIN cONsENT OR HaD HaR¸ED THEIR REsEaRcH sUbjEcTs: “wHaT sEE¸ TO bE bREacHEs Of ETHIcaL cONDUcT IN ExpERI¸ENTaTION aRE by NO ¸EaNs RaRE, bUT aRE aL¸OsT, ONE fEaRs, UNIVERsaL.”ÆØ ³EacTION fRO¸ HIs cOLLEagUEs was I¸¸EDIaTE. °O¸as CHaL¸ERs aND ¶aVID ³UTsTEIN caLLED a pREss cONfERENcE TO accUsE BEEcHER Of “gROss aND IRREspONsIbLE ExaggERaTION.”ÆÎ BEEcHER cONDE¸NED THEIR kaNgaROO cOURT aND accUsED THE¸ Of DEfa¸aTION Of cHaRacTER.ÆØ °E ExcHaNgE REcEIVED ExTENsIVE ¸EDIa cOVERagE. AſtER aN INqUIRy TO Science, BEEcHER sUb¸ITTED HIs ¸aNUscRIpT TO ¼½¾½ IN AUgUsT. °E EDITOR REjEcTED IT, cITINg ITs ExcEssIVE LENgTH (IT DEscRIbED 50 REsEaRcH sTUDIEs) aND pOOR ORgaNIzaTION. BEEcHER sUb¸ITTED a REVIsED ¸aNUscRIpT TO THE Journal IN µOVE¸bER. GaRLaND sENT IT “TO sO¸E pIckED REVIEwERs,” ExpEcTINg NO sERIOUs pRObLE¸s. SIx Of THE sEVEN REcO¸¸ENDED agaINsT pUbLIcaTION: THERE wERE TOO ¸aNy casEs; BEEcHER DID NOT aLLOw THE INVEsTIgaTORs TO TELL THEIR sIDE Of THE sTORy; ¸aNy REaDERs wOULD REcOgNIzE THE “aNONy¸OUs” casEs; aND HIs cRITIqUEs HaD aLREaDy REcEIVED ExTENsIVE ¸EDIa cOVERagE. ±NE REVIEwER sUppORTED pUbLIcaTION, bUT ONLy If THE Journal ObTaINED a LEgaL OpINION “REgaRDINg aNy pOssIbLE pRObLE¸s.”ÆØ °E EDITORIaL bOaRD VOTED TO REjEcT THE sUb¸IssION, bUT GaRLaND OVERRULED THE¸. ÆÏ BLURRINg THE LINE bETwEEN EDITOR aND cOaUTHOR, HE HELpED BEEcHER REVIsE THE ¸aNUscRIpT. BEEcHER REDUcED THE Exa¸pLEs TO 25 aND pROVIDED GaRLaND wITH THEIR cITaTIONs. GaRLaND cONVENED a “bRaIN cabINET” (TwO cOLLEagUEs) TO assEss BEEcHER’s accUsaTIONs; THEy sETTLED ON a fiNaL LIsT Of 22 casEs. GaRLaND aLsO ¸ODERaTED BEEcHER’s LaNgUagE: “º HaVE TRIED TO O¸IT aNyTHINg accUsaTORy OR EspEcIaLLy cRITIcaL, sINcE wHaT wE waNT Is NOT aN INDIcT¸ENT bUT a sObER aND UNDRa¸aTIc pREsENTaTION Of wHaT Has bEEN DONE aND Is bEINg DONE IN VIOLaTION Of basIc ETHIcs.”ÆØ °E Journal pUbLIsHED THE aRTIcLE IN JUNE wITH aN EDITORIaL by GaRLaND.Ñ,ÆÐ
” h c r a e s e R l a c i n i l C d n a s c i h t E“
INsTaNcE, HE qUERIED New England Journal of Medicine EDITOR JOsEpH GaRLaND
°E casEs ¸aDE fOR sHOckINg REaDINg. BEEcHER fOcUsED ON HU¸aN ExpERI-
158
¸ENTs IN wHIcH paTIENTs wERE UsED NOT fOR THEIR bENEfiT, “bUT fOR THaT, aT LEasT IN THEORy, Of paTIENTs IN gENERaL.”Ñ ³EsEaRcHERs sO¸ETI¸Es wITHHELD kNOwN
r e r e d e L d n a , y d a r G , s e n o J
TREaT¸ENTs. ºN THE casE BEEcHER cONsIDERED ¸OsT EgREgIOUs, pENIcILLIN was wITHHELD fRO¸ 109 sOLDIERs wITH sTREpTOcOccaL INfEcTIONs; acUTE RHEU¸aTIc fEVER DEVELOpED IN TwO aND acUTE NEpHRITIs IN ONE. ºN sO¸E casEs, paTIENTs ExpERIENcED HaR¸ OR RIsk Of HaR¸ wITHOUT bENEfiT. ºN OTHERs, REsEaRcHERs HaD NOT ObTaINED cONsENT. °E Exa¸pLEs wERE NOT fRO¸ a LUNaTIc fRINgE.Î FOUR ca¸E fRO¸ ÁaRVaRD MEDIcaL ScHOOL, THREE fRO¸ THE nih CLINIcaL CENTER, aND THE REsT fRO¸ OTHER pRO¸INENT INsTITUTIONs. °E casEs HaD passED pEER aND EDITORIaL REVIEw aT THE Journal (fiVE aRTIcLEs), ¼ÃÄ (fiVE), ¼½¾½ (TwO), aND Circulation (TwO). BEEcHER INsIsTED THaT THE REsEaRcHERs NOT bE Na¸ED: “º HaVE NO wIsH TO pOINT a fiNgER aT INDIVIDUaLs. º was pOINTINg TO aN aLL-TOO-gENERaL pRacTIcE.”ÆØ,ÆÑ GaRLaND accEpTED BEEcHER’s REqUEsT aND askED REaDERs TO TRUsT THE Journal’s assEss¸ENT Of THE VERacITy Of BEEcHER’s accUsaTIONs. BEEcHER was bEsIEgED by REqUEsTs TO IDENTIfy HIs sOURcEs bUT sTEaDfasTLy REfUsED. As HE ExpLaINED TO ARNOLD ³EL¸aN, THEN EDITOR Of ¼ÃÄ , “º a¸ assURED by a pROfEssOR IN THE ÁaRVaRD ²aw ScHOOL THaT THE INDIVIDUaLs INVOLVED cOULD bE sUbjEcTED TO cRI¸INaL pROsEcUTION, aND º HaVE NO wIsH TO INVITE sUcH acTION.” ÆØ BEEcHER HaD DIVIDED LOyaLTIEs. ´VEN as HE DREw aTTENTION TO ¸IscONDUcT, HE DID NOT waNT REsEaRcHERs TO sUffER LEgaL cONsEqUENcEs.Î SINcE HE ExpEcTED THaT ¸aNy casEs wOULD bE REcOgNIzED by THE REsEaRcH cO¸¸UNITy, HE ¸IgHT HaVE HOpED THaT THE REsEaRcHERs wOULD bE sHa¸ED a¸ONg THEIR pEERs, If NOT pUbLIcLy. ³E¸aRkabLy, wHEN THE REsEaRcHERs wERE UN¸askED IN 1991, THEy REcEIVED LITTLE aTTENTION.Ò,ÆÒ,Æ× ³EacTIONs IN 1966 VaRIED wIDELy. MEDIcaL REsEaRcHERs wERE OſtEN aNgRy aND DEfENsIVE, cLINIcIaNs wERE OUTRagED by REsEaRcHERs’ cONDUcT, aND THE pUbLIc pILED ON wITH THEIR OwN accOUNTs Of pHysIcIaN ¸IscONDUcT.ÄÒ °E REsEaRcHERs REspONsIbLE fOR ONE Of BEEcHER’s casEs pUbLIsHED a LETTER TO THE EDITOR: “¶R. BEEcHER qUOTEs OUT Of cONTExT, OVERsI¸pLIfiEs aND OTHERwIsE DIsTORTs THE pURpOsE aND fiNDINgs Of OUR INVEsTIgaTION.”ÎØ BEEcHER DIs¸IssED THE¸: “º DO NOT bELIEVE THIs Is sO, aND ObVIOUsLy NEITHER DID THE 3 EDITORs wHO cHEckED ¸y casEs.”ÆÑ ´UgENE BRaUNwaLD, INVOLVED IN THREE Of BEEcHER’s casEs aT THE nih CLINIcaL CENTER, pREpaRED a pOINT-by-pOINT cRITIqUE, aRgUINg THaT BEEcHER ¸IsUNDERsTOOD THE ROLE Of paTIENTs aND HEaLTHy VOLUNTEERs aND THE ROLE Of cONsENT aT THE CLINIcaL CENTER. BUT REcOgNIzINg THE VaLUE Of sO¸E Of BEEcHER’s cRITIqUEs, BRaUNwaLD DEcIDED NOT TO REspOND.ÎÃ
ºT was cLEaR THaT THOUgHTfUL REsEaRcHERs cOULD DIsagREE. BEEcHER’s LIsT INcLUDED sTUDIEs aT THE WILLOwbROOk STaTE ScHOOL, IN wHIcH REsEaRcHERs HaD
159
As HE ExpLaINED TO ONE cRITIc,
“°E THOUgHT THaT sO¸E wOULD HaVE agREED THaT DELIbERaTE INfEcTION was aLL RIgHT sINcE THE sUbjEcTs wERE ¸ENTaL DEfEcTIVEs gIVEs ¸E THE µazI sHUDDERs.”ÆØ °E sTUDy’s DEfENDERs, HOwEVER, appEaLED TO OTHER jUsTIficaTIONs. GEOffREy ´DsaLL, fRO¸ THE MassacHUsETTs ¶EpaRT¸ENT Of PUbLIc ÁEaLTH, TOLD BEEcHER THaT “If º HaD a cHILD IN WILLOwbROOk, aND If º HaD HaD IT cLEaRLy ExpLaINED TO ¸E—as KRUg¸aN ET aL. DID wITH THE paRENTs Of HIs cHILDREN—THaT ¸y cHILD was bOUND TO cO¸E DOwN wITH HEpaTITIs sOONER OR LaTER, as aLL THE cHILDREN DO IN WILLOwbROOk; If º was THEN askED TO pER¸IT ¸y cHILD TO bE paRT Of aN ExpERI¸ENT wHIcH HOpEfULLy wOULD bE Of bENEfiT TO ¸aN, º wOULD bE DELIgHTED TO HaVE THaT OppORTUNITy TO aLLOw THE cHILD TO cONTRIbUTE.” ºf ETHIcaL baRRIERs wERE sET TOO HIgH, ´DsaLL aRgUED, THEy wOULD DIsRUpT “THE TREND Of pROgREss THaT aLL HU¸aN bEINgs waNT, aND THaT THE VasT ¸ajORITy aRE wILLINg TO cONTRIbUTE TO.”ÆØ
The Aftermath ¶EspITE BEEcHER’s fERVOR, HIs gOaLs wERE ¸ODEsT. ÁE qUaLIfiED HIs “TROUbLINg cHaRgEs” wITH THE affiR¸aTION THaT “A¸ERIcaN ¸EDIcINE Is sOUND, aND ¸OsT pROgREss IN IT Is sOUNDLy aTTaINED.” Ñ ÁE HOpED THaT sI¸pLy REVEaLINg pRObLE¸s wOULD bE sUfficIENT TO aDDREss THE¸. As HE TOLD GaRLaND, “¸OsT Of THE ETHIcs ERRORs aRE OwINg TO THOUgHTLEssNEss OR caRELEssNEss, NOT a VIcIOUs DIsREgaRD fOR THE paTIENTs’ RIgHTs. º a¸ UTTERLy cONVINcED THaT caLLINg aTTENTION TO THE ETHIcaL pRObLE¸s INVOLVED wILL LEaD TO ELI¸INaTION Of THE VasT ¸ajORITy Of ¸IsTakEs.” ÆØ ÁE DID NOT REcO¸¸END NEw REgULaTIONs OR fOR¸aL OVERsIgHT, INsTEaD E¸pHasIzINg THE I¸pORTaNcE Of INfOR¸ED cONsENT aND “THE ¸ORE RELIabLE safEgUaRD pROVIDED by THE pREsENcE Of aN INTELLIgENT, INfOR¸ED, cONscIENTIOUs, cO¸passIONaTE, REspONsIbLE INVEsTIgaTOR.”Ñ BEEcHER’s ExpOsé HaD I¸¸EDIaTE I¸pacT. ME¸bERs Of CONgREss wROTE TO THE nih INqUIRINg abOUT pOssIbLE cORREcTIVE acTIONs.Ò BEEcHER’s aRTIcLE pROVIDED sUppORT fOR a 1965 pROpOsaL by nih DIREcTOR Ja¸Es SHaNNON TO REqUIRE pEER REVIEw Of REsEaRcH, pROTEcT THE RIgHTs aND wELfaRE Of paRTIcIpaNTs, aND ENsURE appROpRIaTE INfOR¸ED cONsENT. ÎÆ ÁIsTORIaN ¶aVID ³OTH¸aN HIgHLIgHTs 1966 as THE sTaRT Of a bROaD TRaNsfOR¸aTION Of bIOETHIcs aND THE paTIENT- DOcTOR RELaTIONsHIp, as paTIENTs, LawyERs, aND ETHIcIsTs sHapED ¸EDIcINE’s
” h c r a e s e R l a c i n i l C d n a s c i h t E“
INfEcTED DIsabLED cHILDREN wITH HEpaTITIs.
Ñ,ÎÄ
¸ORaL cODE. BEEcHER, accORDINg TO ³OTH¸aN, HaD jOINED THE RaNks Of ÁaRRIET
160
BEEcHER STOwE, ·pTON SINcLaIR, aND ³acHEL CaRsON. Ò °EsE cHaNgEs, HOwEVER, wERE NOT a REspONsE TO a sINgLE aRTIcLE. BEEcHER
r e r e d e L d n a , y d a r G , s e n o J
HaD pUbLIsHED REpEaTEDLy abOUT REsEaRcH ETHIcs. MaURIcE PappwORTH wORkED IN paRaLLEL IN ´NgLaND TO ExpOsE UNETHIcaL REsEaRcH.ÄÄ ºN FEbRUaRy 1966, bETwEEN BEEcHER’s cONfERENcE pREsENTaTION aND pUbLIcaTION Of THE aRTIcLE, THE ·.S. SURgEON GENERaL REqUEsTED THaT HOspITaLs aND UNIVERsITIEs EsTabLIsH REVIEw bOaRDs. Äà MaNy scHOLaRs jOINED THE DIscUssION aſtER BEEcHER.ÎÎ AND scaNDaLs cONTINUED TO E¸ERgE. °E ¹UskEgEE sypHILIs sTUDy, wHIcH sEIzED pUbLIc aTTENTION IN 1972, was THE ¸OsT fa¸OUs.ÎÏ ºN REspONsE, SENaTOR ´DwaRD KENNEDy (¶-MA) HELD HEaRINgs ON HU¸aN ExpERI¸ENTaTION THaT LED TO THE µaTIONaL ³EsEaRcH AcT IN 1974 aND THE µaTIONaL CO¸¸IssION fOR THE PROTEcTION Of ÁU¸aN SUbjEcTs. °E CO¸¸IssION’s 1979 BEL¸ONT ³EpORT gUIDED THE sysTE¸s THaT cONTINUE TO REgULaTE HU¸aN REsEaRcH IN THE ·NITED STaTEs.Ò,× WOULD BEEcHER bE saTIsfiED wITH cURRENT aRRaNgE¸ENTs? ÁE pUT HIs TRUsT IN TwO safEgUaRDs: INfOR¸ED cONsENT aND VIRTUOUs REsEaRcHERs. ºNfOR¸ED cONsENT Is aL¸OsT aLways ObTaINED TODay, THOUgH IT RE¸aINs I¸pERfEcT.ÎÐ ºNVEsTIgaTOR VIRTUE Is HIgHLy VaLUED, yET IRONIcaLLy, THE cO¸pLIaNcE cULTURE Of ¸ODERN HU¸aN-sUbjEcTs pROTEcTION assU¸Es THaT INVEsTIgaTORs caNNOT bE RELIED ON.ÎÑ ¶IscUssIONs Of ETHIcs HaVE bEcO¸E UbIqUITOUs IN THE REsEaRcH cO¸¸UNITy, sO¸ETHINg BEEcHER wOULD HaVE appLaUDED. ÁOwEVER, REsEaRcHERs cO¸pLaIN THaT INsTITUTIONaL REVIEw bOaRDs HaVE LOsT sIgHT Of THEIR ORIgINaL pURpOsE Of pROTEcTINg HU¸aN sUbjEcTs, fOcUsINg INsTEaD ON bUREaUcRaTIc ¸INUTIaE.ÎÒ AND REsEaRcHERs sTILL wORRy THaT ExcEssIVE aTTENTION TO ETHIcs caN HINDER THE REsEaRcH ENTERpRIsE. ARE wE—50 yEaRs aſtER BEEcHER—bETTER THaN OUR pREDEcEssORs aT REcOgNIzINg aND pREVENTINg UNETHIcaL REsEaRcH? ALL BEEcHER’s Exa¸pLEs HaD bEEN pUbLIsHED IN pRO¸INENT jOURNaLs, yET fEw HaD INspIRED aN OUTcRy. WE assU¸E THaT wE aRE NOw ¸ORE sENsITIVE TO ETHIcaL cONcERNs THaN pasT REsEaRcHERs, aND wE ¸ay wELL bE. WE HaVE wELL-EsTabLIsHED gUIDELINEs THaT DID NOT pREVIOUsLy ExIsT. Î× BUT sENsITIVITy TO REsEaRcH ETHIcs DID ExIsT, EVEN If pasT REsEaRcHERs REsIsTED fOR¸aL REgULaTION: ¸aNy UNDERsTOOD HOw THEy OUgHT TO bEHaVE TOwaRD REsEaRcH sUbjEcTs aND wORRIED abOUT THEIR faILUREs TO DO sO. µEVERTHELEss, ETHIcaL faILUREs OccURRED THROUgHOUT THE TwENTIETH cENTURy aND cONTINUE IN THE TwENTy-fiRsT. °REE LEssONs aRE cLEaR. FIRsT, ETHIcaL VaLUEs cHaNgE OVER TI¸E, aND IT Is I¸pORTaNT TO UNDERsTaND HOw aND wHy. SEcOND, THERE Is NOT aLways cONsENsUs ON wHaT cOUNTs as ETHIcaL REsEaRcH, OR wHO caN bE appROpRIaTE REsEaRcH
sUbjEcTs: THOUgHTfUL pEOpLE OſtEN DIsagREE. ARTIcLEs LIkE BEEcHER’s pLay a cRUcIaL ROLE IN fOsTERINg DEbaTE THaT caN LEaD TO cONsENsUs abOUT ETHIcaL VaLUEs. °IRD,
161
LED REsEaRcHERs TO cONDUcT sTUDIEs THEy kNEw TO bE TRaNsgREssIVE. ºT wOULD bE HUbRIs TO THINk THaT sUcH LapsEs cOULD NOT HappEN agaIN.
notes 1 ¶RazEN JM, SOLO¸ON CG, GREENE MF. ºNfOR¸ED cONsENT aND ¼u¿¿ort. N Engl J Med. 2013;368:1929–1931. 2 BILI¸ORIa KY, CHUNg JW, ÁEDgEs ²Â, ET aL. µaTIONaL cLUsTER-RaNDO¸IzED TRIaL Of DUTy- HOUR flExIbILITy IN sURgIcaL TRaININg. N Engl J Med. 2016;374:713–727. 3 GERIckE CA. ´bOLa aND ETHIcs: aUTOpsy Of a faILURE. BMJ. 2015;350:H2105. 4 ³OTH¸aN ¶J. ´THIcs aND HU¸aN ExpERI¸ENTaTION. N Engl J Med. 1987;317:1195–1199. 5 FaDEN ³³, BEaUcHa¸p ¹². A History and °eory of Informed Consent . µEw YORk: ±xfORD ·NIVERsITy PREss, 1986. 6 ¹RUOg ³¶. PaTIENTs aND DOcTORs—EVOLUTION Of a RELaTIONsHIp. N Engl J Med . 2012;366:581–585. 7 BEEcHER ÁK. ´THIcs aND cLINIcaL REsEaRcH. N Engl J Med. 1966;274:1354–1360. 8 ³OTH¸aN ¶J. Strangers at the Bedside: A History of How Law and Bioethics Trans-
formed Medical Decision Making . µEw YORk: BasIc BOOks, 1991. 9 ²EDERER S´. Subjected to Science: Human Experimentation in America before the Sec-
ond World War . BaLTI¸ORE: JOHNs ÁOpkINs ·NIVERsITy PREss, 1995. 10 BERNaRD C. An Introduction to the Study of Experimental Medicine. 1865; µEw YORk: ¶OVER, 1957. 11 ±sLER W. °E EVOLUTION Of THE IDEa Of ExpERI¸ENT IN ¸EDIcINE. Trans Cong Am Phys
Surg. 1907;7:7–8. 12 CaNNON WB. °E RIgHT aND wRONg Of ¸akINg ExpERI¸ENTs ON HU¸aN bEINgs. ¼½¾½ . 1916;67:1372–1373. 13 “´THIcaLLy º¸pOssIbLE”: ¼td ³EsEaRcH IN GUaTE¸aLa fRO¸ 1946 TO 1948. WasHINgTON, ¶C: PREsIDENTIaL CO¸¸IssION fOR THE STUDy Of BIOETHIcaL ºssUEs, 2011. 14 S¸ITH S². MUsTaRD gas aND A¸ERIcaN RacE-basED HU¸aN ExpERI¸ENTaTION IN WORLD WaR ºº. J Law Med Ethics. 2008;36:517–521. 15 S¸ITH S². Toxic Exposures: Mustard Gas and the Health Consequences of World War II
in the United States . µEw BRUNswIck, µJ: ³UTgERs ·NIVERsITy PREss, 2017. 16 WEINDLINg P. Nazi Medicine and the Nuremberg Trials: From Medical War Crimes to
Informed Consent . µEw YORk: PaLgRaVE Mac¸ILLaN, 2004. 17 ÁaRRIs SÁ. Factories of death: Japanese Biological Warfare, 1932–1945, and the Ameri-
can Cover-Up. µEw YORk: PsycHOLOgy PREss, 2002. 18 WEINDLINg P. “µO ¸ERE ¸URDER TRIaL”: THE DIscOURsE ON HU¸aN ExpERI¸ENTs aT THE µURE¸bERg ¸EDIcaL TRIaL. ºN: ³OELckE Â, MaIO G, EDs. Twentieth Century Ethics of
Human Subjects Research: Historical Perspectives on Values, Practices, and Regulations . STUTTgaRT, GER¸aNy: FRaNz STEINER ÂERLag, 2004:167–180.
” h c r a e s e R l a c i n i l C d n a s c i h t E“
¸aNy INTEREsTs—¸EDIcaL, pERsONaL, pOLITIcaL, ¸ILITaRy, aND cO¸¸ERcIaL—HaVE
19 ANNas GJ, GRODIN MA, EDs. °e Nazi Doctors and the Nuremberg Code: Human Rights
162
in Human Experimentation. µEw YORk: ±xfORD ·NIVERsITy PREss, 1992. 20 ADVIsORy CO¸¸ITTEE ON ÁU¸aN ³aDIaTION ´xpERI¸ENTs. °e Human Radiation
Experiments. µEw YORk: ±xfORD ·NIVERsITy PREss, 1996:236. r e r e d e L d n a , y d a r G , s e n o J
21 STaRk ². Behind Closed Doors: ÄÅÆs and the Making of Ethical Research. CHIcagO: ·NIVERsITy Of CHIcagO PREss, 2012. 22 ´DELsON PJ. ÁENRy K. BEEcHER aND MaURIcE PappwORTH: HONOR IN THE DEVELOp¸ENT Of THE ETHIcs Of HU¸aN ExpERI¸ENTaTION. ºN: ³OELckE Â, MaIO G, EDs. Twentieth Century
Ethics of Human Subjects Research: Historical Perspectives on Values, Practices, and Regulations. STUTTgaRT, GER¸aNy: FRaNz STEINER ÂERLag, 2004:219–233. 23 ²EDERER S´. ³EsEaRcH wITHOUT bORDERs: THE ORIgINs Of THE ¶EcLaRaTION Of ÁELsINkI. ºN: ³OELckE Â, MaIO G, EDs. Twentieth Century Ethics of Human Subjects Research: His-
torical Perspectives on Values, Practices, and Regulations . STUTTgaRT, GER¸aNy: FRaNz STEINER ÂERLag, 2004:199–217 24 PODOLsky SÁ. °e Antibiotic Era: Reform, Resistance, and the Pursuit of a Rational
°erapeutics. BaLTI¸ORE: JOHNs ÁOpkINs ·NIVERsITy PREss, 2014:92–93. 25 BEEcHER ÁK. Research and the Individual: Human Studies. BOsTON: ²ITTLE, BROwN, 1970:231. 26 ²ERNER BÁ. SINs Of O¸IssION—caNcER REsEaRcH wITHOUT INfOR¸ED cONsENT. N Engl J
Med. 2004;351:628–630. 27 ÁaRkNEss J, ²EDERER S´, WIkLER ¶. ²ayINg ETHIcaL fOUNDaTIONs fOR cLINIcaL REsEaRcH.
Bull World Health Organ. 2001;79:365–366. 28 FREIDENfELDs ². ³EcRUITINg aLLIEs fOR REfOR¸: ÁENRy KNOwLEs BEEcHER’s “´THIcs aND cLINIcaL REsEaRcH.” Int Anesthesiol Clin. 2007;45:79–103. 29 McCOy AW. ScIENcE IN ¶acHaU’s sHaDOw: ÁEbb, BEEcHER, aND THE DEVELOp¸ENT Of »i¾ psycHOLOgIcaL TORTURE aND ¸ODERN ¸EDIcaL ETHIcs. J Hist Behav Sci. 2007;43:401–417. 30 Henry K. Beecher Papers, 1848–1976. BOsTON: ÁaRVaRD MEDIcaL ²IbRaRy, FRaNcIs A. COUNTway ²IbRaRy Of MEDIcINE. 31 BEEcHER ÁK. ´xpERI¸ENTaTION IN ¸aN. Ç»Â. 1959;169:461–478. 32 BEEcHER ÁK. ´THIcs aND ExpERI¸ENTaL THERapy. ¼½¾½. 1963;186:858–859. 33 BURNETT CÁ, BLOO¸bERg ´², SHORTz G, CO¸pTON ¶W, BEEcHER ÁK. A cO¸paRIsON Of THE EffEcTs Of ETHER aND cycLOpROpaNE aNEsTHEsIa ON THE RENaL fUNcTION Of ¸aN. J Phar-
macol Exp °er. 1949;96:380–387. 34 ±s¸UNDsEN JA. PHysIcIaN scOREs TEsTs ON HU¸aNs. New York Times . MaRcH 24, 1965. 35 ºNgELfiNgER FJ. JOsEpH GaRLaND, M.¶., 1893–1973: THE EDITOR. N Engl J Med. 1973; 289:641–642. 36 GaRLaND J. ´xpERI¸ENTaTION ON ¸aN. N Engl J Med. 1966;274:1382–1383. 37 BEEcHER ÁK. ÁU¸aN ExpERI¸ENTaTION. N Engl J Med . 1966;275:791. 38 GOLD JA. ³EVIEw Of: Strangers at the Bedside. N Engl J Med. 1991;325:1387. 39 ¹RUOp SB. ³EVIEw Of: Strangers at the Bedside. ¼½¾½. 1991;266:851. 40 ScOTT J², BELkIN GA, FINEgOLD SM, ²awRENcE JS. ÁU¸aN ExpERI¸ENTaTION. N Engl J
Med. 1966;275:790–791. 41 ²EE ¹Á. Eugene Braunwald and the Rise of Modern Medicine. Ca¸bRIDgE, MA: ÁaRVaRD ·NIVERsITy PREss, 2013.
42 ³ObINsON WM, ·NRUH B¹. °E HEpaTITIs ExpERI¸ENTs aT THE WILLOwbROOk STaTE ScHOOL. ºN: ´¸aNUEL ´J, GRaDy C, CROUcH ³A, ET aL., EDs. Oxford Textbook of Clinical
163
Research Ethics . µEw YORk: ±xfORD ·NIVERsITy PREss, 2008:80–5. ´¸aNUEL ´J, GRaDy C, CROUcH ³A, ET aL., EDs. Oxford Textbook of Clinical Research
Ethics. µEw YORk: ±xfORD ·NIVERsITy PREss, 2008:541–51. 44 ´THIcaL aspEcTs Of ExpERI¸ENTaTION wITH HU¸aN sUbjEcTs. Daedalus. 1969;98:219–604. 45 ³EVERby SM. Examining Tuskegee: °e Infamous Syphilis Study and Its Legacy. CHapEL ÁILL: ·NIVERsITy Of µORTH CaROLINa PREss, 2009. 46 GRaDy C. ´NDURINg aND E¸ERgINg cHaLLENgEs Of INfOR¸ED cONsENT. N Engl J Med. 2015;372:855–62. 47 KOskI G. GETTINg pasT pROTEcTIONIs¸: Is IT TI¸E TO TakE Off THE TRaININg wHEELs? ºN: COHEN ºG, ²yNcH ÁF, EDs. Human Subjects Research Regulation: Perspectives on the
Future. Ca¸bRIDgE, MA: mit PREss, 2014:341–349. 48 FOsT µ, ²EVINE ³J. °E DysREgULaTION Of HU¸aN sUbjEcTs REsEaRcH. ¼½¾½ . 2007;298:2196–2198. 49 ´¸aNUEL ´J, WENDLER ¶, GRaDy C. WHaT ¸akEs cLINIcaL REsEaRcH ETHIcaL? ¼½¾½ . 2000;283:2701–2711.
” h c r a e s e R l a c i n i l C d n a s c i h t E“
43 McCaRTHy C³. °E ORIgINs aND pOLIcIEs THaT gOVERN INsTITUTIONaL REVIEw bOaRDs. ºN:
This page intentionally left blank
healTh caRe eThicS and The clinician’S Role
III
This page intentionally left blank
GlossARy of BAs±c ETh±cAl ConcePTs ±n HeAlTh CARe And ¶eseARch Nancy M. P. King
autonomy â °E pRINcIpLE Of REspEcT fOR aUTONO¸y aND THE RIgHT Of sELf- DETER¸INaTION aRE I¸pORTaNT cONcEpTs IN HEaLTH caRE ETHIcs. “AUTONO¸y” ¸EaNs THE abILITy TO gOVERN ONEsELf aND THE fREEDO¸ TO DO sO. “SELf-DETER¸INaTION” Is OſtEN UsED TO ¸EaN aUTONO¸y, EspEcIaLLy IN HEaLTH caRE sETTINgs. A pERsON acTs aUTONO¸OUsLy If THaT pERsON acTs INTENTIONaLLy, wITH UNDERsTaNDINg, aND wITHOUT bEINg cONTROLLED by OTHERs. BOTH pERsONs aND THEIR acTIONs caN bE aUTONO¸OUs; aUTONO¸OUs pEOpLE DO NOT aLways acT aUTONO¸OUsLy, aND sO¸ETI¸Es pEOpLE wHO aRE NOT aUTONO¸OUs aRE abLE TO ¸akE aUTONO¸OUs DEcIsIONs OR acT aUTONO¸OUsLy IN sO¸E INsTaNcEs. ºT Is I¸pORTaNT TO RE¸E¸bER THaT NO ONE Is “fULLy” aUTONO¸OUs; wE jUDgE aUTONO¸y by THE ExpEcTaTIONs wE HaVE Of cO¸¸ON HU¸aN bEHaVIOR, aND wE sET a ¸INI¸aL sTaNDaRD Of “sUbsTaNTIaL” aUTONO¸y by wHIcH TO jUDgE pEOpLE aND THEIR acTIONs. ºN HEaLTH caRE, REspEcTINg aUTONO¸y DOEs NOT ¸EaN sI¸pLy LayINg OUT aLL THE OpTIONs aND TELLINg THE paTIENT, “YOU DEcIDE.” ³EspEcTINg paTIENTs’ aUTONO¸y OſtEN INcLUDEs pRO¸OTINg aN INDIVIDUaL’s abILITy TO DELIbERaTE EffEcTIVELy, fOR Exa¸pLE by pROVIDINg a REcO¸¸ENDaTION aND DIscUssINg THE REasONs bEHIND IT. AUTONO¸y Is NOT THE sa¸E as fREEDO¸, aND UsUaLLy wE VIEw aUTONO¸y as INcLUDINg sO¸E REspONsIbILITy fOR THE cONsEqUENcEs Of ONE’s acTIONs. µOw THaT sOcIETy Has bEcO¸E EspEcIaLLy cONcERNED abOUT THE INTEREsTs OR RIgHTs Of cO¸¸UNITIEs, THERE Is ¸UcH DIsagREE¸ENT abOUT THE bOUNDaRIEs bETwEEN aN INDIVIDUaL’s aUTONO¸y aND THE LEgITI¸aTE RIgHTs OR INTEREsTs Of OTHERs. CO¸pETENcE aND DEcIsIONaL capacITy, cONcEpTs RELaTED TO aUTONO¸y, aRE DEfiNED bELOw.
beneficence/best interests â °E pRINcIpLE Of bENEficENcE, OR THE bEsT INTEREsTs Of THE pERsON, Is OſtEN cONTRasTED TO aUTONO¸y. °ERE ¸ay, fOR
Exa¸pLE, bE TI¸Es wHEN a HEaLTH caRE pROVIDER bELIEVEs THaT wHaT aN aUTONO-
168
¸OUs paTIENT waNTs Is NOT IN THaT pERsON’s bEsT INTEREsTs. BENEficENcE fOcUsEs ON DOINg gOOD. °E cRUcIaL qUEsTION Is, wHO sHOULD bE aLLOwED TO jUDgE wHaT
g n i K .P . M y c n a N
Is gOOD? AN INDIVIDUaL, HEaLTH caRE pROVIDERs, fa¸ILy ¸E¸bERs, fRIENDs, aND OTHER aUTHORITIEs ¸ay aLL HaVE DIffERENT jUDg¸ENTs abOUT wHaT Is IN THE INDIVIDUaL’s bEsT INTEREsTs. BEsT INTEREsTs ¸ay bE DEfiNED NaRROwLy, as IN “bEsT ¸EDIcaL INTEREsTs,” OR bROaDLy ENOUgH TO cONsIDER a wIDE VaRIETy Of pERsONaL facTORs aND VaLUEs. °E ÁIppOcRaTIc ¸axI¸ “AbOVE aLL, DO NO HaR¸” Is TEcHNIcaLLy aN INjUNcTION TO nonmaleficence—aVOIDINg HaR¸—RaTHER THaN TO bENEficENcE—DOINg gOOD. ºN HEaLTH caRE, THEsE pRINcIpLEs aRE OſtEN cLOsELy RELaTED aND cONsIDERED TOgETHER. ºf THEy aRE RaNkED IN I¸pORTaNcE, NON¸aLEficENcE gENERaLLy cO¸Es fiRsT; HOwEVER, as yOU ¸IgHT I¸agINE, HEaLTH caRE pROVIDERs aND paTIENTs ¸UsT OſtEN wEIgH THE RIsk Of DOINg HaR¸ agaINsT THE cHaNcE Of DOINg gOOD wHEN DEcIDINg abOUT TREaT¸ENT. ÁOw “HaR¸” Is DEfiNED aND wHO DEfiNEs IT aRE pRObLE¸s fOR NON¸aLEficENcE, jUsT as THEy aRE fOR bENEficENcE. AT LEasT ONE sIgNIficaNT DIffERENcE ExIsTs bETwEEN THE TwO cONcEpTs: pHysIcIaNs aND OTHER HEaLTH caRE pROVIDERs sO¸ETI¸Es assERT THE RIgHT NOT TO caUsE HaR¸ by wITHDRawINg fRO¸ THE caRE Of a paTIENT aND sUbsTITUTINg aNOTHER caREgIVER. A paRaLLEL UNILaTERaL RIgHT TO DO gOOD agaINsT THE paTIENT’s wILL DOEs NOT ExIsT.
coercion â COERcION Is cONTROL Of ONE pERsON’s bEHaVIOR by aNOTHER. ºT Is aLways INcO¸paTIbLE wITH aUTONO¸y aND Is THEREfORE ¸ORaLLy UNaccEpTabLE, UNLEss IT caN bE jUsTIfiED by a pRINcIpLE OR INTEREsT THaT Is sUfficIENTLy cO¸pELLINg TO OUTwEIgH aUTONO¸y UNDER THE cIRcU¸sTaNcEs—fOR Exa¸pLE, THE safETy Of OTHER pERsONs pUT aT gRaVE RIsk by aN aUTONO¸OUs acTOR. AcTIONs ¸ay bE cOERcIVE, bUT cOERcION Is UsUaLLy accO¸pLIsHED by THREaTs. MaNy INflUENcEs aRE LOOsELy caLLED cOERcIVE, bUT “cOERcION” sHOULD bE REsERVED fOR INflUENcEs THaT aRE INTENDED TO cONTROL bEHaVIOR by ¸EaNs Of a sEVERE aND IRREsIsTIbLE THREaT. COERcED acTIONs aRE INTENTIONaL acTIONs, bUT acTIONs abOUT wHIcH THE acTOR “Has NO cHOIcE.” CONTROVERsy caN aRIsE abOUT cOERcION IN TwO aREas: GENERaLLy, HOw sHOULD wE DEfiNE aND ¸EasURE wHaT Is “IRREsIsTIbLE”? AND spEcIficaLLy, caN offers bE sO IRREsIsTIbLE as TO bE cOERcIVE? (FOR Exa¸pLE, Is THE pRO¸IsE Of paROLE fOR a pRIsONER wHO sUb¸ITs TO ¸EDIcaL ExpERI¸ENTaTION sO gREaT aN OffER as TO OVERwHEL¸ THE pERsON’s REasONabLE cONcERNs abOUT THE safETy Of THE ExpERI¸ENT aND INcLINaTION TO say NO?)
SO¸ETI¸Es pEOpLE TaLk abOUT cOERcIVE sITUaTIONs. ·NpLEasaNT cIRcU¸sTaNcEs caN INDEED ¸akE pEOpLE fEEL THaT THEy HaVE NO cHOIcE, bUT ONLy
169
INflUENcE THaT pERsON’s bEHaVIOR. FOR Exa¸pLE, THE sITUaTION Of HaVINg a sEVERE ¸ENTaL ILLNEss caN ¸akE a pERsON fEEL THaT s/HE Has NO cHOIcE bUT TO TakE a DaNgEROUs DRUg wITH UNpLEasaNT sIDE EffEcTs. °aT pERsON Is NOT cOERcED by THE sITUaTION. BUT If TakINg THE DRUg Is REqUIRED as a qUaLIficaTION fOR REcEIVINg gOVERN¸ENT assIsTaNcE IN HOUsINg OR EDUcaTION, sUcH REqUIRE¸ENTs—sINcE THEy aRE INsTITUTED wITH THE INTENTION Of ENcOURagINg ¸ENTaLLy ILL pEOpLE TO sTay ON ¸EDIcaTION—¸ay bE (bUT aRE NOT NEcEssaRILy) cOERcIVE. MaNIpULaTION aND pERsUasION ¸UsT bE DIsTINgUIsHED fRO¸ cOERcION. °Ey aRE EacH DEfiNED bELOw.
competence â A LEgaL TER¸. ADULTs (pEOpLE agE 18 aND OVER) aRE pREsU¸ED cO¸pETENT UNTIL pROVEN OTHERwIsE. °Us, a sEVERELy I¸paIRED aDULT wHO Has NOT bEEN LEgaLLy DETER¸INED TO bE INcO¸pETENT Is LEgaLLy cO¸pETENT. °E DETER¸INaTION Of INcO¸pETENcE Is ¸aDE IN a LEgaL pROcEEDINg aND caN bE qUITE cO¸pLEx aND DETaILED. A DETER¸INaTION ¸ay bE gLObaL OR LI¸ITED. SO¸EONE Of LI¸ITED cO¸pETENcE ¸ay RETaIN sO¸E LEgaL DEcIsION-¸akINg RIgHTs wHILE LOsINg OTHERs. FOR Exa¸pLE, a LI¸ITED gUaRDIaNsHIp ¸IgHT bE EsTabLIsHED fOR fiNaNcIaL ¸aTTERs, bUT THE pERsON wOULD RETaIN THE LEgaL RIgHT TO ¸akE HEaLTH caRE DEcIsIONs. ºNVOLUNTaRy cO¸¸IT¸ENT Is NOT THE sa¸E as a DETER¸INaTION Of INcO¸pETENcE. “CO¸pETENcE” Is OſtEN ¸IsTakENLy cONsIDERED syNONy¸OUs wITH “DEcIsIONaL capacITy,” wHIcH Is NOT a LEgaL TER¸. ºT Is DEfiNED bELOw.
confidentiality â CONfiDENTIaLITy Is THE DUTy, ExpEcTaTION, aND/OR pRO¸IsE THaT INfOR¸aTION ExcHaNgED wITHIN a RELaTIONsHIp wILL NOT bE spREaD bEyOND THE bOUNDaRIEs Of THaT RELaTIONsHIp (THaT Is, “kEEpINg sEcRETs”). CONfiDENTIaLITy caUsEs pRObLE¸s bEcaUsE sO ¸aNy DIffERENT RELaTIONsHIps caN bE cONNEcTED TO a cONfiDENTIaL RELaTIONsHIp. SO¸ETI¸Es a pOTENTIaL NEED aRIsEs TO pROTEcT OTHERs wHO ¸IgHT NEED TO kNOw cONfiDENTIaL INfOR¸aTION (fOR Exa¸pLE, LaNDLORDs OR E¸pLOyERs). SO¸ETI¸Es THE pERcEIVED NEED ¸ay bE TO sHaRE cONfiDENTIaL INfOR¸aTION wITH OTHERs (fOR Exa¸pLE, fa¸ILy OR HEaLTH caRE pROVIDERs) wHO cOULD bENEfiT THE pERsON wHO ExpEcTs cONfiDENTIaLITy TO
s t p e c n o C lacihtE cisaB fo yrassolG
OTHER pEOpLE caN bE cOERcIVE, bEcaUsE ONLy OTHER pEOpLE caN INTEND TO
bE ¸aINTaINED. SORTINg OUT aND baLaNcINg THEsE cO¸pETINg NEEDs aND INTER-
170
EsTs caN bE ExTRE¸ELy DIfficULT. CONfiDENTIaLITy Is NOT THE sa¸E as pRIVacy, wHIcH Is DEfiNED bELOw.
g n i K .P . M y c n a N
conflict of interest â A gENERaL TER¸ THaT caLLs aTTENTION TO a VaRIETy Of ETHIcaL pRObLE¸s IN sERVIcE RELaTIONsHIps. PEOpLE wHO fiND THE¸sELVEs caUgHT IN a cONflIcT Of INTEREsT ¸ay fEEL THaT THEy aRE TRyINg UNsUccEssfULLy TO sERVE TwO ¸asTERs OR THaT THEy HaVE cONflIcTINg LOyaLTIEs OR DUTIEs TO OTHERs. (FOR Exa¸pLE, ¸aNagED caRE Has gIVEN RIsE TO ¸UcH cONcERN abOUT cONflIcTs Of INTEREsT, bEcaUsE pHysIcIaNs IN ¸aNagED caRE cONTRacTs HaVE INcENTIVEs TO saVE ¸ONEy THaT ¸ay cONflIcT wITH THEIR DUTy Of bENEficENcE TO paTIENTs. ÁOwEVER, TRaDITIONaL “fEE-fOR-sERVIcE” ¸EDIcINE REwaRDs pHysIcIaNs fOR DELIVERINg ¸ORE sERVIcEs, wHIcH ¸ay cONflIcT wITH THE DUTy Of NON¸aLEficENcE TO paTIENTs.) ±ſtEN THE fiRsT TypE Of cONflIcT wE THINk Of Is fiNaNcIaL, bUT THERE aRE ¸aNy OTHERs. FOR Exa¸pLE, a paRENT’s DEcIsIONs abOUT ONE cHILD ¸ay bE affEcTED by THE NEEDs Of THE OTHER cHILDREN IN THE fa¸ILy; a HEaLTH caRE pROVIDER ¸ay bE cONcERNED abOUT THE cO¸pETINg NEEDs Of fa¸ILy ¸E¸bERs OTHER THaN THE paTIENT, OR abOUT HOw TO ¸EET THE NEEDs Of ¸ORE THaN ONE paTIENT wHEN TI¸E Is LI¸ITED; aND THERE aRE ¸aNy OTHERs. °E TER¸ “cONflIcT Of INTEREsT” HELps Us flag cO¸pLIcaTED sITUaTIONs aND sORT OUT THE pOTENTIaLLy cO¸pETINg NEEDs aND INTEREsTs INVOLVED. CONflIcTs Of INTEREsT aRE cO¸¸ON IN LIfE aND aT LEasT sO¸E ¸ay bE UNaVOIDabLE. ÁOw THEy sHOULD bE aDDREssED DEpENDs ON THE cIRcU¸sTaNcEs. SO¸ETI¸Es THEy sHOULD bE ELI¸INaTED; OTHER TI¸Es, THEy ¸ay bE “¸aNagED,” fOR Exa¸pLE, by aN OVERsIgHT ¸EcHaNIs¸; aND sO¸ETI¸Es, DIscLOsINg THE¸ ¸ay bE sUfficIENT TO aLLOw THE pERsONs pOTENTIaLLy affEcTED by THE¸ TO REspOND appROpRIaTELy TO THE RIsks THEy pOsE.
decisional capacity â °E abILITy TO ¸akE sUbsTaNTIaLLy aUTONO¸OUs DEcIsIONs. ºT Is assU¸ED THaT aDULTs HaVE IT. WHEN qUEsTIONs aRIsE abOUT sO¸EONE’s DEcIsIONaL capacITy, IT Is ¸EasURED UsINg pRacTIcaLITy aND cO¸¸ON sENsE, aND wITH REfERENcE TO THE spEcIfic DEcIsION(s) aT IssUE. FOR Exa¸pLE, aN I¸paIRED pERsON ¸IgHT HaVE THE capacITy TO DEcIDE abOUT gOINg INTO a NURsINg HO¸E bUT Lack THE abILITy TO cHOOsE bETwEEN TwO TREaT¸ENTs fOR a HEaLTH pRObLE¸ bEcaUsE THaT REqUIREs gREaTER REasONINg skILLs.
ALTHOUgH sO¸ETI¸Es wITH ¸ENTaL ILLNEss, DEcIsIONaL capacITy ¸ay NEED TO bE assEssED by aN ExpERT, sUcH as a psycHIaTRIsT, IN ¸OsT casEs aN EqUaLLy
171
TaLkED wITH HI¸ OR HER, aND aRE fa¸ILIaR wITH THE cIRcU¸sTaNcEs. °E bEsT TEsT Of sO¸EONE’s capacITy TO ¸akE a paRTIcULaR DEcIsION Is gOINg THROUgH THE INfOR¸ED cONsENT pROcEss. A VaRIETy Of DIffERENT sTaNDaRDs caN THEN bE UsED; THEy RaNgE fRO¸ VERy LENIENT (DOEs THE pERsON appEaR TO ExpREss a cHOIcE?) TO THE OVERLy sTRIcT (DOEs THE pERsON ¸akE THE “RIgHT” DEcIsION fOR THE “RIgHT” REasONs?). A ¸ORE appROpRIaTE sTaNDaRD Is pROVIDED by THE DEfiNITION Of sUbsTaNTIaL aUTONO¸y gIVEN abOVE: ¶OEs THIs pERsON sEE¸ TO kNOw THaT THERE Is a cHOIcE TO bE ¸aDE, aND DOEs s/HE sEE¸ TO bE cHOOsINg INTENTIONaLLy, wITH UNDERsTaNDINg Of THE ¸EaNINg aND cONsEqUENcEs Of THE cHOIcE, aND wITHOUT bEINg cONTROLLED by OTHERs? ¶IfficULT qUEsTIONs caN aRIsE abOUT wHEN THE NONLEgaL DETER¸INaTION THaT sO¸EONE Lacks DEcIsIONaL capacITy sHOULD bE fOLLOwED Up by a LEgaL DETER¸INaTION abOUT cO¸pETENcE.
justice â JUsTIcE Is a sIgNIficaNT ETHIcaL pRINcIpLE THaT Has ¸aNy DIffERENT aspEcTs. GENERaLLy spEakINg, wE wORRy abOUT jUsTIcE ON a LaRgER scaLE THaN THE INDIVIDUaL—fOR Exa¸pLE, fOR cO¸¸UNITIEs, spEcIaL gROUps (wO¸EN, ¸INORITIEs, DIsabLED pERsONs, ETc.), aND sOcIETIEs. JUsTIcE Is ROUgHLy syNONy¸OUs wITH faIRNEss, bUT wHaT Is jUsT OR faIR DEpENDs ON THE cIRcU¸sTaNcEs. ºs TREaTINg EVERyONE EqUaLLy jUsT? ±R Is affiR¸aTIVE acTION ¸ORE jUsT bEcaUsE IT REDREssEs pasT wRONgs? ¶IsTRIbUTIVE jUsTIcE aDDREssEs HOw sOcIaL gOODs (LIkE fOOD, sHELTER, aND HEaLTH caRE) sHOULD bE DIsTRIbUTED. ±NcE agaIN, wE ¸IgHT ask wHETHER EqUaLITy Is a jUsT pRINcIpLE Of DIsTRIbUTION, OR wHETHER “fRO¸ EacH accORDINg TO HIs abILITy, TO EacH accORDINg TO HIs NEEDs” Is ¸ORE jUsT. FaIR pROcEDUREs aND faIR HEaRINgs aRE aLsO cO¸pONENTs Of jUsTIcE.
manipulation â MaNIpULaTION Is THE HaRDEsT caTEgORy TO gRasp IN THE TRIO Of cOERcION, ¸aNIpULaTION, aND pERsUasION. MaNIpULaTION faLLs IN bETwEEN THE OTHER TwO aND caN EssENTIaLLy bE ONE Of TwO THINgs: aN INTENTIONaL aND sUccEssfUL aLTERaTION Of a pERsON’s aVaILabLE cHOIcEs by ¸EaNs THaT aRE NOT cOERcIVE (fOR Exa¸pLE, by a REsIsTIbLE THREaT OR OffER), OR aN INTENTIONaL aND sUccEssfUL aLTERaTION Of a pERsON’s pERcEpTION Of THOsE cHOIcEs by ¸EaNs THaT aRE NOT pERsUasIVE, THaT Is, NOT fOcUsED ON REasON (fOR Exa¸pLE, by a sUccEssfUL appEaL TO E¸OTION, OR by psycHOLOgIcaL INflUENcE). A cO¸¸ON HEaLTH caRE
s t p e c n o C lacihtE cisaB fo yrassolG
RELIabLE DETER¸INaTION caN bE ¸aDE by THOsE wHO kNOw THE pERsON, HaVE
Exa¸pLE Is wHEN a pROVIDER ¸IsTakENLy bELIEVEs THaT pERsUasION Is ¸ORaLLy
172
wRONg, bUT bELIEVEs THaT a paRTIcULaR cHOIcE Is THE RIgHT ONE fOR a paTIENT, aND THEREfORE sLaNTs OR sELEcTIVELy pROVIDEs INfOR¸aTION, pERHaps UsINg LaNgUagE
g n i K .P . M y c n a N
cHOsEN fOR a paRTIcULaR E¸OTIONaL EffEcT, IN ORDER TO ENsURE THaT THE INfOR¸ED cONsENT pROcEss Has THE OUTcO¸E DEsIRED by THE pROVIDER. A cO¸¸ON Exa¸pLE OUTsIDE Of HEaLTH caRE Is aDVERTIsINg. MaNIpULaTION Is TO a LaRgE ExTENT a ¸aTTER Of DEgREE aND a qUEsTION Of cONTExT. ºT Is NOT aLways INcO¸paTIbLE wITH aUTONO¸y, bUT THERE aRE aL¸OsT aLways aLTERNaTIVEs THaT HELp TO pROTEcT, pRO¸OTE, aND fOsTER aUTONO¸y, wHIcH ¸aNIpULaTION DEfiNITELy DOEs NOT.
paternalism â “PaTERNaLIs¸” Is aNOTHER TER¸ THaT Is OſtEN LOOsELy UsED. ¹RUE paTERNaLIs¸, aLsO caLLED sTRONg paTERNaLIs¸, OccURs wHEN ONE pERsON OVERRIDEs THE aUTONO¸OUs cHOIcEs aND acTIONs Of aNOTHER IN THE OTHER pERsON’s bEsT INTEREsTs (fOR Exa¸pLE, pREVENTINg a “RaTIONaL sUIcIDE”). ºT Is NOT paTERNaLIsTIc TO OVERRIDE sO¸EONE’s acTIONs OR cHOIcEs IN ORDER TO bENEfiT, OR pREVENT HaR¸ TO, THIRD paRTIEs. ºT Is aLsO NOT paTERNaLIsTIc TO OVERRIDE sO¸EONE’s acTIONs OR cHOIcEs wHEN THaT pERsON Is NOT acTINg aUTONO¸OUsLy (fOR Exa¸pLE, pREVENTINg sUIcIDE by a pERsON wHO Is DELUsIONaL), bEcaUsE THEN bENEficENcE aND aUTONO¸y aRE NOT IN cONflIcT. ÁOwEVER, THIs Is aLsO OſtEN caLLED paTERNaLIs¸, OR wEak paTERNaLIs¸. As THE sUIcIDE Exa¸pLEs gIVEN HELp TO sHOw, ¸aNy OccasIONs wHEN “paTERNaLIs¸” Is ¸ENTIONED aRE INsTaNcEs wHERE THE aUTONO¸y aND bENEficENcE Of THE cHOIcEs aT IssUE aRE qUEsTIONabLE OR IN DIspUTE.
persuasion â PERsUasION Is THE INTENTIONaL aND sUccEssfUL aTTE¸pT TO INDUcE a pERsON, THROUgH appEaLs TO REasON, TO fREELy aDOpT THE bELIEfs, VaLUEs, aTTITUDEs, INTENTIONs, OR acTIONs aDVOcaTED by THE pERsUaDER. ºT Is cO¸paTIbLE wITH aUTONO¸y, aND INDEED OſtEN facILITaTEs aUTONO¸OUs DEcIsION ¸akINg, bEcaUsE IT Is basED ON REasONED DIscOURsE aND sHaRED cO¸¸UNIcaTION aND DIscUssION. ´DUcaTION aND pERsUasION aRE cLOsELy LINkED.
privacy â PRIVacy Has TwO ¸EaNINgs: a cO¸¸ONsENsE ¸EaNINg aND a LEgaL ¸EaNINg. °E cONsTITUTIONaL RIgHT Of pRIVacy caN bE cONfUsINg bEcaUsE IT ¸EaNs fREEDO¸ fRO¸ gOVERN¸ENTaL INTRUsION INTO cERTaIN DEcIsIONs aND acTIONs RELaTINg TO ONE’s bODy, RELaTIONsHIps, REpRODUcTION, spEEcH, aND IDEas—a
REaL gRab bag Of pERsONaL acTIONs aND DEcIsIONs. (°Is ¸EaNINg Of pRIVacy Has bEEN sO¸EwHaT ¸ODIfiED by THE cOURTs, fRO¸ a “cONsTITUTIONaL pRIVacy RIgHT”
173
CO¸¸ONsENsE pRIVacy Is a sO¸EwHaT DIffERENT gRab bag. ºT REfERs TO fREEDO¸ fRO¸ INTRUsIONs UpON sOLITUDE (bEINg EaVEsDROppED UpON, pHOTOgRapHED, OR spIED ON IN cIRcU¸sTaNcEs wHERE wE cO¸¸ONLy HaVE aN “ExpEcTaTION Of pRIVacy,” sUcH as aT HO¸E) aND fREEDO¸ fRO¸ HaVINg pRIVaTE facTs ¸aDE pUbLIc OR fRO¸ UNwaNTED pUbLIcITy (agaIN, THIs Is ¸EasURED agaINsT wHaT sOcIETy REasONabLy bELIEVEs Is pRIVaTE aND wHaT Is pUbLIc). °E pRIVacy Of ¸EDIcaL REcORDs (¸ORE pROpERLy, THE cONfiDENTIaLITy Of THEIR cONTENTs, bUT pOpULaR aND LEgIsLaTIVE LaNgUagE HaVE cONfUsED THE TwO) Is aN IssUE Of gROwINg I¸pORTaNcE IN THIs INfOR¸aTION agE, aND DETER¸INaTIONs abOUT wHaT ¸ay aND ¸ay NOT bE sHaRED wITH OTHERs (sUcH as E¸pLOyERs, INsURERs, aND INfOR¸aTION pURcHasERs) DEpENDs ON wHaT Is cONsIDERED a REasONabLE ExpEcTaTION Of pRIVacy. “PRIVacy” IN aNy Of ITs ¸EaNINgs Is NOT THE sa¸E as “cONfiDENTIaLITy,” wHIcH ¸EaNs kEEpINg sHaRED INfOR¸aTION wITHIN a RELaTIONsHIp.
rights â °E cONcEpT Of RIgHTs IN HEaLTH caRE Is OVERUsED aND DIfficULT TO DEfiNE, bUT IT NEEDs cLaRIficaTION. BEgINNINg IN THE 1960s aND 1970s, A¸ERIcaN sOcIETy bEca¸E accUsTO¸ED TO TaLkINg abOUT THE RIgHTs Of cO¸paRaTIVELy DIsaDVaNTagED gROUps, sUcH as ETHNIc aND RacIaL ¸INORITIEs, wO¸EN, aND paTIENTs. MORE REcENTLy, pHysIcIaNs aND OTHER HEaLTH caRE pROfEssIONaLs HaVE pOINTED OUT THaT THEy HaVE RIgHTs TOO (paRaLLELINg THE DEVELOp¸ENT Of “VIcTI¸s’ RIgHTs” TO cO¸pLE¸ENT THE RIgHTs Of pERsONs accUsED aND cONVIcTED Of cRI¸Es). As THE UsEs Of THE TER¸ “RIgHTs” HaVE bEcO¸E ¸ORE ExTENsIVE, ITs ¸EaNINg Has faDED. °ERE aRE ¸aNy DIffERENT TypEs Of LEgaL RIgHTs, fOR Exa¸pLE, sO THaT THE ¸ERE assERTION Of a RIgHT TELLs Us LITTLE abOUT ITs scOpE OR EffEcT. MUcH spEcIficITy Is NEcEssaRy IN ORDER TO ¸akE a cLaI¸ Of RIgHT cLEaR aND ¸EaNINgfUL. °E bEsT way TO THINk abOUT RIgHTs (¸ORaL OR LEgaL) Is THaT THEy aRE cORRELaTIVE TO DUTIEs. °Us, If º HaVE a RIgHT TO DO Å, sO¸EONE ELsE—aN INDIVIDUaL OR pERHaps THE sTaTE—Has a DUTy TO ¸E, EITHER NOT TO INTERfERE wITH ¸y DOINg Å OR, IN sO¸E INsTaNcEs, TO assIsT ¸E IN DOINg Å. º ¸ay aLsO HaVE a DUTy TO ExERcIsE ¸y RIgHT REspONsIbLy, sO as NOT TO INTERfERE wITH THE RIgHTs Of OTHERs. ±NE cO¸¸ON pRObLE¸ wITH RIgHTs LaNgUagE Is THE pERcEpTION THaT EVERyONE Has RIgHTs aND NO ONE Has REspONsIbILITIEs. ANOTHER Is THaT RIgHTs bELONg
s t p e c n o C lacihtE cisaB fo yrassolG
TO a “cONsTITUTIONaL LIbERTy INTEREsT.”)
ONLy TO INDIVIDUaLs, sO THaT THE RIgHTs Of INDIVIDUaLs aRE pITTED agaINsT THE
174
INTEREsTs Of cO¸¸UNITIEs. ³IgHTs LaNgUagE sHOULD bE UsED jUDIcIOUsLy TO aVOID THEsE pITfaLLs.
g n i K .P . M y c n a N
virtues â MaNy Of THE basIc cONcEpTs Of ETHIcs TakE THE fOR¸ Of principles, THaT Is, RULEs Of gENERaL appLIcaTION. AUTONO¸y, bENEficENcE, aND jUsTIcE aRE aLL Exa¸pLEs Of pRINcIpLEs. ³IgHTs aLsO pLay a pRO¸INENT ROLE IN ¸EDIcaL ETHIcs bEcaUsE Of THE cONNEcTIONs bETwEEN ETHIcs, pOLIcy, aND Law. BUT THERE aRE OTHER ways Of cONcEpTUaLIzINg ETHIcs. ±NE way THaT Is wELL kNOwN TO ¸OsT Of Us Is THROUgH VIRTUEs. ÂIRTUE LaNgUagE Is THE LaNgUagE Of “bEINg” RaTHER THaN “DOINg.” WHEREas pRINcIpLEs pROVIDE “RULEs” fOR “sOLVINg” ETHIcaL “pRObLE¸s,” VIRTUEs DEscRIbE THE kIND Of pEOpLE wE aspIRE TO bE. °Ey sET sTaNDaRDs Of cHaRacTER aND cONsIDER HOw DIffERENT TRaITs Of cHaRacTER aDD Up TO a gOOD pERsON, OR a gOOD HEaLTH pROfEssIONaL. °E ¸ORaL LaNgUagE THaT ¸aNy pEOpLE UsE ¸ORE cLOsELy ¸aTcHEs VIRTUEs THaN IT DOEs pRINcIpLEs. A pRINcIpLIsT ¸IgHT say, “YOU’RE wRONg,” OR, “ºT’s THE RIgHT THINg TO DO.” ºNsTEaD, ¸aNy pEOpLE say THINgs LIkE, “º wOULDN’T fEEL RIgHT If º DID THaT,” OR, “º’¸ NOT THE kIND Of pERsON wHO cOULD DO THaT.” MaNy cODEs Of ETHIcs fOR HEaLTH caRE pROfEssIONaLs UsE VIRTUE LaNgUagE, fOcUsINg ON wHaT IT ¸EaNs TO bE a gOOD DOcTOR OR a gOOD NURsE ¸ORE THaN ON RULEs aND acTION gUIDEs (fOR Exa¸pLE, “°E NURsE sHOULD bE HONEsT,” RaTHER THaN, “°E NURsE sHOULD TELL THE TRUTH”). ÂIRTUE LaNgUagE Is THE LaNgUagE Of ¸aNy RELIgIOUs TRaDITIONs aND fOR¸s THE basIs Of ¸UcH Of THE ¸ORaL INsTRUcTION THaT fa¸ILIEs pass ON TO cHILDREN, bUT THE cONcEpT Of VIRTUE ETHIcs aLsO Has ROOTs IN ARIsTOTLE. ANy cO¸pLETE sysTE¸ Of ETHIcs wILL INcLUDE bOTH pRINcIpLEs aND VIRTUEs, sEEINg THE¸ as cO¸pLE¸ENTaRy RaTHER THaN cO¸pETINg ways Of cONcEpTUaLIzINg ETHIcs.
ETh±cs ±n Med±c±ne ºN ²NTROdUcTION TO µORAl »OOlS ANd »RAdITIONS Larry R. Churchill, Nancy M. P. King, David Schenck, and Rebecca L. Walker
Foreground Decisions in a Background of Relationships ºN THIs VOLU¸E THE REaDER Is cONfRONTED wITH a VaRIETy Of cO¸pLEx ETHIcaL sITUaTIONs IN ¸EDIcINE aND HEaLTH caRE. °EsE sITUaTIONs aRE TypIcaLLy ExpREssED as pRObLE¸s REqUIRINg sHaRp-EDgED, EITHER/OR ¸ORaL cHOIcEs: SHOULD a pHysIcIaN LIE TO a paTIENT wHEN THE LIE pRO¸IsEs paTIENT bENEfiT? ºs IT gOOD TO bE caNDID abOUT ¸EDIcaL ¸IsTakEs, aND If sO, wHOsE gOOD Is sERVED? SHOULD pHysIcIaNs aD¸INIsTER LIfE-saVINg THERapIEs IN OppOsITION TO paTIENT DIREcTIVEs TO fORgO sUcH INTERVENTIONs? °Is Essay Is a bRIEf INTRODUcTION TO ETHIcs IN ¸EDIcINE. ±NE Of ITs aI¸s Is TO pROVIDE a skETcH Of THE ¸ajOR ETHIcaL THEORIEs aND ¸ORaL TRaDITIONs THaT aRE cO¸¸ONLy UsED as TOOLs fOR aNaLyzINg aND REsOLVINg cO¸pLEx ¸ORaL pRObLE¸s. ALTHOUgH ¸ORaL pRObLE¸-sOLVINg Is aN I¸pORTaNT paRT Of ETHIcs, IT Is ONLy a paRT. ALL ¸ORaL pRObLE¸s ExIsT IN a backgROUND Of UNDERsTaNDINgs, RELaTIONsHIps, aND ExpERIENcEs THaT pREfigURE aND sHapE THE¸. ºN THIs way, ETHIcs Is aLsO abOUT THE NaTURE aND qUaLITy Of HU¸aN ENcOUNTERs. A pHysIcIaN wHO DEcIDEs TO LIE TO HER paTIENT TO pROTEcT HI¸ fRO¸ sO¸E HaR¸ DOEs sO IN THE cONTExT Of a HIsTORy aND a RELaTIONsHIp ¸aRkED by ¸aNy NONDEcIsIONaL ELE¸ENTs, INcLUDINg THE pREVIOUs UNDERsTaNDINgs bETwEEN THE¸, THE ¸OTIVaTIONs fOR jUDg¸ENT aND acTION, aND sO¸E DEgREE Of TRUsT. °E decision TO LIE Is THUs ONLy a s¸aLL paRT Of “ETHIcs” IN THIs Exa¸pLE. AssU¸INg THaT THEIR pREVIOUs INTERacTIONs wERE ¸aRkED by HONEsTy, THE pHysIcIaN wHO LIEs TO HER paTIENT cHaNgEs THEIR RELaTIONsHIp aND REDEfiNEs HERsELf. SURROUNDINg HER DEcIsION aRE DELIbERaTIONs, I¸agININgs, aND INTENTIONs THaT pREcEDE, INfOR¸, fOLLOw, aND INEVITabLy aLTER wHO THIs pHysIcIaN Is, aND wHO sHE Is wITH aND fOR THIs paTIENT.
°Is cO¸pLEx, cONTExTUaL backgROUND NEcEssaRILy gIVEs ¸ORaL DEcIsIONs
176
a LaRgER ¸EaNINg, bEcaUsE REspONDINg TO ¸ORaL DILE¸¸as REqUIREs DEcIsION ¸akERs TO IDENTIfy, cRITIcaLLy assEss, aND pRIORITIzE THEIR ¸ORaL VaLUEs IN ORDER
.la te llihcruhC .R yrraL
TO fiND acTIONs THaT ExpREss THEsE VaLUEs. YET THIs Is NO sI¸pLE ¸aTTER, fOR THREE REasONs. FIRsT, ¸ORaL acTORs ¸ay bE UNsURE jUsT wHIcH cO¸¸IT¸ENTs THEy waNT TO ExpREss. ±ſtEN OUR DEEpEsT cONVIcTIONs aRE NOT TRaNspaRENT TO Us, aND wE ¸ay HaVE TO wORk TO DIscOVER THE¸. SEcOND, pUTTINg OUR cONVIcTIONs aND cO¸¸IT¸ENTs INTO pRacTIcE REqUIREs ¸aNy DIffERENT capacITIEs aND skILLs. ´THIcs Is paRT LOgIc (fOLLOwINg aN aRgU¸ENT), paRT LEaps Of E¸paTHIc I¸agINaTION (sTEppINg INTO sO¸EONE ELsE’s sHOEs), paRT sTORyTELLINg (wEaVINg a cOHERENT THREaD THROUgH OUR ¸ORaL ¸OTIVEs, ¸EaNs, aND acTIONs), aND ¸aNy OTHER THINgs. ´THIcs INVOLVEs ¸aNy facULTIEs aND capacITIEs. ºT Is NOT jUsT a fUNcTION Of cLEaR REasONINg capacITy OR bENEVOLENT fEELINgs, Of HaVINg THE RIgHT RULEs OR pRINcIpLEs, OR Of pOssEssINg gOOD INTENTIONs OR acHIEVINg gOOD OUTcO¸Es. ºNsTEaD, ETHIcs INVOLVEs aLL Of THEsE HU¸aN capacITIEs IN ways THaT REqUIRE ¸ORaL acTORs TO UNDERsTaND THaT THEIR wHOLE sELVEs aRE INVOLVED. °IRD, bEcaUsE ETHIcaL cHOIcEs ENgagE OUR ¸OsT DEEpLy HELD aND sELf-DEfiNINg ExpREssIONs, NO ONE TER¸INOLOgy fOR DEscRIbINg ETHIcs pREDO¸INaTEs. FOR Exa¸pLE, IN ExpLaININg THE fiRsT TwO pOINTs abOVE wE HaVE aLTERNaTIVELy TaLkED abOUT “VaLUEs,” “cO¸¸IT¸ENTs,” aND “cONVIcTIONs.” °Is ¸ULTIfacETED LaNgUagE sIgNaLs THaT ETHIcs Is ¸ORE THaN aEsTHETIc pREfERENcEs OR TasTEs, ¸ORE THaN cONsU¸ER-sTyLE cHOIcEs OR DEsIREs. ´THIcs Is TOO LaRgE aND I¸pORTaNT TO bE cONfiNED TO ONE sTaNDaRD sET Of LINgUIsTIc TER¸s, aND THIs VaRIETy caN sO¸ETI¸Es LEaD TO cONfUsION. WE wILL RETURN TO THIs pLURaLIs¸ IN ETHIcaL ExpREssION LaTER IN THIs Essay, wHEN cONsIDERINg ETHIcaL THEORIEs aND THE I¸pORTaNcE Of aN EcLEcTIc appROacH.
Ethics as Human and Humanizing ´THIcs appEaRs TO bE DIsTINcTIVELy HU¸aN. MaNy OTHER aNI¸aLs sEE¸ TO bE capabLE Of ¸ORaL bEHaVIOR—sHa¸E, LOyaLTy, HELpINg OTHERs—aND pRacTIcE IT ROUTINELy. BUT IT Is THE capacITy TO sysTE¸aTIcaLLy aND cRITIcaLLy REflEcT ON ONE’s ¸ORaL bEHaVIOR THaT sEE¸s TO bE UNIqUELy cHaRacTERIsTIc Of ETHIcs. ´THIcs Is NOT sI¸pLy skILL IN DOINg gOOD, bUT kNOwINg why wHaT ONE Is DOINg caN bE caLLED “gOOD,” HaVINg sELf-cONscIOUsLy cHOsEN IT fRO¸ a¸ONg THE aLTERNaTIVEs. As faR as wE caN DIscERN, ONLy HU¸aNs pRacTIcE ETHIcs IN THIs REflEcTIVE sENsE. ´THIcs Is aLsO a humanizing acTIVITy. CONVERsaTIONs IN ETHIcs REqUIRE VIEwINg OTHERs wITH REspEcT aND REgaRD; aN ExcHaNgE IN ETHIcs bEgINs wITH THE assU¸p-
TION THaT OTHERs aRE Of VaLUE aND aRE sUbjEcTs Of a RIcH aND cO¸pLEx LIfE, jUsT as wE aRE. °Is sI¸pLE gEsTURE Of REspEcT Is HU¸aNIzINg bEcaUsE IT ¸EaNs THaT
177
pOwER aND sTaTUs IN ORDER TO ENgagE IN ETHIcs DIscUssION wITH aNOTHER. °Is sUspENsION Of sTaTUs aND pOwER ENabLEs aTTENTION TO THE OTHER pERsON— aND, REflExIVELy, aLsO TO ONEsELf. °Us, ENgagINg IN ETHIcaL DELIbERaTION ¸EaNs LIsTENINg—payINg aTTENTION—aND DRaws UpON OUR E¸paTHIc capacITy. ´THIcs REqUIREs Us, aND E¸paTHy ENabLEs Us, fiRsT TO REcOgNIzE OTHER pERsONs as sENTIENT aND REflEcTIVE bEINgs wHOsE ¸ORaL cO¸¸IT¸ENTs aRE as I¸pORTaNT TO THE¸ as OUR OwN VaLUEs aRE TO Us, aND THEN TO VIgOROUsLy aND REspEcTfULLy ENgagE wITH OTHERs aND THEIR VaLUEs. °Is ENgagE¸ENT Is NOT Easy. A¸ERIcaNs TEND TO bE TOLERaNT Of DIffERENcEs aND sO¸ETI¸Es RELUcTaNT TO DIscUss THE¸. ±ſtEN THEy fEaR DIsagREE¸ENT aND sEE IT as cOUNTERpRODUcTIVE OR pOLaRIzINg, as If ackNOwLEDgINg DIVERgENcE IN ¸ORaL cONVIcTIONs wOULD ¸akE cONVERsaTION DIfficULT aND cONsENsUs I¸pOssIbLE. YET THIs kIND Of TOLERaNT RELUcTaNcE caN bE as DEbILITaTINg fOR ETHIcs as Is THE HaRDENED IDEOLOgIcaL pOsITIONINg IT sEEks TO aVOID. GENUINE ETHIcaL INqUIRy aRIsEs fRO¸ THE RIcH HU¸aN backgROUND wE HaVE bEEN DEscRIbINg aND Is cHaRacTERIzED by OpENNEss TO aND ExpLORaTION Of DIffERENcEs. °Is ¸ORaL agNOsTIcIs¸ sTaNDs IN OppOsITION TO ¸ORaLIzINg OR pROsELyTIzINg fOR ONE’s pOsITION aND aLsO IN OppOsITION TO THE TOLERaNT RELaTIVIs¸ THaT wOULD aVOID ENDORsINg aNy pOsITION aT aLL. ºT says, “º HaVE sTRONg cONVIcTIONs, bUT º aLsO kNOw THaT º aLONE DO NOT pOssEss THE fiNaL TRUTH.” SUcH a DE¸EaNOR sEEks THE bEsT OpTIONs THROUgH a caREfUL Exa¸INaTION Of THE ETHIcaL I¸pLIcaTIONs Of aLL THE pOssIbILITIEs aND a caREfUL pRObINg Of THE LaRgER ¸EaNINg Of THEsE OpTIONs. °E assU¸pTION THaT aLL paRTIEs ENgagED HaVE a ¸ORaLLy sIgNIficaNT HU¸aN VOIcE (If NOT fiNaLLy a fULLy pERsUasIVE pOsITION ON REsOLVINg aN IssUE) Is THE basIc cONDITION fOR DIaLOgUE. °Is assU¸pTION caN aLsO ¸akE cONsENsUs EasIER aND THE LaRgER Task Of cO¸¸UNITy bUILDINg pOssIbLE. ´NgagE¸ENT wITH OTHERs IN ¸ORaL DIscUssION Is HU¸aNIzINg IN yET aNOTHER way. °E ¸UTUaL E¸paTHy aND REspEcTfUL REgaRD fOR DIffERENcEs THaT LETs VaLUEs E¸ERgE IN aN ExcHaNgE Is aLsO a ¸ODE Of INTERacTINg THaT Is VasTLy LEss HaR¸fUL fOR THE paRTIcIpaNTs. ANyONE wHO Has bEEN INVOLVED IN a sITUaTION THaT THREaTENED TO TURN VIOLENT wILL I¸¸EDIaTELy gRasp THE I¸pORTaNcE Of THIs HU¸aNIzINg fUNcTION. ´THIcaL DIscUssION caN bE THOUgHT Of as a way Of DEaLINg wITH DIffERENcEs—ONE THaT Is sUpERIOR TO ¸aNy OTHER ¸ODEs Of HaNDLINg DIsagREE¸ENTs, sUcH as sHOUTINg ¸aTcHEs, HOLDINg gRUDgEs, fiLINg LawsUITs, OR sHOOTINg pEOpLE. ´THIcaL skILLs bEcO¸E EspEcIaLLy I¸pORTaNT aND UsEfUL IN
enicideM ni scihtE
¸ORaL acTORs aRE wILLINg TO sET asIDE, aT LEasT fOR THE ¸O¸ENT, DIffERENcEs IN
a cULTURaL ENVIRON¸ENT Of pOLaRIzaTION aND VILLaINIzINg Of THOsE wITH DIffER-
178
ENT VIEws. PERHaps ¸OsT I¸pORTaNT, THE assU¸pTION Of THE ¸ORaL I¸pORTaNcE Of
.la te llihcruhC .R yrraL
¸ULTIpLE VOIcEs ¸akEs cO¸¸UNITy pOssIbLE bOTH bEfORE aND aſtER DEcIsIONs HaVE bEEN ¸aDE. BEcaUsE ¸ORaL DIaLOgUE Is a ¸ODE Of ¸UTUaL REcOgNITION aND REspEcT, IT Has a pOsITIVE EffEcT ON HU¸aN bONDINg aND cO¸¸UNITy bUILDINg EVEN wHEN IT faILs as a ¸EcHaNIs¸ Of pRObLE¸ sOLVINg OR cONsENsUs. ´THIcs Has INTRINsIc VaLUE, NOT jUsT INsTRU¸ENTaL VaLUE as a ¸EaNs TO aN END. ºT Is sO¸ETI¸Es saID THaT VIRTUE Is ITs OwN REwaRD. °Is ¸EaNs NOT ONLy THaT THE VIRTUOUs sHOULD NOT NEcEssaRILy ExpEcT TO bEcO¸E RIcH aND fa¸OUs bUT aLsO THaT bEINg VIRTUOUs TEacHEs ONE a bETTER sET Of REwaRDs THaN ¸ONEy OR fa¸E: THE bENEfiTs Of INTEgRITy, cO¸passION, aND sELf-REspEcT. ´NgagINg OTHERs IN ¸ORaL DIaLOgUE INHERENTLy aDVaNcEs pERsONaL aND cO¸¸UNaL LIfE IN ways THaT HaVE LITTLE TO DO wITH DEcIsIONs, OUTcO¸Es, OR cONsEqUENcEs. °Us, wHILE IT ¸ay LEaD TO bETTER DEcIsIONs aND OUTcO¸Es, ETHIcs as aN acTIVITy Is aLsO ITs OwN REwaRD.
Practicality, Expertise, and Common Moral Wisdom ºN ONE sENsE ETHIcs Is E¸INENTLy pRacTIcaL. ºT Is abOUT HOw TO LIVE OUR LIVEs, wHaT cHOIcEs TO ¸akE, aND ULTI¸aTELy wHO wE aRE, INDIVIDUaLLy aND RELaTIONaLLy. A NU¸bER Of ¸ORaL THEORIEs aND TRaDITIONs cO¸¸ONLy INVOkED IN ¸EDIcaL ETHIcs aRE DIscUssED LaTER IN THIs Essay. SO¸ETI¸Es ¸ORaL agENTs, IN THE THROEs Of a DIfficULT cHOIcE, bEcO¸E I¸paTIENT wITH THEORIEs aND sEEk TO bypass OR IgNORE THE¸. YET THEORIEs OſtEN HaVE pRacTIcaL UTILITy. °Is UTILITy aRIsEs IN paRT bEcaUsE THEORIEs OſtEN cONTaIN sO¸E pORTION Of DIsTILLED wIsDO¸ abOUT wHaT Is gOOD OR RIgHT. ºN aDDITION, THE acTIVITy Of THEORIzINg caN aLsO bE a VERy HELpfUL way TO LOcaTE INcONsIsTENcIEs IN OUR THINkINg, pREcIsELy bEcaUsE IT REqUIREs Us TO TakE a sTEp back fRO¸ THE paRTIcULaR cONTExT Of DEcIsIONs aND cHOIcEs TO ask how ¸ORaL IssUEs aRE bEINg fRa¸ED, wHaT assU¸pTIONs wE aRE ¸akINg, aND wHaT wOULD cOUNT as a gOOD REasON fOR DOINg sO¸ETHINg. MORaL THEORIzINg Is I¸pORTaNT bEcaUsE as HU¸aNs wE INEVITabLy sEEk INTELLEcTUaL cOHERENcE fOR OUR LIVEs. GIVEN ITs cO¸pLExITy aND pRacTIcaL I¸pORTaNcE, ETHIcs ¸IgHT bE (INDEED, Has bEEN) THOUgHT TO bE a fiELD fOR ExpERTs. ºN THE pasT, pHysIcIaNs, pRIEsTs, aND sO¸ETI¸Es LawyERs wERE THOUgHT TO bE THE ExpERTs IN ¸EDIcaL ETHIcs. ºN cONTE¸pORaRy sOcIETy, bIOETHIcIsTs aND ¸ORaL pHILOsOpHERs aRE OſtEN assIgNED THaT ROLE. WHILE THERE Is a pLacE fOR cONsULTINg aUTHORITIEs aND ¸ORaL ExpERTIsE—
aND REaL bENEfiT fRO¸ sTUDyINg ÁIppOcRaTEs, ARIsTOTLE, KaNT, aND µIETzscHE, NOT TO ¸ENTION FREUD, JUNg, GILLIgaN, aND DOzENs Of OTHERs—THE INsIgHTs Of
179
accEssIbLE TO aNyONE. °E pRacTIcaL skILLs Of ETHIcaL DIscERN¸ENT, REflEcTION, aND DELIbERaTION aRE aLREaDy aVaILabLE TO THOsE wHO TakE THE TI¸E TO bE THOUgHTfUL aND NOT REacTIVE IN ¸ORaL jUDg¸ENTs. AND wITH sO¸E sTUDy, THE TOOLs Of VaRIOUs TRaDITIONs aND THEORIEs caN bE aVaILabLE as wELL. A ¸ajOR Task Of ETHIcaL DELIbERaTION Is DETER¸ININg jUsT wHIcH paRTs Of THEsE TRaDITIONs aND THEORIEs aRE UsEfUL TOOLs fOR ¸ORaL DIscERN¸ENT IN paRTIcULaR casEs. ´THIcaL DEcIsIONs caN bE VERy cHaLLENgINg fOR a VaRIETy Of REasONs. SO¸ETI¸Es wHaT ¸akEs THE¸ cHaLLENgINg Is a ¸aTTER Of INaDEqUaTE THEORIEs, OR a pOOR gRasp OR appLIcaTION Of THEORETIcaL cONsTRUcTs. AT OTHER TI¸Es THE cHaLLENgE aRIsEs fRO¸ INsUfficIENT aTTENTION TO THE cONcRETE DyNa¸Ics Of ¸ORaL ENcOUNTER, THaT Is, TO THE sETTINgs aND RELaTIONsHIps IN wHIcH spEcIfic ETHIcaL pRObLE¸s DEVELOp. SO¸ETI¸Es wE DO NEED bETTER THEORIEs OR bETTER jUDg¸ENT abOUT HOw TO appLy THE¸. SO¸ETI¸Es IT Is ¸ORE HELpfUL TO sEEk bETTER ¸ODEs Of HU¸aN ENgagE¸ENT—TO cREaTE aND ¸aINTaIN a “¸ORaL spacE” (WaLkER 1993) wITHIN wHIcH wE ¸ay safELy ENcOUNTER OURsELVEs aND EacH OTHER. ºN sHORT, ETHIcaL DIscUssIONs THaT bEcO¸E UNpRODUcTIVE OR pOLaRIzED caN E¸bODy faILUREs Of sEVERaL sORTs: faILUREs Of E¸paTHy, faILUREs Of I¸agINaTION, faILUREs Of LOgIc aND aNaLOgIcaL REasONINg, OR, TOO OſtEN, ¸ULTIpLE ¸aLfUNcTIONs. °E fiNaL aI¸ Of ETHIcs Is ¸ORE THaN gOOD DEcIsIONs; IT Is a gOOD LIfE, a LIfE ¸aRkED by ¸ORaL wIsDO¸ acqUIRED THROUgH ExpERIENcE aND REflEcTION. ¶EVELOpINg aND cONsULTINg THaT REsERVOIR Of ¸ORaL wIsDO¸ Is a LIfELONg Task. WE aRE NOT ¸ORaLLy TRaNspaRENT TO OURsELVEs; fiNDINg aND cRITIcaLLy affiR¸INg OUR VaLUEs TakEs REaL wORk aND THE HELp Of cONVERsaTION paRTNERs. °Is was ONE Of THE ¸OsT I¸pORTaNT LEssONs Of SOcRaTEs. MORaL TRaDITIONs aND THEORIEs caN assIsT Us IN THE wORk Of LOcaTINg, aRTIcULaTINg, aND TEsTINg THE VaLUE- LaDEN cO¸pONENTs Of OUR ExpERIENcE—EspEcIaLLy wHEN THEy aRE THOUgHT Of as TOOLs, RaTHER THaN as REcIpEs fOR acTION OR aNswER bOOks.
Moral Traditions and Ethical Theories: A Beginning Inventory of Tools °Us, bEINg aN ETHIcaLLy LITERaTE pERsON ¸EaNs kNOwINg wHaT TOOLs aRE aVaILabLE, aND bEINg a gOOD DOcTOR ¸EaNs HaVINg a wORkINg acqUaINTaNcE wITH THE TRaDITIONs aND ¸ajOR THEORIEs THaT aRE LIkELy TO bE HELpfUL IN THE sITUaTIONs pHysIcIaNs TypIcaLLy facE. ºN WEsTERN ¸ORaL TRaDITION, THEORIEs Of ETHIcs caN bE ROUgHLy
enicideM ni scihtE
THEsE scHOLaRs aND THE TRaDITIONs aND THEORIEs THEy REpREsENT caN bE ¸aDE
gROUpED INTO TwO DO¸aINs: pRINcIpLE aND VIRTUE. PRINcIpLE-basED THEORIEs Of
180
ETHIcs aRE cURRENTLy DO¸INaNT, bUT VIRTUE-ORIENTED appROacHEs wERE syNONy¸OUs wITH ETHIcs UNTIL ROUgHLy THE ´UROpEaN aND µORTH A¸ERIcaN ´NLIgHTEN-
.la te llihcruhC .R yrraL
¸ENT pERIOD (THE EIgHTEENTH cENTURy), aND THEy sTILL pLay aN I¸pORTaNT ROLE. ºN cONTE¸pORaRy THOUgHT, ´asTERN ¸ORaL TRaDITIONs, sUcH as CONfUcIaNIs¸ aND BUDDHIs¸, aRE UsUaLLy THOUgHT Of as VIRTUE-basED.
principle- b ased theories â ³EasONINg THROUgH pRINcIpLEs Is VERy fa¸ILIaR IN WEsTERN THOUgHT; IT Is qUasI-¸aTHE¸aTIcaL IN sTyLE, sEEkINg TO DEDUcE RIgHT cHOIcEs fRO¸ THE appLIcaTION Of NOR¸s. PRINcIpLE-basED REasONINg fOR¸s THE basIs Of ¸UcH Of A¸ERIcaN Law aND pUbLIc pOLIcy, aND IT Has sTRONgLy INflUENcED ¸ODERN ¸EDIcaL ETHIcs. MaNy REcENT pROfEssIONaL cODEs Of ETHIcs aRE cO¸pOsED Of pRINcIpLEs, aND sO¸E Of THE LEgaL pRINcIpLEs UNDERLyINg THE BILL Of ³IgHTs—fREEDO¸ Of spEEcH, fREEDO¸ Of RELIgION, LIbERTy aND pRIVacy, DUE pROcEss, aND EqUaL pROTEcTION Of THE Laws—HaVE bEcO¸E THOROUgHLy IDENTIfiED wITH HEaLTH caRE ETHIcs as a REsULT Of THEIR I¸pORTaNcE IN DEfiNINg THE RIgHTs Of paTIENTs. °E TRIU¸VIRaTE Of paRTIcULaR pRINcIpLEs THaT sHapE ¸OsT DIscUssIONs Of ¸EDIcaL ETHIcs—aUTONO¸y, bENEficENcE, aND jUsTIcE—Has bEEN THE cENTERpIEcE Of ¸EDIcaL ETHIcs THEORy fOR sEVERaL DEcaDEs (BEaUcHa¸p aND CHILDREss 2012). °E pRINcIpLE Of aUTONO¸y, OR ¸ORE fULLy, REspEcT fOR aUTONO¸y, Is THE pRINcIpLE ¸OsT OſtEN assOcIaTED wITH paTIENTs’ RIgHTs. ÁONORINg THE aUTONO¸y Of paTIENTs ¸EaNs accORDINg THE¸ sELf-DETER¸INaTION by VIEwINg THEIR DEcIsIONs aND cHOIcEs as wORTHy Of REspEcT; IT ¸EaNs NOT INTERfERINg wITH THE¸ (THE “NEgaTIVE” RIgHT TO bE LEſt aLONE) UNLEss THEIR acTIONs INjURE OTHERs; aND IT aLsO ¸EaNs assIsTINg THE¸ IN THE ExERcIsE Of THEIR aUTONO¸y (fOR Exa¸pLE, by pROVIDINg INfOR¸aTION abOUT HEaLTH caRE DEcIsIONs aND REasONINg wITH THE¸ abOUT THE bENEfiTs aND HaR¸s Of pOTENTIaL INTERVENTIONs). ºN cONTRasT, THE pRINcIpLE Of bENEficENcE fOcUsEs ON THE DUTy Of HEaLTH caRE pROVIDERs TO acT IN THE bEsT INTEREsTs Of THE paTIENT. BENEficENcE, wHIcH ENTaILs bOTH “DOINg NO HaR¸” aND TRyINg TO DO gOOD, Is gENERaLLy sEEN by HEaLTH caRE pROVIDERs as THE ¸OsT I¸pORTaNT ¸ORaL pRINcIpLE IN HEaLTH caRE. MORaL qUaNDaRIEs IN HEaLTH caRE aRE sO¸ETI¸Es pREsENTED, sO¸EwHaT sUpERficIaLLy, as cONflIcTs bETwEEN THE pRINcIpLEs Of aUTONO¸y aND bENEficENcE, wHIcH aRE THEN DIcHOTO¸IzED aND OffERED as EITHER/OR cHOIcEs. AN Exa¸pLE Is a paTIENT’s DEsIRE fOR a cOURsE Of acTION THaT Is cONTRaRy TO DOcTORs’ DUTy TO pROTEcT THE paTIENT’s HEaLTH. ºN THEsE INsTaNcEs, IT Is I¸pORTaNT TO REcOgNIzE THaT a NU¸bER Of kEy cONcEpTs aND IssUEs IN HEaLTH caRE ETHIcs—IN paRTIcULaR, INfOR¸ED
cONsENT, TRUTH TELLINg, aND cONfiDENTIaLITy—cO¸bINE aND wEIgH bOTH cONsIDERaTIONs Of REspEcT fOR aUTONO¸y aND DUTIEs Of bENEficENcE. CaREfUL aNaLysIs
181
UNDERsTOOD NOT as INEVITabLy cO¸pETINg bUT as pOTENTIaLLy cO¸pLE¸ENTaRy. JUsTIcE Is UsUaLLy UNDERsTOOD TO ¸EaN faIRNEss, aND IT INTRODUcEs a wIDER sOcIaL DI¸ENsION TO INDIVIDUaL caREgIVER-paTIENT RELaTIONsHIps THaN THOsE aspEcTs E¸pHasIzED by aUTONO¸y aND bENEficENcE. JUsTIcE sO¸ETI¸Es ¸EaNs aDDREssINg qUEsTIONs abOUT THE DIsTRIbUTION Of HEaLTH caRE REsOURcEs, aND wHaT IT ¸EaNs TO DO sO EqUaLLy OR faIRLy. ºT sO¸ETI¸Es ¸EaNs cONsIDERINg wHETHER HEaLTH caRE sHOULD HaVE a ROLE IN RE¸EDyINg INjUsTIcEs, pasT OR pREsENT. JUsTIcE aLsO fOcUsEs ON qUEsTIONs LIkE wHETHER HEaLTH caRE Is (OR sHOULD bE) a RIgHT, aND wHaT THaT ¸IgHT ¸EaN. GROwINg REcOgNITION Of THE LI¸ITs Of THE fiNaNcIaL aND ¸aTERIaL REsOURcEs THaT caN bE appLIED TO ¸EET HEaLTH caRE NEEDs Has HELpED TO bRINg THE LaRgER pOLITIcaL aND sOcIaL DI¸ENsIONs Of HEaLTH caRE ETHIcs INTO THE fOREfRONT Of DIscUssION aND cONcERN. °E ¸EaNINg Of jUsTIcE IN HEaLTH caRE, bOTH DO¸EsTIcaLLy aND gLObaLLy, Is a cENTRaL cONcERN Of THaT INqUIRy. MaNy Of THE ¸ajOR ¸ORaL THEORIEs THaT HaVE bEEN appLIED TO ¸EDIcaL ETHIcs aRE pRINcIpLE-basED. °E “DEONTOLOgIcaL” OR DUTy-basED ¸ORaL THEORy Of º¸¸aNUEL KaNT (1724–1804), wHIcH E¸pHasIzEs TREaTINg pERsONs as “ENDs IN THE¸sELVEs,” RaTHER THaN as ObjEcTs TO bE UsED ONLy as ¸EaNs fOR acHIEVINg THE ENDs Of OTHERs, Has bEEN INflUENTIaL IN ¸EDIcaL ETHIcs’ UNDERsTaNDINg Of THE pRINcIpLE Of aUTONO¸y (1985). JERE¸y BENTHa¸ (1748–1832) aND JOHN STUaRT MILL (1806–1873) aRE THE ¸OsT I¸pORTaNT ExpONENTs Of UTILITaRIaNIs¸, IN wHIcH RIgHT acTIONs aRE THOsE THaT REsULT IN THE gREaTEsT wELfaRE fOR THE gREaTEsT NU¸bER. ·TILITaRIaN THEORIEs cONsIDER bENEficENcE TO bE cENTRaL (bUT MILL aLsO pREscRIbEs THaT acTIONs THaT DO NOT HaR¸ OTHERs sHOULD NOT bE INTERfERED wITH by sOcIETy, THUs EsTabLIsHINg aUTONO¸y as a UTILITaRIaN gOOD). °EsE TwO THEORIEs—KaNTIaN DEONTOLOgy aND UTILITaRIaNIs¸—aRE THE ONEs ¸OsT OſtEN cITED IN HEaLTH caRE ETHIcs. ¹OO OſtEN THEy aRE VIEwED as bEINg IN OppOsITION, bUT THEy caN bE aND fREqUENTLy aRE cO¸bINED as THE basIs Of ¸UcH Law aND pUbLIc pOLIcy (STEINbOck, ²ONDON, aND ARRas 2013).
virtue- o riented theories â ÂIRTUE (OR cHaRacTER) Is VERy DIffERENT fRO¸ pRINcIpLE as a way Of THINkINg abOUT ETHIcs. ºT Is NOT qUaNDaRy-fOcUsED aND DOEs NOT pREsENT a sET Of RULEs OR NOR¸s TO appLy TO a pRObLE¸. ÂIRTUE THEORy LOOks aT pERsONs. ºNsTEaD Of TakINg a cHOIcE OR DEcIsION as THE UNIT Of aNaLysIs, VIRTUE-ORIENTED appROacHEs INsIsT THaT ¸ORaLITy Is fiRsT aND fORE¸OsT abOUT THE ¸ORaL acTOR. ºNsTEaD Of askINg wHETHER aN acTION Is cONsIsTENT wITH a pRINcIpLE, sUcH as “WHaT DEcIsION DOEs bENEficENcE REqUIRE?,” VIRTUE
enicideM ni scihtE
wILL UNcOVER THE RELaTIONsHIps bETwEEN THE¸, sO THaT THEsE pRINcIpLEs aRE bEsT
THEORIsTs aRE ¸ORE LIkELy TO ask “WHaT DOEs IT ¸EaN TO bE a TRUsTwORTHy pHy-
182
sIcIaN IN THIs sITUaTION?,” fOcUsINg ON a cHaRacTER TRaIT Of THE pERsON. ÁEaLTH pROfEssIONaLs’ cODEs aND sTaTE¸ENTs Of ETHIcs aRE OſtEN casT IN VIRTUE LaNgUagE
.la te llihcruhC .R yrraL
RaTHER THaN, OR IN aDDITION TO, THE LaNgUagE Of pRINcIpLEs (fOR Exa¸pLE, “°E NURsE sHOULD bE HONEsT” INsTEaD Of “°E NURsE sHOULD TELL THE TRUTH”). WEsTERN VIRTUE THEORy Has GREEk ROOTs, wITH ARIsTOTLE’s (384–322 ½»e) ETHIcs bEINg THE bEsT-kNOwN ExE¸pLaR. °E TER¸ “cHaRacTER” Is OſtEN assOcIaTED wITH VIRTUE ETHIcs appROacHEs. ºT REfERs TO THE way a gROUp Of VIRTUEs cREaTEs a DIsTINgUIsHINg fEaTURE Of aN INDIVIDUaL ¸ORaL acTOR, jUsT as wE spEak Of a cHaRacTER IN a DRa¸aTIc pRODUcTION. PaTIENTs OſtEN fOcUs ON VIRTUE aND cHaRacTER ¸ORE THaN ON pRINcIpLEs; ¸aNy RELIgIOUs TRaDITIONs ExpREss THEIR NOR¸s IN VIRTUE LaNgUagE, ENjOININg THEIR aDHERENTs TO LEaD LIVEs cHaRacTERIzED by “faITH, HOpE, aND LOVE,” OR TO “HaVE cO¸passION.” AND VIRTUE-ORIENTED cHaRacTER fOR¸aTION Is THE cHIEf aI¸ Of ¸UcH Of THE ¸ORaL INsTRUcTION THaT fa¸ILIEs sEEk TO pass ON TO cHILDREN. °E fa¸ILIaR cHILDHOOD ¸ORaL INsTRUcTION “BE gOOD!” Is VIRTUE LaNgUagE. ºN paRT bEcaUsE Of ITs fa¸ILIaRITy aND IN paRT bEcaUsE IT Is ¸ORE cHaLLENgINg TO appLy TO pRObLE¸s—wHERE ¸ODERN ¸EDIcaL ETHIcs fOcUsEs ITs aTTENTION— VIRTUE-ORIENTED THINkINg Has NOT bEEN THE DO¸INaNT appROacH OVER THE pasT 50 yEaRs. YET ITs REVIVaL by pHILOsOpHERs LIkE ALasDaIR MacºNTyRE (1984) Has spawNED a RENEwED INTEREsT IN VIRTUE appROacHEs TO ¸EDIcaL ETHIcs. PELLEgRINO aND °O¸as¸a (1993), fOR Exa¸pLE, HaVE sysTE¸aTIcaLLy ExpLORED THOsE VIRTUEs THEy sEE as EssENTIaL TO ¸EDIcaL pRacTIcE: fiDELITy TO TRUsT, cO¸passION, pHRONEsIs (pRacTIcaL wIsDO¸), jUsTIcE, fORTITUDE, TE¸pERaNcE, INTEgRITy, aND sELf-EffacE¸ENT. MOsT pEOpLE IN THEIR pERsONaL aND pROfEssIONaL LIVEs ¸Ix THE LaNgUagE Of pRINcIpLEs wITH THE LaNgUagE Of VIRTUEs. MOsT Of Us aLsO ¸Ix ¸ORaL THEORIEs TOgETHER wHEN wE aRE aDDREssINg IssUEs, TEsTINg THEIR sUITabILITy fOR THE pRObLE¸ aT HaND, RaTHER THaN sTUffiNg THE pRObLE¸ INTO a bOx LabELED “aUTONO¸y” OR “UTILITaRIaNIs¸” aND cUTTINg Off THE paRTs THaT wON’T fiT. °Is aL¸OsT INsTINcTIVELy EcLEcTIc appROacH TO pRacTIcaL ¸ORaL pRObLE¸ sOLVINg REpREsENTs a pRObLE¸ ONLy If ONE Is IN sEaRcH Of aN aLL-ENcO¸passINg aND fiNaL THEORy Of ETHIcs. FOR THE EVERyDay bUsINEss Of ¸ORaL REflEcTION, DIaLOgUE, aND pRObLE¸ sOLVINg, a bROaD pLURaLIs¸ Of THEORIEs aND TRaDITIONs Is bENEficIaL, sINcE IT Is OpEN TO NEw appROacHEs aND THE REDIscOVERy Of fORgOTTEN ONEs. ±NE sUcH THEORETIcaL REDIscOVERy Is casuistry, aN aNaLyTIcaL ¸ETHOD REVIVED by ALbERT JONsEN aND STEpHEN ¹OUL¸IN (1988) fRO¸ CaTHOLIc ¸ORaL THEOLOgy. CasUIsTRy ¸EaNs, sI¸pLy, REasONINg by casEs. ºT E¸pLOys casEs—NOT pRINcIpLEs OR VIRTUEs—as THE UNIT Of ¸ORaL aNaLysIs, aND REacHEs jUDg¸ENTs ON a casE-by-
casE basIs, RaTHER THaN aTTE¸pTINg TO appLy OR ExTRacT gENERaL RULEs. CasUIsTRy Is paRTIcULaRLy aTTRacTIVE fOR HEaLTH caRE ETHIcs bEcaUsE cLINIcaL ¸EDIcINE Is
183
ANOTHER THEORETIcaL INNOVaTION IN ETHIcs cO¸Es fRO¸ REcOgNIzINg THaT casEs INEVITabLy INVOLVE THE wEaVINg Of a NaRRaTIVE, aND narrative ethics Has E¸ERgED TO Na¸E a way Of DOINg ETHIcs THaT fOcUsEs NOT jUsT ON THE casE bUT ON THE sTORy (ÁUNTER 1991; CHa¸bERs 2010). STORIEs HaVE sTORyTELLERs, ¸ajOR aND ¸INOR cHaRacTERs, RELaTIONsHIps, DRa¸aTIc sTRUcTURE, aND HIsTORy. STORIEs caN aLsO OſtEN bE TOLD fRO¸ ¸ULTIpLE VIEwpOINTs, E¸pLOyINg fRa¸Es Of REfERENcE Of VaRyINg sIzEs: fa¸ILy, INsTITUTION, cO¸¸UNITy, aND sOcIETy. ·sINg a NaRRaTIVE THEORy Of ETHIcs E¸pHasIzEs THaT “THE facTs” Of a casE aRE NEVER NEUTRaL OR sTaNDINg aLONE; THEy ¸UsT bE sEEN IN THEIR cONTExT IN ORDER TO bE fULLy UNDERsTOOD aND appREcIaTED. FOR Exa¸pLE, THE paTIENT’s HIsTORy, as pREsENTED by THE DOcTOR accORDINg TO THE cONVENTIONs Of ¸EDIcINE, ¸ay bE DIffERENT IN HIgHLy sIgNIficaNT ways fRO¸ THE paTIENT’s sTORy, TOLD by THE paTIENT, EVEN wHEN THE facTUaL DETaILs Of THE paTIENT’s “cHIEf cO¸pLaINT” aRE IDENTIcaL IN bOTH accOUNTs. ANOTHER cLUsTER Of ¸ORaL THEORIEs, EVEN ¸ORE DIfficULT TO cHaRacTERIzE, ¸IgHT bE LOOsELy caLLED difference ethics. °Ey cHaLLENgE THE DEfiNITIVE pOsITION Of WEsTERN ETHIcaL THEORIEs aND assERT THE sUpERIORITy Of ¸ORaL TRaDITIONs OTHER THaN THOsE DERIVED fRO¸ THE GREEks, WEsTERN RELIgIOUs TRaDITIONs, OR THE ´NLIgHTEN¸ENT. FE¸INIsT THEORIEs Of ETHIcs, fOR Exa¸pLE, cHa¸pION aN ETHIcs Of caRE, cO¸passION, aND RELaTIONsHIp OVER a TRaDITIONaL ETHIcs basED ON REasON aND jUsTIcE. ±THER THEORIEs bUILD UpON cROss-cULTURaL DIffERENcEs, aRgUINg, fOR Exa¸pLE, THaT INDIVIDUaL aUTONO¸y Is LEss sIgNIficaNT IN NON-WEsTERN cULTUREs, wHERE fa¸ILy aND cO¸¸UNITy aRE cENTRaL OR wHERE RELIgIOUs TRaDITIONs aRE NOT fOcUsED ON THE INDIVIDUaL sELf. SO¸E THEORIEs Of DIffERENcE ETHIcs gO ON TO ¸akE a DEEpER cRITIqUE Of ¸ORaL pHILOsOpHy IN gENERaL by HIgHLIgHTINg pOwER aND INEqUaLITy as a cENTRaL bUT UNDIscUssED IssUE IN ¸ORaL RELaTIONsHIps, bOTH INDIVIDUaL aND sOcIETaL, aND by bRINgINg qUEsTIONs abOUT THE UsEs Of pOwER TO THE fOREgROUND. °OUgH ¸OsT OſtEN assOcIaTED wITH fE¸INIsT ETHIcs, pOwER aNaLysIs Is cO¸¸ON aLsO TO THE sEaRcH fOR aN AfRIcaN A¸ERIcaN pERspEcTIVE ON bIOETHIcs aND TO INqUIRIEs abOUT THE RELaTIONsHIp bETwEEN ETHIcs aND ETHNIcITy aND cULTURE (PROgRaIs aND PELLEgRINO 2007; ¹ONg aND BOTTs 2018). ºT aLsO Has VIsIbLE ROOTs IN ¸ODERN ¸EDIcaL ETHIcs. FOR Exa¸pLE, THE REcOgNITION Of INEqUaLITy Of pOwER aND kNOwLEDgE bETwEEN paTIENTs aND pHysIcIaNs fOR¸ED THE basIs fOR THE DOcTRINE Of INfOR¸ED cONsENT as IT DEVELOpED IN THE 1950s aND 1960s (FaDEN aND BEaUcHa¸p wITH KINg 1986).
enicideM ni scihtE
casE-fOcUsED.
Is There a Distinctive Medical Ethic? 184 ºT Is NOTEwORTHy THaT pHysIcIaNs HaVE NOT bEEN saTIsfiED TO appLy wHaTEVER .la te llihcruhC .R yrraL
¸ORaL sTaNDaRDs wERE aVaILabLE fRO¸ RELIgION, pOLITIcaL pHILOsOpHy, OR THE cO¸¸ON ¸ORaLITy Of sOcIETy, bUT HaVE fRO¸ THE bEgINNINg Of WEsTERN ¸EDIcINE INsIsTED ON THEIR OwN cODE Of ETHIcs. ºN askINg wHETHER THERE Is aNyTHINg THaT cOULD bE caLLED a DIsTINcTIVE ¸EDIcaL ETHIc, wE aRE askINg wHETHER THE wORk Of pHysIcIaNs should bE gOVERNED by a spEcIaL ETHIc, a sET Of NOR¸s THaT aRE paRTIcULaR TO DOcTORs bEcaUsE Of THE wORk THEy DO. °E DEfiNITION Of ¸EDIcINE as a pROfEssION Is LINkED TO THE IDEa THaT pHysIcIaNs aRE IN sO¸E sENsE sET apaRT by THE NaTURE Of THEIR wORk, DEsTINED fOR a DIffERENT, If NOT HIgHER, sET Of sTaNDaRDs. °Ey aRE, aſtER aLL, askED TO DO sO¸E DIfficULT THINgs, sUcH as TRaIN IN RELaTIVE sOcIaL DEpRIVaTION OVER LONg HOURs fOR ¸aNy yEaRs, pERfOR¸ Tasks IN wHIcH THEIR OwN HEaLTH aND safETy ¸ay bE aT RIsk, aND wORk IN cONTExTs THaT REqUIRE paTIENTs TO bE ExTRaORDINaRILy VULNERabLE, bOTH bODILy aND IN TER¸s Of pERsONaL IDENTITy. ¶OEs THIs wORk REqUIRE a sET Of sTaNDaRDs THaT aRE, If NOT HIgHER, aT LEasT sO¸EwHaT ¸ORE DE¸aNDINg? PHysIcIaNs sINcE THE ÁIppOcRaTIcs HaVE THOUgHT sO. °E ÁIppOcRaTIc OaTH NOT ONLy DEscRIbEs THE ¸ORaL aspIRaTIONs Of a s¸aLL sEcT Of aNcIENT GREEk pHysIcIaNs bUT aLsO INVOkEs sTaNDaRDs THaT sET THEsE pHysIcIaNs apaRT fRO¸ OTHER kINDs Of HEaLERs ON ¸ORaL/spIRITUaL gROUNDs. WHEN THIs OaTH was fiRsT REcITED, IT was a RaDIcaL sTaTE¸ENT Of HIgHLy sTRINgENT bEHaVIORaL sTaNDaRDs fOR a pRIEsTLy bROTHERHOOD. SO IT appROpRIaTELy bEgINs wITH a pLEDgE TO “ApOLLO, AscLEpIUs, ÁygIEIa, PaNacEIa, aND aLL THE gODs aND gODDEssEs.” ¹ODay, appROpRIaTELy saNITIzED Of aNcIENT GREEk DEITIEs, THE OaTH Has cO¸E TO bE sEEN as sTaTINg ¸aNy cO¸¸ONLy HELD ¸EDIcaL VaLUEs. °E VaRIOUs cODEs aND sTaTE¸ENTs Of pRINcIpLE THaT pHysIcIaNs HaVE pUT fORwaRD sINcE THE ÁIppOcRaTIc OaTH aLsO sERVE as INDIcEs Of ¸EDIcINE’s DO¸INaNT ¸ORaL sENsIbILITy, INDIcaTINg ¸EDIcINE’s VIEw Of wHIcH IssUEs aRE I¸pORTaNT aND wHaT sTaNDaRDs sHOULD gOVERN pHysIcIaNs’ acTIONs. MOREOVER, THEsE cODEs aRE TEsTI¸ONy TO THE NEED Of pHysIcIaNs TO sTaTE THEIR sTaNDaRDs pUbLIcLy, as a way TO sIgNaL TO sOcIETy THaT pHysIcIaNs aRE “wORTHy TO sERVE THE sUffERINg” (THE ¸OTTO Of ALpHa ±¸Ega ALpHa, THE NaTIONaL ¸EDIcaL HONOR sOcIETy, as IT appEaRs ON THE TITLE pagE Of THE jOURNaL Pharos). BEcaUsE pHysIcIaNs HaVE THOUgHT Of THE¸sELVEs as TO sO¸E DEgREE sET apaRT fOR aRDUOUs aND I¸pORTaNT wORk, gRaDUaTINg cLassEs Of DOcTORs aLL OVER THE ·NITED STaTEs TypIcaLLy REcITE aN OaTH. SO¸ETI¸Es THIs Is a REVIsED VERsION Of THE ÁIppOcRaTIc OaTH, wITH THE pagaN DEITIEs aND sO¸E Of THE ¸ORE pRObLE¸aTIc INjUNcTIONs (sUcH as THE pROHIbITION agaINsT UsINg THE kNIfE) ExcIsED. FOR OTHERs THE cO¸¸ENcE¸ENT cERE¸ONy
INcLUDEs aN affiR¸aTION Of ¸ORaL cO¸¸IT¸ENTs THaT Is DIscUssED aND agREED UpON by THE gRaDUaTINg cLass ITsELf, OſtEN INcLUDINg ¸aNy Of THE ÁIppOcRaTIc
185
REflEcT cONTE¸pORaRy pRObLE¸s, sUcH as pLEDgINg TO wORk fOR aN INcLUsIVE sysTE¸ Of HEaLTH caRE cOVERagE. WHILE IT Is cLEaR THaT pHysIcIaNs aND OTHER ¸EDIcaL pRacTITIONERs HaVE spEcIaL ObLIgaTIONs ENgENDERED by THEIR sOcIaL ROLE IN pRO¸OTINg aND pROTEcTINg THE HEaLTH Of paTIENTs, THIs DOEs NOT ¸EaN THaT THERE Is a sEpaRaTE ¸EDIcaL ETHIc. ºf wE THINk Of ¸EDIcaL ETHIcs as wHOLLy DIsTINcTIVE IN ITs REqUIRE¸ENTs aND ¸OTIVaTIONs, wE RUN a RIsk Of IsOLaTINg THE ¸ORaL cODE Of pHysIcIaNs fRO¸ THaT Of THE REsT Of sOcIETy. °Is NOT ONLy wOULD RaIsE pRObLE¸s IN NEgOTIaTINg cONflIcTs bETwEEN “¸EDIcaL” ETHIcs aND “cO¸¸ON” ETHIcs, bUT wOULD aLsO RIsk sTagNaTION IN a ¸EDIcaL ETHIcs NOT sUbjEcT TO bROaDER sOcIaL ¸ODIficaTION. (SEE SHEpHERD’s Essay IN THIs VOLU¸E fOR ¸ORE ON THIs IssUE.) PERHaps THE bEsT pERspEcTIVE Is TO VIEw ¸EDIcaL ETHIcs as sO¸EwHaT DIsTINcTIVE, bUT NOT as a sEpaRaTE ETHIc, aND TO sEE ¸EDIcaL ETHIcs aND cO¸¸ON ETHIcs as cONsTaNTLy IN DIaLOgUE. A s¸aLL sa¸pLE Of HIsTORIcaL aND cONTE¸pORaRy cODEs Of ETHIcs Is INcLUDED IN THIs VOLU¸E. °E REaDER Is INVITED TO cONsIDER NOT ONLy THE I¸pLIcaTIONs Of wHaT Is REflEcTED aND O¸ITTED IN THEsE VaRIOUs fOR¸ULaTIONs, bUT aLsO THE I¸pLIcaTIONs Of HaVINg a sEpaRaTE OR spEcIaL sET Of NOR¸s fOR DOcTORs. CODEs Of ¸EDIcaL ETHIcs aRE NOT jUsT INDIVIDUaL acTION gUIDEs fOR pHysIcIaNs. °Ey aLsO sERVE aN I¸pORTaNT fUNcTION as aN ExpREssION Of THE ¸EDIcaL pROfEssION’s cONTRacT wITH sOcIETy, pLEDgINg TRUsTwORTHy bEHaVIOR IN ExcHaNgE fOR sOcIaL TRUsT aND pOwER. ºN THIs VEIN, IT Is UsEfUL TO ask wHy sUcH cODEs aRE aLways aUTHORED by pHysIcIaNs, RaTHER THaN bEINg cOLLabORaTIVE pRODUcTs Of ¸EDIcINE’s DIaLOgUE wITH paTIENTs aND THE LaRgER pUbLIc. ALsO, sINcE cODEs Of ¸EDIcaL ETHIcs sERVE TO fRa¸E THERapEUTIc RELaTIONsHIps, sHOULD THERE bE a cO¸pLE¸ENTaRy LIsT Of ¸ORaL ExpEcTaTIONs aND REspONsIbILITIEs fOR bEINg a paTIENT? ºf sO, wOULD THEsE ¸ERELy aDDREss bEINg a “gOOD” INDIVIDUaL paTIENT wHILE ONE Is sIck, OR sHOULD THEy aLsO aDDREss cOLLEcTIVE sOcIaL REspONsIbILITIEs, sUcH as THE DIsTRIbUTION Of scaRcE ¸EDIcaL REsOURcEs? MEDIcaL cODEs Of ETHIcs ¸UsT bE cONsIDERED as ONE Of THE ¸OsT I¸pORTaNT ¸ORaL TRaDITIONs aVaILabLE fOR ¸EDIcaL ETHIcs, sI¸pLy bEcaUsE THEy HaVE bEEN passED fORwaRD fOR OVER 2,500 yEaRs. “¹RaDITION” Is a TER¸ THaT ¸EaNs LITERaLLy TO pass aLONg, OR HaND OVER. ±f cOURsE IN THE pROcEss Of HaNDINg OVER, THINgs cHaNgE; THIs Is HOw TRaDITIONs sTay VIbRaNT aND RELEVaNT TO THEIR TI¸Es. °E ¸OsT basIc ETHIcaL cHaLLENgE fOR DOcTORs aND ¸EDIcaL sTUDENTs Is TO REcOgNIzE THE¸sELVEs as paRT Of a LONg aND cO¸pLEx ¸ORaL TRaDITION, wITH aN ObLIgaTION
enicideM ni scihtE
REsTRIcTIONs (sUcH as THE DUTy TO kEEp cONfiDENcEs), bUT aDDINg NOR¸s THaT
TO REflEcT cRITIcaLLy ON wHaT Is bEINg passED aLONg, DIscaRDINg wHaT Is NO LON-
186
gER UsEfUL aND cREaTINg NEw ways TO aRTIcULaTE aND E¸bODy wHaT Is as yET UNkNOwN aND UNsaID abOUT ¸ORaL LIfE IN ¸EDIcINE.
.la te llihcruhC .R yrraL
Using Tools to Approach Pro±lems: An Illustration ¹O sTREss THaT ¸aNy TRaDITIONs aND THEORIEs aRE I¸pORTaNT TO ¸EDIcaL ETHIcs Is TO EscHEw THE VIsION Of a sINgLE aLL-ENcO¸passINg ¸ORaL fRa¸EwORk. °E IDEa THaT ¸ORaLITy cOULD bE fiNaLLy aND DEfiNITIVELy sEcURED by DIscOVERINg aND THEN fOLLOwINg sO¸E ¸ONOLITHIc THEORy Is NOT jUsT a pHILOsOpHER’s DREa¸ bUT a cO¸¸ON HU¸aN aspIRaTION. A sI¸pLE, UNIfiED THEORETIcaL basIs fOR ETHIcs THaT cOULD ELI¸INaTE THE ENDLEss DIspUTEs aND THE VExINg UNcERTaINTy Of ¸EDIcaL ETHIcs DEcIsIONs, UNa¸bIgUOUsLy IDENTIfyINg wHaT Is gOOD aND RIgHT, wOULD cLEaRLy bE cO¸fORTINg. ALL caNDIDaTEs fOR sUcH a UNIfyINg sysTE¸ IN THE pasT HaVE pROVED TO bE pROcRUsTEaN bEDs. ºN GREEk ¸yTHOLOgy, PROcRUsTEs, a sON Of POsEIDON, fORcEs HIs gUEsTs TO fiT THE¸sELVEs INTO HIs bED, by EITHER sTRETcHINg OR cUTTINg Off THEIR LEgs. ´THIcaL THEORIEs THaT cLaI¸ UNIVERsaL scOpE DO sI¸ILaR Da¸agE, LOppINg Off I¸pORTaNT facETs Of casEs aND sITUaTIONs IN aN EffORT TO ¸akE THE¸ fiT THE pREcONcEpTIONs Of THEORy aND DENyINg TO ¸ORaL agENTs THE aLL-I¸pORTaNT ExERcIsE Of THEIR OwN paRTIcULaR ¸ORaL pERcEpTIONs aND jUDg¸ENTs. ºN THE absENcE Of sUcH THEORETIcaL UNITy, THE Task bEcO¸Es ONE Of UsINg THE wIDE RaNgE Of TOOLs aND TRaDITIONs skILLfULLy. ¹O ILLUsTRaTE HOw sO¸E Of THE TOOLs wE HaVE DEscRIbED ¸IgHT bE pUT TO UsE, cONsIDER THE fOLLOwINg sI¸pLIfiED casE. A 23-yEaR-OLD fE¸aLE Is bROUgHT TO THE E¸ERgENcy DEpaRT¸ENT by a¸bULaNcE fOLLOwINg a ¸OTOR VEHIcLE cRasH. SHE Is IN HE¸ORRHagIc sHOck fRO¸ a sEVERE pELVIc fRacTURE REqUIRINg sURgERy, aND Is cURRENTLy UNcONscIOUs. SHE Is a JEHOVaH’s WITNEss aND Has sIgNED a sTaTE¸ENT REfUsINg bLOOD pRODUcTs. ÁER HUsbaND Is NOT a JEHOVaH’s WITNEss aND waNTs HER TO bE gIVEN bLOOD. °E paTIENT’s paRENTs aRE aLsO pREsENT aND INsIsT THaT sHE wOULD NOT waNT IT. ÁER HUsbaND sTaTEs THaT sHE sIgNED THE fOR¸ REfUsINg bLOOD bEfORE THE bIRTH Of HER 10-¸ONTH-OLD sON, aND THaT sHE wOULD DO aNyTHINg TO saVE HER OwN LIfE IN ORDER TO caRE fOR HER sON. SHOULD THIs paTIENT bE gIVEN LIfE-saVINg bLOOD pRODUcTs, OR NOT? °Is Is THE I¸¸EDIaTE qUEsTION. ºN REspONDINg, wE wILL fOcUs ON HOw ¸ORaL TRaDITIONs aND THEORIEs HELp by bRINgINg TO pRO¸INENcE I¸pORTaNT facETs Of THE sITUaTION aND by pOsINg qUEsTIONs TO fRa¸E aND sHapE OUR pERspEcTIVE. ÁERE aRE
sO¸E Of THE qUEsTIONs THaT wOULD bE E¸pHasIzED IN THE VaRIOUs appROacHEs wE HaVE DIscUssED.
187
cHOIcE, IN THIs casE ¸aDE IN aDVaNcE Of THE acTUaL sITUaTION? WOULD a UTILITaRIaN appROacH, E¸pHasIzINg THE gREaTEsT OVERaLL gOOD, ¸EaN saVINg THIs paTIENT’s LIfE IN ORDER TO saTIsfy THE NEEDs Of HER sON aND HUsbaND, RaTHER THaN HER paRENTs’ assEss¸ENT Of HER wIsHEs? WHIcH Of THE ¸EDIcaL VIRTUEs Is IT I¸pORTaNT TO ENacT HERE—fiDELITy TO TRUsT IN REspEcTINg THE paTIENT’s RELIgIOUs cONVIcTIONs? ±R pERHaps cOURagE, IN OVERRIDINg HER paRENTs aND DOINg EVERyTHINg TO saVE THIs paTIENT’s LIfE? (°ERE aRE OTHER pOssIbLE ¸aNIfEsTaTIONs Of bOTH TRUsT aND cOURagE IN THIs sITUaTION, TOO, sO¸E Of wHIcH LEaD IN DIffERENT DIREcTIONs.) A fE¸INIsT INTERpRETaTION ¸IgHT HIgHLIgHT THE pOwER sTRUggLE bETwEEN fa¸ILy ¸E¸bERs OVER a fE¸aLE paTIENT, wHEREas a NaRRaTIVE appROacH wOULD waNT TO kNOw wHO cONsTRUcTED THIs VERsION Of THE pRObLE¸, wHOsE sTORy IT Is THaT Is bEINg pLayED OUT HERE. CaN a bETTER VERsION Of THIs pRObLE¸ bE cONsTRUcTED? WHaT wOULD ¸akE IT “bETTER”—THaT IT Is a ¸ORE accURaTE DEscRIpTION Of THE ETHIcaL pRObLE¸s, OR a ¸ORE cO¸pLETE sTORy, OR THaT IT ¸IgHT LEaD TO a qUIckER OR DIffERENT REsOLUTION? °EsE qUEsTIONs aRE ILLUsTRaTIVE, NOT DEfiNITIVE OR ExHaUsTIVE. BEINg skILLED IN ETHIcs ¸EaNs kNOwINg HOw TO pIck Up THE cONVERsaTION aND cONTINUE IT. °REE pOINTs IN sU¸¸aRy. FIRsT, cONsULTINg a wIDE RaNgE Of appROacHEs caN bETTER EqUIp ¸ORaL acTORs TO ¸akE DEcIsIONs THaT THEy (aND OTHERs) caN LIVE wITH OVER TI¸E, DEcIsIONs THaT HONOR RaTHER THaN sUppREss THE cO¸pLExITy Of bOTH THE IssUEs aND THE RELaTIONsHIps INVOLVED. SEcOND, THE kEy ELE¸ENT IN a gOOD DEcIsION Is ¸akINg DIscERNINg jUDg¸ENTs: sURVEyINg THE aVaILabLE TOOLs, sELEcTINg THE RIgHT ONEs fOR THE jOb, aND UsINg THE¸ wITH a ¸ODIcU¸ Of skILL. ÁaVINg a wIDE RaNgE Of TOOLs Is I¸pORTaNT; If ONE’s ONLy TOOL Is a Ha¸¸ER, EVERy pRObLE¸ ¸ay LOOk LIkE a NaIL. BUT Of cOURsE THIs aNaLOgy Of sELEcTINg TOOLs fOR a DEfiNED jOb, wHILE HELpfUL, Is TOO sI¸pLIsTIc aND ¸EcHaNIcaL. As wE HaVE E¸pHasIzED, sO¸ETI¸Es jUsT fiNDINg THE DEcIsION pOINT fOR acTION fRO¸ wITHIN a cO¸pLEx wEb Of pERsONs, EVENTs, aND RELaTIONsHIps Is a ¸ORE cHaLLENgINg ETHIcaL Task THaN REacHINg a DEcIsION. °E HaRD wORk Of ETHIcs ¸ay NOT bE wHaT TO DEcIDE, bUT DIscERNINg
how TO DEcIDE, OR EVEN REaLIzINg THaT NO DEcIsION Is caLLED fOR. ºT Is cHaRacTERIsTIc Of DIffERENT ETHIcaL THEORIEs THaT THEy pROVIDE Us NOT ONLy wITH DIffERINg ways TO sOLVE a pRObLE¸, bUT aLsO wITH DIffERINg DEfiNITIONs Of THE pRObLE¸ ITsELf aND DIVERgENT paTHways fOR THE ExERcIsE Of ¸ORaL agENcy, THaT Is, DIffERENT pERcEpTIONs Of THE ¸ORaL ROLEs Of THE pERsONs ENgagED IN THE DEcIsION.
enicideM ni scihtE
WHaT wOULD IT ¸EaN TO sEEk TO TREaT THIs paTIENT as aN END IN HERsELf, aND NOT jUsT a ¸EaNs? ¶OEs THE fOR¸ sHE Has sIgNED cONsTITUTE HER aUTONO¸OUs
WHILE IT Is I¸pORTaNT TO REcOgNIzE a pLURaLIs¸ IN THE TOOLs Of ETHIcs,
188
IT Is aLsO I¸pORTaNT THaT THIs pLURaLIs¸ DOEs NOT sI¸pLy bEcO¸E a way TO aVOID THE HaRD THINkINg THaT ¸ORaL cHOIcEs DE¸aND. SEEkINg THE bEsT ¸ORaL
.la te llihcruhC .R yrraL
TOOLs—sUcH as THE THEORETIcaL cONsTRUcTs wE HaVE DIscUssED—¸EaNs caREfULLy cONsIDERINg RELEVaNcE, appLIcaTION, aND cONsIsTENcy IN THE UsE Of THEsE TOOLs, NOT sI¸pLy cHOOsINg a pOsITION wE aRE aLREaDy INcLINED TO TakE. PLURaLIs¸ DOEs NOT ExcUsE Us fRO¸ THE HaRD Task Of REflEcTIVE DIscERN¸ENT. FINaLLy, wHaTEVER DEcIsIONaL appaRaTUs wE aDOpT (OR REjEcT) bRINgs wITH IT RELaTIONaL cO¸¸IT¸ENTs, bOTH spOkEN aND UNspOkEN. ³EcOgNIzINg aND Na¸INg THE UNspOkEN cO¸¸IT¸ENTs Is aN I¸pORTaNT NONDEcIsIONaL aspEcT Of ETHIcs. ºT Is aLsO a NEcEssaRy sTEp IN ¸ORaL ¸aTURITy aND wIsDO¸. °IRD, ETHIcaL DEcIsIONs aRE syNcHRONIc ¸O¸ENTs IN LaRgER DIacHRONIc HIsTORIEs; THEy aRE ONLy sLIcEs Of ¸ORaL LIfE. ºN spITE Of THEIR HIgH DRa¸a, aND THE gREaT wEIgHT aND cONsEqUENcE THEy ¸ay HaVE, EspEcIaLLy IN LIfE-aND-DEaTH sETTINgs, INDIVIDUaL DEcIsIONs ¸ay NOT by THE¸sELVEs bE DEfiNITIVE IN sHapINg aNyONE’s ¸ORaL IDENTITy. SO¸ETI¸Es DIfficULT DEcIsIONs aRE a ¸aTTER Of DOINg THE bEsT ONE caN IN TRagIc sITUaTIONs, wHERE aLL THE OpTIONs aRE baD ONEs. WHEN cLEaR cHOIcEs DO NOT appEaR aND saTIsfyINg REsOLUTIONs sEE¸ UNLIkELy, THE cHaLLENgE LIEs IN cHOOsINg THE “LEasT wORsT” aLTERNaTIVE aND ¸UDDLINg THROUgH. ºN THEsE casEs, THEN, ¸ORaL ROUTINEs aND HabITs TakE ON cONsIDERabLE I¸pORTaNcE IN sHapINg aN ETHIcaL LIfE OR bEINg a gOOD DOcTOR, bEcaUsE THEy ¸akE Up THE backgROUND Of REsOURcEs aND RELaTIONsHIps agaINsT wHIcH ¸ORaL DEcIsIONs aRE UNDERsTOOD aND ¸aDE. ·LTI¸aTELy, ETHIcs Is abOUT THE sHapINg Of ¸ORaL IDENTITy aND THE DEVELOp¸ENT aND appLIcaTION Of ¸ORaL wIsDO¸ THROUgHOUT LIfE. ÁOwEVER URgENTLy wE NEED gOOD DEcIsIONs, gOOD INTENTIONs, OR gOOD OUTcO¸Es, NONE Of THOsE INDIVIDUaL ENDpOINTs Is TRULy acHIEVabLE OR sUsTaINabLE apaRT fRO¸ THE LaRgER EffORT Of LEaRNINg TO LIVE a gOOD LIfE. °E ¸ODELs aND TOOLs Of ¸ORaL DEcIsION ¸akINg sERVE THaT LaRgER gOaL aND aRE aLsO sERVED by IT.
Conclusion: Getting Grounded ³EaDERs ¸ay VIEw THIs RIcH ¸ORaL LaNDscapE, fEaTURINg ¸aNy LaNgUagEs aND appROacHEs TO ETHIcaL pRObLE¸s, aND ¸aNy THEORIEs bEHIND THEsE appROacHEs, wITH appREHENsION OR DELIgHT aT THE pOssIbLE paTHs bEfORE THE¸. ³EcOgNITION Of THE wIDE RaNgE Of ¸ETHODs aND appROacHEs pOssIbLE IN ETHIcs caN bE E¸pOwERINg fOR sO¸E, yET fOR OTHERs IT ¸ay sEE¸ paRaLyzINg: WITHOUT a UNIVERsaL, OVERRIDINg ETHIcaL fRa¸EwORk, wHaT Is THERE TO kEEp Us fRO¸ bEcO¸INg aDRIſt IN RELaTIVIs¸?
°E fEaR Of ¸ORaL RELaTIVIs¸ Has bEEN a NaggINg, bUT ¸IsUNDERsTOOD, pRObLE¸ fOR WEsTERN ETHIcs sINcE bEfORE PLaTO (427–347 ½»e). ³ELaTIVIs¸ Is THE
189
fOR ETHIcs, THEN THERE aRE NO sTaNDaRDs aT aLL—EVERyTHINg ¸UsT bE Up fOR gRabs. °E cHOIcE Is cONcEIVED as bETwEEN ETHIcaL cERTaINTy aND THE ¸ORaL abyss. WITHOUT OffERINg a fULL DIscUssION HERE, wE sUb¸IT THaT THE pRacTIcaL ¸ORaL pLURaLIs¸ DEscRIbED IN THIs Essay, wHIcH DRaws fRO¸ ¸aNy ¸ORaL THEORIEs aND TRaDITIONs, DOEs NOT LEaD TO RELaTIVIs¸. A pLURaLITy Of REsOURcEs Is NO ¸ORE pRObLE¸aTIc fOR ETHIcs THaN fOR OTHER DIscIpLINEs. °ERE aRE cO¸pETINg THEORIEs IN EcONO¸Ics, psycHIaTRy, ¸aTHE¸aTIcs, aND pHysIcs—TO Na¸E jUsT a fEw—aND sHIſtINg THEORETIcaL VIEwpOINTs OVER TI¸E IN aLL THEsE fiELDs, yET NO ONE assU¸Es THaT bEcaUsE EcONO¸IsTs OR pHysIcIsTs DIsagREE a¸ONg THE¸sELVEs, aND sO¸ETI¸Es cO¸bINE THEORIEs aND appROacHEs, THEsE fiELDs aRE RIDDLED wITH RELaTIVIs¸. AND sO IT Is fOR ETHIcs. °E bEsT pROTEcTION agaINsT bOTH absOLUTIsT aND RELaTIVIsTIc INTERpRETaTIONs Of ETHIcs LIEs IN THE REcOgNITION THaT THE wHOLE Of ETHIcs Is, aſtER aLL, a HU¸aN ENTERpRIsE, wITH THE EffORT Of pERsONs aND THEIR HaRD-wON ¸ORaL wIsDO¸ THE ONLy assURaNcE wE HaVE fOR THE INTEgRITy Of THE EffORT. °OsE wHO wORRy abOUT RELaTIVIs¸ aND bEcO¸E skEpTIcaL TypIcaLLy fORgET THaT THE basIc aI¸ Of ETHIcs Is NOT fiNaL aNswERs, bUT pRacTIcaL gUIDaNcE aND cONTINUaL ¸ORaL LEaRNINg fRO¸ LIfE’s ExpERIENcEs aND cHOIcEs. °E pLacE wE HaVE TO sTaND Is NOT UpON a UNIVERsaL fOUNDaTION Of ETERNaL TRUTH, bUT sI¸pLy ON THE gROUND, ON OUR OwN fEET. °ERE Is NO kNOck-DOwN aRgU¸ENT TO REfUTE THE RELaTIVIsT OR sILENcE THE skEpTIc. °E aNswER LIEs IN a cO¸¸IT¸ENT TO UsE wHaT wE HaVE TO pURsUE THaT wIsDO¸ Of wHIcH wE aRE capabLE, aND TO DO sO HONEsTLy aND pERsIsTENTLy. MONTaIgNE (1533–1592) pUT IT wITH cHaRacTERIsTIc pUNgENcy: “WE sEEk OTHER cONDITIONs bEcaUsE wE DO NOT UNDERsTaND THE UsE Of OUR OwN, aND wE gO OUTsIDE OURsELVEs bEcaUsE wE DO NOT kNOw wHaT IT Is LIkE INsIDE. YET THERE Is NO UsE OUR ¸OUNTINg ON sTILTs, fOR ON sTILTs wE ¸UsT sTILL waLk ON OUR OwN LEgs. AND ON THE LOſtIEsT THRONE IN THE wORLD wE aRE sTILL sITTINg ONLy ON OUR OwN RU¸p” (MONTaIgNE 1965). AT THE bEgINNINg Of THIs Essay wE NOTED THaT ETHIcs Is OſtEN cONcEIVED sI¸pLIsTIcaLLy as a sERIEs Of sHaRp-EDgED qUEsTIONs REqUIRINg EITHER/OR DEcIsIONs. WE HaVE sOUgHT TO ¸akE IT cLEaR THaT THE REspONsEs gIVEN TO sUcH qUEsTIONs ¸UsT bE NEsTED IN a faR LaRgER cONTExT THaN Is aT fiRsT EVIDENT. °E qUEsTION “SHOULD a pHysIcIaN LIE TO a paTIENT wHEN THE LIE pRO¸IsEs paTIENT bENEfiT?” Is ¸EaNINgLEss wITHOUT cONsIDERINg THE ROLE aND pLacE Of TRUTHfULNEss IN a THERapEUTIc ENcOUNTER. ²IkEwIsE, “ºs IT gOOD TO bE caNDID abOUT ¸EDIcaL ¸IsTakEs, aND If sO, wHOsE gOOD Is sERVED?” ¸UsT bE pOsED IN THE LaRgER cONTExT Of THE NEED fOR pERsONaL aND pROfEssIONaL fORgIVENEss
enicideM ni scihtE
assU¸pTION THaT sINcE THERE Is NO UNIVERsaL aND TI¸ELEss, agREED-UpON sTaNDaRD
(ARENDT 1957), gIVEN THaT aLL pHysIcIaNs wILL ¸akE ¸IsTakEs THaT caUsE HaR¸.
190
AND, “SHOULD pHysIcIaNs EVER I¸pOsE a LIfE-saVINg TREaT¸ENT THaT paTIENTs HaVE cHOsEN TO fORgO?” REsIDEs wITHIN a LaRgER INqUIRy abOUT THE pLacE aND
.la te llihcruhC .R yrraL
pURpOsE Of ¸EDIcaL caRE IN THE INDIVIDUaL’s pURsUIT Of a “gOOD” LIfE. ´THIcs Is pERsONaL aND DEcIsIONaL bEcaUsE IT Is fiRsT sOcIaL aND RELaTIONaL. ºT INEVITabLy ENTaILs pRObINg INTO THE LaRgER ¸EaNINg Of cHOIcEs aND sOUNDINg THE DEEpER REsERVOIRs Of OUR cO¸¸ON HU¸aN wIsDO¸.
re½eren¾es ARENDT, Á. 1957. °e Human Condition. CHIcagO: ·NIVERsITy Of CHIcagO PREss. ARIsTOTLE. 1999. Nicomachean Ethics. ¹RaNsLaTED by ¹. ºRwIN. 2ND ED. Ca¸bRIDgE: ÁackETT PUbLIsHINg. BEaUcHa¸p, ¹., aND J. CHILDREss. 2012. Principles of Biomedical Ethics. 7TH ED. µEw YORk: ±xfORD ·NIVERsITy PREss. CHa¸bERs, ¹. 2010. “²ITERaTURE.” ºN Methods of Medical Ethics . 2ND ED. ´DITED by J. SUgaR¸aN aND ¶. P. SUL¸asy. WasHINgTON, ¶C: GEORgETOwN ·NIVERsITy PREss. FaDEN, ³., aND ¹. BEaUcHa¸p, wITH µ. KINg. 1986. A History and °eory of Informed
Consent. µEw YORk: ±xfORD ·NIVERsITy PREss. ÁU¸E, ¶. 1978. A Treatise of Human Nature, Book III . 2ND ED. ´DITED by ². A. SELby- BIggE aND P. Á. µIDDITcH. ±xfORD: CLaRENDON PREss. ÁUNTER, K. M. 1991. Doctors’ Stories: °e Narrative Structure of Medical Knowledge . PRINcETON, µJ: PRINcETON ·NIVERsITy PREss. JONsEN, A., aND S. ¹OUL¸IN. 1988. °e Abuse of Casuistry. BERkELEy: ·NIVERsITy Of CaLIfORNIa PREss. KaNT, º. 1985. Foundations of the Metaphysics of Morals. ¹RaNsLaTED by ². W. BEck. µEw YORk: Mac¸ILLaN. MacºNTyRE, A. 1984. Aſter Virtue ., µOTRE ¶a¸E, ºµ: ·NIVERsITy Of µOTRE ¶a¸E PREss. MILL, J. S. 1979. Utilitarianism. ´DITED by G. SHER. ºNDIaNapOLIs, ºµ: ÁackETT PUbLIsHINg. MONTaIgNE, M. 1976. °e Complete Essays of Montaigne. ¹RaNsLaTED by ¶ONaLD FRa¸E. STaNfORD, CA: STaNfORD ·NIVERsITy PREss. PELLEgRINO, ´. ¶., aND ¶. °O¸as¸a. 1993. °e Virtues in Medical Practice. µEw YORk: ±xfORD ·NIVERsITy PREss. PROgRaIs, ². J., aND ´. ¶. PELLEgRINO, EDs. 2007. African American Bioethics: Culture, Race,
and Identity. WasHINgTON, ¶C: GEORgETOwN ·NIVERsITy PREss. S¸ITH, A. 1976. °e °eory of Moral Sentiments . ´DITED by ¶. ³apHaEL aND A. MaDIE. ºNDIaNapOLIs, ºµ: ²IbERTy CLassIcs. STEINbOck, B., A. J. ²ONDON, aND J. ARRas, EDs. 2013. Ethical Issues in Modern Medicine:
Contemporary Readings in Bioethics. µEw YORk: McGRaw-ÁILL. ¹ONg, ³., aND ¹. F. BOTTs, EDs. 2018. Feminist °ought: A More Comprehensive Introduc-
tion. 5TH ED. WEsTVIEw PREss. WaLkER, M. ·. 1993. “KEEpINg ¸ORaL spacE OpEN.” Hastings Center Report 23, NO. 2: 33–40.
H±sToR±cAl And ConTemPoRARy Codes of ETh±cs »H± ¶IppOcRATIc ÀATH, TH± ³RAY±R Of µAIMONId±S, TH± ¸±clARATION Of ±N±VA, ANd TH± ºµº ³RINcIpl±S Of µ±dIcAl ETHIcS
²ath of Hippocrates (Sixth Century BCE–First Century CE) AssU¸ED TO HaVE bEEN wRITTEN by ÁIppOcRaTEs, THE OaTH ExE¸pLIfiEs THE PyTHagOREaN scHOOL RaTHER THaN GREEk THOUgHT IN gENERaL. °E OaTH Of ÁIppOcRaTEs Is ONE Of THE EaRLIEsT aND ¸OsT I¸pORTaNT sTaTE¸ENTs ON ¸EDIcaL ETHIcs. ´sTI¸aTEs Of ITs acTUaL DaTE Of ORIgIN VaRy fRO¸ THE sIxTH cENTURy ½»e TO THE fiRsT cENTURy »e. µOT ONLy Has THE OaTH pROVIDED THE fOUNDaTION fOR ¸aNy sUccEEDINg ¸EDIcaL OaTHs, fOR Exa¸pLE, THE ¶EcLaRaTION Of GENEVa, bUT IT Is sTILL aD¸INIsTERED by ¸aNy ¸EDIcaL scHOOLs TO gRaDUaTINg ¸EDIcaL sTUDENTs, EITHER IN ITs ORIgINaL fOR¸ OR IN a sLIgHTLy aLTERED VERsION.
º swEaR by ApOLLO PHysIcIaN aND AscLEpIUs aND ÁygIEIa aND PaNacEIa aND aLL THE gODs aND gODDEssEs, ¸akINg THE¸ ¸y wITNEssEs, THaT º wILL fULfiL accORDINg TO ¸y abILITy aND jUDg¸ENT THIs OaTH aND THIs cOVENaNT:
“±aTH Of ÁIppOcRaTEs,” TRaNs. ²UDwIg ´DELsTEIN, fRO¸ Bulletin of the History of Medicine 3, sUppL. 1 (1943), REpRINTED by pER¸IssION Of JOHNs ÁOpkINs ·NIVERsITy PREss; “¶aILy PRayER Of a PHysIcIaN,” TRaNs. ÁaRRy FRIEDENwaLk, fRO¸ Bulletin of the Johns Hopkins Hospital 28 (1917); “¶EcLaRaTION Of GENEVa,” aDOpTED by THE 2ND GENERaL AssE¸bLy Of THE WORLD MEDIcaL AssOcIaTION, GENEVa, SwITzERLaND, SEpTE¸bER 1948, aND a¸ENDED by THE 22ND WORLD MEDIcaL AssE¸bLy, SyDNEy, AUsTRaLIa, AUgUsT 1968, aND THE 35TH WORLD MEDIcaL AssE¸bLy, ÂENIcE, ºTaLy, ±cTObER 1983, aND THE 46TH Ém¾ GENERaL AssE¸bLy, STOckHOL¸, SwEDEN, SEpTE¸bER 1994, aND EDITORIaLLy REVIsED by THE 170TH Ém¾ COUNcIL SEssION, ¶IVONNE-LEs-BaINs, FRaNcE, May 2005, aND THE 173RD Ém¾ COUNcIL SEssION, ¶IVONNE-LEs-BaINs, FRaNcE, May 2006, aND a¸ENDED by THE 68TH Ém¾ GENERaL AssE¸bLy, CHIcagO, ·NITED STaTEs, ±cTObER 2017; “PRINcIpLEs Of MEDIcaL ´THIcs,” fRO¸ THE ¾m¾ CODE Of ´THIcs, © 2016 by A¸ERIcaN MEDIcaL AssOcIaTION, REpRINTED by pER¸IssION Of THE A¸ERIcaN MEDIcaL AssOcIaTION. ALL RIgHTs REsERVED.
¹O HOLD HI¸ wHO Has TaUgHT ¸E THIs aRT as EqUaL TO ¸y paRENTs aND TO
192
LIVE ¸y LIfE IN paRTNERsHIp wITH HI¸, aND If HE Is IN NEED Of ¸ONEy TO gIVE HI¸ a sHaRE Of ¸INE, aND TO REgaRD HIs OffspRINg as EqUaL TO ¸y bROTHERs IN
s c i h t E f o s e d o C
¸aLE LINEagE aND TO TEacH THE¸ THIs aRT—If THEy DEsIRE TO LEaRN IT—wITHOUT fEE aND cOVENaNT; TO gIVE a sHaRE Of pREcEpTs aND ORaL INsTRUcTION aND aLL THE OTHER LEaRNINg TO ¸y sONs aND TO THE sONs Of HI¸ wHO Has INsTRUcTED ¸E aND TO pUpILs wHO HaVE sIgNED THE cOVENaNT aND HaVE TakEN aN OaTH accORDINg TO THE ¸EDIcaL Law, bUT TO NO ONE ELsE. º wILL appLy DIETETIc ¸EasUREs fOR THE bENEfiT Of THE sIck accORDINg TO ¸y abILITy aND jUDg¸ENT; º wILL kEEp THE¸ fRO¸ HaR¸ aND INjUsTIcE. º wILL NEITHER gIVE a DEaDLy DRUg TO aNybODy If askED fOR IT, NOR wILL º ¸akE a sUggEsTION TO THIs EffEcT. SI¸ILaRLy, º wILL NOT gIVE TO a wO¸aN aN abORTIVE RE¸EDy. ºN pURITy aND HOLINEss º wILL gUaRD ¸y LIfE aND ¸y aRT. º wILL NOT UsE THE kNIfE, NOT EVEN ON sUffERERs fRO¸ sTONE, bUT wILL wITHDRaw IN faVOR Of sUcH ¸EN as aRE ENgagED IN THIs wORk. WHaTEVER HOUsEs º ¸ay VIsIT, º wILL cO¸E fOR THE bENEfiT Of THE sIck, RE¸aININg fREE Of aLL INTENTIONaL INjUsTIcE, Of aLL ¸IscHIEf, aND IN paRTIcULaR Of sExUaL RELaTIONs wITH bOTH fE¸aLE aND ¸aLE pERsONs, bE THEy fREE OR sLaVEs. WHaT º ¸ay sEE OR HEaR IN THE cOURsE Of THE TREaT¸ENT OR EVEN OUTsIDE Of THE TREaT¸ENT IN REgaRD TO THE LIfE Of ¸EN, wHIcH ON NO accOUNT ONE ¸UsT spREaD abROaD, º wILL kEEp TO ¸ysELf HOLDINg sUcH THINgs sHa¸EfUL TO bE spOkEN abOUT. ºf º fULfiL THIs OaTH aND DO NOT VIOLaTE IT, ¸ay IT bE gRaNTED TO ¸E TO ENjOy LIfE aND aRT, bEINg HONORED wITH fa¸E a¸ONg aLL ¸EN fOR aLL TI¸E TO cO¸E; If º TRaNsgREss IT aND swEaR faLsELy, ¸ay THE OppOsITE Of aLL THIs bE ¸y LOT.
Daily Prayer of a Physician (“Prayer of Moses Maimonides”) (1793?) AL¸IgHTy GOD, °OU Has cREaTED THE HU¸aN bODy wITH INfiNITE wIsDO¸. ¹EN THOUsaND TI¸Es TEN THOUsaND ORgaNs HasT °OU cO¸bINED IN IT THaT acT UNcEasINgLy aND HaR¸ONIOUsLy TO pREsERVE THE wHOLE IN aLL ITs bEaUTy—THE bODy wHIcH Is THE ENVELOpE Of THE I¸¸ORTaL sOUL. °Ey aRE EVER acTINg IN pERfEcT ORDER, agREE¸ENT, aND accORD. YET, wHEN THE fRaILTy Of ¸aTTER OR THE UNbRIDLINg Of passIONs DERaNgEs THIs ORDER OR INTERRUpTs THIs accORD, THEN fORcEs cLasH, aND THE bODy cRU¸bLEs INTO THE pRI¸aL DUsT fRO¸ wHIcH IT ca¸E. °OU sENDEsT TO ¸aN DIsEasEs as bENEficENT ¸EssENgERs TO fORETELL appROacHINg DaNgER aND TO URgE HI¸ TO aVERT IT.
°OU Has bLEsT °INE EaRTH, °y RIVERs, aND °y ¸OUNTaINs wITH HEaLINg sUbsTaNcEs; THEy ENabLE °y cREaTUREs TO aLLEVIaTE THEIR sUffERINgs aND TO HEaL
193
INg Of HIs bROTHER, TO REcOgNIzE HIs DIsORDERs, TO ExTRacT THE HEaLINg sUbsTaNcEs, TO DIscOVER THEIR pOwERs, aND TO pREpaRE aND TO appLy THE¸ TO sUIT EVERy ILL. ºN °INE ´TERNaL PROVIDENcE °OU HasT cHOsEN ¸E TO waTcH OVER THE LIfE aND HEaLTH Of °y cREaTUREs. º a¸ NOw abOUT TO appLy ¸ysELf TO THE DUTIEs Of ¸y pROfEssION. SUppORT ¸E, AL¸IgHTy GOD, IN THEsE gREaT LabORs THaT THEy ¸ay bENEfiT ¸aNkIND, fOR wITHOUT °y HELp NOT EVEN THE LEasT THINg wILL sUccEED. ºNspIRE ¸E wITH LOVE fOR ¸y aRT aND fOR °y cREaTUREs. ¶O NOT aLLOw THIRsT fOR pROfiT, a¸bITION fOR RENOwN aND aD¸IRaTION, TO INTERfERE wITH ¸y pROfEssION, fOR THEsE aRE THE ENE¸IEs Of TRUTH aND Of LOVE fOR ¸aNkIND aND THEy caN LEaD asTRay IN THE gREaT Task Of aTTENDINg TO THE wELfaRE Of °y cREaTUREs. PREsERVE THE sTRENgTH Of ¸y bODy aND Of ¸y sOUL THaT THEy EVER bE REaDy TO cHEERfULLy HELp aND sUppORT RIcH aND pOOR, gOOD aND baD, ENE¸y as wELL as fRIEND. ºN THE sUffERER LET ¸E sEE ONLy THE HU¸aN bEINg. ºLLU¸INE ¸y ¸IND THaT IT REcOgNIzE wHaT pREsENTs ITsELf aND THaT IT ¸ay cO¸pREHEND wHaT Is absENT OR HIDDEN. ²ET IT NOT faIL TO sEE wHaT Is VIsIbLE, bUT DO NOT pER¸IT IT TO aRROgaTE TO ITsELf THE pOwER TO sEE wHaT caNNOT bE sEEN, fOR DELIcaTE aND INDEfiNITE aRE THE bOUNDs Of THE gREaT aRT Of caRINg fOR THE LIVEs aND HEaLTH Of °y cREaTUREs. ²ET ¸E NEVER bE absENT-¸INDED. May NO sTRaNgE THOUgHTs DIVERT ¸y aTTENTION aT THE bEDsIDE Of THE sIck, OR DIsTURb ¸y ¸IND IN ITs sILENT LabORs, fOR gREaT aND sacRED aRE THE THOUgHTfUL DELIbERaTIONs REqUIRED TO pREsERVE THE LIVEs aND HEaLTH Of °y cREaTUREs. GRaNT THaT ¸y paTIENTs HaVE cONfiDENcE IN ¸E aND ¸y aRT aND fOLLOw ¸y DIREcTIONs aND ¸y cOUNsEL. ³E¸OVE fRO¸ THEIR ¸IDsT aLL cHaRLaTaNs aND THE wHOLE HOsT Of OfficIOUs RELaTIVEs aND kNOw-aLL NURsEs, cRUEL pEOpLE wHO aRROgaNTLy fRUsTRaTE THE wIsEsT pURpOsEs Of OUR aRT aND OſtEN LEaD °y cREaTUREs TO THEIR DEaTH. SHOULD THOsE wHO aRE wIsER THaN º wIsH TO I¸pROVE aND INsTRUcT ¸E, LET ¸y sOUL gRaTEfULLy fOLLOw THEIR gUIDaNcE; fOR VasT Is THE ExTENT Of OUR aRT. SHOULD cONcEITED fOOLs, HOwEVER, cENsURE ¸E, THEN LET LOVE fOR ¸y pROfEssION sTEEL ¸E agaINsT THE¸, sO THaT º RE¸aIN sTEaDfasT wITHOUT REgaRD fOR agE, fOR REpUTaTION, OR fOR HONOR, bEcaUsE sURRENDER wOULD bRINg TO °y cREaTUREs sIckNEss aND DEaTH. º¸bUE ¸y sOUL wITH gENTLENEss aND caL¸NEss wHEN OLDER cOLLEagUEs, pROUD Of THEIR agE, wIsH TO DIspLacE ¸E OR TO scORN ¸E OR DIsDaINfULLy TO TEacH ¸E. May EVEN THIs bE Of aDVaNTagE TO ¸E, fOR THEy kNOw ¸aNy THINgs Of wHIcH º a¸ IgNORaNT, bUT LET NOT THEIR aRROgaNcE gIVE ¸E paIN. FOR THEy
s c i h t E f o s e d o C
THEIR ILLNEssEs. °OU HasT ENDOwED ¸aN wITH THE wIsDO¸ TO RELIEVE THE sUffER-
aRE OLD aND OLD agE Is NOT ¸asTER Of THE passIONs. º aLsO HOpE TO aTTaIN OLD agE
194
UpON THIs EaRTH, bEfORE °EE, AL¸IgHTy GOD! ²ET ¸E bE cONTENTED IN EVERyTHINg ExcEpT IN THE gREaT scIENcE Of ¸y
s c i h t E f o s e d o C
pROfEssION. µEVER aLLOw THE THOUgHT TO aRIsE IN ¸E THaT º HaVE aTTaINED TO sUfficIENT kNOwLEDgE, bUT VOUcHsafE TO ¸E THE sTRENgTH, THE LEIsURE, aND THE a¸bITION EVER TO ExTEND ¸y kNOwLEDgE. FOR aRT Is gREaT, bUT THE ¸IND Of ¸aN Is EVER ExpaNDINg. AL¸IgHTy GOD! °OU HasT cHOsEN ¸E IN °y ¸ERcy TO waTcH OVER THE LIfE aND DEaTH Of °y cREaTUREs. º NOw appLy ¸ysELf TO ¸y pROfEssION. SUppORT ¸E IN THIs gREaT Task sO THaT IT ¸ay bENEfiT ¸aNkIND, fOR wITHOUT °y HELp NOT EVEN THE LEasT THINg wILL sUccEED.
Declaration of Geneva (World Medical Association) »H± ³HYSIcIAN’S ³l±dg± ¾¼ ¾ mem½er oÀ the medi»¾l ¿roÀe¼¼ion: i ¼olemnlÈ ¿ledÇe TO DEDIcaTE ¸y LIfE TO THE sERVIcE Of HU¸aNITy; the he¾lth ¾nd Éell-½einÇ oÀ mÈ ¿¾tient wILL bE ¸y fiRsT cONsIDERaTION; i Éill re¼¿e»t THE aUTONO¸y aND DIgNITy Of ¸y paTIENT; i Éill m¾int¾in THE UT¸OsT REspEcT fOR HU¸aN LIfE; i Éill not ¿ermit 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 ¸y DUTy aND ¸y paTIENT; i Éill re¼¿e»t THE sEcRETs THaT aRE cONfiDED IN ¸E, EVEN aſtER THE paTIENT Has DIED; i Éill ¿r¾»ti¼e ¸y pROfEssION wITH cONscIENcE aND DIgNITy aND IN accORDaNcE wITH gOOD ¸EDIcaL pRacTIcE; i Éill Ào¼ter THE HONOUR aND NObLE TRaDITIONs Of THE ¸EDIcaL pROfEssION; i Éill Çive TO ¸y TEacHERs, cOLLEagUEs, aND sTUDENTs THE REspEcT aND gRaTITUDE THaT Is THEIR DUE; i Éill ¼h¾re ¸y ¸EDIcaL kNOwLEDgE fOR THE bENEfiT Of THE paTIENT aND THE aDVaNcE¸ENT Of HEaLTHcaRE;
i Éill ¾ttend to ¸y OwN HEaLTH, wELL-bEINg, aND abILITIEs IN ORDER TO pROVIDE caRE Of THE HIgHEsT sTaNDaRD;
195
cIVIL LIbERTIEs, EVEN UNDER THREaT; i m¾Êe the¼e ¿romi¼e¼ sOLE¸NLy, fREELy, aND UpON ¸y HONOUR.
Principles of Medical Ethics (American Medical Association) preamble â °E ¸EDIcaL pROfEssION Has LONg sUbscRIbED TO a bODy Of ETHIcaL sTaTE¸ENTs DEVELOpED pRI¸aRILy fOR THE bENEfiT Of THE paTIENT. As a ¸E¸bER Of THIs pROfEssION, a pHysIcIaN ¸UsT REcOgNIzE REspONsIbILITy TO paTIENTs fiRsT aND fORE¸OsT, as wELL as TO sOcIETy, TO OTHER HEaLTH pROfEssIONaLs, aND TO sELf. °E fOLLOwINg PRINcIpLEs aDOpTED by THE A¸ERIcaN MEDIcaL AssOcIaTION aRE NOT Laws, bUT sTaNDaRDs Of cONDUcT wHIcH DEfiNE THE EssENTIaLs Of HONORabLE bEHaVIOR fOR THE pHysIcIaN. i A pHysIcIaN sHaLL bE DEDIcaTED TO pROVIDINg cO¸pETENT ¸EDIcaL caRE, wITH cO¸passION aND REspEcT fOR HU¸aN DIgNITy aND RIgHTs. ii A pHysIcIaN sHaLL UpHOLD THE sTaNDaRDs Of pROfEssIONaLIs¸, bE HONEsT IN aLL pROfEssIONaL INTERacTIONs, aND sTRIVE TO REpORT pHysIcIaNs DEficIENT IN cHaRacTER OR cO¸pETENcE, OR ENgagINg IN fRaUD OR DEcEpTION, TO appROpRIaTE ENTITIEs. iii A pHysIcIaN sHaLL REspEcT THE Law aND aLsO REcOgNIzE a REspONsIbILITy TO sEEk cHaNgEs IN THOsE REqUIRE¸ENTs wHIcH aRE cONTRaRy TO THE bEsT INTEREsTs Of THE paTIENT. iv A pHysIcIaN sHaLL REspEcT THE RIgHTs Of paTIENTs, cOLLEagUEs, aND OTHER HEaLTH pROfEssIONaLs, aND sHaLL safEgUaRD paTIENT cONfiDENcEs aND pRIVacy wITHIN THE cONsTRaINTs Of THE Law. v A pHysIcIaN sHaLL cONTINUE TO sTUDy, appLy, aND aDVaNcE scIENTIfic kNOwLEDgE, ¸aINTaIN a cO¸¸IT¸ENT TO ¸EDIcaL EDUcaTION, ¸akE RELEVaNT INfOR¸aTION aVaILabLE TO paTIENTs, cOLLEagUEs, aND THE pUbLIc, ObTaIN cONsULTaTION, aND UsE THE TaLENTs Of OTHER HEaLTH pROfEssIONaLs wHEN INDIcaTED. vi A pHysIcIaN sHaLL, IN THE pROVIsION Of appROpRIaTE paTIENT caRE, ExcEpT IN E¸ERgENcIEs, bE fREE TO cHOOsE wHO¸ TO sERVE, wITH wHO¸ TO assOcIaTE, aND THE ENVIRON¸ENT IN wHIcH TO pROVIDE ¸EDIcaL caRE.
s c i h t E f o s e d o C
i Éill not u¼e ¸y ¸EDIcaL kNOwLEDgE TO VIOLaTE HU¸aN RIgHTs aND
vii A pHysIcIaN sHaLL REcOgNIzE a REspONsIbILITy TO paRTIcIpaTE IN acTIVI-
196
TIEs cONTRIbUTINg TO THE I¸pROVE¸ENT Of THE cO¸¸UNITy aND THE bETTER¸ENT Of pUbLIc HEaLTH.
s c i h t E f o s e d o C
viii A pHysIcIaN sHaLL, wHILE caRINg fOR a paTIENT, REgaRD REspONsIbILITy TO THE paTIENT as paRa¸OUNT. iX A pHysIcIaN sHaLL sUppORT accEss TO ¸EDIcaL caRE fOR aLL pEOpLE.
EnduR±ng And EmeRg±ng ChAllenges of InfoRmed ConsenT Christine Grady
ºNfOR¸ED cONsENT Is a wIDELy accEpTED LEgaL, ETHIcaL, aND REgULaTORy REqUIRE¸ENT fOR ¸OsT REsEaRcH aND HEaLTH caRE TRaNsacTIONs. µONETHELEss, THE pRacTIcE Of INfOR¸ED cONsENT VaRIEs by cONTExT, aND THE REaLITy OſtEN faLLs sHORT Of THE THEORETIcaL IDEaL. CONTE¸pORaRy DEVELOp¸ENTs IN HEaLTH caRE aND cLINIcaL REsEaRcH caLL fOR RENEwED EffORTs TO aDDREss THE ENDURINg aND E¸ERgINg cHaLLENgEs Of INfOR¸ED cONsENT, sUcH as wHaT INfOR¸aTION sHOULD bE DIscLOsED, HOw IT sHOULD bE DIscLOsED, HOw ¸UcH THE pERsONs pROVIDINg cONsENT sHOULD UNDERsTaND, aND HOw ExpLIcIT cONsENT sHOULD bE. °E ¸ORaL fORcE Of cONsENT Is NOT UNIqUE TO HEaLTH caRE OR REsEaRcH. ºNTEgRaL TO ¸aNy INTERpERsONaL INTERacTIONs aND wELL ENTRENcHED IN sOcIETaL VaLUEs aND jURIspRUDENcE, cONsENT caN RENDER acTIONs ¸ORaLLy pER¸IssIbLE THaT wOULD OTHERwIsE bE wRONg. FOR Exa¸pLE, wITH cONsENT IT Is fiNE TO bORROw a pERsON’s caR OR DRaw bLOOD, bUT THEsE acTIONs wITHOUT cONsENT aRE cONsIDERED THEſt OR baTTERy.Ã ³EcENT REsEaRcH cONDUcTED by FacEbOOk aND ±kCUpID, wHIcH ¸aDE UsE Of UsER INfOR¸aTION aND gENERaTED aRgU¸ENTs abOUT wHETHER THE gENERaL cONsENT gIVEN wHEN jOININg a sOcIaL NETwORk sUfficEs as cONsENT fOR sUcH REsEaRcH OR wHETHER ExpREss cONsENT Is REqUIRED,Ä,Æ ILLUsTRaTEs bOTH HOw DEEpLy ROOTED THE IDEa Of cONsENT Is IN sOcIETy aND THE cHaNgINg LaNDscapE IN wHIcH IT ¸ay appLy.
CHRIsTINE GRaDy, “´NDURINg aND ´¸ERgINg CHaLLENgEs Of ºNfOR¸ED CONsENT,” fRO¸ New England
Journal of Medicine 372 (2015): 855–862. © 2015 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
Ethical and Legal Foundations 198 CONsENT Is a LONg-sTaNDINg pRacTIcE IN sO¸E aREas Of ¸EDIcINE, yET ONLy IN ydarG enitsirhC
THE LasT cENTURy Has INfOR¸ED cONsENT bEEN accEpTED as a LEgaL aND ETHIcaL cONcEpT INTEgRaL TO ¸EDIcaL pRacTIcE aND REsEaRcH.Î ºNfOR¸ED cONsENT, IN pRINcIpLE, Is aUTHORIzaTION Of aN acTIVITy basED ON aN UNDERsTaNDINg Of wHaT THaT acTIVITy ENTaILs aND IN THE absENcE Of cONTROL by OTHERs.Ï ²aws aND REgULaTIONs DIcTaTE THE cURRENT INfOR¸ED-cONsENT REqUIRE¸ENTs, bUT THE UNDERLyINg VaLUEs aRE DEEpLy cULTURaLLy E¸bEDDED—spEcIficaLLy, THE VaLUE Of REspEcT fOR pERsONs’ aUTONO¸y aND THEIR RIgHT TO DEfiNE THEIR OwN gOaLs aND ¸akE cHOIcEs DEsIgNED TO acHIEVE THOsE gOaLs.Ï °Is RIgHT appLIEs TO aLL TypEs Of HEaLTH-RELaTED INTERVENTIONs, INcLUDINg LIfE-sUsTaININg INTERVENTIONs. AN EaRLy PREsIDENT’s CO¸¸IssION REpORT NOTED, “ºNfOR¸ED cONsENT Is ROOTED IN THE fUNDa¸ENTaL REcOgNITION . . . THaT aDULTs aRE ENTITLED TO accEpT OR REjEcT HEaLTH caRE INTERVENTIONs ON THE basIs Of THEIR OwN pERsONaL VaLUEs aND IN fURTHERaNcE Of THEIR OwN pERsONaL gOaLs.”Ð ALTHOUgH INfOR¸ED cONsENT Is wIDELy accEpTED IN THE ·NITED STaTEs aND IN ¸aNy OTHER cOUNTRIEs, THIs UNDERsTaNDINg—aND, INDEED, THE fOcUs ON aN INDIVIDUaL RIgHT TO sELf-DETER¸INaTION—VaRIEs accORDINg TO cULTURE. CULTURaL DIffERENcEs ¸aNIfEsT IN bOTH THE pRacTIcE Of INfOR¸ED cONsENT—THaT Is, wHaT Is TOLD TO wHO¸ aND wHO ¸akEs DEcIsIONs—as wELL as IN aN UNDERsTaNDINg Of THE NOR¸aTIVE UNDERpINNINgs Of INfOR¸ED cONsENT as REspEcT fOR INDIVIDUaL aUTONO¸y. PERsONs IN ¸aNy cULTUREs, bOTH IN THE ·NITED STaTEs aND aROUND THE wORLD, RELy ON THEIR fa¸ILIEs aND sO¸ETI¸Es ON THEIR cO¸¸UNITIEs fOR I¸pORTaNT DEcIsIONs, aND THIs ¸ay bE THE NOR¸ IN cULTUREs THaT sTREss THE RELaTIONsHIp Of INDIVIDUaLs TO OTHERs aND THE E¸bEDDEDNEss Of INDIVIDUaLs wITHIN sOcIETy. CO¸¸ENTaTORs aND E¸pIRIcaL EVIDENcE HaVE sHOwN THaT cULTURE INflUENcEs ¸ORaL VaLUEs aND THaT OTHER kEy VaLUEs, sUcH as LOyaLTy, cO¸passION, aND sOLIDaRITy, ¸ay bE ¸ORE DO¸INaNT THaN aUTONO¸y IN sO¸E cULTUREs.Ñ ³EspEcTINg pERsONs INcLUDEs REspEcTINg THEIR cULTURaL VaLUEs aND ¸ay REqUIRE aDapTINg THE spEcIfics Of INfOR¸aTION DIscLOsURE OR ObTaININg aUTHORIzaTION fOR TREaT¸ENT OR REsEaRcH accORDINgLy. YET REspEcTINg cULTURaL VaLUEs DOEs NOT NEgaTE THE NEED TO REspEcT THE pERsONs fOR wHO¸ caRE OR REsEaRcH Is bEINg cONsIDERED OR THE NEED TO I¸pLE¸ENT REspEcTfUL aND appROpRIaTE pROcEDUREs. As GOsTIN pOINTs OUT, “ÂasT pERsONaL, cULTURaL, aND sOcIaL DIffERENcEs wILL pERENNIaLLy pOsE cHaLLENgEs TO ¸EaNINgfUL DIaLOgUE a¸ONg pHysIcIaN, paTIENT, aND fa¸ILy; IT Is THE REgaRD, cONsIDERaTION, aND DEfERENcE sHOwN THE paTIENT THaT RE¸aINs THE HaLL¸aRk Of REspEcT fOR pERsONs.”Ò °E WORLD MEDIcaL AssOcIaTION ¶EcLaRaTION Of ²IsbON ON THE ³IgHTs Of THE PaTIENT
E¸pHasIzEs THaT paTIENTs EVERywHERE HaVE a RIgHT TO INfOR¸aTION aND TO sELf- DETER¸INaTION. × °E ¶EcLaRaTION Of ÁELsINkI aND OTHER INTERNaTIONaL cODEs
199
THE cONTExT Of REsEaRcH gLObaLLy.ÃØ
Gaps ±etween Theory and Practice ºNfOR¸ED cONsENT Is a pROcEss Of cO¸¸UNIcaTION bETwEEN THE HEaLTH caRE pROVIDER OR INVEsTIgaTOR aND THE paTIENT OR REsEaRcH paRTIcIpaNT THaT ULTI¸aTELy cUL¸INaTEs IN THE aUTHORIzaTION OR REfUsaL Of a spEcIfic INTERVENTION OR REsEaRcH sTUDy. AccORDINg TO THE A¸ERIcaN MEDIcaL AssOcIaTION, “ºNfOR¸ED cONsENT Is a basIc pOLIcy IN bOTH ETHIcs aND Law THaT pHysIcIaNs ¸UsT HONOR. . . .” Ãà °E pROcEss INVOLVEs ¸ULTIpLE ELE¸ENTs, INcLUDINg DIscLOsURE, cO¸pREHENsION, VOLUNTaRy cHOIcE, aND aUTHORIzaTION. ºN THEORy, pHysIcIaNs aND INVEsTIgaTORs DIscLOsE UNDERsTaNDabLE INfOR¸aTION TO paTIENTs aND REsEaRcH paRTIcIpaNTs TO facILITaTE INfOR¸ED cHOIcE. Î °EsE pERsONs UsE THIs INfOR¸aTION TO DELIbERaTE aND DEcIDE wHETHER THE INTERVENTION OffERED Is cO¸paTIbLE wITH THEIR INTEREsTs aND wHETHER TO aUTHORIzE OR REfUsE IT. PERsONs sHOULD HaVE THE capacITy TO UNDERsTaND THE INfOR¸aTION aND sHOULD bE IN a pOsITION TO ¸akE aND TO aUTHORIzE a cHOIcE abOUT HOw TO pROcEED. µEITHER ¸EDIcaL NOR REsEaRcH INTERVENTIONs sHOULD cO¸¸ENcE UNTIL VaLID cONsENT Has bEEN ObTaINED, ExcEpT UNDER LI¸ITED cIRcU¸sTaNcEs (E.g., E¸ERgENcIEs). WHEN a paTIENT OR REsEaRcH paRTIcIpaNT Is a cHILD OR aN aDULT wHO Is NOT capabLE Of pROVIDINg INfOR¸ED cONsENT, pER¸IssION fOR ¸EDIcaL caRE OR REsEaRcH Is OſtEN sOUgHT fRO¸ a sUbsTITUTE DEcIsION ¸akER, sUcH as a paRENT OR LEgaLLy aUTHORIzED pROxy. MOsT accEpT THaT IN pRacTIcE, paRTIcULaR aspEcTs Of INfOR¸ED cONsENT VaRy by cONTExT, aND bOTH scHOLaRs aND pRacTITIONERs cONTINUE TO DEbaTE THEsE aspEcTs—sUcH as THE scOpE aND LEVEL Of DETaIL pROVIDED aND THE ¸ETHODs Of DIscLOsURE,ÃÄ,ÃÆ wHETHER aND HOw TO assEss cO¸pREHENsION, wHaT cONsTITUTEs NEcEssaRy aND sUfficIENT UNDERsTaNDINg fOR VaLID cONsENT, ÃÎ appROacHEs TO assEssINg pERsONs’ capacITy TO cONsENT aND sTEps TakEN wHEN THEy Lack THaT capacITy, ÃÏ HOw TO kNOw wHEN cHOIcEs aRE sUfficIENTLy VOLUNTaRy,ÃÐ aND IssUEs cONcERNINg THE DOcU¸ENTaTION Of cONsENT. ÃÑ CONsENT fOR aN ELEcTIVE sURgIcaL pROcEDURE DIffERs fRO¸ THaT fOR a sI¸pLE ROUTINE bLOOD TEsT OR fRO¸ a cO¸pLIcaTED REsEaRcH sTUDy, fOR Exa¸pLE. CULTURaL, sOcIOEcONO¸Ic, aND EDUcaTIONaL facTORs caN aLsO INflUENcE THE pROcEss aND pRacTIcE Of INfOR¸ED cONsENT, as caN DIffERENT DEcIsION-¸akINg pRacTIcEs aND NOR¸s RELaTED TO THE ROLE Of INDIVIDUaL aUTONO¸y.ÃÒ
tnesnoC demrofnI fo segnellahC
Of REsEaRcH ETHIcs sI¸ILaRLy E¸pHasIzE THE cENTRaLITy Of INfOR¸ED cONsENT IN
»R±NdS IN TH± ¶±AlTH CAR± ANd ´±S±ARcH ¹ANdScAp± »HAT ¶AV± ³´bµ¶ 1CURR±NT AN Eff±cT ON ENdURINg ANd EM±RgINg CHAll±Ng±S IN ²NfORM±d CONS±NT Selected
Emerging Questions and Challenges Enduring Questions and
Current Trends
Proposed
Challenges
Strategies
in Health Care ²EaRNINg
SHOULD INfOR¸ED cONsENT fOR
WHaT Is THE appROpRIaTE
ºNTEgRaTED
HEaLTH caRE
THEsE acTIVITIEs bE ¸ORE sI¸ILaR
a¸OUNT aND DETaIL Of INfOR-
cONsENT, sHaRED
sysTE¸s,
TO REsEaRcH INfOR¸ED cONsENT OR
¸aTION fOR VaLID cONsENT IN
DEcIsION ¸akINg;
pRag¸aTIc
cLINIcaL INfOR¸ED cONsENT? ÁOw
VaRIOUs cONTExTs? WHaT Is
cONsENT TO bE
TRIaLs, aND
¸UcH INfOR¸aTION sHOULD bE gIVEN
THE bEsT way TO DIscLOsE OR
gOVERNED, ¸ORE
qUaLITy
TO paRTIcIpaNTs IN aDVaNcE? ·NDER
pREsENT INfOR¸aTION TO bE
EVIDENcE abOUT
I¸pROVE¸ENT
wHaT cIRcU¸sTaNcEs (If aNy) Is
sUfficIENTLy cO¸pREHENsIVE
wHaT pERsONs
NOTIficaTION RaTHER THaN ExpREss
bUT NOT OVERwHEL¸INg?
gIVINg cONsENT
cONsENT sUfficIENT? WHEN caN cON-
WHaT aRE THE cONTExTUaL
waNT TO kNOw,
sENT bE ETHIcaLLy waIVED OR aLTERED?
ELE¸ENTs THaT DETER¸INE
aLTERNaTIVE
WHaT INfOR¸aTION Is I¸pORTaNT TO
THE appROpRIaTE a¸OUNT,
sTRaTEgIEs
paTIENTs aND REsEaRcH paRTIcIpaNTs?
cO¸pLExITy, aND fOR¸aT Of
ºs IT ETHIcaLLy accEpTabLE fOR a
DIscLOsURE?
paTIENT OR REsEaRcH paRTIcIpaNT TO pROVIDE cONsENT fOR aN UNspEcIfiED OR bROaD RaNgE Of acTIVITIEs? ADOpTION
ÁOw sHOULD INfOR¸aTION bE
´¸pIRIcaL EVIDENcE sHOws
·sE Of TEcHNOL-
Of cO¸pLEx
pREsENTED, aND wHaT LEVEL Of UNDER-
THaT paTIENTs aND REsEaRcH
Ogy TO pREsENT
TEcHNOLOgIEs,
sTaNDINg sHOULD bE sOUgHT wHEN
paRTIcIpaNTs OſtEN DO NOT
INfOR¸aTION;
sUcH as NExT-
ObTaININg cONsENT fOR cO¸pLEx
UNDERsTaND THE INfOR¸a-
bROaD OR DyNa¸Ic
gENERaTION
TEcHNOLOgIEs (sUcH as gENETIc
TION pROVIDED TO THE¸.
cONsENT; cONsENT
gENETIc
sEqUENcINg) cHaRacTERIzED by
CO¸pLEx INfOR¸aTION aND
TO bE gOVERNED;
sEqUENcINg
VOLU¸INOUs aND cO¸pLEx INfOR¸a-
INTERVENTIONs ¸ay bE ¸ORE
ENHaNcE¸ENT Of
TION, sUbsTaNTIaL UNcERTaINTy (E.g.,
DIfficULT TO UNDERsTaND,
scIENcE LITERacy
VaRIaNTs Of UNkNOwN sIgNIficaNcE),
EspEcIaLLy IN THE sETTINg Of
INcIDENTaL fiNDINgs, aND I¸pLIca-
LI¸ITED HEaLTH aND scIENcE
TIONs fOR bLOOD RELaTIVEs?
LITERacy.
CONsENT fOR
ºs IT ETHIcaLLy accEpTabLE fOR a
ÁOw spEcIfic DOEs THE
BROaD cONsENT;
fUTURE UsE Of
paTIENT OR REsEaRcH paRTIcIpaNT TO
INfOR¸aTION pROVIDED IN
DyNa¸Ic cONsENT;
cLINIcaL DaTa
pROVIDE cONsENT fOR aN UNspEcIfiED
THE cONsENT pROcEss NEED
cONsENT TO bE
OR bIOLOgIc
OR bROaD RaNgE Of pOssIbLE fUTURE
TO bE REgaRDINg fUTURE
gOVERNED; DEI-
spEcI¸ENs
REsEaRcH OR TO cONsENT TO a pRO-
UsEs Of DaTa OR spEcI¸ENs?
DENTIficaTION Of
gRa¸ OR sysTE¸ Of gOVERNaNcE?
¶OEs THE aNswER DIffER If
DaTa aND sa¸pLEs
THE DaTa OR spEcI¸ENs aRE DEIDENTIfiED OR If fUTURE pROjEcTs aRE sUbjEcT TO OVERsIgHT?
Selected
Emerging Questions and Challenges Enduring Questions and
Current Trends
Proposed
Challenges
Strategies
in Health Care ¶E¸OgRapHIc
±LDER agE, DI¸INIsHED ¸ENTaL
CapacITy Is assU¸ED fOR
³EspEcTfUL aND
cHaNgEs wITH
capacITy, aND DE¸ENTIa pER sE
aDULTs, aND THE capacITy TO
EffEcTIVE assEss-
aN agINg
DO NOT INDIcaTE THaT a pERsON Is
cONsENT Is ONLy OccasION-
¸ENT Of capacITy
pOpULaTION
INcapabLE Of cONsENTINg, yET THE
aLLy assEssED. CapacITy
aND TRaININg Of
aND INcREasE
INcREasINg NU¸bERs Of ELDERLy
¸ay bE qUEsTIONED ONLy
HEaLTH pROfEs-
IN pREVaLENcE
pEOpLE aND INcREasINg pREVaLENcE
wHEN a paTIENT OR REsEaRcH
sIONaLs; cREaTIVE
Of DE¸ENTIa
Of DE¸ENTIa aND OTHER DIsORDERs
paRTIcIpaNT DIsagREEs
appROacHEs TO
sUggEsT THaT pROfEssIONaLs IN bOTH
wITH THE pHysIcIaN OR
pREsENTINg INfOR-
cLINIcaL caRE aND IN REsEaRcH sHOULD
REsEaRcHER. °E sTaNDaRDs
¸aTION; INVOLVINg
cONsIDER a pERsON’s capacITy TO
fOR sUbsTITUTE DEcIsION
TRUsTED fRIENDs
cONsENT aND bE TRaINED IN HOw TO
¸akERs VaRy by jURIsDIc-
aND fa¸ILy ¸E¸-
assEss capacITy. °ERE Is a NEED fOR
TION aND aRE DIffERENT
bERs IN cONsENT
REspEcTfUL aND EfficIENT TOOLs aND
fOR cLINIcaL aND REsEaRcH
DIscUssIONs aND
pROcEssEs fOR assEssINg capac-
DEcIsIONs.
DEcIsION ¸akINg;
ITy, pRO¸OTINg DEcIsION ¸akINg,
sTUDyINg NEw
appROpRIaTELy INVOLVINg fa¸ILIEs
paRaDIg¸s fOR
aND fRIENDs, REspEcTINg cULTURaL
sUbsTITUTE DEcI-
VaLUEs, aND UsINg sUbsTITUTE DEcI-
sION ¸akINg
sION ¸akERs wHEN appROpRIaTE.
FURTHER¸ORE, IN pRacTIcE, E¸pHasIs Is OſtEN gIVEN TO THE wRITTEN DOcU¸ENTaTION Of cONsENT, DEspITE wIDE agREE¸ENT THaT cONsENT REqUIREs ¸ORE THaN a sIgNaTURE ON a fOR¸. FaDEN aND BEaUcHa¸p ackNOwLEDgE THaT THERE aRE TwO cO¸¸ON aND sTaRkLy DIffERENT ¸EaNINgs Of INfOR¸ED cONsENT: aUTONO¸OUs aUTHORIzaTION by a paTIENT OR REsEaRcH paRTIcIpaNT aND INsTITUTIONaLLy OR LEgaLLy EffEcTIVE aUTHORIzaTION, DETER¸INED by a cO¸pLEx wEb Of pREVaILINg RULEs, pOLIcIEs, aND sOcIaL pRacTIcEs. Ï °E LaTTER ¸EaNINg, wHIcH Is NOT NEcEssaRILy accO¸paNIED by aUTONO¸OUs DEcIsIONs, ¸ay OVERE¸pHasIzE wRITTEN DOcU¸ENTaTION aND RIsk cO¸¸UNIcaTION, aND IT sERVEs TO HELp pROTEcT pROVIDERs aND INsTITUTIONs fRO¸ LIabILITy. A sUbsTaNTIaL bODy Of LITERaTURE cORRObORaTEs a cONsIDERabLE gap bETwEEN THE pRacTIcE Of INfOR¸ED cONsENT aND ITs THEORETIcaL cONsTRUcT OR INTENDED gOaLs aND INDIcaTEs ¸aNy UNREsOLVED cONcEpTUaL aND pRacTIcaL qUEsTIONs. Ã×–ÄÄ ´¸pIRIcaL EVIDENcE sHOws VaRIaTION IN THE TypE aND LEVEL Of DETaIL Of INfOR¸aTION DIscLOsED, IN paTIENT OR REsEaRcH-paRTIcIpaNT UNDERsTaNDINg Of THE INfOR-
¸aTION, aND IN HOw THEIR DEcIsIONs aRE INflUENcED.ÄÆ PHysIcIaNs REcEIVE LITTLE
202
TRaININg REgaRDINg THE pRacTIcE Of INfOR¸ED cONsENT, aRE pREssED fOR TI¸E aND by cO¸pETINg DE¸aNDs, aND OſtEN ¸IsINTERpRET THE REqUIRE¸ENTs aND
ydarG enitsirhC
LEgaL sTaNDaRDs. PaTIENTs OſtEN HaVE ¸EagER cO¸pREHENsION Of THE RIsks aND aLTERNaTIVEs Of OffERED sURgIcaL OR ¸EDIcaL TREaT¸ENTs, ÄÎ aND THEIR DEcIsIONs aRE DRIVEN ¸ORE by TRUsT IN THEIR DOcTOR OR by DEfERENcE TO aUTHORITy THaN by THE INfOR¸aTION pROVIDED.ÄÏ,ÄÐ ºNfOR¸ED cONsENT fOR REsEaRcH Is ¸ORE TIgHTLy REgULaTED aND DETaILED,ÄÑ yET REsEaRcH cONsENT fOR¸s cONTINUE TO INcREasE IN LENgTH, cO¸pLExITy, aND INcORpORaTION Of LEgaL LaNgUagE, ¸akINg THE¸ LEss LIkELy TO bE REaD OR UNDERsTOOD. ÄÒ,Ä× STUDIEs aLsO sHOw THaT REsEaRcH paRTIcIpaNTs HaVE DEficITs IN THEIR UNDERsTaNDINg Of sTUDy INfOR¸aTION, paRTIcULaRLy Of REsEaRcH ¸ETHODs sUcH as RaNDO¸IzaTION.ÆØ ³EsEaRcH paRTIcIpaNTs, wHO aRE OſtEN paTIENTs wITH ILLNEssEs, fREqUENTLy ¸IsUNDERsTaND THE way IN wHIcH REsEaRcH Is DIsTINcT fRO¸ INDIVIDUaLIzED cLINIcaL caRE, aND sO¸E wORRy THaT THIs “THERapEUTIc ¸IscONcEpTION” caN INVaLIDaTE INfOR¸ED cONsENT. Æà °E fEDERaL REgULaTIONs REqUIRE ¸OsT REsEaRcH INfOR¸ED-cONsENT DOcU¸ENTs TO INcLUDE a sTaNDaRD sET Of INfOR¸aTIONaL ELE¸ENTs aND TO bE appROVED by aN INsTITUTIONaL REVIEw bOaRD bEfORE UsE. ÄÑ ÁOwEVER, REcENT cONTROVERsy OVER a sTUDy Of NEONaTEs, THE SURfacTaNT, POsITIVE PREssURE, aND ±xygENaTION ³aNDO¸IzED ¹RIaL (¼u¿¿ort) sTUDy, ILLUsTRaTEs THaT EVEN wHEN THEsE REqUIRE¸ENTs aRE aDHERED TO, REasONabLE pEOpLE DIsagREE abOUT THE aDEqUacy Of THE INfOR¸aTION pREsENTED ON THE cONsENT fOR¸s.ÆÄ,ÆÆ ÂaRIOUs sTRaTEgIEs TO I¸pROVE paTIENT UNDERsTaNDINg IN INfOR¸ED cONsENT HaVE bEEN EVaLUaTED. STUDIEs sHOw THaT paTIENTs UNDERsTaND RIsk bETTER wHEN pHysIcIaNs aRE TaUgHT cO¸¸UNIcaTION sTRaTEgIEs.ÆÎ,ÆÏ ¶EcIsION aIDs aND DEcIsION-¸akINg TOOLs ÆÐ aND a fOcUs ON sHaRED DEcIsION ¸akINg aLsO ENHaNcE paTIENTs’ UNDERsTaNDINg aND saTIsfacTION.ÆÑ,ÆÒ WHEN TI¸E Is spENT ExpLaININg INfOR¸aTION abOUT THE sTUDy, THE paRTIcIpaNTs’ UNDERsTaNDINg Of REsEaRcH sEE¸s TO I¸pROVE.Æ× PRacTIcaL sTRaTEgIEs, sUcH as syNTHEsIzINg aND sI¸pLIfyINg INfOR¸aTION aND UsINg TEcHNOLOgIcaL TOOLs aND NONpHysIcIaN pROVIDERs TO ExpLaIN THE REsEaRcH, HaVE bEEN sUggEsTED as ways TO HELp acHIEVE THE ETHIcaL gOaLs Of cONsENT. ÎØ MORE pROVOcaTIVELy, sO¸E sUggEsT a NEED TO REVIsIT THE cONcEpTs aND THE cONTOURs Of accEpTabLE cONsENT, NOTINg THaT cURRENT NOTIONs Of INfOR¸ED cONsENT ¸ay bE OUTDaTEDÎà OR THaT wE ¸ay bE ExpEcTINg TOO ¸UcH Of cONsENT.ÎÄ CLEaRLy, THERE Is a NEED fOR cONTINUED cONsIDERaTION Of THE NOR¸aTIVE aND pRacTIcaL aspEcTs Of INfOR¸ED cONsENT IN aN aTTE¸pT TO REcONcILE pRacTIcE wITH THE THEORETIcaL IDEaL. SEVERaL cONTE¸pORaRy TRENDs IN HEaLTH caRE aND REsEaRcH accENTUaTE THIs NEED, as DEscRIbED IN TabLE 1.
Changing Models of Health Care and Research 203 aRIsEN as HEaLTH caRE INsTITUTIONs aND pRacTITIONERs aDOpT RObUsT LEaRNINg ¸ODELs THaT HybRIDIzE paTIENT caRE wITH REsEaRcH aND EVIDENcE gENERaTION TO EfficIENTLy INTEgRaTE I¸pROVED pREVENTION, TREaT¸ENT, aND caRE-DELIVERy ¸ETHODs. °E ¸ODELs INcLUDE THE ºNsTITUTE Of MEDIcINE ²EaRNINg ÁEaLTH SysTE¸s, cONTINUOUs qUaLITy I¸pROVE¸ENT, cO¸paRaTIVE EffEcTIVENEss TRIaLs, pRag¸aTIc cLINIcaL TRIaLs, aND pRacTIcE-basED REsEaRcH, a¸ONg OTHERs.ÎÆ,ÎÎ AccO¸paNyINg THE aDOpTION Of THEsE ¸ODELs aRE DEbaTEs abOUT HOw spEcIfic THE DIscLOsED INfOR¸aTION sHOULD bE, abOUT wHEN ExpREss pROspEcTIVE cONsENT Is NEcEssaRy OR wHEN ROUTINE DIscLOsURE OR NOTIficaTION ¸IgHT sUfficE, aND abOUT HOw cLOsELy cONsENT fOR THEsE acTIVITIEs sHOULD REsE¸bLE a REsEaRcH ¸ODEL Of INfOR¸ED cONsENT.ÎÏ,ÎÐ CONVENTIONaLLy, INfOR¸aTION DIscLOsURE DIffERs bETwEEN cLINIcaL aND REsEaRcH INfOR¸ED cONsENT IN DETaIL, fOR¸aLITy, aND LEVEL Of pRIOR REVIEw; THEsE DIffERENcEs aRE OſtEN jUsTIfiED by DIffERENTIaTINg THE pRI¸aRy gOaL Of cLINIcaL caRE—HELpINg THE paTIENT—fRO¸ THE pRI¸aRy gOaL Of cLINIcaL REsEaRcH—gENERaTINg UsEfUL kNOwLEDgE.ÎÑ,ÎÒ WITH ¸ORE REcENTLy E¸bRacED LEaRNINg paRaDIg¸s, THEsE gOaLs aRE cONVERgINg, OR aT LEasT THE bOUNDaRIEs aRE sHIſtINg.Î× SO¸E aRgUE THaT IN THE cONTExT Of LEaRNINg acTIVITIEs, “REsEaRcH-LIkE” wRITTEN INfOR¸ED cONsENT ¸ay bE ETHIcaLLy UNNEcEssaRy, OVERLy bURDENsO¸E, aND LIkELy TO THwaRT I¸pROVE¸ENT EffORTs.ÏØ,Ïà ¶IsagREE¸ENT RE¸aINs, HOwEVER, abOUT THE RIgHT cONsENT ¸ODEL fOR THEsE cLINIcaL aND REsEaRcH LEaRNINg acTIVITIEs, aND HIgH-pROfiLE casEs HaVE spURRED cONTROVERsy. ÏÄ,ÏÆ ±NE aRgU¸ENT agaINsT REsEaRcH-LIkE cONsENT pREsU¸Es THaT ¸aNy LEaRNINg acTIVITIEs—fOR Exa¸pLE, EVaLUaTINg THE I¸pORTaNcE Of REpEaT LabORaTORy TEsTs OR HOw wELL HEaLTH caRE pROVIDERs UsE a cHEckLIsT—aDD LITTLE OR NO RIsk fOR paTIENTs aLREaDy REcEIVINg caRE, INVOLVE DETaILs Of sLIgHT INTEREsT TO paTIENTs, aND HaVE OVERaLL gOaLs THaT paTIENTs sUppORT. SO¸E wOULD ExTEND TO LEaRNINg acTIVITIEs a “sI¸pLE” cONsENT OR NOTIficaTION paRaDIg¸ THaT Is UsED fOR cERTaIN cLINIcaL INTERVENTIONs, UsUaLLy wHEN THE RIsks aRE LOw aND paTIENTs aRE NOT LIkELy TO HaVE sTRONg pREfERENcEs bETwEEN TREaT¸ENT OpTIONs OR wHEN THERE Is ONLy ONE LOgIcaL cHOIcE.ÏÎ °E ¼u¿¿ort sTUDy, fOR Exa¸pLE, bROUgHT TO THE fOREfRONT THE UNREsOLVED qUEsTION Of THE ExTENT TO wHIcH REsEaRcH IN wHIcH paRTIcIpaNTs REcEIVE sTaNDaRD ¸EDIcaL caRE OR THE caRE THaT THEy wOULD ROUTINELy REcEIVE OUTsIDE THE sTUDy pOsEs “REsEaRcH RIsks” THaT REqUIRE REVIEw by aN INsTITUTIONaL REVIEw bOaRD aND cO¸pREHENsIVE DIscLOsURE Of THEsE RIsks IN a REsEaRcH INfOR¸ED-cONsENT pROcEss.ÏÏ–ÏÑ FURTHER REsEaRcH aND DIaLOgUE wILL HELp gUIDE DEcIsIONs abOUT HOw ¸UcH DIscLOsURE Is NEcEssaRy IN DIffERENT
tnesnoC demrofnI fo segnellahC
ºNfOR¸ED cONsENT Is ONE a¸ONg sEVERaL I¸pORTaNT cHaLLENgEs THaT HaVE
LEaRNINg cONTExTs, THE ExTENT TO wHIcH RIsk TO paRTIcIpaNTs ¸aTTERs IN THEsE
204
DEcIsIONs, HOw wE sHOULD THINk abOUT RIsk pREsENTED by REsEaRcH INVOLVINg sTaNDaRD ¸EDIcaL INTERVENTIONs, THE ROLE Of paTIENT pREfERENcEs, aND
ydarG enitsirhC
wHIcH, If aNy, acTIVITIEs caN pROcEED wITHOUT ExpLIcIT pROspEcTIVE cONsENT. CRUcIaLLy, THEsE EffORTs sHOULD INcLUDE IDENTIfyINg wHaT paTIENTs, REsEaRcH paRTIcIpaNTs, pROVIDERs, aND OTHERs caRE abOUT IN VaRIOUs cONTExTs.
Consent and Emerging Technologies A sEcOND cHaLLENgE TO INfOR¸ED cONsENT E¸ERgEs fRO¸ THE cO¸pLExITy aND UNcERTaINTy Of THE INfOR¸aTION gENERaTED by aDVaNcED TEcHNOLOgIEs aND ExpaNDED REsEaRcH OppORTUNITIEs. FOR INsTaNcE, NExT-gENERaTION gENO¸Ic sEqUENcINg TEcHNOLOgIEs, sUcH as wHOLE-gENO¸E sEqUENcINg, wHIcH aLLOw THE qUIck aND INcREasINgLy INExpENsIVE DETEcTION Of VaRIaTION IN THE HU¸aN gENO¸E, aRE RapIDLy bEINg aDOpTED INTO cLINIcaL REsEaRcH aND ROUTINE cLINIcaL pRacTIcE.ÏÒ ALTHOUgH THE ROUTINE I¸pLE¸ENTaTION Of gENO¸Ic sEqUENcINg INTO sTaNDaRD cLINIcaL pRacTIcE ¸ay bE pRE¸aTURE, TURNINg back ¸ay bE DIfficULT.Ï×,ÐØ MaNy REcO¸¸END a RObUsT INfOR¸ED-cONsENT pROcEss fOR THE UsE Of gENO¸Ic sEqUENcINg TEcHNOLOgIEs.ÐÖÐÆ YET THE cO¸pLExITy, VOLU¸E, aND DENsITy Of gENERaTED HEaLTH INfOR¸aTION, THE aNTIcIpaTED DIscOVERy Of VaRIaNTs Of UNcERTaIN sIgNIficaNcE aND sEcONDaRy aND INcIDENTaL fiNDINgs, aND THE I¸pLIcaTIONs fOR bLOOD RELaTIVEs pREsENT sUbsTaNTIaL cHaLLENgEs.ÐÎ,ÐÏ CO¸pREHENsIVELy ExpLaININg IN aDVaNcE THE ELE¸ENTs NEcEssaRy fOR ObTaININg INfOR¸ED cONsENT, sUcH as THE ExpEcTED RIsks, bENEfiTs, aND LIkELy OUTcO¸Es Of sEqUENcINg, caN bE DIfficULT bEcaUsE Of THE sHEER VOLU¸E aND INHERENT UNcERTaINTy Of THE INfOR¸aTION gENERaTED. FURTHER, THE LEVEL aND TypE Of DETaILs pREsENTED IN aN INfOR¸ED-cONsENT pROcEss ¸ay appROpRIaTELy DIffER bETwEEN THE cLINIcaL aND REsEaRcH cONTExTs, as wELL as accORDINg TO pOpULaTION OR sETTINg. FOR Exa¸pLE, THE TypE Of INfOR¸aTION aND THE way IT Is DIscLOsED TO INfOR¸ED HEaLTHy cONsU¸ERs wHO pURcHasE DIREcT-TO-cONsU¸ER gENO¸Ic aNaLysIs ¸ay VaRy fRO¸ THaT fOR ILL paTIENTs sEEkINg cLINIcaL DIagNOsIs aND TREaT¸ENT.ÐÐ ºN aLL sETTINgs, DETER¸ININg HOw TO pREsENT cO¸pLEx scIENTIfic INfOR¸aTION Is fURTHER cO¸pLIcaTED by THE LOw pREVaILINg RaTEs Of scIENcE aND HEaLTH LITERacy. ÐÑ ºT Has bEEN sUggEsTED THaT IN cERTaIN cIRcU¸sTaNcEs, IT ¸ay bE accEpTabLE TO ask pEOpLE TO cONsENT TO aN OVERsIgHT ¸EcHaNIs¸ THaT sERVEs TO EVaLUaTE spEcIfics (I.E., cONsENT TO bE gOVERNED) RaTHER THaN TO cONsENT TO spEcIfic DETaILs;ÎÄ THERE ¸ay aLsO bE a NEED fOR ONgOINg cO¸¸UNIcaTION pROcEssEs THaT aLLOw THE INcORpORaTION Of cHaNgINg INfOR¸aTION aND cHaNgED
ExpEcTaTIONs OVER TI¸E.ÎÆ ´NgagINg paTIENTs IN THE IDENTIficaTION Of sUITabLE cONsENT ¸EcHaNIs¸s OR IN THE DEVELOp¸ENT Of ¸EcHaNIs¸s Of DyNa¸Ic cONsENT aRE aDDITIONaL sTRaTEgIEs THaT HaVE bEEN sUggEsTED.
205
SI¸ILaR cONsENT
sTRaTEgIEs HaVE bEEN pROpOsED fOR REsEaRcH INVOLVINg bIOLOgIc spEcI¸ENs aND DaTa. ºNspIRED by THE sTORy Of ÁENRIETTa ²acks (wHOsE TU¸OR gaVE RIsE TO ÁE²a cELLs bUT wHOsE pER¸IssION TO UsE HER TU¸OR cELLs fOR REsEaRcH was NOT sOUgHT),ÑØ scIENTIsTs aND pOLIcy¸akERs aRE INVEsTIgaTINg aND DIscUssINg ¸ODELs Of cONsENT TO IDENTIfy THOsE THaT aRE bOTH ETHIcaLLy aND pRacTIcaLLy sUITabLE fOR THE fUTURE UsE Of sa¸pLEs aND DaTa.ÑÃ,ÑÄ
Changing Demographics A THIRD cONTE¸pORaRy cHaLLENgE TO INfOR¸ED cONsENT E¸ERgEs fRO¸ ExpEcTED sOcIODE¸OgRapHIc TRENDs. °E ·.S. pOpULaTION wILL bEcO¸E cONsIDERabLy OLDER aND ¸ORE RacIaLLy aND ETHNIcaLLy DIVERsE OVER THE NExT fEw DEcaDEs, wITH aN ExpEcTED DOUbLINg Of THE NU¸bER Of pERsONs 65 yEaRs Of agE OR OLDER aND aN EVEN ¸ORE DRa¸aTIc INcREasE IN THE NU¸bER Of THE “OLDEsT OLD” (85 yEaRs Of agE OR OLDER).ÑÆ,ÑÎ PERsONs OLDER THaN 65 yEaRs Of agE gENERaLLy UsE ¸ORE HEaLTH caRE sERVIcEs, HaVE a HIgHER pREVaLENcE Of cHRONIc DIsEasEs, aND ¸ORE OſtEN HaVE DEcLININg pHysIcaL aND cOgNITIVE fUNcTION THaN DO THOsE wHO aRE yOUNgER.ÑÏ °E NU¸bER Of pEOpLE wITH ALzHEI¸ER’s DE¸ENTIa Is aLsO ExpEcTED TO ¸ORE THaN DOUbLE by 2050 aND TO INcREasE ¸ORE DRa¸aTIcaLLy a¸ONg THE OLDEsT OLD.ÑÐ PREpaRINg fOR THEsE REaLITIEs aND THEIR EffEcT ON HEaLTH caRE Is cRITIcaL. FOR INfOR¸ED cONsENT, THEy sUggEsT THE NEED fOR REspEcTfUL, EffEcTIVE, aND EfficIENT ¸ETHODs Of bOTH ascERTaININg wHETHER pERsONs HaVE THE capacITy TO cONsENT fOR THE¸sELVEs aND facILITaTINg DEcIsION- ¸akINg pROcEssEs fOR THOsE wHO DO NOT. ALTHOUgH ¸aNy ELDERLy pERsONs, INcLUDINg sO¸E wITH DE¸ENTIa, RETaIN THE capacITy TO gIVE INfOR¸ED cONsENT fOR cERTaIN TREaT¸ENT DEcIsIONs, OTHERs DO NOT. CLINIcIaNs, wHO OſtEN Lack TRaININg IN assEssINg capacITy, DO NOT aLways REcOgNIzE INcapacITy aND ¸ay qUEsTION a paTIENT’s capacITy ONLy wHEN THEy facE a RIsky DEcIsION OR wHEN THE paTIENT DIsagREEs wITH THEIR REcO¸¸ENDaTIONs.ÑÑ CULTURaL UNDERsTaNDINgs Of HEaLTH aND ILLNEss caN aLsO sO¸ETI¸Es pLay a ROLE wHEN paTIENTs DIsagREE wITH cLINIcaL REcO¸¸ENDaTIONs. AssEssINg capacITy aND IDENTIfyINg appROpRIaTE aND LEgaLLy accEpTabLE aLTERNaTIVE DEcIsION ¸akERs OR pROcEssEs TakE TI¸E aND REsOURcEs aND OſtEN REcEIVE sHORT sHRIſt IN a bUsy cLINIcaL OR REsEaRcH sETTINg. AssEssINg THE REasONINg capacITIEs Of pERsONs fRO¸ cULTURaL backgROUNDs THaT aRE NOT wELL UNDERsTOOD by cLINIcIaNs caN aLsO
tnesnoC demrofnI fo segnellahC
ÐÒ,Ð×
pOsE cONsIDERabLE cHaLLENgEs. CLINIcIaNs aND INVEsTIgaTORs sHOULD bE TaUgHT
206
TO assEss capacITy aND sHOULD bE pROVIDED wITH VaLIDaTED aND UsEfUL TOOLs ÑÒ aND THE REsOURcEs TO HELp REsOLVE DIfficULT OR bORDERLINE casEs. JOINT DEcIsION-
ydarG enitsirhC
¸akINg appROacHEs THaT sUppORT THE ExIsTINg capacITy Of EacH paTIENT bUT INVOLVE fRIENDs aND fa¸ILy ¸E¸bERs HaVE bEEN REcO¸¸ENDED, bEcaUsE EVEN “aUTONO¸OUs” DEcIsIONs aRE OſtEN ¸aDE TOgETHER wITH TRUsTED LOVED ONEs.Ñ×,ÒØ PaTIENTs ¸ay HaVE THE capacITy fOR cERTaIN DEcIsIONs bUT NOT fOR OTHERs, aND capacITy caN wax aND waNE, sO paTIENTs sHOULD RE¸aIN INVOLVED IN TREaT¸ENT DEcIsIONs TO THE ExTENT THaT IT Is pOssIbLE. CREaTIVE aND appLIcabLE ¸ETHODs Of INfOR¸aTION DIscLOsURE aRE aLsO NEcEssaRy fOR pERsONs wHOsE capacITy Is DI¸INIsHED, as wELL as fOR THE INcREasINg NU¸bERs Of paTIENTs wHO aRE NOT pRI¸aRILy ´NgLIsH spEakERs. ¶EspITE THE ENDURINg aND E¸ERgINg cHaLLENgEs Of INfOR¸ED cONsENT IN HEaLTH caRE aND REsEaRcH, cONsENT Is REcOgNIzED as ¸ORaLLy TRaNsfOR¸aTIVE aUTHORIzaTION, ¸akINg cERTaIN acTIVITIEs pER¸IssIbLE THaT OTHERwIsE wOULD bE wRONg. AssIDUOUs EffORTs TO cLaRIfy aND fiNE-TUNE cONcEpTs, ExpEcTaTIONs, pRacTIcEs, aND THE cRITIcaL ROLE Of cONTExT aRE NEcEssaRy TO bRIDgE THE gap bETwEEN THE REaLITIEs Of INfOR¸ED cONsENT aND THE IDEaL. CONTINUED ExpLORaTION THROUgH REsEaRcH, pUbLIc DIaLOgUE, aND cREaTIVE appROacHEs wILL HELp aDDREss THE ETHIcaL pER¸IssIbILITy aND pUbLIc accEpTabILITy Of NEw ¸ODELs Of cONsENT, sUcH as aLLOwINg cONsENT fOR a bROaD sET Of acTIVITIEs, sO¸ETI¸Es wITH aN ExpLIcIT sysTE¸ Of gOVERNaNcE OVER spEcIfics; REcOgNIzINg THE VaLIDITy Of jOINT appROacHEs TO cONsENT aND DEcIsION ¸akINg; REfiNINg pROcEssEs TO REspEcT THOsE wHO caNNOT cONsENT fOR THE¸sELVEs; aND fiNDINg cREaTIVE, pRacTIcaL, aND REspEcTfUL ways Of pREsENTINg INfOR¸aTION aND sUppORTINg DEcIsION ¸akINg TaILORED TO EacH cONTExT. ³EspEcTINg aND pRO¸OTINg THE INfOR¸ED cHOIcEs Of paTIENTs aND REsEaRcH paRTIcIpaNTs OR pERsONs acTINg ON THEIR bEHaLf RE¸aIN Of paRa¸OUNT I¸pORTaNcE, DEspITE THE cHaLLENgEs Of VaRIED aND cHaNgINg cONTExTs, aLTERED capacITy, LI¸ITED HEaLTH LITERacy, cO¸pLEx INTERVENTIONs, aND sHIſtINg bOUNDaRIEs bETwEEN HEaLTH caRE aND LEaRNINg. CONTINUED pERsIsTENT aND THOUgHTfUL EffORTs TO bRINg THE THEORETIcaL aND pRacTIcaL REaLITIEs Of INfOR¸ED cONsENT cLOsER TOgETHER aRE EssENTIaL.
notes 1 MILLER FG, WERTHEI¸ER A, EDs. °e Ethics of Consent. µEw YORk: ±xfORD ·NIVERsITy PREss; 2010. 2 ALbERgOTTI ³. FUROR ERUpTs OVER FacEbOOk’s ExpERI¸ENT ON UsERs: aL¸OsT 700,000 UNwITTINg sUbjEcTs HaD THEIR fEEDs aLTERED TO gaUgE EffEcT ON E¸OTION. Wall Street Journal.
JUNE 30, 2014. HTTp://ONLINE.wsj.cO¸/aRTIcLEs/fUROR-ERUpTs-OVER-facEbOOk-ExpERI¸ENT -ON-UsERs-1404085840.
207
3 KRa¸ERa A¶, GUILLORy J´, ÁaNcOck J¹. ´xpERI¸ENTaL EVIDENcE Of ¸assIVE-scaLE E¸O-
Practice. 2ND ED. µEw YORk: ±xfORD ·NIVERsITy PREss; 2001. 5 FaDEN ³, BEaUcHa¸p ¹. A History and °eory of Informed Consent . µEw YORk: ±xfORD ·NIVERsITy PREss; 1986. 6 PREsIDENT’s CO¸¸IssION fOR THE STUDy Of ´THIcaL PRObLE¸s IN MEDIcINE aND BIO¸EDIcaL aND BEHaVIORaL ³EsEaRcH. Making Health Care Decisions. WasHINgTON, ¶C: GOVERN¸ENT PRINTINg ±fficE; ±cTObER 1982. HTTps://REpOsITORy.LIbRaRy .gEORgETOwN.EDU/bITsTREa¸/HaNDLE/10822/559354/¸akINg_HEaLTH_caRE_DEcIsIONs
=
.pDf?sEqUENcE 1. 7 ¹URNER ². FRO¸ THE LOcaL TO THE gLObaL: bIOETHIcs aND THE cONcEpT Of cULTURE. J Med
Philos. 2005;30:305–320. 8 GOsTIN ²±. ºNfOR¸ED cONsENT, cULTURaL sENsITIVITy, aND REspEcT fOR pERsONs. ¼½¾½ . 1995;274:844–845. 9 WORLD MEDIcaL AssOcIaTION. Ém¾ ¶EcLaRaTION Of ²IsbON ON THE RIgHTs Of THE paTIENT. ±cTObER 2005. HTTp://www.w¸a.NET/EN/30pUbLIcaTIONs/10pOLIcIEs/L4. 10 WORLD MEDIcaL AssOcIaTION. Ém¾ ¶EcLaRaTION Of ÁELsINkI—ETHIcaL pRINcIpLEs fOR ¸EDIcaL REsEaRcH INVOLVINg HU¸aN sUbjEcTs. ±cTObER 2013. HTTp://www.w¸a.NET/EN /30pUbLIcaTIONs/10pOLIcIEs/b3. 11 A¸ERIcaN MEDIcaL AssOcIaTION. CODE Of MEDIcaL ´THIcs, OpINION 8.08: INfOR¸ED cONsENT. HTTp://www.a¸a-assN.ORg/a¸a/pUb/pHysIcIaN-REsOURcEs/¸EDIcaL-ETHIcs/cODE -¸EDIcaL-ETHIcs/OpINION808.pagE. 12 McMaNUs P², WHEaTLEy K´. CONsENT aND cO¸pLIcaTIONs: RIsk DIscLOsURE VaRIEs wIDELy bETwEEN INDIVIDUaL sURgEONs. Ann R Coll Surg Engl. 2003;85:79–82. 13 BOTTRELL MM, ALpERT Á, FIscHbacH ³², ´¸aNUEL ²². ÁOspITaL INfOR¸ED cONsENT fOR pROcEDURE fOR¸s: facILITaTINg qUaLITy paTIENT-pHysIcIaN INTERacTION. Arch Surg. 2000;135:26–33. 14 WENDLER ¶, GRaDy C. WHaT sHOULD REsEaRcH paRTIcIpaNTs UNDERsTaND TO UNDERsTaND THEy aRE paRTIcIpaNTs IN REsEaRcH? Bioethics. 2008;22:203–308. 15 AppELbaU¸ PS. AssEss¸ENT Of paTIENTs’ cO¸pETENcE TO cONsENT TO TREaT¸ENT. N Engl J
Med. 2007;357:1834–1840. 16 MILLER ÂA, ³EyNOLDs WW, ºTTENbacH ³F, ²UcE MF, BEaUcHa¸p ¹², µELsON ³M. CHaLLENgEs IN ¸EasURINg a NEw cONsTRUcT: pERcEpTION Of VOLUNTaRINEss fOR REsEaRcH aND TREaT¸ENT DEcIsION ¸akINg. J Empir Res Hum Res Ethics. 2009;4:21–31. 17 ScHENkER Y, WaNg F, SELIg SJ, µg ³, FERNaNDEz A. °E I¸pacT Of LaNgUagE baRRIERs ON DOcU¸ENTaTION Of INfOR¸ED cONsENT aT a HOspITaL wITH ON-sITE INTERpRETER sERVIcEs.
J Gen Intern Med. 2007;22(SUppL 2):294–299. 18 KROgsTaD ¶J, ¶IOp S, ¶IaLLO A, ET aL. ºNfOR¸ED cONsENT IN INTERNaTIONaL REsEaRcH: THE RaTIONaLE fOR DIffERENT appROacHEs. Am J Trop Med Hyg. 2010;83:743–747. 19 CaNDILIs P, ²IDz C. ADVaNcEs IN INfOR¸ED cONsENT REsEaRcH. ºN: MILLER FG, WERTHEI¸ER A, EDs. °e Ethics of Consent: °eory and Practice. µEw YORk: ±xfORD ·NIVERsITy PREss; 2010:329–346.
tnesnoC demrofnI fo segnellahC
TIONaL cONTagION THROUgH sOcIaL NETwORks. Proc Natl Acad Sci USA. 2014;111:8788–8790. 4 BERg J, AppELbaU¸ P, ²IDz C, PaRkER ². Informed Consent: Legal °eory and Clinical
20 JOffE S, ¹RUOg ³. CONsENT TO ¸EDIcaL caRE: THE I¸pORTaNcE Of fiDUcIaRy cONTExT. ºN:
208
MILLER FG, WERTHEI¸ER A, EDs. °e Ethics of Consent: °eory and Practice . µEw YORk: ±xfORD ·NIVERsITy PREss; 2010:357–373. 21 ²EcLERcq WK, KEULERs BJ, ScHELTINga M³, SpaUwEN PÁ, VaN DER WILT GJ. A REVIEw Of
ydarG enitsirhC
sURgIcaL INfOR¸ED cONsENT: pasT, pREsENT, aND fUTURE: a qUEsT TO HELp paTIENTs ¸akE bETTER DEcIsIONs. World J Surg . 2010;34:1406–1415. 22 ÁaLL ¶´, PROcHazka AÂ, FINk AS. ºNfOR¸ED cONsENT fOR cLINIcaL TREaT¸ENT. ´»ÂÇ. 2012;184:533–540. 23 McKNEaLLy MF, ºgNagNI ´, MaRTIN ¶K, ¶’CRUz J. °E LEap TO TRUsT: pERspEcTIVE Of cHOLEcysTEcTO¸y paTIENTs ON INfOR¸ED DEcIsION ¸akINg aND cONsENT. J Am Coll Surg . 2004;199:51–57. 24 FaLagas M´, KORbILa ºP, GIaNNOpOULOU KP, KONDILIs BK, PEppas G. ºNfOR¸ED cONsENT: HOw ¸UcH aND wHaT DO paTIENTs UNDERsTaND? Am J Surg. 2009;198:420–435. 25 McKNEaLLy MF, MaRTIN ¶K. AN ENTRUsT¸ENT ¸ODEL Of cONsENT fOR sURgIcaL TREaT¸ENT Of LIfE-THREaTENINg ILLNEss: pERspEcTIVE Of paTIENTs REqUIRINg EsOpHagEcTO¸y. J °orac
Cardiovasc Surg. 2000;120:264–269. 26 ³UHNkE GW, WILsON S³, Aka¸aTsU ¹, ET aL. ´THIcaL DEcIsION ¸akINg aND paTIENT aUTONO¸y: a cO¸paRIsON Of pHysIcIaNs aND paTIENTs IN JapaN aND THE ·NITED STaTEs.
Chest. 2000;118:1172–1182. 27 ·.S. CODE Of FEDERaL ³EgULaTIONs, aT ¹ITLE 45 ãÕß.46.116 aND 21ãÕß.50. HTTp://www .HHs.gOV/OHRp/HU¸aNsUbjEcTs. 28 PaascHE-±RLOw MK, ¹ayLOR ÁA, BRaNcaTI F². ³EaDabILITy sTaNDaRDs fOR INfOR¸ED- cONsENT fOR¸s as cO¸paRED wITH acTUaL REaDabILITy. N Engl J Med. 2003;348:721–726. 29 BEaRDsLEy ´, JEffORD M, MILEsHkIN ². ²ONgER cONsENT fOR¸s fOR cLINIcaL TRIaLs cO¸pRO¸IsE paTIENT UNDERsTaNDINg: sO wHy aRE THEy LENgTHENINg? J Clin Oncol. 2007;25(9):E13–E14. 30 MaNDaVa A, PacE C, Ca¸pbELL B, ´¸aNUEL ´, GRaDy C. °E qUaLITy Of INfOR¸ED cONsENT: ¸appINg THE LaNDscapE: a REVIEw Of E¸pIRIcaL DaTa fRO¸ DEVELOpINg aND DEVELOpED cOUNTRIEs. J Med Ethics. 2012;38:356–365. 31 AppELbaU¸ PS, ²IDz CW. ¹wENTy-fiVE yEaRs Of THERapEUTIc ¸IscONcEpTION. Hastings
Cent Rep. 2008;38:5–6. 32 ÔÛÛÖ ±fficE fOR ÁU¸aN ³EsEaRcH PROTEcTIONs. ²ETTER TO THE ·NIVERsITy Of ALaba¸a REgaRDINg THE SURfacTaNT, POsITIVE PREssURE, aND ±xygENaTION ³aNDO¸IzED ¹RIaL (¼u¿¿ort). MaRcH 2013. HTTp://www.HHs.gOV/OHRp/DETR¸_LETRs/Y³13/¸aR13a.pDf. 33 ¶RazEN JM, SOLO¸ON CG, GREENE MF. ºNfOR¸ED cONsENT aND ¼u¿¿ort. N Engl J Med . 2013;368:1929–1931. 34 KINNERsLEy P, PHILLIps K, SaVagE K, ET aL. ºNTERVENTIONs TO pRO¸OTE INfOR¸ED cONsENT fOR paTIENTs UNDERgOINg sURgIcaL aND OTHER INVasIVE HEaLTHcaRE pROcEDUREs. Cochrane
Database Syst Rev . 2013;7:ãÔ009445. 35 ScHENkER Y, FERNaNDEz A, SUDORE ³, ScHILLINgER ¶. ºNTERVENTIONs TO I¸pROVE paTIENT cO¸pREHENsION IN INfOR¸ED cONsENT fOR ¸EDIcaL aND sURgIcaL pROcEDUREs: a sysTE¸aTIc REVIEw. Med Decis Making. 2011;31:151–173. 36 STacEy ¶, ²égaRé F, COL µF, ET aL. ¶EcIsION aIDs fOR pEOpLE facINg HEaLTH TREaT¸ENT OR scREENINg DEcIsIONs. Cochrane Database Syst Rev . 2014;1:ãÔ001431. 37 WOOLf SÁ, CHaN ´C, ÁaRRIs ³, ET aL. PRO¸OTINg INfOR¸ED cHOIcE: TRaNsfOR¸INg HEaLTH caRE TO DIspENsE kNOwLEDgE fOR DEcIsION ¸akINg. Ann Intern Med . 2005;143:293–300.
38 KRU¸HOLz ÁM. ºNfOR¸ED cONsENT TO pRO¸OTE paTIENT-cENTERED caRE. ¼½¾½ . 2010;303
209
:1190–1191. 39 FLORy J, ´¸aNUEL ´J. ºNTERVENTIONs TO I¸pROVE REsEaRcH paRTIcIpaNTs’ UNDERsTaNDINg IN
THE EffORT TO acHIEVE ETHIcaL gOaLs. ¼½¾½. 2011;305:1130–1131. 41 ÁENDERsON G´. ºs INfOR¸ED cONsENT bROkEN? Am J Med Sci. 2011;342:267–272. 42 KOENIg BA. ÁaVE wE askED TOO ¸UcH Of cONsENT? Hastings Cent Rep . 2014;44:33–34. 43 ºNsTITUTE Of MEDIcINE. BEsT caRE aT LOwER cOsT: THE paTH TO cONTINUOUsLy LEaRNINg HEaLTH caRE IN A¸ERIca. 2012. HTTp://www.IO¸.EDU/REpORTs/2012/bEsT-caRE-aT-LOwER-cOsT-THE -paTH-TO-cONTINUOUsLy-LEaRNINg-HEaLTH-caRE-IN-a¸ERIca.aspx. 44 ºNsTITUTE Of MEDIcINE. °E LEaRNINg HEaLTHcaRE sysTE¸: wORksHOp sU¸¸aRy. 2007. HTTp:// w ww.IO¸ . EDU / REpORTs / 2007 / THE - LEaRNINg - HEaLTHcaRE - sysTE¸ - wORksHOp -sU¸¸aRy.aspx. 45 FaDEN ³³, Kass µ´, GOOD¸aN Sµ, PRONOVOsT P, ¹UNIs S, BEaUcHa¸p ¹². AN ETHIcs fRa¸EwORk fOR a LEaRNINg HEaLTH caRE sysTE¸: a DEpaRTURE fRO¸ TRaDITIONaL REsEaRcH ETHIcs aND cLINIcaL ETHIcs. Hastings Cent Rep . 2013;43:S16–S27. 46 FaDEN ³³, BEaUcHa¸p ¹², Kass µ´. ºNfOR¸ED cONsENT fOR cO¸paRaTIVE EffEcTIVENEss TRIaLs. N Engl J Med. 2014;370:1959–1960. 47 µaTIONaL CO¸¸IssION fOR THE PROTEcTION Of ÁU¸aN SUbjEcTs Of BIO¸EDIcaL aND BEHaVIORaL ³EsEaRcH. °E BEL¸ONT ³EpORT. 1979. HTTp://www.HHs.gOV/OHRp/HU¸aNsUbjEcTs /gUIDaNcE/bEL¸ONT.HT¸L. 48 MILLER FG, ³OsENsTEIN ¶². °E THERapEUTIc ORIENTaTION TO cLINIcaL TRIaLs. N Engl J Med. 2003;348:1383–1386. 49 Kass µ´, FaDEN ³³, GOOD¸aN Sµ, PRONOVOsT P, ¹UNIs S, BEaUcHa¸p ¹². °E REsEaRcH-TREaT¸ENT DIsTINcTION: a pRObLE¸aTIc appROacH fOR DETER¸ININg wHIcH acTIVITIEs sHOULD HaVE ETHIcaL OVERsIgHT. Hastings Cent Rep . 2013;43:S4–S15. 50 PLaTT ³, Kass µ´, McGRaw ¶. ´THIcs, REgULaTION, aND cO¸paRaTIVE EffEcTIVENEss REsEaRcH: TI¸E fOR a cHaNgE. ¼½¾½. 2014;311:1497–1498. 51 KI¸ SY, MILLER FG. ºNfOR¸ED cONsENT fOR pRag¸aTIc TRIaLs—THE INTEgRaTED cONsENT ¸ODEL. N Engl J Med . 2014;370:769–772. 52 MILLER FG, ´¸aNUEL ´J. QUaLITy-I¸pROVE¸ENT REsEaRcH aND INfOR¸ED cONsENT. N Engl
J Med. 2008;358:765–767. 53 SHEpHERD ². °E ¼u¿¿ort sTUDy aND THE sTaNDaRD Of caRE: THE ÁasTINgs CENTER BIOETHIcs FORU¸. May 17, 2013. HTTp://www.THEHasTINgscENTER.ORg/BIOETHIcsfORU¸/POsT.aspx
=
=
?ID 6358ÍbLOgID 140. 54 WHITNEy Sµ, McGUIRE A², McCULLOUgH ²B. A TypOLOgy Of sHaRED DEcIsION ¸akINg, INfOR¸ED cONsENT, aND sI¸pLE cONsENT. Ann Intern Med. 2004;140:54–59. 55 MagNUs ¶, CapLaN A². ³Isk, cONsENT, aND sUppORT. N Engl J Med . 2013;368:1864–1865. 56 ÁUDsON K², GUTT¸acHER A´, COLLINs FS. ºN sUppORT Of ¼u¿¿ort—a VIEw fRO¸ THE nih. N Engl J Med. 2013;368:2349–2351. 57 ¶EpaRT¸ENT Of ÁEaLTH aND ÁU¸aN SERVIcEs, ±fficE Of ÁU¸aN ³EsEaRcH PROTEcTIONs. ¶Raſt gUIDaNcE ON DIscLOsINg REasONabLy fOREsEEabLE RIsks IN REsEaRcH EVaLUaTINg sTaNDaRDs Of caRE. ±cTObER 20, 2014. HTTp://www.HHs.gOV/OHRp/NEwsROO¸/Rfc /cO¸sTDOfcaRE.HT¸L.
tnesnoC demrofnI fo segnellahC
INfOR¸ED cONsENT fOR REsEaRcH: a sysTE¸aTIc REVIEw. ¼½¾½. 2004;292:1593–601. 40 ScHENkER Y, MEIsEL A. ºNfOR¸ED cONsENT IN cLINIcaL caRE: pRacTIcaL cONsIDERaTIONs IN
58 WaDE CÁ, ¹aRINI BA, WILfOND BS. GROwINg Up IN THE gENO¸Ic ERa: I¸pLIcaTIONs Of
210
wHOLE-gENO¸E sEqUENcINg fOR cHILDREN, fa¸ILIEs, aND pEDIaTRIc pRacTIcE. Annu Rev
Genomics Hum Genet. 2013;14:535–555. 59 FEERO WG. CLINIcaL appLIcaTION Of wHOLE-gENO¸E sEqUENcINg: pROcEED wITH caRE.
ydarG enitsirhC
¼½¾½. 2014;311:1017–1019. 60 CHRysTOja CC, ¶Ia¸aNDIs ´P. WHOLE gENO¸E sEqUENcINg as a DIagNOsTIc TEsT: cHaLLENgEs aND OppORTUNITIEs. Clin Chem . 2014;60:724–733. 61 PREsIDENTIaL CO¸¸IssION fOR THE STUDy Of BIOETHIcaL ºssUEs. Privacy and Progress in
Whole Genome Sequencing. WasHINgTON, ¶C: ¶EpaRT¸ENT Of ÁEaLTH aND ÁU¸aN SERVIcEs; 2012. HTTp://www.bIOETHIcs.gOV. 62 µaTIONaL ÁU¸aN GENO¸E ³EsEaRcH ºNsTITUTE. ºNfOR¸ED cONsENT fOR gENO¸Ics REsEaRcH. HTTp://www.gENO¸E.gOV/27026588. 63 AppELbaU¸ PS, PaRENs ´, WaLD¸aN C³, ET aL. MODELs Of cONsENT TO RETURN Of INcIDENTaL fiNDINgs IN gENO¸Ic REsEaRcH. Hastings Cent Rep . 2014;44:22–32. 64 MORgENsTERN J, ÁEgELE ³A, µIskER J. SI¸pLE gENETIcs LaNgUagE as sOURcE Of ¸IscO¸¸UNIcaTION bETwEEN gENETIcs REsEaRcHERs aND pOTENTIaL REsEaRcH paRTIcIpaNTs IN INfOR¸ED cONsENT DOcU¸ENTs. Public Underst Sci. 2014; ApRIL 21. (´pUb aHEaD Of pRINT). 65 CLaRkE AJ. MaNagINg THE ETHIcaL cHaLLENgEs Of NExT-gENERaTION sEqUENcINg IN gENO¸Ic ¸EDIcINE. Br Med Bull. 2014;111:17–30. 66 SaNDERsON SC, ²INDER¸aN M¶, KasaRskIs A, ET aL. ºNfOR¸ED DEcIsION-¸akINg a¸ONg sTUDENTs aNaLyzINg THEIR pERsONaL gENO¸Es ON a wHOLE gENO¸E sEqUENcINg cOURsE: a LONgITUDINaL cOHORT sTUDy. Genome Med . 2013;5:113. 67 KUTNER M, GREENbERg ´, JIN Y, PaULsEN C. °e Health Literacy of America’s Adults: Results
from the 2003 National Assessment of Adult Literacy (n»e¼ 2006-483). WasHINgTON, ¶C: ¶EpaRT¸ENT Of ´DUcaTION, µaTIONaL CENTER fOR ´DUcaTION STaTIsTIcs; 2006. HTTp://NcEs .ED.gOV/pUbs2006/2006483.pDf. 68 WEbER GM, MaNDL K¶, KOHaNE ºS. FINDINg THE ¸IssINg LINk fOR bIg bIO¸EDIcaL DaTa.
¼½¾½. 2014;311:2479–2480. 69 KayE J, WHITLEy ´A, ²UND ¶, MORRIsON M, ¹EaRE Á, MELHa¸ K. ¶yNa¸Ic cONsENT: a paTIENT INTERfacE fOR TwENTy-fiRsT cENTURy REsEaRcH NETwORks. Eur J Hum Genet. 2014:1–6. 70 SkLOOT ³. °e Immortal Life of Henrietta Lacks. ²ONDON: PaN Mac¸ILLaN; 2011. 71 ÁUDsON K², COLLINs FS. BIOspEcI¸EN pOLIcy: fa¸ILy ¸aTTERs. Nature. 2013;500:141–142. 72 SI¸ON CM, ²’HEUREUx J, MURRay JC, ET aL. AcTIVE cHOIcE bUT NOT TOO acTIVE: pUbLIc pERspEcTIVEs ON bIObaNk cONsENT ¸ODELs. Genet Med. 2011;13:821–831. 73 CENsUs BUREaU. ·.S. CENsUs BUREaU pROjEcTIONs sHOw a sLOwER gROwINg, OLDER, ¸ORE DIVERsE NaTION a HaLf cENTURy fRO¸ NOw. ¶EcE¸bER 2012. HTTp://www.cENsUs.gOV /NEwsROO¸/RELEasEs/aRcHIVEs/pOpULaTION/cb12-243.HT¸L. 74 ·.S. ¶EpaRT¸ENT Of ÁEaLTH aND ÁU¸aN SERVIcEs AD¸INIsTRaTION fOR CO¸¸UNITy ²IVINg. AD¸INIsTRaTION ON AgINg (AOA) agINg sTaTIsTIcs. HTTp://www.aOa.acL.gOV/AgINg _STaTIsTIcs/INDEx.aspx. 75 CHERRy ¶, ²Ucas C, ¶EckER S². Population Aging and the Use of Office-Based Physician
Services. n»h¼ DaTa bRIEf, NO 41. ÁyaTTsVILLE, M¶: µaTIONaL CENTER fOR ÁEaLTH STaTIsTIcs; 2010. HTTp://www.cDc.gOV/NcHs/DaTa/DaTabRIEfs/Db41.HT¸. 76 ÁEbERT ²´, WEUVE J, ScHERR PA, ´VaNs ¶A. ALzHEI¸ER DIsEasE IN THE ·NITED STaTEs (2010–2050) EsTI¸aTED UsINg THE 2010 cENsUs. Neurology. 2013;80:1778–1783.
77 SEssU¸s ²², ZE¸bRzUska Á, JacksON J². ¶OEs THIs paTIENT HaVE ¸EDIcaL DEcIsION- ¸akINg capacITy? ¼½¾½ . 2011;306:420–427.
211
78 ¶UNN ²B, µOwRaNgI MA, PaL¸ER BW, JEsTE ¶Â, Saks ´³. AssEssINg DEcIsIONaL
2006;163:1323–1334. 79 µUffiELD COUNcIL ON BIOETHIcs. ¶E¸ENTIa: ETHIcaL IssUEs, ±cTObER 2009. HTTp:// NUffiELDbIOETHIcs.ORg/wp-cONTENT/UpLOaDs/2014/07/¶E¸ENTIa-REpORT-±cT-09.pDf. 80 KI¸ SY, KI¸ ÁM, ³yaN KA, ET aL. ÁOw I¸pORTaNT Is “accURacy” Of sURROgaTE DEcIsION- ¸akINg fOR REsEaRcH paRTIcIpaTION? PLoS One. 2013;8(1):E54790.
tnesnoC demrofnI fo segnellahC
capacITy fOR cLINIcaL REsEaRcH OR TREaT¸ENT: a REVIEw Of INsTRU¸ENTs. Am J Psychiatry .
´eAch±ng The ´yRAnny of The FoRm ²NfORM±d CONS±NT IN ³±RSON ANd ON ³Ap±R Katie Watson
My cOLLEagUEs aND º IN µORTHwEsTERN’s MEDIcaL ÁU¸aNITIEs aND BIOETHIcs PROgRa¸ TEacH ¸EDIcaL sTUDENTs a TExTbOOk VIsION Of INfOR¸ED cONsENT. WE kNOw pHysIcIaNs DON’T aLways DO IT THaT way IN pRacTIcE, bUT wE figURE TEacHINg HOw IT ought TO bE DONE gIVEs OUR sTUDENTs a figHTINg cHaNcE TO DEcREasE INEVITabLE gaps bETwEEN THE IDEaL aND THE REaL. ºN 2012 ¸y faTHER was DIagNOsED wITH TER¸INaL EsOpHagEaL caNcER, ¸y paRTNER aND º bOTH HaD ¸INOR sURgERIEs, aND a ROUTINE cOLONOscOpy TORE ¸y ¸OTHER’s spLEEN aLL IN THE cOURsE Of sIx ¸ONTHs. My “YEaR Of MEDIcaL MaNagE¸ENT” ¸aDE ¸E REaLIzE ¸y TEacHINg abOUT INfOR¸ED cONsENT wasN’T jUsT INTENTIONaLLy IgNORINg a THEORy-pRacTIcE gap—IT was IgNORaNT Of HOw THE ¸ODERN ¸EDIcaL wORkpLacE sEpaRaTEs cONsENT cONVERsaTION fRO¸ cONsENT DOcU¸ENTaTION, aND HOw THE “¹yRaNNy Of THE FOR¸” caN UNDER¸INE THE DEcIsION-¸akINg pROcEss IN sURpRIsINg ways. My faTHER was a HEaLTHy 75-yEaR-OLD wHO pLayED HIs 36TH sEasON Of sOſtbaLL IN THE sU¸¸ER Of 2011, bUT IN THE faLL HE DEVELOpED a pERsIsTENT IRRITaTINg cOUgH, aND IN ¸ID-JaNUaRy TEsTINg REVEaLED aN ENOR¸OUs TU¸OR. ÁE was qUIckLy aD¸ITTED TO THE HOspITaL TO figURE OUT wHaT TO DO wITH HIs TU¸OR’s UNUsUaL fisTULa—a DyE TEsT sHOwED THaT EVERyTHINg HE swaLLOwED wENT IN (aND ¸OsTLy OUT Of) a s¸aLL gap IN HIs TU¸OR, cREaTINg aN INfEcTIOUs pOckET THaT wOULD bE faTaL If IT bURsT—aND THE HIgH-sTakEs qUEsTION was wHaT TO DO abOUT IT. MULTIpLE TEa¸s cycLED THROUgH HIs ROO¸ REpORTINg THEIR TEsT REsULTs aND DIffERINg assEss¸ENTs Of RIsks aND bENEfiTs fOR THE VaRIOUs appROacHEs THEy aDVOcaTED. ´VERy OpTION INcLUDED LIfE-THREaTENINg RIsks IN UNcERTaIN qUaNTITIEs, aND THERE was NO cLEaR aNswER. °E ¸ORNINg bEfORE THE ENDO-
KaTIE WaTsON, “¹EacHINg THE ¹yRaNNy Of THE FOR¸: ºNfOR¸ED CONsENT IN PERsON aND ON PapER,” fRO¸ Narrative Inquiry in Bioethics 3, NO. 1 (2013): 31–34. © 2013 by JOHNs ÁOpkINs ·NIVERsITy PREss. ³EpRINTED by pER¸IssION Of JOHNs ÁOpkINs ·NIVERsITy PREss.
scOpIc pROcEDURE, ¸y DaD aND HIs ONcOLOgIsT REVIEwED THE pOssIbILITIEs aND cOLLabORaTIVELy DEcIDED TO acT cONsERVaTIVELy, DEfERRINg THE pOssIbILITy Of aN
213
OLOgy’s REcO¸¸ENDaTION Of aN ExpLORaTORy scOpE Of HIs EsOpHagUs TO DETER¸INE THE ORIgIN Of HIs TU¸OR aND INsERTINg a fEEDINg TUbE IN HIs sTO¸acH IN pREpaRaTION fOR a LOw-DOsE paLLIaTIVE ROUND Of RaDIaTION aND cHE¸OTHERapy. ºT was a TExTbOOk-pERfEcT Exa¸pLE Of OpTION REVIEw aND cOLLabORaTIVE DEcIsION ¸akINg a¸ONg pHysIcIaN, paTIENT, aND fa¸ILy—scORE ONE fOR INfOR¸ED cONsENT! °aT aſtERNOON a sURgERy REsIDENT ca¸E IN TO “cONsENT” ¸y faTHER fOR THE NExT Day’s ENDOscOpy, aND as HE scaNNED THE fOR¸, HE RaTTLED Off THaT THEy wERE gOINg TO pLacE a sTENT. “µO, THEy DEcIDED NOT TO DO THaT,” ¸y DaD says. “°aT’s Okay,” THE REsIDENT says, “gO aHEaD aND sIgN IT aND THEy’LL wORk IT OUT TO¸ORROw.” My DaD LOOks TO ¸E fRO¸ HIs bED, aND º back HI¸ Up. “°ERE was a LOT Of DIscUssION back aND fORTH aND IT sOUNDs LIkE ¸aybE sURgERy DIDN’T HEaR THE fiNaL DEcIsION. WHy DON’T yOU cHEck wITH ¶R. ¶ [¶aD’s sURgEON] TO ¸akE sURE EVERyONE’s ON THE sa¸E pagE aND THE fOR¸ LIsTs THE RIgHT pROcEDUREs?” °E REsIDENT waVEs THE cONsENT fOR¸ IN THE aIR. “°Is IsN’T a LEgaL DOcU¸ENT.” º DON’T cORREcT HI¸: º a¸ Off THE LawyER-ETHIcIsT-pROfEssOR cLOck, TODay º a¸ a DaUgHTER IN jEaNs cURLED IN aN UNcO¸fORTabLE cHaIR wHO caN sTILL baRELy bELIEVE HER HEaRTy DaDDy Has bEEN bEDDED IN a HOspITaL gOwN. “ºT’s NOT a cONTRacT,” HE says DIs¸IssIVELy. “JUsT bEcaUsE yOU sIgN IT DOEsN’T ¸EaN wE have TO DO wHaT’s ON HERE—If IT’s wRONg wE wON’T DO IT. AND,” HE says HOpEfULLy, “yOU ¸IgHT waNT a sTENT LaTER.” º s¸ILE. “WELL THEN yOU’D waNT TO TaLk TO HI¸ abOUT THaT THEN. SIgNINg sO¸ETHINg wE aLREaDy kNOw Is wRONg sEE¸s baD fOR safETy, yOU kNOw? WITH aLL THEsE DIffERENT TEa¸s . . . DOUbLE- cHEck wITH ¶R. ¶, Okay?” °E REsIDENT LEaVEs. AN HOUR LaTER ¶aD’s ONcOLOgIsT caLLs ¸y cELL pHONE sOUNDINg cONfUsED: “º HEaR yOUR DaD REfUsED THE ENDOscOpy?” º ExpLaIN. SHE cHUckLEs. “º’LL spEak TO THE yOUNg REsIDENT.” ¹wO HOURs LaTER º waLk INTO ¶aD’s ROO¸ aND THE REsIDENT Is back, THIs TI¸E wITH a RaDIcaLLy DIffERENT DE¸EaNOR. ÁE’D never waNT Us TO sIgN sO¸ETHINg THaT wasN’T RIgHT, HE was jUsT TRyINg TO figURE OUT wHaT was accURaTE sO HE cOULD ¸akE a corrected fOR¸, DOEs this LOOk Okay TO ¶aD aND ¸E? Wonderful . ºN °e Healer’s Power (1992), pHysIcIaN-pHILOsOpHER ÁOwaRD BRODy aNaLyzED THE pOwER Of THE wORkpLacE, bEcaUsE HE THINks DIscUssINg ETHIcaL pRObLE¸s IN TER¸s Of THE TENsION bETwEEN caRE aND wORk bRINgs TO LIgHT ETHIcaLLy RELEVaNT fEaTUREs THaT aREN’T RaIsED by ¸ORE TRaDITIONaL ETHIcs LaNgUagE OR cONcEpTs.
m r o F e h t f o y n n a r y T e h t g n i h c a e T
EsOpHagEaL sTENT OR a DRaIN THROUgH HIs back fOR LaTER, aND gOINg wITH RaDI-
ºN THIs sITUaTION, THE wORkpLacE DIVIsION Of LabOR HaD ONE pERsON gET THE
214
acTUaL INfOR¸ED cONsENT (¶aD’s ONcOLOgIsT) aND aNOTHER gET DOcU¸ENTaTION Of THaT cONsENT (THE sURgERy REsIDENT). WHEN THEsE ROLEs aRE sEpaRaTED,
nostaW e i t a K
THE pERsON sENT TO DOcU¸ENT cONsENT INVaRIabLy Lacks fULL kNOwLEDgE Of THE acTUaL cONsENT cONVERsaTION. BUT wHaT accOUNTs fOR THE REsIDENT’s REsIsTaNcE TO cHaNgINg THE fOR¸ wHEN THE paTIENT INfOR¸ED HI¸ Of ITs ERROR? FRO¸ a wORkflOw pERspEcTIVE THE REsIDENT was UNDER asy¸¸ETRIc pREssURE: If HE’D gOTTEN a sIgNaTURE HE pRObabLy wOULDN’T caTcH TROUbLE fOR aDDINg aN INaccURaTE cONsENT fOR¸ TO THE cHaRT UNLEss IT REsULTED IN a sURgIcaL ERROR. AND, Of cOURsE, REVIsINg THE fOR¸ LENgTHENs HIs TO-DO LIsT. BUT If IT DOEsN’T ¸aTTER wHaT THE fOR¸ says, wHy aRE wE sIgNINg IT aT aLL? ¶URINg ¸y faTHER’s HOspITaLIzaTIONs º ca¸E TO THINk Of THE HOspITaL as a “HEaLTH facTORy” wITH a gRaVITaTIONaL pULL TOwaRD EfficIENcy THaT caN DIsE¸pOwER bOTH pHysIcIaNs aND paTIENTs. As BRODy ObsERVEs, “[T]HERE Is a DIREcT cONflIcT bETwEEN THE ROUTINE aND pOwER Of THE wORkpLacE aND THE gOaL Of paTIENT aUTONO¸y” (p. 68). BRODy INVITEs ETHIcIsTs TO UsE THE LaNgUagE Of pOwER, bUT HE DOEsN’T aNaLyzE THE pOwER Of LaNgUagE. CONsIDER THE ExpEcTaTION E¸bEDDED IN THE DIREcTIVE “gO cONsENT HER”—cONVERTINg cONsENT TO a VERb EsTabLIsHEs “yEs” as THE gOaL aND cONsTRUcTs paTIENT REfUsaL as a faILURE Of THE pERsON sENT TO gET “cONsENT.” °E E¸pHasIs ON OUTcO¸E IN “gO cONsENT HER” aLsO sUggEsTs THE pHysIcIaN Has a sTakE IN THE paTIENT agREEINg wITH THE REcO¸¸ENDaTION, ONE sTRaND Of wHIcH cOULD bE bENEficENcE (“º THINk THIs Is bEsT fOR yOU aND a¸ INVEsTED IN yOUR wELLbEINg”), aNOTHER cOULD bE pERsONaL pOwER (“REjEcTINg ¸y REcO¸¸ENDaTION Is aN affRONT TO ¸E aND/OR ¸y ExpERTIsE”), aND BRODy’s fOcUs ON wORkpLacE pOwER sUggEsTs a THIRD sTRaND—THE paTIENT wHO says NO DIsRUpTs THE ¸O¸ENTU¸ Of a VERy ExpENsIVE assE¸bLy LINE. (¹wENTy yEaRs LaTER, SHaRON KaUf¸aN’s ETHNOgRapHIc REsEaRcH, And a Time to Die: How American
Hospitals Shape the End of Life [2005], cONfiR¸ED BRODy’s INsIgHT abOUT THE pREssURE TO kEEp THINgs ¸OVINg IN THE HOspITaL.) º UsED TO cHafE aT THIs LaNgUagE (AREN’T THEy sENT TO gET THE paTIENT’s DEcIsION? WOULD THE REspONsE TO REfUsaL cHaNgE If THE sHORTHaND wERE “gO DEcIsION HER” OR “gO RIsk-aND-bENEfiT HER”?). °Is ExpERIENcE ¸aDE ¸E RETHINk ¸y ObjEcTION: wHEN a HIgHER-Up Has aLREaDy HaD THE cONVERsaTION aND THE “yEs” Is a DONE-DEaL, “gO cONsENT HER” Is aN accURaTE affiR¸aTION Of THE sEpaRaTION Of cONVERsaTION aND DOcU¸ENTaTION. ºN THaT sITUaTION, THE pERsON wHO LEaVEs THE ROO¸ wITHOUT a sIgNaTURE Has faILED a cLERIcaL Task. SaDLy fOR THIs REsIDENT, a gLITcH IN THE assE¸bLy LINE pUT a faULTy fOR¸ IN HIs HaND. FRO¸ a safETy pERspEcTIVE HE sHOULD HaVE bEEN REwaRDED fOR caTcHINg aN ERROR, bUT
HIs bEHaVIOR ON bOTH OccasIONs sUggEsTs HE cOULD HaVE bEEN REspONDINg TO pUNIsH¸ENT (fEaRED OR acTUaL) fOR DIsRUpTINg wORkflOw.
215
INg yOUR DEcIsION—aRE cO¸bINED. °aT was THE casE TwO ¸ONTHs LaTER wHEN º NEEDED sURgERy TO RE¸OVE UTERINE fibROIDs. FIVE Days bEfORE sURgERy º HaD aN appOINT¸ENT wITH ¸y DOcTOR’s FELLOw TO REVIEw THE pROcEDURE. °E FELLOw DID aN ExE¸pLaRy jOb Of ExpLaININg RIsks, bENEfiTs, aND aLTERNaTIVEs IN pLaIN LaNgUagE aND aNswERINg ¸y qUEsTIONs. º caUgHT THE pROfEssORIaL paRT Of ¸y bRaIN THINkINg, “µOw this Is INfOR¸ED cONsENT” as THE FELLOw spOkE—º was gENUINELy I¸pREssED wITH HER. °EN sHE HaNDED ¸E THE cONsENT fOR¸, wHIcH saID: “ºf aNy pREsENTLy UNkNOwN cONDITIONs aRE REVEaLED IN THE cOURsE Of THE pROcEDUREs Na¸ED abOVE wHIcH caLL fOR DIffERENT OR fURTHER pROcEDUREs, º HEREby cONsENT TO aND aUTHORIzE THE pERfOR¸aNcE Of sUcH pROcEDUREs as wELL.” º REflExIVELy cROss THIs OUT as º REaD IT, aND THE FELLOw LOOks sTaRTLED. º ExpLaIN THaT º aLways cROss OUT bLaNkET cONsENT sENTENcEs bEcaUsE º’¸ NOT agREEINg TO aNy aND aLL pROcEDUREs, ONLy THE ONE wE DIscUssED. SHE REspONDs IN wHaT º REgIsTER as a paTRONIzINg TONE: “WHaT If yOU wERE DyINg? WOULDN’T yOU waNT Us TO saVE yOUR LIfE?” º wINcE aT THE HINT Of aNTagONIs¸, sITTINg Up sTRaIgHT. “YEs. º wOULD. AND yOU’D bE aUTHORIzED TO DO THaT by E¸ERgENcy ExcEpTIONs TO cONsENT. BUT If yOU fOUND a NONE¸ERgENT cONDITION yOU REcO¸¸ENDED OTHER pROcEDUREs fOR, º’D waNT yOU TO DIscUss IT wITH ¸y sURROgaTE.” SHE says NOTHINg. FINE. º REaD ON, REacHINg THE paRTs THaT say º cONsENT TO assIsTaNcE OR ObsERVaTION by ¸EDIcaL sTUDENTs. ¶URINg OUR cONVERsaTION º TOLD THE FELLOw THaT ¸y DOcTOR was fiNE wITH ¸y REqUEsT TO ExcLUDE sTUDENTs, aND THE FELLOw agREED THaT ¸aDE pERfEcT sENsE gIVEN ¸y TEacHINg ROLE. µOw º’¸ ¸ORE aNxIOUs, bUT wITH sUspENDED pEN º say, “SO º sHOULD cROss OUT THE cONsENT TO sTUDENTs, TOO . . .” aND sHE flINcHEs. “µO, NO. YOU caN’T cROss aNyTHINg ELsE OUT.” “WHy NOT?” “º’D jUsT HaTE fOR IT TO HOLD Up yOUR sURgERy. PEOpLE sEE sO¸ETHINg scRaTcHED OUT, THEN pEOpLE HaVE TO TaLk abOUT IT. . . .” “BUT cOULDN’T yOU jUsT TELL THE¸ IT’s aLRIgHT? º jUsT waNT THE fOR¸ TO ¸aTcH wHaT wE saID.” “WE caN’T guarantee NO sTUDENTs wILL cO¸E IN.” “°EN wE sHOULD TaLk abOUT THaT ¸ORE!” “ºT’s NOT THaT, THEy wON’T. . . . º’D jUsT HaTE fOR yOUR sURgERy TO gET HELD Up TO THE pOINT yOU HaD TO cO¸E back aNOTHER Day.” ºT’s sILENT fOR a ¸O¸ENT as º pROcEss ¸y OpTIONs. °EN sHE aDDs, “AT sO¸E pOINT yOU jUsT HaVE TO TRUsT Us, RIgHT?” SHE’s RIgHT: º sHOULDN’T agREE TO HaVE ¸y NakED bODy jackED OpEN wHILE º’¸ UNcONscIOUs UNLEss º TRUsT THE pEOpLE DOINg sO TO TakE caRE Of ¸E. AND
m r o F e h t f o y n n a r y T e h t g n i h c a e T
ºN OTHER INsTaNcEs, THE TwO acTs Of A¸ERIcaN ¸EDIcaL DEcIsION ¸akINg— DIscUssINg THE pROcEDURE wITH sO¸EONE wHO kNOws abOUT IT aND DOcU¸ENT-
¸EDIcaLLy, º DO. BUT º was askINg THE¸ TO caRE fOR ¸E pERsONaLLy wHEN º askED
216
THE¸ TO kEEp ¸y sTUDENTs fRO¸ sEEINg ¸E LIkE THaT, aND “aT sO¸E pOINT yOU jUsT HaVE TO TRUsT Us” fELT LIkE a THREaT, THE ELbOw THaT says º’D bE safER If º TRaDED
nostaW e i t a K
fOR¸aL pROTEcTION (THE fOR¸) fOR pERsONaL pROTEcTION (HER wORD, wHIcH sHE Has jUsT INDIcaTED caN’T bE “gUaRaNTEED”), wHIcH fRIgHTENs ¸E bEcaUsE NOw º REaLIzE º NEED HER TO want TO pROTEcT ¸E. “¹RUsT Us” fRa¸Es ¸y DEsIRE TO aLTER THE fOR¸ as aN OffENsIVE ExpREssION Of ¸IsTRUsT, aND sUDDENLy THE NEgOTIaTION Is pERsONaL: wHEN º’¸ UNcONscIOUs, Is sHE ¸ORE LIkELy TO baR sTUDENTs bEcaUsE THE fOR¸ says sO, OR bEcaUsE º DEfERRED TO HER NEED TO aVOID REspONsIbILITy fOR a fOR¸ kERfUfflE IN THE wORkpLacE? As BRODy ObsERVEs, “ºN THE HOspITaL, IT ¸ay, IRONIcaLLy, bE THE INTERNs wHO aRE gUILTy Of UsINg wHaT LITTLE pOwER THEy pOssEss agaINsT THE paTIENTs INsTEaD Of fOR THE¸. . . . [P]aTIENTs wHO DO aNyTHINg UNTOwaRD OR UNExpEcTED pREsENT a THREaT TO THE INTERN’s aLL-TOO-LI¸ITED pOwER TO cONTROL HIs ENVIRON¸ENT” (p. 68). º’¸ THE EpITO¸E Of THE E¸pOwERED paTIENT (a LawyER ON THE HOspITaL ETHIcs cO¸¸ITTEE bEINg TREaTED aT HER OwN INsTITUTION!), yET º fELT bULLIED INTO sIgNINg a fOR¸ THaT DIDN’T REflEcT OUR VERbaL agREE¸ENT IN THE HOpEs ¸y DEfERENcE TO HER papERwORk INspIREs HER TO pROTEcT ¸y DIgNITy wHEN º’¸ HELpLEss. BRODy Is cORREcT: “PaTIENTs qUIckLy pIck Up THE UsUaLLy UNspOkEN ¸EssagE THaT THEy wILL gET THE bEsT ‘caRE’ pREcIsELy TO THE ExTENT THaT THEy facILITaTE aND DO NOT I¸pEDE THE flOw Of THE wORkpLacE” (p. 68). My “YEaR Of MEDIcaL MaNagE¸ENT” OffERED ¸aNy EVENTs THaT DEEpENED ¸y UNDERsTaNDINg Of THE pRacTIcE Of INfOR¸ED DEcIsION ¸akINg, bUT THEsE TwO Exa¸pLEs TRaNsLaTE ¸OsT cLEaRLy TO THE cLassROO¸. ºN THIs s¸aLL aNEcDOTaL sa¸pLE THERE was NO THEORy-pRacTIcE gap—º was DELIgHTED THEsE INfOR¸ED DEcIsION-¸akINg cONVERsaTIONs acTUaLLy ¸ET THE TExTbOOk IDEaL º TEacH. ºT was THE DOcU¸ENTaTION Of THaT cONsENT THaT TURNED jUNIOR pHysIcIaNs INTO flU¸¸OxED fUNcTIONaRIEs. ±UR TEacHINg IsN’T INcORREcT; IT’s INcO¸pLETE. °E TExTbOOk wE UsE ONLy RE¸aRks THaT askINg HOUsE OfficERs TO ObTaIN cONsENT sIgNaTUREs “¸IgHT bE pRObLE¸aTIc” If THE paTIENT Has qUEsTIONs THE INExpERIENcED pHysIcIaN caN’T aNswER (²O, 2009). BUT NOw º bELIEVE THERE aRE OTHER ways IN wHIcH HOUsE OfficER aD¸INIsTRaTION Of fOR¸s caN UNDER¸INE cONsENT. ¶aD’s sURgIcaL REsIDENT was RIgHT THaT THE fOR¸ Is NOT a bINDINg cONTRacT, aND wRONg THaT IT’s NOT a LEgaL DOcU¸ENT—cONsENT fOR¸s aRE spEcIficaLLy cREaTED as EVIDENcE THaT wILL bE aD¸ITTED IN cOURT If ¸E¸ORIEs Of THaT cONVERsaTION DIVERgE. º NEVER waNT ONE Of ¸y sTUDENTs TO pREssURE a paTIENT TO sIgN aN INaccURaTE fOR¸, aND º waNT THE¸ TO UNDERsTaND THaT sayINg “IT DOEsN’T ¸aTTER wHaT THE fOR¸ says” Is DIsINgENUOUs—If ¶aD UNDERwENT aN INcORREcT sURgIcaL pROcEDURE HE sIgNED Off
ON, THE bURDEN Of pROOf wOULD bE ON HI¸ TO EsTabLIsH THE cONVERsaTION was DIffERENT. ºN ¸y casE, pERHaps THE FELLOw’s UNDERsTaNDINg THaT wHaT THE fOR¸
217
HaD pRO¸IsED VERbaLLy. º waNT ¸y sTUDENTs TO kEEp THE spOkEN aND pRINTED wORD IN syNcH, NEVER ExpEDIENTLy agREEINg TO sO¸ETHINg THEy caN’T REaLLy cO¸¸IT TO. AND ON aN INsTITUTIONaL LEVEL, º NEED TO cONTE¸pLaTE wHETHER º sHOULD bE TEacHINg abOUT wORkpLacE pREssURE ON yOUNg DOcTORs as aN IssUE Of ORgaNIzaTIONaL ETHIcs.
re½eren¾es BRODy, Á. 1992. °e Healer’s Power . µEw ÁaVEN, C¹: YaLE ·NIVERsITy PREss. KaUf¸aN, S. 2005. And a Time to Die: How American Hospitals Shape the End of Life . µEw YORk: ScRIbNER. ²O, B. 2009. Resolving Ethical Dilemmas: A Guide for Clinicians. 4TH ED. BaLTI¸ORE: ²IppINcOTT WILLIa¸s Í WILkINs.
m r o F e h t f o y n n a r y T e h t g n i h c a e T
says does ¸aTTER Is paRT Of wHy sHE DIDN’T waNT TO pRO¸IsE ON papER wHaT sHE
² ´eRR±fy±ng ´RuTh Rebecca Dresser
My faTHER DIED Of caNcER wHEN HE was 39 aND º was 12. µO ONE TOLD ¸E OR ¸y TwO yOUNgER bROTHERs THaT HE was DyINg. ÁE wENT TO THE HOspITaL IN ±cTObER aND DIED IN ¶EcE¸bER. WE saw HI¸ jUsT TwIcE DURINg THaT TI¸E, fOR THIs was aN ERa IN wHIcH VIsITINg cHILDREN wERE UNwELcO¸E IN HOspITaLs. ALTHOUgH NO ONE ExpLaINED wHaT was wRONg wITH ¸y faTHER, wE kNEw IT was sO¸ETHINg baD. My ¸OTHER was NEVER HO¸E aND wE spENT ¸aNy HOURs IN THE caRE Of aUNTs aND OTHER RELaTIVEs. ´VERy sO OſtEN, ONE Of Us wOULD wORk Up THE cOURagE TO ask wHEN OUR ¶aD was cO¸INg HO¸E. °E VagUE REpLIEs wE REcEIVED wERE ¸EaNT TO REassURE Us, bUT HaD NO sUcH EffEcT. º’LL NEVER fORgET THIs UNsETTLINg TI¸E. °E OLD wORLD º cOULD cOUNT ON HaD DIsappEaRED. °E aDULTs aROUND ¸E acTED as THOUgH EVERyTHINg was fiNE, bUT wHy was ¸y ¸OTHER cRyINg IN THE ¸IDDLE Of THE NIgHT, aND wHy wERE wE EaTINg cassEROLEs pREpaRED by OUR NEIgHbORs fOR DINNER? °E EVENINg wE LEaRNED THaT ¸y faTHER HaD DIED was HORRIbLE, bUT IT was a RELIEf TO kNOw THE TRUTH. º RE¸E¸bER THINkINg, Oh, so that’s why everyone’s been acting so
strangely . °Is Is THE way º LEaRNED THaT pEOpLE sHOULD TELL THE TRUTH abOUT sERIOUs ILLNEss. °Is Is THE way º LEaRNED THaT “sHIELDINg” pEOpLE fRO¸ baD NEws DOEs THE¸ NO sERVIcE. AND THIs Is THE way º bEca¸E INTEREsTED IN ¸EDIcaL ETHIcs. CaNcER was ¸y INTRODUcTION TO TRUTH-TELLINg IN ¸EDIcINE, bURDENsO¸E TREaT¸ENTs, aND END-Of-LIfE caRE. My cHILDHOOD NIgHT¸aRE bEgaN a LIfE-LONg fascINaTION wITH TOpIcs LIkE THEsE. YEaRs LaTER, jUsT bEfORE º sTaRTED Law scHOOL, THE KaREN QUINLaN casE was IN THE HEaDLINEs. º fOLLOwED THE casE cLOsELy aND ENROLLED IN EVERy cOURsE º cOULD THaT aDDREssED LEgaL aND ETHIcaL IssUEs IN
³EbEcca ¶REssER, “A ¹ERRIfyINg ¹RUTH,” fRO¸ Narrative Inquiry in Bioethics 3, NO. 1 (2013): 10–12. © 2013 by JOHNs ÁOpkINs ·NIVERsITy PREss. ³EpRINTED by pER¸IssION Of JOHNs ÁOpkINs ·NIVERsITy PREss.
¸EDIcINE. º kNEw THERE wEREN’T ¸aNy Law jObs IN THIs aREa, bUT VOwED TO LOOk fOR aNy OppORTUNITIEs THaT ¸IgHT bE OUT THERE.
219
aDVaNcE DIREcTIVEs, sURROgaTE DEcIsION ¸akINg, aND cLINIcaL TRIaLs. ALTHOUgH º aLways RE¸E¸bERED THE TI¸E Of ¸y faTHER’s ILLNEss, caNcER bEca¸E pRI¸aRILy a pROfEssIONaL RaTHER THaN a pERsONaL ¸aTTER. °EN, 42 yEaRs aſtER ¸y faTHER’s DEaTH, caNcER bEca¸E pERsONaL agaIN. AſtER ¸ONTHs Of DIsTURbINg sy¸pTO¸s aND DOcTOR VIsITs, º REcEIVED ¸y OwN caNcER DIagNOsIs. ²IkE aNyONE ELsE, º was sTUNNED TO LEaRN THaT º HaD caNcER. YET º DIDN’T cO¸pLETELy LOsE ¸y pROfEssIONaL OUTLOOk. WHEN º HEaRD ¸y DIagNOsIs, º THOUgHT, this doctor is breaking bad news . º HaD sTUDIED aND TaUgHT ¸EDIcaL sTUDENTs abOUT THIs pHysIcIaN REspONsIbILITy, aND NOw º was sEEINg IT IN acTION. °E REsT Of caNcER was LIkE THIs, TOO. º sTRUggLED THROUgH HaRsH cHE¸OTHERapy aND RaDIaTION TREaT¸ENT THE sa¸E way THaT OTHER paTIENTs DO. BUT wHEN º was abLE TO sTEp back fRO¸ THE DE¸aNDs Of TREaT¸ENT, º ¸aRVELED aT HOw ¸UcH º was LEaRNINg abOUT ¸y pROfEssIONaL fiELD. CaNcER was gIVINg ¸E a NEw UNDERsTaNDINg Of paTIENT aUTONO¸y, TREaT¸ENT DEcIsION ¸akINg, RELaTIONsHIps bETwEEN paTIENTs aND cLINIcIaNs, aND ¸aNy Of THE OTHER sUbjEcTs THaT wERE THE fOcUs Of ¸y acaDE¸Ic wORk. ALTHOUgH ¸y sEcOND caNcER ExpERIENcE pRODUcED ¸aNy Of THE sa¸E fEELINgs º HaD HaD DURINg THE fiRsT ONE—DIsORIENTaTION, fEaR, aND IsOLaTION— IT was aLsO VERy DIffERENT. º kNEw ¸UcH ¸ORE abOUT THE wORLD Of ILLNEss aND ¸EDIcaL caRE THaN º DID aT THaT EaRLIER TI¸E. YET HaVINg caNcER ¸ysELf ¸aDE ¸E REaLIzE HOw ¸UcH was ¸IssINg fRO¸ ¸y pROfEssIONaL UNDERsTaNDINg Of THaT wORLD. º VOwED TO ¸akE UsE Of ¸y NEw kNOwLEDgE, bUT DIDN’T THINk º cOULD DO IT aLONE. SO wHEN º wENT back TO wORk, º gOT IN TOUcH wITH sO¸E ¸EDIcaL ETHIcs cOLLEagUEs wHO HaD bEEN THROUgH THEIR OwN caNcER ORDEaLs. WE ¸ET TO TaLk abOUT OUR pERsONaL ExpERIENcEs aND EVENTUaLLy pRODUcED a bOOk caLLED Malignant: Medical Ethicists Confront Cancer . BUT THE bOOk cOULDN’T cOVER EVERyTHINg wE LEaRNED, aND ONE THINg IT O¸ITs Is wHaT caNcER TaUgHT ¸E abOUT TRUTH-TELLINg aND sERIOUs ILLNEss. As a 12-yEaR-OLD, º LEaRNED HOw fRIgHTENINg IT Is wHEN pEOpLE DON’T TELL yOU THE TRUTH; as a paTIENT, º LEaRNED HOw fRIgHTENINg IT Is wHEN THEy DO. KNOwINg abOUT a LIfE-THREaTENINg DIagNOsIs ¸ay bE bETTER THaN NOT kNOwINg, bUT IT Is TERRIbLE kNOwLEDgE. WITH IT cO¸E I¸pOssIbLE TREaT¸ENT
hturT gniyfirreT A
°ROUgH a cO¸bINaTION Of pERsIsTENcE aND gOOD LUck, º fOUND a pOsITION IN a ¸EDIcaL scHOOL’s ETHIcs cENTER. º bEgaN TEacHINg aND wRITINg abOUT THINgs LIkE
cHOIcEs—fOR ¸E, THE cHOIcE bETwEEN sURgERy (pOssIbLy ¸ORE EffEcTIVE, bUT
220
¸ORE LIkELy TO LEaVE ¸E UNabLE TO spEak aND swaLLOw) aND cHE¸OTHERapy (pOssIbLy LEss EffEcTIVE, bUT ¸ORE LIkELy TO pREsERVE spEEcH aND swaLLOw-
resserD accebeR
INg). º HaD NO IDEa HOw TO REcONcILE ¸y DEsIREs TO LIVE aND TO pROTEcT wHaT sEE¸ED TO ¸E EssENTIaL pHysIcaL fUNcTIONs. º NEEDED ¸y DOcTORs’ gUIDaNcE TO REspOND TO THE TRUTH Of ¸y sITUaTION. AND ONcE º ¸aDE THE DEcIsION TO HaVE cHE¸OTHERapy, º EVaDED THE TRUTH. °E TRUTH was THaT TREaT¸ENT ¸IgHT bE INEffEcTIVE, bUT º DIDN’T waNT DOcTORs, NURsEs, OR aNyONE ELsE RE¸INDINg ¸E Of THaT. º DON’T THINk º cOULD HaVE ENDURED THE paIN, NaUsEa, VO¸ITINg, aND OTHER sIDE EffEcTs wITHOUT sO¸E pROTEcTION fRO¸ REaLITy aT THaT TI¸E. ´VEN NOw, as º appROacH ¸y aNNUaL fOLLOw-Up Exa¸INaTION, º DON’T waNT TO facE THE TRUTH THaT ¸y caNcER cOULD RETURN. ºNDEED, sINcE ¸y DIagNOsIs, º HaVE NEVER askED DOcTORs TO gIVE ¸E a spEcIfic EsTI¸aTE Of ¸y sURVIVaL ODDs. ¹RUTH-TELLINg IN ¸EDIcINE Is NEcEssaRy, bUT cOpINg wITH THE TRUTH Is ¸ORE DIfficULT THaN º EVER I¸agINED. º caN sEE wHy ¸y ¸OTHER DIDN’T waNT TO TELL HER yOUNg cHILDREN THaT THEIR faTHER was DyINg. ÁER EffORT TO pROTEcT Us was UNsUccEssfUL, bUT º NOw UNDERsTaND THE HEaVy bURDENs THaT TRUTH I¸pOsEs. BEfORE HaVINg caNcER, º DIDN’T REaLIzE HOw ¸UcH HELp paTIENTs aND fa¸ILIEs NEED as THEy DEaL wITH THE TRUTH. My ¸OTHER NEEDED cLINIcIaNs wHO cOULD TaLk wITH HER abOUT bREakINg THE baD NEws TO HER cHILDREN. º NEEDED cLINIcIaNs wHO cOULD HELp ¸E cHOOsE a TREaT¸ENT aND THEN LET ¸E pUT asIDE THE TRUTH sO THaT º cOULD cONcENTRaTE ON gETTINg THROUgH THE ¸ONTHs Of DEbILITaTINg cHE¸OTHERapy aND RaDIaTION. ¹RUTH-TELLINg Is THE LEasT-wORsT acTION wHEN sERIOUs ILLNEss OccURs. BUT TRUTH-TELLINg Is DEsTRUcTIVE, TOO. ºT INflIcTs a NEw aND TERRIfyINg REaLITy ON paTIENTs aND THE pEOpLE wHO LOVE THE¸. BEsIDEs TELLINg paTIENTs THE TRUTH, DOcTORs aND NURsEs ¸UsT acT TO DI¸INIsH TRUTH’s DEsTRUcTIVE EffEcTs. SO¸ETI¸Es THIs ¸EaNs TaLkINg wITH paTIENTs abOUT HOw THEy wILL cONVEy THE TRUTH TO THEIR fa¸ILIEs aND fRIENDs. SO¸ETI¸Es THIs ¸EaNs REcO¸¸ENDINg a TREaT¸ENT TO a paTIENT OVERwHEL¸ED by THE TRUTH. SO¸ETI¸Es THIs ¸EaNs DOwNpLayINg THE TRUTH THaT a bURDENsO¸E TREaT¸ENT cOULD faIL. PERsONaL ExpERIENcE TaUgHT ¸E HOw cO¸pLEx aND DELIcaTE TRUTH-TELLINg IN ¸EDIcINE caN bE. FOR ¸E, caNcER bEgaN as a pERsONaL cRIsIs. °EN caNcER bEca¸E a pROfEssIONaL INTEREsT. AND THEN, ONcE agaIN, caNcER bEca¸E pERsONaL. µOw, wITH ¸y cOLLEagUEs, º a¸ TRyINg TO bRINg THE pERsONaL aND pROfEssIONaL TOgETHER. º DO THIs wITH sO¸E TREpIDaTION—º’¸ NOT sURE HOw TO bRIDgE THE gap bETwEEN
THE TwO kINDs Of UNDERsTaNDINg. BUT º a¸ sURE Of ONE THINg. °E VOIcEs Of THE caNcER paTIENT’s yOUNg DaUgHTER, aND THE caNcER paTIENT sHE LaTER bEca¸E,
221
re½eren¾es ¶REssER, ³., ED. 2012. Malignant: Medical Ethicists Confront Cancer. µEw YORk: ±xfORD ·NIVERsITy PREss.
hturT gniyfirreT A
bELONg IN THE ¸EDIcaL ETHIcs cONVERsaTION.
´he L±e Lawrence D. Grouse
ANNIE Is fRO¸ µEw Áa¸psHIRE aND ca¸E HERE TO THE fOOTHILLs Of THE BLUE ³IDgE MOUNTaINs fOR THE HORsE sHOw. °E NURsEs aND º caRRy HER fRO¸ THE caR INTO THE E¸ERgENcy ROO¸ aND gENTLy pLacE HER ON THE gURNEy. SHE was kIckED IN THE abDO¸EN by HER HORsE aND Lay IN a fiELD fOR OVER aN HOUR UNTIL fRIENDs fOUND HER aND bROUgHT HER TO THE HOspITaL. ´VEN THOUgH º a¸ wORkINg IN THE E¸ERgENcy ROO¸ Of a s¸aLL HOspITaL, º a¸ cONfiDENT. °E NURsEs kNOw THEIR jObs. FacED wITH a sERIOUs sURgIcaL pRObLE¸, wE wORk wELL TOgETHER. WITHIN a fEw ¸INUTEs wE HaVE INsERTED TwO ivs, ONE IN a fOREaR¸ VEIN, aNOTHER IN THE ExTERNaL jUgULaR; HER bLOOD pREssURE, HOwEVER, RE¸aINs ¸aRgINaL. °E flUID fRO¸ THE abDO¸INaL Tap Is gROssLy bLOODy, aND sO Is HER URINE. ANNIE RE¸aINs caL¸. ÁER sERIOUs EyEs aRE pIERcINg; º HOLD HER HaND TO REassURE HER, bUT aLsO TakE HER pULsE. SHE Is bLEEDINg VERy RapIDLy INTO HER abDO¸EN. µOTHINg º DO sEE¸s TO HELp, aND º a¸ scaRED. SHE Is IN sHOck, yET sHE cONVERsEs pOLITELy aND INqUIREs abOUT HER cONDITION. “°aNk yOU fOR HELpINg ¸E,” sHE says. “³EaLLy, IT wasN’T THE HORsE’s faULT!” “WE’RE NOT wORRIED abOUT THE HORsE, ANNIE,” º say. “°E HORsE Is fiNE.” “ºs IT a sERIOUs INjURy?” SHE paUsEs. “WILL º LIVE?” “´VERyTHINg wILL wORk OUT, ANNIE,” º TELL HER. “ºT ¸ay bE a LITTLE ROUgH fOR a bIT, bUT IT wILL wORk OUT.” “ARE yOU sURE?” sHE asks, gazINg sTEaDILy aT ¸E. “PLEasE, TELL ¸E HONEsTLy.” º DON’T aNswER fOR a ¸O¸ENT. º LOOk aT HER. º a¸ aLREaDy fOND Of HER aND º DO NOT waNT TO LIE. º sqUEEzE HER HaND aND s¸ILE. º a¸ UNsURE HOw sHE wILL DO, bUT º say, “YEs, º’¸ sURE.” AſtER a THIRD iv Is IN pLacE, HER bLOOD pREssURE sTabILIzEs. °E gENERaL sURgEON aND THE UROLOgIsT aRRIVE aND pLaN THEIR E¸ERgENcy wORkUp aND ExpLORaTORy sURgERy. º bREaTHE a sIgH Of RELIEf as THEy TakE cHaRgE Of HER caRE.
²awRENcE ¶. GROUsE, “°E ²IE,” fRO¸ Archives of Internal Medicine 157 (1997): 2153. © 1997 by A¸ERIcaN MEDIcaL AssOcIaTION. ³EpRODUcED by pER¸IssION Of A¸ERIcaN MEDIcaL AssOcIaTION. ALL RIgHTs REsERVED.
SUDDENLy, wE fiND THaT THE DOOR TO THE sURgIcaL sUITE IN THE E¸ERgENcy ROO¸ Has bEEN INaDVERTENTLy LOckED aND THE HEaD NURsE’s kEy wON’T OpEN IT. ANNIE
223
kNOb sHakINg. °E pITcH Of pEOpLE’s VOIcEs sTaRTs TO RIsE. º bREak INTO a swEaT. °E HEaD NURsE yELLs ORDERs INTO THE TELEpHONE aND aL¸OsT I¸¸EDIaTELy THREE bURLy ¸aINTENaNcE ¸EN wITH cROwbaRs appEaR. “GET RID Of THaT DOOR! µOw!” THE HEaD NURsE bELLOws. °E DOOR Is spLINTERED IN 20 sEcONDs. ANNIE Is LaUgHINg, TELLs Us NOT TO wORRy, TELLs Us THaT sHE Is fiNE. SHE THINks IT Is THE fUNNIEsT scENE EVER. AT sURgERy, wE fiND THaT ANNIE Has a sEVERELy LacERaTED LIVER aND a RUpTURED kIDNEy. °E LIVER Is REpaIRED; THE kIDNEy Is RE¸OVED, bUT wHEN º wakE Up THE NExT ¸ORNINg aND LOOk IN ON ANNIE, DIssE¸INaTED INTRaVascULaR cOagULaTION Has DEVELOpED aND sHE Is REcEIVINg HEpaRIN. FOUR NURsEs aND TwO pHysIcIaNs HaVE aLREaDy gIVEN bLOOD fOR HER. °E INTENsIVE caRE UNIT HOsTs a sTEaDy sTREa¸ Of sTaff wHO HaVE HELpED ANNIE aND wHO cO¸E by wITH a fEw ENcOURagINg wORDs. ÁER paRENTs HaVE aRRIVED. ANNIE’s faTHER Is a cOLLEgE pROfEssOR: a TaLL, aNgULaR ¸aN, fEELINg fRIgHTENED aND OUT Of pLacE. ANNIE’s ¸OTHER Is a s¸aLL wO¸aN wITH DELIcaTE fEaTUREs. °E sURgEON’s wIfE accO¸paNIEs THE¸. By THE fOLLOwINg Day, wHEN º LEaVE THE HOspITaL aſtER ¸y wEEkEND sHIſt, sEVERaL Of THE sTaff, INcLUDINg THE HEaD NURsE, HaVE EacH gIVEN TwO UNITs Of bLOOD fOR ANNIE. ¹wO wEEks LaTER—DURINg ¸y NExT sHIſt—º a¸ wayLaID aND HUggED by a Happy aND a¸bULaTORy ANNIE. “´VERyONE HERE Has bEEN sO gOOD TO ¸E,” ANNIE bEa¸s. As wE sIT OVER a cUp Of cOffEE, HER paRENTs TI¸IDLy INqUIRE wHETHER ANNIE ¸IgHT HaVE bEEN cLOsE TO DEaTH ON HER aRRIVaL aT THE HOspITaL. º caN’T HELp bRaggINg abOUT TREaTINg ANNIE IN THE E¸ERgENcy ROO¸. As º LaUNcH INTO THE sTORy, º fiND THaT ANNIE RE¸E¸bERs IT aLL, aND sHE cHI¸Es IN wITH aN ExacT RENDITION Of OUR ENTIRE cONVERsaTION ON THE Day Of THE accIDENT. º a¸ a¸azED! SHE was IN sHOck, aND sTILL sHE RE¸E¸bERs EVERy wORD º saID. º fiNIsH ¸y sTORy wITH a flOURIsH. “WHEN º fOUND THaT yOU HaD abDO¸INaL bLEEDINg aND º sTILL cOULDN’T bRINg Up yOUR bLOOD pREssURE wITH TwO ivs, º HaVE TO aD¸IT THaT º THOUgHT yOU wERE a gONER.” ANNIE sEE¸s sHOckED TO HEaR THIs. SHE LOOks aT ¸E aNgRILy aND says, “¶ON’T yOU RE¸E¸bER? YOU saID yOU wERE sURE º wOULD LIVE. º RE¸E¸bERED THaT pRO¸IsE aLL THE TI¸E! º pUT a gREaT DEaL Of wEIgHT ON wHaT yOU saID, aND yOU. . . .” SUDDENLy, fOR THE fiRsT TI¸E sINcE THE accIDENT, aND TO EVERyONE’s sURpRIsE, TEaRs aRE IN HER EyEs aND sHE Is wEEpINg; sHE Is INcONsOLabLE bEcaUsE º LIED TO HER.
eiL ehT
aND a NURsE aRE LOckED INsIDE. °ERE Is a gREaT DEaL Of kEy RaTTLINg aND DOOR-
D±schARge Dec±s±ons And The D±gn±Ty of ¶±sk Debjani Mukherjee
MRs. S¸ITH’s EyEs fiLLED wITH TEaRs as sHE saID, “º fEEL LIkE º’VE DONE sO¸ETHINg wRONg. ARE THEy pUNIsHINg ¸E bEcaUsE º’VE bEEN REfUsINg THERapy aND wON’T gO TO a NURsINg HO¸E?” SHE ackNOwLEDgED THaT sHE HaDN’T aLways LIsTENED TO HER DOcTORs bUT saID THaT sHE kNEw bETTER NOw aND waNTED TO gO HO¸E aND sEE If sHE cOULD ¸akE IT wORk. MaNy sTaff ¸E¸bERs aT OUR REHabILITaTION HOspITaL HaD ExpLaINED THEIR safETy cONcERNs TO HER, aND sO¸E HaD ENLIsTED HER aDULT DaUgHTER, wITH wHO¸ sHE LIVED, TO cONVINcE HER TOO. °E REHabILITaTION TEa¸ HaD caLLED ON THE ETHIcs cONsULTaTION sERVIcE, Of wHIcH º a¸ a paRT, TO HELp figURE OUT wHETHER MRs. S¸ITH HaD THE capacITy TO ¸akE aN INfOR¸ED REfUsaL Of DIscHaRgE REcO¸¸ENDaTIONs. MRs. S¸ITH, wHO was IN HER fORTIEs, HaD HaD sEVERaL sTROkEs aND HaD acUTE RENaL faILURE, DIabETEs, aND LEſt-sIDED wEakNEss aND ObEsITy. ÁER pasT REfUsaL TO TakE HER aNTIHypERTENsIVE ¸EDIcaTION was a cONTRIbUTINg facTOR IN HER ¸OsT REcENT sTROkE. SHE NEEDED HE¸ODIaLysIs THREE TI¸Es a wEEk, cOULD NOT safELy TRaNsfER fRO¸ HER wHEELcHaIR wITHOUT THE HELp Of TwO TO THREE pEOpLE, aND LIVED IN a waLk-Up apaRT¸ENT. ´VERy sINgLE ¸E¸bER Of OUR ¸ULTIDIscIpLINaRy REHabILITaTION TEa¸ agREED THaT THE ONLy safE DIscHaRgE was TO a skILLED NURsINg facILITy. BUT MRs. S¸ITH DIsagREED. As a LIcENsED cLINIcaL psycHOLOgIsT wHOsE pRacTIcE Is INfOR¸ED by cLINIcaL psycHOLOgy, bIOETHIcs, aND DIsabILITy sTUDIEs, º fREqUENTLy fiND ¸ysELf ¸EDIaTINg bETwEEN THE HEaLTH caRE TEa¸ aND THE paTIENT DURINg cLINIcaL ETHIcs cONsULTs. °E TER¸ “DIgNITy Of RIsk” OſtEN RINgs IN ¸y EaRs as º TRy TO TEasE apaRT THE cO¸pLExITIEs Of casEs LIkE MRs. S¸ITH’s. ³ObERT PERskE cOINED THE TER¸ wHEN HE ObsERVED pEOpLE wITH ¸ENTaL RETaRDaTION IN ScaNDINaVIa aND THE INNOVaTIVE pROgRa¸s THERE THaT HE cONTRasTED wITH pROgRa¸s IN THE ·NITED
¶EbjaNI MUkHERjEE, “¶IscHaRgE ¶EcIsIONs aND THE ¶IgNITy Of ³Isk,” fRO¸ Hastings Center Report 45, NO. 3 (2015): 7–8. ³EpRINTED by pER¸IssION Of JOHN WILEy aND SONs.
STaTEs. Ã “±VERpROTEcTION,” HE wROTE, “ENDaNgERs THE RETaRDED [sic .] pERsON’s HU¸aN DIgNITy aND TENDs TO kEEp HI¸ fRO¸ ExpERIENcINg THE NOR¸aL TakINg
225
¸ENT” (p. 24). “¶IgNITy Of RIsk” Has bEEN UsED by pEOpLE wORkINg wITH INDIVIDUaLs wITH DEVELOp¸ENTaL, pHysIcaL, aND psycHIaTRIc DIsabILITIEs aND Is UsED EspEcIaLLy a¸ONg THE DIsabILITy RIgHTs cO¸¸UNITy. °E cONcEpT IT REpREsENTs INVOLVEs REspEcT fOR pERsONs, sELf-DETER¸INaTION, aND aTTE¸pTs TO ¸INI¸IzE paTERNaLIs¸ OR paRENTaLIs¸. ºf yOU cO¸bINE cO¸¸ON DIcTIONaRy DEfiNITIONs Of “DIgNITy” aND “RIsk” (LIkE THE ONEs bELOw fRO¸ Merriam-Webster), THEy HELp yOU TO UNDERsTaND THE TER¸ as cONVEyINg THaT INDIVIDUaLs aRE “wORTHy Of HONOR aND REspEcT” EVEN wHEN THEy ¸akE DEcIsIONs THaT ¸ay INcREasE “THE pOssIbILITy THaT sO¸ETHINg baD OR UNpLEasaNT . . . wILL HappEN.” °Is cONcEpT was VERy ¸UcH ON ¸y ¸IND DURINg THE ETHIcs cONsULT. º HaD NEVER ¸ET MRs. S¸ITH bEfORE. WHaT was RIsky IN HER cONTExT? FOR INsTaNcE, DID sHE cONsIDER NOT TakINg HER aNTIHypERTENsIVE ¸EDIcaTION a RIsky bEHaVIOR? °E cONcEpT Of RIsk ITsELf Is ONE THaT REqUIREs cONTExTUaLIzaTION, assEss¸ENT, aND jUDg¸ENT aND caN bE ObjEcTIVE OR sUbjEcTIVE. ÁEaLTH caRE pROVIDERs aRE OſtEN acUTELy awaRE Of ¸EDIcaL RIsks aND HaVE ONLy a s¸aLL cLINIcaL wINDOw INTO THE cO¸pLExITIEs Of a paTIENT’s LIfE. WHaT ObjEcTIVE RIsks wOULD MRs. S¸ITH OpEN HERsELf Up TO If sHE wENT HO¸E? ÁER apaRT¸ENT was INaccEssIbLE, sHE NEEDED assIsTaNcE TO gO Up sTaIRs, aND sHE HaD TO LEaVE aND ENTER HER HO¸E aT LEasT THREE TI¸Es a wEEk fOR DIaLysIs. BUT “NaTURaL HELpINg sysTE¸s” sUcH as fa¸ILy ¸E¸bERs OR NEIgHbORs OſtEN ENabLE pEOpLE TO LIVE aT HO¸E. AND HOw DO THE RIsks Of gOINg HO¸E cO¸paRE TO THE RIsks Of INsTITUTIONaLIzaTION? SO¸E INsTITUTIONs Lack IN sERVIcEs, a¸ENITIEs, OR ¸OsT I¸pORTaNTLy, fREEDO¸. WHaT abOUT THE sOcIaL RIsk Of IsOLaTION OR THE E¸OTIONaL RIsk Of DEpREssION DUE TO a Lack Of agENcy? ±NE paTIENT TOLD ¸E THaT HE wOULD RaTHER “gO TO a ¸ORgUE” THaN TO a NURsINg HO¸E. ºN aNOTHER casE, a sURROgaTE ExcLaI¸ED, “YOU HaVE yOUR ETHIcs, aND º HaVE ¸y ETHIcs,” aND HER ETHIcs wOULD NOT LET HER “sEND a DOg” TO THE NURsINg HO¸E THaT sHE HaD VIsITED fOR HER DaUgHTER. °E RIsks aRE THE paTIENT’s aND THE fa¸ILy’s TO cONTExTUaLIzE aND assU¸E. °E cULTURE IN REHabILITaTION Is gENERaLLy a “caN DO” ONE: paTIENTs aRE ENcOURagED TO pUsH THE¸sELVEs TO THEIR LI¸ITs, ¸EET gOaLs, aND fOcUs ON wHaT THEy caN accO¸pLIsH. BUT THE pOINT Of DIscHaRgE ¸aRks a cULTURE sHIſt Of sORTs. °E LIsTs Of IssUEs DELINEaTED by OUR ¸ULTIDIscIpLINaRy TEa¸—fRO¸ pHysIcaL, OccUpaTIONaL, aND spEEcH-LaNgUagE THERapIEs aND psycHOLOgy, NURsINg, aND ¸EDIcINE—aRE OſtEN DaUNTINg, aND REcO¸¸ENDaTIONs aRE fRa¸ED aROUND “DEficITs.” FOR Exa¸pLE, wE OſtEN REcO¸¸END THaT paTIENTs HaVE 24/7 sUpERVIsION bEcaUsE THEy aRE aT HIgH RIsk fOR faLLs OR fOR aspIRaTINg. ÁOw THaT RIsk
k s i R f o y t i n g i D e h T
Of RIsks IN LIfE wHIcH Is NEcEssaRy fOR NOR¸aL HU¸aN gROwTH aND DEVELOp-
Is DEfiNED—pERcENTagE Of LIkELIHOOD, pOTENTIaL HaR¸s, RIsk TO sELf OR OTHERs—
226
OſtEN VaRIEs. WE DIscHaRgE pEOpLE wITH LIsTs Of ¸EDIcaTIONs, fOLLOw-Up appOINT¸ENTs, aND INsTRUcTIONs THaT sHOULD cONTINUE TO ¸axI¸IzE THE gaINs THEy
eejrehkuM inajbeD
HaVE ¸aDE IN REHabILITaTION. AND a paTIENT OR HIs OR HER sURROgaTE Has a RIgHT TO ¸akE aN INfOR¸ED REfUsaL Of ¸EDIcaL REcO¸¸ENDaTIONs, INcLUDINg THE LEVEL Of sUpERVIsION fOLLOwINg DIscHaRgE. MOREOVER, THE E¸pIRIcaL DaTa THaT sUppORT sO¸E REcO¸¸ENDaTIONs (sUcH as ¸EDIcaTIONs) aRE ¸UcH ¸ORE RObUsT THaN DaTa THaT sUppORT OTHERs (sUcH as 24/7 sUpERVIsION). SO¸E paTIENTs faIL aT HO¸E aND END Up REINjURED OR REHOspITaLIzED, wHEREas OTHERs DO wELL wITH LEss sUpERVIsION THaN REcO¸¸ENDED. MRs. S¸ITH was REfUsINg REcO¸¸ENDaTIONs fOR DIscHaRgE, wHIcH Is NOT UNcO¸¸ON. ±UR HOspITaL Has a RELaTIVELy NEw INfOR¸ED REfUsaL pOLIcy THaT THE ETHIcs TEa¸ DEVELOpED wITH INpUT fRO¸ a ¸ULTIDIscIpLINaRy gROUp Of sTaff ¸E¸bERs. WE ask If THE REfUsaL IN qUEsTION Is a LOw-, ¸ODERaTE-, OR HIgH-RIsk ONE. ¶OEs THE paTIENT HaVE capacITy TO ¸akE THIs paRTIcULaR DEcIsION? ºs THE paTIENT UNDER DUREss OR bEINg cOERcED? ºf THE paTIENT Lacks capacITy, DOEs THE sURROgaTE HaVE THE LEgaL RIgHT TO REfUsE? ºf IT Is DETER¸INED THaT THE paTIENT Has capacITy TO ¸akE THIs DEcIsION aND UNDERsTaNDs THE RIsks aND bENEfiTs, THEN THE REfUsaL Is DOcU¸ENTED. ºN sO¸E casEs, THE LEgaL DEpaRT¸ENT gETs INVOLVED aND DRaſts a DOcU¸ENT fOR THE paTIENT OR sURROgaTE TO sIgN. ³EHabILITaTION TEa¸s aRE UsUaLLy VERy gOOD aT TakINg a paTIENT’s cONTExT INTO accOUNT. °Ey TRaIN wILLINg fa¸ILy ¸E¸bERs TO pROVIDE caRE If fULL-TI¸E paID HO¸E HEaLTH caRE Is UNaffORDabLE, aND THEy wORk HaRD TO figURE OUT a safE sUppORT sysTE¸ THaT wILL aLLOw sO¸EONE TO gO HO¸E RaTHER THaN TO a facILITy. BUT sO¸E casEs, LIkE MRs. S¸ITH’s, INVOLVE VERy sERIOUs safETy cONcERNs. ºN THEsE sITUaTIONs, REspEcTINg THE paTIENT’s DIgNITy Of RIsk gETs TRIckIER, aND sTaff ¸E¸bERs, INcLUDINg ETHIcs cONsULTaNTs, bEcO¸E ¸ORE cONcERNED. MRs. S¸ITH was aDa¸aNT IN HER REfUsaL Of DIscHaRgE TO a NURsINg HO¸E. SHE fELT as THOUgH sHE was bEINg UNfaIRLy TEsTED. AND sITTINg IN HER ROO¸ LIsTENINg TO HER sTORy, º cOULD sEE wHy. SHE saID THaT sHE DIDN’T kNOw wHEN sHE was aD¸ITTED THaT sHE’D HaVE TO pROVE HERsELf TO bE abLE TO gO HO¸E. SHE assURED Us THaT wITH HER fa¸ILy, fRIENDs, aND a paRT-TI¸E caREgIVER, sHE wOULD bE fiNE. SHE saID THaT sHE kNEw sHE cOULD DIE If sHE ¸IssED DIaLysIs appOINT¸ENTs OR HaD a sERIOUs faLL, bUT sHE HaD NEVER ¸IssED a DIaLysIs appOINT¸ENT bEfORE. SHE saID THaT THIs TI¸E sHE wOULD fOLLOw HER DOcTORs’ REcO¸¸ENDaTIONs abOUT ¸EDIcaTIONs. AſtER THE cONsULT, wE, THE ETHIcs cONsULTaTION sERVIcE, cONfERRED wITH THE paTIENT’s TREaTINg psycHOLOgIsT aND spEEcH paTHOLOgIsT. °Ey agREED wITH OUR assEss¸ENT THaT MRs. S¸ITH’s cOgNITIVE I¸paIR¸ENTs fRO¸ HER sTROkE wERE
NOT INTERfERINg wITH HER pRObLE¸-sOLVINg abILITy, aLTHOUgH sHE was “INflExIbLE” IN HER DEcIsION.
227
DRaſt a DOcU¸ENT spEcIfyINg THE RIsks Of REfUsaL. ´THIcs REcO¸¸ENDED THaT THE TEa¸ HaVE a backUp pLaN IN pLacE aND, wITH MRs. S¸ITH’s pER¸IssION, HaVE a skILLED NURsINg facILITy REaDy TO accEpT HER If sHE NEEDED aD¸IssION. °E DIscHaRgE pLaN aLsO INcLUDED ¸ORE INTENsE fOLLOw-Up. ºN sO¸E sETTINgs, MRs. S¸ITH’s sTROkE DIagNOsIs wOULD HaVE bEEN assU¸ED TO ¸EaN THaT sHE LackED capacITy, aND HER DaUgHTER, wHO ExpREssED sERIOUs DOUbTs abOUT HER ¸OTHER’s pLaN TO RETURN HO¸E, wOULD HaVE ¸aDE THE DIscHaRgE DEcIsION. ºN OTHER sETTINgs, MRs. S¸ITH’s REfUsaL ITsELf wOULD HaVE bEEN pROOf Of HER INcapacITy. WE HONORED MRs. S¸ITH’s DEcIsION aND REcOgNIzED THE DIgNITy Of RIsk, aLTHOUgH aLL Of THE ¸E¸bERs Of THE HEaLTH caRE TEa¸ fELT UNcO¸fORTabLE aND wORRIED abOUT HER cHOIcE. WHEN sHE was back IN HER HO¸E ENVIRON¸ENT, MRs. S¸ITH ENDED Up sHaRINg OUR cONcERNs. WITHIN TwENTy-fOUR HOURs, sHE DEcIDED THaT IT wasN’T safE aND cHOsE TO gO TO THE skILLED NURsINg facILITy. WE DIDN’T INITIaLLy THINk Of OUR REcO¸¸ENDaTION as a TI¸E-LI¸ITED TRIaL Of DIscHaRgE TO HO¸E, bUT, as wE HaD THE backUp pLaN IN pLacE, IT EssENTIaLLy was. Was THIs a sITUaTION wHERE wE faILED TO cONVINcE a paTIENT Of safETy cONcERNs OR ONE IN wHIcH wE sUccEssfULLy REspEcTED HER aUTONO¸y aND aLLOwED HER THE DIgNITy TO faIL? ÁONORINg INfOR¸ED REfUsaL Of DIscHaRgE REcO¸¸ENDaTIONs Is NOT Easy, EspEcIaLLy wHEN HEaLTH caRE pROVIDERs aND fa¸ILy aRE IN agREE¸ENT. °E ÁOspITaL ³EaD¸IssIONs ³EDUcTION PROgRa¸, wHIcH was EsTabLIsHED by THE AffORDabLE CaRE AcT, fOcUsEs ON REaD¸IssION RaTEs DURINg THE fiRsT THIRTy Days aſtER DIscHaRgE, aND HOspITaLs ¸ay, IN EffEcT, bE pENaLIzED If THEy REspEcT paTIENTs’ DIgNITy Of RIsk aND THE paTIENTs aRE sUbsEqUENTLy REaD¸ITTED. ANOTHER cRITIcaL ETHIcaL IssUE Is THE Lack Of DIscHaRgE OpTIONs. º HaD NO REspONsE TO THE RELaTIVE wHO saID, “º wOULDN’T sEND a DOg TO THaT facILITy,” aLTHOUgH IT was ONE Of THE fEw facILITIEs THaT THE paTIENT IN THaT casE was ELIgIbLE fOR ON pUbLIc aID. FUNDINg fOR paID caREgIVERs IN THE HO¸E wOULD aLLEVIaTE sO¸E Of THEsE DIfficULT DIscHaRgE DEcIsIONs, aLTHOUgH IN MRs. S¸ITH’s casE, sHE aLsO NEEDED aN accEssIbLE apaRT¸ENT. GIVEN OUR cURRENT HEaLTH caRE aND sOcIaL sERVIcE sysTE¸s, wE aRE LEſt baLaNcINg paTIENT pREfERENcEs, safETy, qUaLITy Of LIfE, aND sO¸ETI¸Es, LOUsy OpTIONs fOR DIscHaRgE. AND wE HaVE TO REspEcT OUR paTIENTs aND THEIR cHOIcEs, EVEN If THEy cHaNgE THEIR ¸INDs LaTER. PaTIENTs HaVE ¸aDE a sERIEs Of cHOIcEs bEfORE THEy ENTER a REHabILITaTION (OR aNy) HOspITaL, aND aT THE pOINT Of DIscHaRgE, HEaLTH caRE pROVIDERs, aR¸ED
k s i R f o y t i n g i D e h T
ÁER aTTENDINg pHysIcIaN was cONcERNED THaT sHE wOULD bE UNabLE TO ¸akE IT TO DIaLysIs THREE TI¸Es a wEEk, aND HE askED fOR THE LEgaL DEpaRT¸ENT TO
wITH a LOT Of ¸EDIcaL facTs, caN EasILy fOcUs ON wHaT wE kNOw bEsT, RaTHER
228
THaN ON wHaT THE paTIENT kNOws aND waNTs. °E DIgNITy Of RIsk Is a cONcEpT THaT wE ¸UsT kEEp IN THE fOREfRONT Of OUR pRacTIcE; THE RIsks, aſtER aLL, aRE OUR
eejrehkuM inajbeD
paTIENTs’ TO TakE.
note 1 ³. PERskE, “°E ¶IgNITy Of ³Isk aND THE MENTaLLy ³ETaRDED,” Mental Retardation 10, NO. 1 (1972): 24–27.
No One Needs To Know Neil S. Calman
My INDOcTRINaTION INTO THE UNDERwORLD Of ¸EDIcaL sEcREcy bEgaN 25 yEaRs agO DURINg ¸y fiRsT cLINIcaL ROTaTION IN ¸y THIRD yEaR Of ¸EDIcaL scHOOL. °E LEssONs LEaRNED wERE NOT a fOR¸aL paRT Of ¸y ¸EDIcaL scHOOL cURRIcULU¸ bUT aRE as INDELIbLy ETcHED INTO ¸y bRaIN as aRE THE Na¸Es Of THE bODy paRTs º sTUDIED IN aNaTO¸y. °E VOyagE bEgaN wITH THE caRE Of a paTIENT º wILL caLL CHaRLEs McµIgHT. JUsT OVER 60 yEaRs OLD, HE HaD cO¸E TO THE ¸EDIcaL cENTER TO REcEIVE THE caRE Of OUR ¸OsT HIgHLy skILLED caRDIOVascULaR sURgEONs. °Ey REpLacED TwO Of HIs HEaRT VaLVEs, pUT a gRaſt ON HIs aORTa, aND pERfOR¸ED bypass sURgERy— aLL IN ONE pROcEDURE. º DO NOT REcaLL THE DETaILs Of HIs caRDIac paTHOLOgy, bUT HE saILED THROUgH THE sURgERy, aND HIs RapID REcOVERy faR ExcEEDED OUR ExpEcTaTIONs. º HaD gOTTEN TO kNOw “CHaRLIE” bEcaUsE º HaD bEEN assIgNED TO DO HIs aD¸ITTINg HIsTORy aND pHysIcaL, a TypIcaL jOb IN THOsE Days fOR ¸EDIcaL sTUDENTs. ÁIs THIck, pURE wHITE, SaNTa-LIkE bEaRD aND THE waR¸ s¸ILE bENEaTH IT INsTaNTLy cHaR¸ED aLL wHO ¸ET HI¸. ÁIs wIfE aND DaUgHTER wERE EqUaLLy ENgagINg. º bEca¸E RapIDLy aND INTENsELy INVOLVED IN HIs caRE, pROVIDINg a HU¸aN TOUcH—a ROLE THaT ¸EDIcaL sTUDENTs OſtEN pLay ON THE HOspITaL TEa¸ IN LIEU Of ¸akINg ¸EDIcaL DEcIsIONs fOR wHIcH THEy aRE NOT yET pREpaRED.
Crossing Boundaries My caRE fOR CHaRLIE was bOTH fUELED aND cO¸pLIcaTED by ¸y INfaTUaTION wITH HIs DaUgHTER, wHO was ¸y agE aND UN¸aRRIED. ÁER LIfE as a sINgLE paRENT Of a fOUR-yEaR-OLD DaUgHTER gaVE ¸E a¸pLE sUbsTRaTE ON wHIcH TO bUILD a
µEIL S. CaL¸aN, “µO ±NE µEEDs TO KNOw,” fRO¸ Health Affairs 20, NO. 2 (2001): 243–249. © 2001 by PROjEcT ho¿e / Health Affairs. ³EpRINTED by pER¸IssION Of PROjEcT ho¿e / Health Affairs. °E pUbLIsHED aRTIcLE Is aRcHIVED aND aVaILabLE ONLINE aT www.HEaLTHaffaIRs.ORg.
wONDERfUL faNTasy. ºT was sI¸pLE, IT sEE¸ED, TO HELp bRINg CHaRLIE HO¸E, gET
230
HI¸ wELL, faLL IN LOVE wITH HIs DaUgHTER, aND bE a sTEpfaTHER TO HER LITTLE gIRL. °EsE faNTasIEs kEpT ¸E RETURNINg TO HIs HOspITaL ROO¸.
n a m l a C . S l i e N
A fEw wEEks aſtER sURgERy, CHaRLIE was REaDy TO bE DIscHaRgED. ÁE wENT HO¸E wITH INsTRUcTIONs TO RETURN wEEkLy TO THE HOspITaL Lab fOR bLOOD TEsTs NEEDED TO aDjUsT HIs LEVEL Of cOU¸aDIN, a ¸EDIcINE HE was TakINg TO pREVENT bLOOD cLOTs. A fEw Days aſtER DIscHaRgE º REcEIVED a caLL fRO¸ HIs wIfE INVITINg ¸E TO THEIR HO¸E fOR DINNER—a s¸aLL way fOR THE¸ TO THaNk ¸E fOR THE ExTRa caRE º HaD gIVEN CHaRLIE IN THE HOspITaL. º accEpTED, yET ackNOwLEDgED TO ¸ysELf ¸y LEVEL Of DIscO¸fORT IN DOINg sO. º HaD cLEaRLy cROssED THE LINE º HaD bEEN TaUgHT TO ¸aINTaIN bETwEEN DOcTOR aND paTIENT; º HaD aLLOwED ¸ysELf TO bEcO¸E pERsONaLLy INVOLVED IN CHaRLIE’s LIfE. ¶INNER TOOk pLacE aL¸OsT a wEEk aſtER CHaRLIE’s DIscHaRgE, aND º OffERED TO bRINg THE NEcEssaRy EqUIp¸ENT TO TakE HIs REqUIRED bLOOD TEsTs aND TO TRaNspORT THE bLOOD back TO THE HOspITaL Lab. CHaRLIE was gRaTEfUL; HE LIVED qUITE a DIsTaNcE fRO¸ THE HOspITaL aND was NOT LOOkINg fORwaRD TO ¸akINg THE TRIp. ¶INNER was gREaT. AſtERwaRD, CHaRLIE aND º wENT INTO aNOTHER ROO¸ wHERE º DREw HIs bLOOD. º THEN ExcUsED ¸ysELf fOR THE EVENINg. °E REsULTs Of THE TEsTs wERE fiNE, aND CHaRLIE was DOINg wELL UNTIL a fEw wEEks LaTER, wHEN HE bEgaN TO ExpERIENcE sO¸E swEaTs aND wEakNEss aND THE sENsaTION THaT sO¸ETHINg was gOINg wRONg. ÁOURs LaTER HE DEVELOpED a LOw-gRaDE fEVER THaT, wITHIN TwELVE HOURs, RagED TO 104 DEgREEs. ÁE caLLED ¸E aT HO¸E THaT NIgHT. º was VERy wORRIED fOR HI¸ aND TOLD HI¸ TO gO I¸¸EDIaTELy TO THE HOspITaL. ÁIs wIfE HELpED HI¸ pUT ON a RObE, aND CHaRLIE LEſt HO¸E fOR wHaT wOULD bE THE LasT TI¸E. º LIVED ONLy a fEw bLOcks fRO¸ THE HOspITaL aND aRRIVED aL¸OsT aN HOUR bEfORE CHaRLIE aND HIs wIfE. º was ExHaUsTED by ¸y aNxIETy. My ROTaTION IN caRDIOVascULaR sURgERy HaD sINcE ENDED, sO º was THERE as a fRIEND—a ROLE º was NOT sUppOsED TO bE pLayINg as a ¸EDIcaL sTUDENT. YET º was cLEaRLy paRT Of THE INsTITUTION THaT was NOw REspONsIbLE fOR CHaRLIE’s LIfE. CHaRLIE’s wIfE pULLED THEIR caR INTO THE E¸ERgENcy ENTRaNcE. º HELpED HI¸ INTO THE HOspITaL. SwEaT was bEaDINg ON HIs bROw; HE was sO wEak HE cOULD HaRDLy sTaND. º TOOk ONE Of HIs HaNDs IN ¸INE. ºT was cOLD aND wET fRO¸ pERspIRaTION. My OTHER HaND gENTLy TOUcHED HIs back TO sUppORT HI¸; EVEN THROUgH HIs RObE aND TwO sHIRTs º cOULD fEEL THE THER¸aL sTRUggLE HIs bODy was wagINg agaINsT sO¸E UNkNOwN INfEcTIOUs INVaDER. WITHIN ¸O¸ENTs IT bEca¸E cLEaR TO THE caRDIac sURgERy fELLOw ON caLL THaT CHaRLIE HaD aN INfEc-
TION, aND aLL TOO cLEaR abOUT ITs pRObabLE caUsE. “º a¸ aD¸ITTINg yOU TO THE HOspITaL IN INTENsIVE caRE,” HE TOLD CHaRLIE, wHOsE facE LOOkED cLOsE TO DEaTH.
231
Slippery Slope A sHUDDER wENT THROUgH ¸E. º HaD sEEN TwO sI¸ILaR casEs wHILE ON THE caRDIOVascULaR sURgERy sERVIcE. ºN bOTH casEs paTIENTs HaD bEEN DIscHaRgED fRO¸ THE HOspITaL, HaD RETURNED wITH fEVER, aND DIED. º HaD aLsO HEaRD THaT THERE ¸IgHT HaVE bEEN a pRObLE¸ wITH a baTcH Of caRDIOVascULaR caTHETERs THaT wERE IN UsE IN THE HOspITaL. WEEks aſtER UsE, sO¸E HaD bEEN sUspEcTED TO HaVE bEEN cONTa¸INaTED, pREsU¸abLy by THE ¸aNUfacTURER, wITH a fUNgUs caLLED caNDIDa. °E paTIENTs wHO HaD bEEN caTHETERIzED wITH THEsE UNITs wERE sUbjEcT TO pOsTOpERaTIVE INfEcTION wITH THE fUNgUs aND sEE¸ED TO bE REsIsTaNT TO TREaT¸ENT. By ¸ORNINg THE sURgIcaL TEa¸ THaT ORIgINaLLy TREaTED CHaRLIE was by HIs bEDsIDE. ±NLy ONE HOpE RE¸aINED: °Ey LOaDED HI¸ wITH aNTIfUNgaL DRUgs aND TOOk HI¸ TO sURgERy TO REpLacE THE INfEcTED gRaſt. º cHaNgED ¸y cLOTHEs aND wENT INTO THE OpERaTINg ROO¸ TO waTcH. °E THOUgHT Of bEINg abLE TO aNswER HIs fa¸ILy’s qUEsTIONs abOUT THE LONg aND cO¸pLEx sURgERy was sO pOwERfUL THaT IT ObscURED THE paIN THaT DEVELOpED IN ¸y fEET as º sTOOD, OUT Of THE way, ON a TINy paTcH Of flOOR IN THE or. °E sURgERy wENT wELL aND cONfiR¸ED THE INfEcTION. CHaRLIE was back IN THE caRDIOsURgIcaL INTENsIVE caRE UNIT, aND º was by HIs bEDsIDE wITH HIs wIfE aND DaUgHTER. °E sURgEON appEaRED sHORTLy THEREaſtER aND bRIEfly REassURED THE fa¸ILy THaT HIs TEa¸ HaD REpLacED THE INfEcTED gRaſt aND THaT CHaRLIE HaD DONE VERy wELL IN sURgERy. °E sURgEON waLkED away. º sTOOD wITH CHaRLIE’s wIfE aND DaUgHTER aND ExpLaINED wHaT º cOULD abOUT wHaT º HaD sEEN IN THE or, LEaVINg OUT aNy ¸ENTION THaT THE INfEcTION HE HaD sUffERED ¸IgHT HaVE bEEN caUsED by THE cONTa¸INaTED caTHETERs. MINUTEs LaTER, a bELL sOUNDED, INDIcaTINg THE END Of VIsITINg HOURs. º LEſt wITH THE¸, as If THE bELL was ¸EaNT fOR ¸E, TOO, aND saT IN THE waITINg aREa DIscUssINg wITH THE¸ ¸y OpTI¸Is¸ abOUT CHaRLIE’s fUTURE. As PaVLOVIaN as THE fa¸ILy’s REspONsE TO THE VIsITINg HOURs bELL, ¸y REspONsE TO THE HOspITaL’s E¸ERgENcy pagINg sysTE¸ was EqUaLLy wELL pROgRa¸¸ED. º HaD LEaRNED sINcE sTaRTINg ¸y cLINIcaL ROTaTIONs THaT THE ¸O¸ENT a VOIcE bEgaN TO RINg OUT ON THE pagER, aLL OTHER INcO¸INg aUDITORy sIgNaLs
w o n K o t s d e e N e n O o N
“YOU HaVE aN INfEcTION, ¸aybE ON yOUR aORTIc gRaſt.”
wERE INsTINcTIVELy sHUT OUT. °E “cODE” was caLLED fOR THE caRDIac sURgIcaL
232
INTENsIVE caRE UNIT. º fROzE IN fEaR, LIsTENINg TO THE aNNOUNcE¸ENT. º TOLD CHaRLIE’s fa¸ILy º NEEDED TO REspOND TO THIs, a TOTaL fabRIcaTION, aND LEſt. °E
n a m l a C . S l i e N
cROwD aROUND CHaRLIE’s bED cONfiR¸ED ¸y fEaRs. º was I¸¸ObILIzED by NOT kNOwINg wHaT TO DO, by ¸y E¸OTIONs, aND by THE pEOpLE RUNNINg IN EVERy DIREcTION wITH ¸EDIcaTIONs aND EqUIp¸ENT. A fEw ¸INUTEs LaTER THE sURgEON wHO HaD jUsT cO¸pLETED CHaRLIE’s gRaſt REpaIR ca¸E TO THE bEDsIDE. °ERE was NO HOpE. ALL REsUscITaTION aTTE¸pTs faILED TO REsTaRT HIs HEaRT. As THE cODE was caLLED TO a HaLT, a NURsE HURRIEDLy HaNDED a ¼t¾t Lab REsULT TO THE sURgEON. °E paTIENT’s sERU¸ pOTassIU¸ HaD sOaRED TO a LEVEL THaT wOULD HaVE ¸aDE aNyONE’s HEaRT sTOp. º LOOkED OVER THE sURgEON’s sHOULDER as HE HELD THE sLIp Of papER wITH THE Lab REsULT, sTaRINg IN DIsbELIEf. CHaRLIE HaD DIED Of a sI¸pLE ¸IsTakE. ÁIs pOTassIU¸ HaD bEEN aLLOwED TO gO TOO HIgH aſtER sURgERy. °Is wELL-kNOwN DEaDLy EVENT was caUsED by THE RELEasE Of LaRgE a¸OUNTs Of pOTassIU¸ INTO THE bLOOD fRO¸ cELLs Da¸agED aT sURgERy. °E EVENT Is sO cO¸¸ON IN caRDIac sURgIcaL pROcEDUREs THaT cLOsE ¸ONITORINg Of THE pOTassIU¸ was a ROUTINE paRT Of pOsTOpERaTIVE caRE. ÁOw cOULD sUcH a s¸aLL OVERsIgHT UNDO THE ¸ONTHs Of HEROIc ¸EDIcaL caRE THaT CHaRLIE HaD bEEN gIVEN by THE ¸OsT skILLED sURgEONs IN THE REgION?
Entering the Dungeon of Deception °E sURgEON LOOkED aT ¸E aND TO ¸y gREaT sURpRIsE pUT HIs aR¸ aROUND ¸y sHOULDER. º was UNawaRE THaT HE HaD gIVEN a ¸O¸ENT’s THOUgHT TO ¸y ROLE IN CHaRLIE’s caRE. “SON,” HE bEgaN, “º’VE bEEN VERy ¸OVED by THE INTEREsT aND cONcERN yOU HaVE sHOwN fOR THIs paTIENT. º aLsO kNOw THaT yOU REaLIzE THaT NOTHINg gOOD wOULD cO¸E OUT Of THE fa¸ILy’s kNOwINg abOUT THE caTHETER pRObLE¸s OR wHaT HappENED jUsT NOw. µO ONE NEEDs TO kNOw.” ÁE TappED ¸y sHOULDER TwIcE aND waLkED away. ºN THOsE fEw sEcONDs IT HappENED. º HaD bEEN INVITED TO jOIN THE UNDERwORLD Of ¸EDIcaL sEcREcy—THaT TERRITORy wHERE DOcTORs TREaD aND wHERE NO OTHERs ¸ay LOOk IN; wHERE sEcRETs abOUT ¸IsTakEs aND pRObLE¸s aRE bROUgHT aND wHERE THEy REsIDE fOREVER HIDDEN. º sTOOD ¸OTIONLEss. A sTREa¸ Of cONTRaDIcTORy THOUgHTs flOODED ¸y bRaIN. Was º CHaRLIE’s fRIEND, aND sHOULD fRIENDsHIp pREVaIL? SHOULD º TELL HIs fa¸ILy EVERyTHINg º kNEw? ±R was º a DOcTOR, aLbEIT IN TRaININg, cO¸¸ITTED TO kEEpINg THE sEcRETs THaT LIE bEyOND THE paTIENTs’ aND fa¸ILIEs’ gRasp? Was º paRTIaLLy REspONsIbLE fOR THE fUTURE sURVIVaL Of THE wIfE, DaUgHTER, aND gRaND-
DaUgHTER CHaRLIE HaD LEſt bEHIND? ÁaD º DONE EVERyTHINg º cOULD? º HaD LITTLE TI¸E TO THINk, aND º NEVER REaLLy ¸aDE a DEcIsION wHaT TO DO. °E sURgEON LEſt
233
DaUgHTER. º kNEw º HaD TO fOLLOw bUT DIDN’T kNOw If º sHOULD bE sTaNDINg NExT TO THE fa¸ILy OR NExT TO THE DOcTOR. °E sURgEON OffERED HIs cONDOLENcEs TO THE fa¸ILy. ÁE RE¸aINED ONLy bRIEfly aND THEN askED If º cOULD sTay wITH THE¸ fOR a wHILE. ÁE was DEpUTIzINg ¸E—aN acT THaT sUbcONscIOUsLy sUckED ¸E DEEpER INTO THE UNDERwORLD. º was NOw REspONsIbLE fOR ¸aINTaININg THE cHaRaDE THaT “wE HaD DONE EVERyTHINg wE cOULD.” ºT was Up TO ¸E TO UNDERsTaND THE I¸pORTaNcE Of THE sTaTE¸ENT, “µO ONE NEEDs TO kNOw.” º saw CHaRLIE’s fa¸ILy ONLy ONcE aſtER THaT, aT HIs fUNERaL. ÁIs DaUgHTER INTRODUcED ¸E TO EVERyONE THERE as ONE Of CHaRLIE’s DOcTORs wHO HaD TakEN sUcH gOOD caRE Of HI¸. º pLayED THE ROLE wELL. ¶REssED IN ¸y ONLy sUIT, º TOLD THE¸ HOw ¸UcH HE HaD ENDURED, HOw sIck HE HaD bEEN, aND HOw HE kEpT aLL Of OUR spIRITs HIgH TO THE END. º gOT IN ¸y caR aND DROVE HO¸E acROss THE cITy IN a pOURINg RaIN. °aT was THE LasT TI¸E º saw CHaRLIE’s fa¸ILy. º cOULD NOT RE¸aIN IN cONTacT wITH THE¸ wHILE bEINg fiLLED wITH THE sEcRETs º HaD bEEN I¸pLORED NOT TO REVEaL: THE cONTa¸INaTED caTHETERs THaT ¸IgHT HaVE caUsED HIs INfEcTION, aND THE ELEVaTED pOTassIU¸ LEVEL THaT caUsED HIs HEaRT TO sTOp bEaTINg. º wOULD bE LIVINg a LIE EacH ¸O¸ENT º spENT wITH HIs fa¸ILy. ´VEN THE cLOsENEss º HaD fELT TO THE¸, ¸y THOUgHTs Of HIs DaUgHTER, aND ¸y cONTINUINg sENsE Of REspONsIbILITy fOR THE¸ wERE NOT sTRONg ENOUgH TO OVERcO¸E ¸y DIscO¸fORT. º kNEw º cOULD NOT VIOLaTE THE Laws Of THE sEcRET sOcIETy Of ¸EDIcINE INTO wHIcH º HaD jUsT bEgUN ¸y INITIaTION. BEINg INVITED INTO THE saNcTITy Of THIs DUNgEON Of DEcEpTION was paRT Of THE HONOR Of bEcO¸INg a DOcTOR. ºT ¸aDE ¸E fEEL spEcIaL—aN ENTRUsTED cOLLEagUE, a REaL DOcTOR. BUT ¸aNy qUEsTIONs flOODED ¸y ¸IND. ÁaD aNyONE ELsE DIED bEfORE CHaRLIE as THE REsULT Of faTaLLy HIgH pOTassIU¸ aſtER sURgERy? ÁaD aNyONE ExpLORED THE NEED TO cHaNgE THE sysTE¸s by wHIcH sUcH ¸ONITORINg TOOk pLacE? ¶ID THE cO¸paNy THaT ¸aDE THE caTHETERs kNOw THaT sO¸E HaD bEEN cONTa¸INaTED? WOULD LawsUITs HaVE fORcED THE¸ OUT Of bUsINEss, ¸akINg THEsE DEVIcEs UNaVaILabLE TO OTHERs wHO wOULD bENEfiT? WOULD THE HOspITaL bE fORcED TO pay ¸ILLIONs TO THOsE wHO DIED as a REsULT, ERODINg THE sERVIcEs IT was pROVIDINg TO OTHER paTIENTs? WOULD DOcTORs bE afRaID TO assU¸E THE cHaLLENgEs Of cRITIcaLLy ILL paTIENTs LIkE CHaRLIE? ¶ID CHaRLIE’s fa¸ILy DEsERVE TO bE cO¸pENsaTED fOR THE ERRORs THaT caUsED THEIR LOss? WOULD THE bENEfiTs TO THaT ONE fa¸ILy OUTwEIgH THE Da¸agE THaT cOULD bE DONE TO THE pHysIcIaNs aND THE HOspITaL?
w o n K o t s d e e N e n O o N
¸y sIDE aND wENT TO THE waITINg ROO¸ TO TELL THE NEws TO CHaRLIE’s wIfE aND
º HaD NO aNswERs aND THUs DID NOTHINg. ¹ODay º a¸ pUzzLED by HOw
234
qUIckLy º aDapTED TO THIs NEw ROLE Of “kEEpER Of sEcRETs” aND RE¸aIN cONcERNED THaT OTHERs ENTERINg ¸EDIcINE aRE sTILL TaUgHT IN THE sa¸E way.
n a m l a C . S l i e N
Unstated ²±stacles to ²penness WHaT kEEps aNy DOcTOR º HaVE EVER kNOwN fRO¸ INITIaTINg DIscUssION Of ¸EDIcaL ¸IsTakEs wITH paTIENTs Is a sET Of REDOUbTabLE baRRIERs. FIRsT, THERE Is TacIT agREE¸ENT a¸ONg pHysIcIaNs THaT ¸IsTakEs aRE aN INEVITabLE paRT Of pRacTIcINg ¸EDIcINE. º HaVE ¸aDE ¸y OwN ERRORs OVER THE yEaRs, sO¸E wITH ¸INOR aDVERsE OUTcO¸Es, OTHERs wITH HORRIbLE REsULTs. WHEN º DIscOVER aNOTHER pHysIcIaN’s ¸IsTakE, º ONLy DIscUss IT If THE DOcTOR Is E¸pLOyED by ¸E OR Is fOR¸aLLy UNDER ¸y sUpERVIsION. WE pHysIcIaNs aRE afRaID TO TURN Up THE HEaT ON OTHERs, LEsT wE fRy IN OUR OwN fiRE. °EN wE HaVE THE spEcTER Of ¸EDIcaL LIabILITy LawsUITs. WHO wOULD REVEaL ERRORs TO a paTIENT aND INITIaTE THE yEaRs-LONg pROcEss Of DEfENDINg a ¸EDIcaL LIabILITy LawsUIT? °E fiNaNcIaL bURDEN Of sUcH aN acTION aND THE pUbLIc HU¸ILIaTION INVOLVED aRE INsUR¸OUNTabLE fOR ¸OsT pHysIcIaNs aND DETER a ¸ORE HONEsT REckONINg Of ¸EDIcaL ERRORs a¸ONg pHysIcIaNs aND bETwEEN pHysIcIaNs aND paTIENTs. FINaLLy, LIkE ¸OsT DOcTORs, º wENT INTO ¸EDIcINE TO bE a HELpER aND HEaLER. ScRUTINy by cOLLEagUEs aND THE pROcEss Of DIscUssINg ¸y ¸IsTakEs OpENLy wITH OTHERs cO¸pEL ¸E TO RELIVE, OVER aND OVER, THE paIN Of HaVINg pLayED a ROLE IN INjURINg sO¸EONE wHO ENTRUsTED ¸E wITH HIs OR HER LIfE. A pROLONgED pRObINg Of ¸y ERRORs wOULD fORcE a LEVEL Of sELf-DOUbT THaT wOULD affEcT fUTURE DEcIsIONs aND cOULD pROVE I¸¸ObILIzINg. WITH NO gROUNDs fOR cO¸paRINg ¸y abILITIEs aND pRacTIcE skILLs wITH THOsE Of ¸y cOLLEagUEs, º wOULD bE LEſt askINg, “¶O º ¸akE ¸ORE ¸IsTakEs THaN ¸y cOLLEagUEs? WOULD aNOTHER DOcTOR HaVE DONE a bETTER jOb TakINg caRE Of THIs paTIENT?” °E fOR¸aL INTERNaL qUaLITy assURaNcE DIscUssIONs THaT HaVE bEEN I¸pLE¸ENTED IN sO¸E INsTITUTIONs TakE pLacE IN a pROTEcTED ENVIRON¸ENT aND THUs pRO¸OTE a ¸ORE OpEN REVIEw Of THE caUsE Of ¸EDIcaL ERRORs. SUcH sHELTERED Exa¸INaTION OſtEN REsULTs IN fixINg sysTE¸Ic pRObLE¸s aND THEREby pROTEcTINg paTIENTs fRO¸ a sI¸pLE OVERsIgHT LIkE THE ONE THaT kILLED CHaRLIE McµIgHT. BUT bUILDINg a LEgaL fiREwaLL bETwEEN qUaLITy REVIEw pROcEssEs aND pUbLIc scRUTINy faILs TO cREaTE a ¸EcHaNIs¸ fOR THE LEgITI¸aTE cO¸pENsaTION Of paTIENTs wHO HaVE bEEN INjURED THROUgH ¸EDIcaL ¸IsTakEs. STUDIEs HaVE sHOwN THaT
ONLy a s¸aLL pERcENTagE Of sUcH INjURIEs aRE cO¸pENsaTED THROUgH LEgaL acTIONs, wHILE ¸OsT gO UNaDDREssED.
235
aND TO ENcOURagE THE DIscLOsURE Of ERRORs. AT THE sa¸E TI¸E, EacH Of Us, as pHysIcIaNs aND TEacHERs, ¸UsT figHT THE cONTINUINg URgE TO HIDE OUR ¸IsTakEs. WE ¸UsT TEacH THE NExT gENERaTION Of sTUDENTs TO TaLk abOUT ¸EDIcaL ERRORs as a paRT Of ¸EDIcaL pRacTIcE THaT wILL aLways bE wITH Us. MOsT Of aLL, wE ¸UsT TEacH EacH OTHER THaT THE bIggEsT gaffE Of aLL Is TO cOVER Up OUR ¸IsTakEs, THUs pERpETUaTINg baRRIERs TO safE caRE. ´VERyONE NEEDs TO kNOw.
w o n K o t s d e e N e n O o N
°E pROcEss by wHIcH Law aND ¸EDIcINE HaVE EVOLVED TO DEaL wITH ¸EDIcaL ¸IsTakEs ¸UsT bE DRasTIcaLLy cHaNgED, bOTH TO cO¸pENsaTE THOsE INjURED
This page intentionally left blank
deaTh, dying, and liveS aT The MaRginS
IV
This page intentionally left blank
FoRTy YeARs of WoRk on End-of-L±fe CARe FROM ³ATI±NTS’ ´IgHTS TO ¿YST±MIc ´±fORM Susan M. Wolf, Nancy Berlinger, and Bruce Jennings
MORE THaN 2.5 ¸ILLION pEOpLE DIE IN THE ·NITED STaTEs EacH yEaR, ¸OsT Of THE¸ fRO¸ pROgREssIVE HEaLTH cONDITIONs. FacINg DEaTH Is a pROfOUND cHaLLENgE fOR paTIENTs, THEIR RELaTIVEs aND fRIENDs, THEIR caREgIVERs, aND HEaLTH caRE INsTITUTIONs. µEaRLy 40 yEaRs Of INTENsIVE wORk TO I¸pROVE caRE aT THE END Of LIfE Has sHOwN THaT aLIgNINg caRE wITH paTIENTs’ NEEDs aND pREfERENcEs IN ORDER TO EasE THE DyINg pROcEss Is sURpRIsINgLy DIfficULT—aLTHOUgH THERE Has bEEN sO¸E INcRE¸ENTaL pROgREss. ´aRLy OpTI¸Is¸ THaT THE EsTabLIsH¸ENT Of paTIENTs’ LEgaL aND ETHIcaL RIgHTs TO ¸akE DEcIsIONs abOUT THEIR OwN caRE wOULD LEaD TO ¸ORE appROpRIaTE END-Of-LIfE TREaT¸ENT faDED IN THE facE Of sObERINg DaTa sHOwINg THaT DEcLaRINg THEsE RIgHTs was NOT ENOUgH TO aLTER TREaT¸ENT paTTERNs aND THaT sysTE¸Ic IssUEs LOO¸ED LaRgE. °Is HIsTORy Has DE¸ONsTRaTED THE NEED TO aTTack THE pRObLE¸ aT aLL LEVELs, fRO¸ INDIVIDUaL RIgHTs, TO fa¸ILy aND caREgIVINg RELaTIONsHIps, TO INsTITUTIONaL aND HEaLTH sysTE¸s REfOR¸.
Securing Rights (1976–1994) ºN 1976, µEw JERsEy’s HIgHEsT cOURT DEcIDED THE gROUNDbREakINg casE Of KaREN ANN QUINLaN, wHOsE faTHER sOUgHT pER¸IssION TO DIscONTINUE ¸EcHaNIcaL VENTILaTION wHEN sHE was IN a pERsIsTENT VEgETaTIVE sTaTE. °E cOURT fOUND
SUsaN M. WOLf, µaNcy BERLINgER, aND BRUcE JENNINgs, “FORTy YEaRs Of WORk ON ´ND-Of-²IfE CaRE—FRO¸ PaTIENTs’ ³IgHTs TO SysTE¸Ic ³EfOR¸,” fRO¸ New England Journal of Medicine 372 (2015): 678–682. © 2015 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
THaT aLTHOUgH “THE DOcTORs say THaT RE¸OVINg KaREN fRO¸ THE REspIRaTOR wILL
240
cONflIcT wITH THEIR pROfEssIONaL jUDg¸ENT,” KaREN HaD a “RIgHT Of cHOIcE” THaT cOULD bE ExERcIsED by HER faTHER as sURROgaTE DEcIsION ¸akER. MaNy casEs
s g n i n n e J d n a , r e g n i l r e B ,floW
fOLLOwED IN wHIcH cOURTs REcOgNIzED THE cONsTITUTIONaL aND cO¸¸ON-Law RIgHTs Of paTIENTs TO REfUsE LIfE-sUsTaININg TREaT¸ENT aND THE aUTHORITy Of sURROgaTE DEcIsION ¸akERs fOR paTIENTs wHO LackED DEcIsION-¸akINg capacITy.Ã,Ä COURTs aLsO bEgaN TO aDDREss DEcIsIONs TO fORgO LIfE-sUsTaININg TREaT¸ENT IN NEwbORNs. ºN THOsE EaRLy Days Of EffORTs TO cURb OVERTREaT¸ENT aT THE END Of LIfE aND TO I¸pROVE THE DyINg pROcEss, EsTabLIsHINg THE ETHIcaL aND LEgaL RIgHT TO REfUsE LIfE-sUsTaININg TREaT¸ENT was a pRIORITy. MORE cHaLLENgINg was EsTabLIsHINg sURROgaTEs’ aUTHORITy TO REfUsE caRE ON bEHaLf Of INcO¸pETENT paTIENTs, aRTIcULaTINg sTaNDaRDs fOR sURROgaTE DEcIsION ¸akINg, aND REacHINg gENERaL agREE¸ENT ON LI¸ITs TO sURROgaTE aUTHORITy. CasEs INVOLVINg paTIENTs wHO wERE NEVER cO¸pETENT TO ¸akE DEcIsIONs abOUT caRE aND INVOLVINg THE cEssaTION Of aRTIficIaL NUTRITION aND HyDRaTION wERE NOTORIOUsLy DIfficULT, as was DEcIsION ¸akINg fOR INcO¸pETENT paTIENTs wITHOUT sURROgaTEs. As ¸ORE casEs REacHED THE cOURTs aND pUbLIc aTTENTION INTENsIfiED, ExpERTs bEgaN aNaLyzINg THE IssUEs aND gENERaTINg REcO¸¸ENDaTIONs. ºN 1983, THE PREsIDENT’s CO¸¸IssION ON BIOETHIcs IssUED a REpORT aDVOcaTINg THE RIgHT Of paTIENTs TO DEcIDE abOUT THEIR HEaLTH caRE, wHILE aDDREssINg ¸ORaL aND LEgaL LI¸ITs.Æ ºN 1987, THE ÁasTINgs CENTER pUbLIsHED cO¸pREHENsIVE ETHIcs gUIDELINEs REgaRDINg END-Of-LIfE caRE.Î °EsE gUIDELINEs fOcUsED ON REcOgNIzINg a paTIENT’s RIgHT TO REfUsE UNwaNTED LIfE-sUsTaININg TREaT¸ENT aND ON aRTIcULaTINg a THREE-TIER sTaNDaRD fOR sURROgaTE DEcIsION ¸akINg THaT pRIORITIzED fOLLOwINg THE paTIENT’s wIsHEs wHEN kNOwN bUT OTHERwIsE RELIED ON THE sURROgaTE TO DEcIDE ON THE basIs Of THE paTIENT’s VaLUEs OR, absENT INfOR¸aTION ON THOsE VaLUEs, IN accORDaNcE wITH THE paTIENT’s bEsT INTEREsTs. °E gUIDELINEs aLsO REcO¸¸ENDED pROcEssEs fOR DEsIgNaTINg sURROgaTEs fOR paTIENTs wITH NO fa¸ILy OR fRIENDs TO sERVE IN THaT ROLE aND pROpOsED UsINg TI¸E-LI¸ITED TRIaLs Of TREaT¸ENT TO INfOR¸ DEcIsIONs. °E DOcU¸ENT aDDREssED THE NEED TO I¸pROVE paIN RELIEf, REcO¸¸ENDED REjEcTINg REqUEsTs fOR TREaT¸ENT THaT cOULD NOT accO¸pLIsH ITs pHysIOLOgIcaL ObjEcTIVE, DIffERENTIaTED TREaT¸ENT REfUsaL fRO¸ pHysIcIaN-assIsTED sUIcIDE aND EUTHaNasIa, aND cONsIDERED ObsTacLEs TO INDIVIDUaL RIgHTs. ºN THE 1990 casE Of µaNcy CRUzaN—a MIssOURI wO¸aN IN a pERsIsTENT VEgETaTIVE sTaTE, wHOsE paRENTs waNTED aRTIficIaL NUTRITION aND HyDRaTION sTOppED—THE ·.S. SUpRE¸E COURT fiNaLLy REcOgNIzED a paTIENT’s RIgHT TO REfUsE LIfE-sUsTaININg TREaT¸ENT, aLTHOUgH THE COURT NOTED THaT sTaTEs cOULD
REsTRIcT THE aUTHORITy Of sURROgaTEs TO ¸akE DEcIsIONs fOR paTIENTs LackINg DEcIsIONaL capacITy. ºN HER cONcURRENcE, JUsTIcE SaNDRa ¶ay ±’CONNOR cITED
241
wOULD bE bETTER pROTEcTED If THE sURROgaTE wERE appOINTED by THE paTIENT IN aN aDVaNcE DIREcTIVE. °E Cruzan OpINION aND THE passagE Of THE fEDERaL PaTIENT SELf-¶ETER¸INaTION AcT IN 1990 spURRED EffORTs TO pRO¸OTE aDVaNcE DIREcTIVEs.Ï
Facing Clinical Realities (1995–2009) °E EsTabLIsH¸ENT Of paTIENTs’ RIgHTs aND THE OpTION TO UsE aDVaNcE DIREcTIVEs pROVED NEcEssaRy bUT faR fRO¸ sUfficIENT TO aLIgN TREaT¸ENT wITH paTIENTs’ pREfERENcEs. ºN 1995, INVEsTIgaTORs IN THE STUDy TO ·NDERsTaND PROgNOsEs aND PREfERENcEs fOR ±UTcO¸Es aND ³Isks Of ¹REaT¸ENTs (¼u¿¿ort)—a ¸ULTI¸ILLION-DOLLaR EffORT by THE ³ObERT WOOD JOHNsON FOUNDaTION TO I¸pROVE END-Of-LIfE caRE—bEgaN pUbLIsHINg fiNDINgs sHOwINg THaT DOcU¸ENTED TREaT¸ENT pREfERENcEs, EVEN wHEN cHa¸pIONED by a NURsE aDVOcaTE, faILED TO cHaNgE cLINIcaL pRacTIcE.Ð As ONE cO¸¸ENTaTOR wROTE, “º¸pROVINg THE qUaLITy Of caRE gENERaLLy REqUIREs cHaNgEs IN THE ORgaNIzaTION aND cULTURE Of THE HOspITaL aND THE acTIVE sUppORT Of HOspITaL LEaDERs.”Ñ FURTHER sTUDIEs aTTE¸pTED TO IDENTIfy pOTENTIaL ROUTEs TO pROgREss, INcLUDINg I¸pROVED accEss TO paLLIaTIVE caRE. ALTHOUgH CONgREss HaD aDDED a HOspIcE bENEfiT TO THE MEDIcaRE pROgRa¸ IN 1982—TO pROVIDE paLLIaTIVE aND cO¸fORT caRE fOR paTIENTs NEaRINg THE END Of THEIR LIVEs—baRRIERs TO HOspIcE accEss RE¸aINED, INcLUDINg THE REqUIRE¸ENT THaT DEaTH bE ExpEcTED wITHIN 6 ¸ONTHs aND THaT cURaTIVE TREaT¸ENT EffORTs bE abaNDONED. °ROUgHOUT THE 1990s, pROfEssIONaL sOcIETIEs INcLUDINg THE A¸ERIcaN COLLEgE Of PHysIcIaNs,Ò A¸ERIcaN MEDIcaL AssOcIaTION,× aND A¸ERIcaN µURsEs AssOcIaTIONÃØ IssUED papERs aND pOLIcIEs aI¸ED aT IDENTIfyINg ObsTacLEs TO gOOD caRE aT THE END Of LIfE aND I¸pROVINg cLINIcaL pRacTIcE. µONpROfiT ORgaNIzaTIONs ¸OUNTED EffORTs sUcH as THE PROjEcT ON ¶EaTH IN A¸ERIca, wHIcH fUNDED REsEaRcH ON I¸pEDI¸ENTs TO cO¸passIONaTE END-Of-LIfE caRE.Ãà ºN 1997, THE ºNsTITUTE Of MEDIcINE (iom) pUbLIsHED Approaching Death: Improving Care at the End
of Life, wHIcH aNaLyzED REsEaRcH, EDUcaTIONaL, cLINIcaL, aND pOLIcy cHaLLENgEs aND E¸pHasIzED THE NEED fOR TOOLs TO ¸EasURE qUaLITy aND OUTcO¸Es Of END- Of-LIfE caRE.ÃÄ ºN THE facE Of DIfficULTy IN I¸pROVINg END-Of-LIfE caRE aND ENsURINg accEss TO gOOD paIN RELIEf aND OTHER paLLIaTIVE ¸EasUREs, THE ¸OVE¸ENT TO LEgaLIzE
eraC efiL-fo-dnE
THE ÁasTINgs CENTER gUIDELINEs aND sUggEsTED THaT a sURROgaTE’s aUTHORITy
pHysIcIaN aID TO TER¸INaLLy ILL paTIENTs wHO wIsHED TO END THEIR LIVEs gaTH-
242
ERED sTEa¸. ºN a 1994 baLLOT ¸EasURE, REcONfiR¸ED IN 1997, ±REgON bEca¸E THE fiRsT sTaTE TO VOTE fOR LEgaLIzaTION Of pHysIcIaN-assIsTED sUIcIDE aND
s g n i n n e J d n a , r e g n i l r e B ,floW
ENacTED THE ¶EaTH wITH ¶IgNITy AcT. °E sTaTUTE sURVIVED fEDERaL LITIgaTION OVER THE aUTHORITy Of THE ·.S. aTTORNEy gENERaL TO LI¸IT THE pRacTIcE (Gonzales
v. Oregon, 2006). ºN 1997, THE SUpRE¸E COURT REjEcTED aRgU¸ENTs THaT sTaTE baNs ON pHysIcIaN-assIsTED sUIcIDE VIOLaTED paTIENTs’ cONsTITUTIONaL RIgHTs, aND THE COURT REcOgNIzED sTaTEs’ aUTHORITy TO pROHIbIT OR LEgaLIzE THE pRacTIcE wITHIN THEIR bORDERs (Vacco v. Quill, 1997; Washington v. Glucksberg, 1997). WasHINgTON STaTE fOLLOwED ±REgON aND Has NOw bEEN jOINED by ÂER¸ONT; THE MONTaNa SUpRE¸E COURT aND a LOwER cOURT IN µEw MExIcO HaVE aLsO IssUED RULINgs aLLOwINg THE pRacTIcE. As wORk pROgREssED TO cHaNgE THE cLINIcaL REaLITIEs Of END-Of-LIfE caRE, fOcUs TURNED TO THE baRRIERs facINg sUbpOpULaTIONs, sUcH as TER¸INaLLy ILL cHILDREN. ºN THE 2002 pUbLIcaTION When Children Die , THE iom DEscRIbED pRObLE¸s IN pEDIaTRIc caRE, INcLUDINg THaT Of paRENTs bEINg fORcED TO cHOOsE bETwEEN LIfE-pROLONgINg TREaT¸ENT aND HOspIcE caRE fOR THEIR cHILDREN.ÃÆ °E iom THEN DETaILED REsEaRcH gaps IN Describing Death in America, wHIcH URgED THE UsE Of MEDIcaRE REcORDs as aN I¸pORTaNT DaTa sET.ÃÎ MEaNwHILE, THERE was gROwINg cONTROVERsy OVER DEcIsIONs TO END LIfE- sUsTaININg TREaT¸ENT IN casEs Of LONg-TER¸ DIsabILITy. PEOpLE wITH DIsabILITIEs RaIsED cONcERNs THaT sUcH DEcIsIONs wERE sO¸ETI¸Es basED ON INappROpRIaTE assU¸pTIONs abOUT qUaLITy Of LIfE. µEUROLOgIc DIsabILITIEs RaIsED aDDITIONaL cONcERNs, as REsEaRcH DIsTINgUIsHED THE ¸INI¸aLLy cONscIOUs sTaTE, IN wHIcH paTIENTs RETaIN sO¸E pOTENTIaL fOR cOgNITIVE REcOVERy, fRO¸ THE pER¸aNENT VEgETaTIVE sTaTE (Wendland v. Wendland, 2001).ÃÏ ºN 2005, THE casE Of ¹ERRI ScHIaVO—a FLORIDa wO¸aN wHOsE paRENTs REjEcTED THE ¸EDIcaL cONcLUsION THaT sHE was IN a VEgETaTIVE sTaTE wITH NO pOTENTIaL fOR REcOVERy aND ObjEcTED TO HER HUsbaND’s DEcIsION as sURROgaTE TO TER¸INaTE TUbE fEEDINg—TRIggERED NaTIONaL cONTROVERsy, REVEaLINg THaT DEcaDEs Of pROgREss ON sURROgaTE DEcIsION ¸akINg cOULD NOT aVERT cONflIcT OVER THE TER¸INaTION Of aRTIficIaL NUTRITION aND HyDRaTION IN aN INcO¸pETENT paTIENT wHO was IN a pER¸aNENT VEgETaTIVE sTaTE wHEN fa¸ILy ¸E¸bERs DIsagREED wITH ONE aNOTHER. °E pOLITIcs Of END-Of-LIfE caRE bEca¸E EVEN ¸ORE DIVIsIVE IN 2009, wHEN OppONENTs Of THE AffORDabLE CaRE AcT (¾»¾) spREaD THE faLsE assERTION THaT a pROpOsED ¾»¾ pROVIsION ¸EaNT TO aUTHORIzE THE REI¸bURsE¸ENT Of pHysIcIaNs fOR VOLUNTaRy cOUNsELINg abOUT END-Of-LIfE pLaNNINg wOULD cREaTE “DEaTH paNELs.” °E pROVIsION was RE¸OVED UNDER pOLITIcaL pREssURE, aND a sI¸ILaR MEDIcaRE-REfOR¸ pROpOsaL was sUbsEqUENTLy wITHDRawN. °Us, a pERIOD
THaT bEgaN wITH a sObERINg REaLIzaTION THaT THE VaLIDaTION Of RIgHTs was NOT ENOUgH TO cHaNgE cLINIcaL REaLITIEs was ¸aRkED by I¸pORTaNT REsEaRcH aND
243
Reforming End-of-Life Care Systems (2010– ) ºN 2010, CONgREss passED THE ¾»¾, THE LaRgEsT aTTE¸pT aT REfOR¸ Of HEaLTH caRE fiNaNcE aND sysTE¸s IN DEcaDEs. WITH aDVaNcEs IN sysTE¸Ic REfOR¸, EffORTs TO I¸pROVE END-Of-LIfE caRE HaVE bEcO¸E INcREasINgLy fOcUsED ON HEaLTH caRE INsTITUTIONs, sysTE¸s, aND fiNaNcE. ºN 2014, THE iom RELEasED a NEw REpORT,
Dying in America. ÃÐ °E REpORT aND RELaTED cO¸¸ENTaRy aNaLyzED REsEaRcH sHOwINg THaT cURRENT fiNaNcIaL INcENTIVEs DO NOT sUppORT REaDy accEss TO THE caRE paTIENTs waNT aND NEED NEaR THE END Of LIfE.ÃÑ °E INTEgRaTION Of paLLIaTIVE caRE wITH TREaT¸ENT RE¸aINs INcO¸pLETE, DEspITE a¸pLE EVIDENcE Of bENEfiT.ÃÒ ALTHOUgH HOspIcE UsE Has INcREasED, MEDIcaRE DaTa REVEaL paTTERNs Of TREaT¸ENT EscaLaTION bEfORE HOspIcE ENROLL¸ENT.Ã× MEDIcaRE DaTa aLsO REVEaL REgIONaL VaRIaTION IN TRaNsfERs fRO¸ NURsINg HO¸Es TO HOspITaLs, wHIcH aRE assOcIaTED wITH ¸EDIcaLLy INappROpRIaTE fEEDINg-TUbE INsERTION.ÄØ °E agINg Of THE baby bOO¸ERs wILL ¸EaN a sHaRp INcREasE IN THE NU¸bER Of ·.S. paTIENTs wITH ALzHEI¸ER’s DIsEasE, wHIcH wILL pLacE NEw pREssUREs ON fa¸ILIEs aND caRE sysTE¸s.Äà As ¾»¾ I¸pLE¸ENTaTION DRIVEs sysTE¸ cHaNgEs, RENEwED EffORTs TO I¸pROVE END-Of-LIfE caRE aT THE sysTE¸ LEVEL aRE E¸ERgINg, INcLUDINg fUNDINg fOR cONcURRENT HOspIcE aND cURaTIVE caRE EffORTs fOR sERIOUsLy ILL cHILDREN aND RENEwED EffORTs TO fUND cONVERsaTIONs bETwEEN pHysIcIaNs aND paTIENTs fOR END-Of-LIfE caRE pLaNNINg. As pOLIcy INITIaTIVEs HaVE bEcO¸E ¸ORE sysTE¸-fOcUsED aND ENcO¸passINg, sO TOO HaVE ETHIcs INITIaTIVEs. ºN 2013, THE ÁasTINgs CENTER pRODUcED a REVIsED, ExpaNDED EDITION Of THE 1987 gUIDELINEs, aDDREssINg NOT ONLy INDIVIDUaL RIgHTs aND THE cLINIcaL REaLITIEs Of DEcIsION ¸akINg bUT aLsO INsTITUTIONaL aND sysTE¸Ic IssUEs sUcH as TRaNsfERs bETwEEN INsTITUTIONs, END-Of-LIfE caRE IN THE cONTExT Of LaRgE aND cO¸pLEx HEaLTH caRE ORgaNIzaTIONs, THE ROLE Of cOsT IN DEcIsIONs, aND HEaLTH caRE accEss fOR UNINsURED pEOpLE. ÄÄ °E REVIsED gUIDELINEs REflEcT THE REaLITy THaT paTIENTs aRE RaRELy IsOLaTED RIgHTs-bEaRERs; fa¸ILy ¸E¸bERs aRE UsUaLLy INVOLVED IN END-Of-LIfE DEcIsIONs aND caRE. BOTH paTIENTs aND fa¸ILy ¸E¸bERs fURTHER DEpEND ON cLINIcIaNs TO aNcHOR a pROcEss Of sETTINg gOaLs aND DEVELOpINg TREaT¸ENT pLaNs. ALTHOUgH REspEcT fOR aUTONO¸y RE¸aINs EssENTIaL TO END-Of-LIfE DEcIsION ¸akINg, appROpRIaTELy INcLUDINg THE paTIENT’s cHOsEN cONsTELLaTION Of RELaTIVEs aND fRIENDs aND
eraC efiL-fo-dnE
INNOVaTION—yET gROwINg cONTROVERsy.
HELpINg aLL Of THE¸ NaVIgaTE caRE sysTE¸s HaVE E¸ERgED as INTEgRaL TO ETHI-
244
caL pRacTIcE. PERsONs LIVINg wITH DIsabILITIEs HaVE aLsO pROVIDED cRUcIaL pERspEcTIVEs ON THE ¸aNagE¸ENT Of cHRONIc cONDITIONs aND TREaT¸ENT DEcIsION
s g n i n n e J d n a , r e g n i l r e B ,floW
¸akINg OVER TI¸E. °E NEw gUIDELINEs aND THE REcENT iom REpORT sI¸ILaRLy fRa¸E THE caRE Of DyINg pEOpLE as “paTIENT-cENTERED, fa¸ILy-ORIENTED,”ÃÐ aND DEpENDENT ON sOUND sysTE¸s Of caRE aND fiNaNcE. °E iom REpORT caLLs fOR a “¸ajOR REORIENTaTION aND REsTRUcTURINg Of MEDIcaRE, MEDIcaID aND OTHER HEaLTH caRE DELIVERy pROgRa¸s” TO ENsURE qUaLITy caRE THaT ¸EETs THE NEEDs Of DyINg paTIENTs aND THEIR fa¸ILIEs.ÃÐ BOTH DOcU¸ENTs REcO¸¸END cORE ELE¸ENTs Of HIgH-qUaLITy caRE NEaR THE END Of LIfE, INcLUDINg paLLIaTIVE caRE, aND E¸pHasIzE THE NEED fOR bETTER cLINIcIaN EDUcaTION.
Lessons from 40 Years of Work ´sTabLIsHINg INDIVIDUaLs’ RIgHTs TO fORgO LIfE-sUsTaININg TREaT¸ENTs aND THE aUTHORITy Of sURROgaTE DEcIsION ¸akERs wERE sIgNaL acHIEVE¸ENTs IN THE fiRsT pHasE Of wORk ON I¸pROVINg END-Of-LIfE caRE. ·NcOVERINg cLINIcaL baRRIERs TO pROgREss IN THE sEcOND pHasE was EssENTIaL. BUT wE NOw kNOw THaT aLL THEsE EffORTs ¸UsT bE NEsTED IN sysTE¸Ic REfOR¸. º¸pORTaNT sTRaTEgIEs HaVE E¸ERgED fOR cONTINUED pROgREss ON aLL LEVELs. FIRsT, cLINIcIaNs caN bE TRaINED TO INfOR¸ aND sUppORT DEcIsION ¸akERs. °E pROspEcT Of DEaTH INspIREs pOwERfUL E¸OTIONs IN EVERyONE INVOLVED, cREaTINg a pOTENTIaL fOR cONflIcT. CO¸¸UNIcaTION TRaININg fOR aLL pROfEssIONaLs wHO caRE fOR paTIENTs facINg cRITIcaL TREaT¸ENT DEcIsIONs caN HELp sUppORT INfOR¸ED DEcIsION ¸akINg UNDER sTREssfUL cONDITIONs. ´ssENTIaL skILLs HaVE bEEN IDENTIfiED aND TOOLs DEVELOpED fOR UsE by caRE TEa¸s.ÄÆ–ÄÐ ³OLE ¸ODELs aND accEss TO NEw TOOLs (INcLUDINg ELEcTRONIc DEcIsION-¸akINg aIDs aND “cHOIcE aRcHITEcTURE” TEcHNIqUEs TO sTRUcTURE OpTIONs) caN HELp pROfEssIONaLs ExpLaIN THE OpTIONs aND sUppORT DEcIsION ¸akERs.ÄÑ,ÄÒ ADVaNcE caRE pLaNNINg aND THE ¿ol¼t (PHysIcIaN ±RDERs fOR ²IfE-SUsTaININg ¹REaT¸ENT) PaRaDIg¸—DEVELOpED IN ±REgON IN aN EffORT TO ENsURE THaT paTIENTs’ pREfERENcEs wERE HONORED IN a RaNgE Of caRE sETTINgs, INcLUDINg caRE by E¸ERgENcy ¸EDIcaL sERVIcEs pERsONNEL—pROVIDE sTRUcTURED pROcEssEs TO HELp pROfEssIONaLs aND DEcIsION ¸akERs EsTabLIsH gOaLs, DOcU¸ENT pREfERENcEs, aND cREaTE caRE pLaNs.ÃÐ ¹RaININg pRIORITIEs INcLUDE DIscUssINg caRE pREfERENcEs wITH paTIENTs wITH EaRLy-sTagE ALzHEI¸ER’s DIsEasE wHO RETaIN DEcIsION-¸akINg capacITy aND ENgagINg IN sHaRED DEcIsION ¸akINg wITH cOgNITIVELy I¸paIRED
paTIENTs aND THEIR sURROgaTEs. PEDIaTRIc spEcIaLIsTs’ ExpERIENcE wITH sHaRED DEcIsION ¸akINg IN caRINg fOR THE 50,000 cHILDREN wHO DIE IN THE ·NITED
245
paTIENTs aND fa¸ILIEs.Ä× SEcOND, sysTE¸Ic I¸pROVE¸ENTs caN bE DEsIgNED TO assIsT aLL pROfEssIONs INVOLVED IN caRINg fOR paTIENTs wHO aRE facINg DEcIsIONs abOUT LIfE-sUsTaININg TREaT¸ENT OR NEaRINg THE END Of LIfE, IN aLL RELEVaNT cLINIcaL aND REsIDENTIaL sETTINgs. CLINIcIaNs sHOULD HaVE accEss TO aT LEasT gENERaLIsT paLLIaTIVE caRE TRaININgÆØ aND bE TRaINED TO cOLLabORaTE acROss sHIſts, DURINg TRaNsfERs, aND wITH fa¸ILy caREgIVERs DURINg DIscHaRgE pLaNNINg. ´VIDENcE-basED ¸ODELs fOR safE caRE TRaNsITIONs caN sUppORT bETTER sysTE¸s fOR END-Of-LIfE caRE.ÆÃ,ÆÄ °IRD, pRODUcTIVE sysTE¸Ic aND fiNaNcINg REfOR¸s caN bE ENacTED. MIsaLIgNED fiNaNcIaL INcENTIVEs wORk agaINsT DyINg paTIENTs’ cHOIcEs, INTEREsTs, aND safETy. PRObLE¸s INcLUDE REfERRaLs Of DyINg paTIENTs TO THE INTENsIVE caRE UNIT OR fOR DIaLysIs EVEN wHEN sUcH sERVIcEs wILL REsULT IN LI¸ITED bENEfiT aND HIgH bURDEN TO THE paTIENT,Ã×,ÆÆ THE NONbENEficIaL UsE Of fEEDINg TUbEs IN paTIENTs wITH END-sTagE ALzHEI¸ER’s DIsEasE,ÄØ cOsT-sHIſtINg TRaNsfERs Of DyINg NURsINg HO¸E REsIDENTs aND HOspIcE paTIENTs TO HOspITaLs,ÆÎ,ÆÏ aND LaTE HOspIcE REfERRaLs fOR paTIENTs wITH caNcER.ÆÐ AbUNDaNT EVIDENcE INDIcaTEs THaT REI¸bURsE¸ENTs aND ORgaNIzaTIONaL paTTERNs DRIVE THEsE pRObLE¸s, aND fixINg THE¸ REqUIREs aTTENTION TO sERVIcE-UTILIzaTION ¸aNDaTEs aND pREssUREs.ÆÑ °E 2014 iom REpORT REcO¸¸ENDs cREaTINg fiNaNcIaL INcENTIVEs fOR aDVaNcE caRE pLaNNINg aND sHaRED DEcIsION ¸akINg, ELEcTRONIc HEaLTH REcORDs TO sUppORT ONgOINg pLaNNINg, aND caRE cOORDINaTION TO REDUcE HOspITaLIzaTIONs aND E¸ERgENcy DEpaRT¸ENT VIsITs. ´ND-Of-LIfE caRE IN accOUNTabLE caRE ORgaNIzaTIONs aND MEDIcaRE ADVaNTagE pLaNs sHOULD aLsO bE RIgOROUsLy EVaLUaTED. ´xpLIcIT DIscUssION Of cOsT Is EssENTIaL, bOTH IN cHOOsINg caRE OpTIONs aND IN aDDREssINg cOsT baRRIERs TO DEsIRED caRE. WHEN paTIENTs Lack THE ¸EaNs TO pay fOR NEEDED LIfE- sUsTaININg TREaT¸ENT, pROfEssIONaLs caN aDVOcaTE fOR THE¸. ºN ONcOLOgy, fOR Exa¸pLE, pROfEssIONaLs aRE pUbLIcLy cHaLLENgINg EVER-EscaLaTINg DRUg pRIcEs.ÆÒ FacINg DEaTH wILL NEVER bE Easy, aND cONTROVERsIaL casEs aRE INEVITabLE. YET TOO LaRgE a gULf RE¸aINs bETwEEN THE THEORy aND THE pRacTIcE Of END-Of-LIfE caRE. MORE wORk Is NEEDED aT aLL LEVELs—TO pROTEcT paTIENTs’ RIgHTs TO cHOOsE caRE OpTIONs, TO I¸pROVE THE qUaLITy Of cLINIcaL caRE aND cLINIcIaNs’ REspONsIVENEss TO paTIENTs aND fa¸ILIEs, aND TO cREaTE wELL-fUNcTIONINg HEaLTH caRE fiNaNcE aND DELIVERy sysTE¸s THaT ¸akE HIgH-qUaLITy caRE gENUINELy aVaILabLE. FEDERaL, sTaTE, aND ORgaNIzaTIONaL aUTHORITIEs caN fOR¸ULaTE ExpLIcIT
eraC efiL-fo-dnE
STaTEs EacH yEaR ¸ay OffER bROaDER LEssONs ON EffEcTIVE cO¸¸UNIcaTION wITH
sTaNDaRDs THaT sUppORT THIs pROgREss. ÁEaLTH caRE LEaDERs, aD¸INIsTRaTORs, aND
246
cLINIcIaNs caN aLsO IDENTIfy aND cONfRONT pERsIsTINg caRE pRObLE¸s wITHIN ORgaNIzaTIONs aND I¸pLE¸ENT sysTE¸s Of accOUNTabILITy aT THE bEDsIDE, IN
s g n i n n e J d n a , r e g n i l r e B ,floW
THE cLINIc, aND IN HEaLTH caRE DELIVERy aND fiNaNcE sysTE¸s. WE caN appLy LEssONs fRO¸ fOUR DEcaDEs Of wORk IN ORDER TO aDVaNcE TOwaRD sOLUTIONs. °E ¸ILLIONs Of A¸ERIcaNs facINg LIfE-THREaTENINg cONDITIONs DEsERVE NO LEss.
notes 1 ÁafE¸EIsTER ¹², KEILITz º, BaNks SM. °E jUDIcIaL ROLE IN LIfE-sUsTaININg ¸EDIcaL TREaT¸ENT DEcIsIONs. Issues Law Med. 1991;7:53–72. 2 MEIsEL A, CER¸INaRa K², POpE ¹M. °e Right to Die: °e Law of End-of-Life Deci-
sionmaking. 3RD ED. µEw YORk: AspEN PUbLIsHERs; 2004, aND aNNUaL cU¸ULaTIVE sUppLE¸ENTs. 3 PREsIDENT’s CO¸¸IssION fOR THE STUDy Of ´THIcaL PRObLE¸s IN MEDIcINE aND BIO¸EDIcaL aND BEHaVIORaL ³EsEaRcH. Deciding to Forego Life-Sustaining Treatment: Ethical,
Medical, and Legal Issues in Treatment Decisions. WasHINgTON, ¶C: GOVERN¸ENT PRINTINg ±fficE; 1983. 4 °E ÁasTINgs CENTER. Guidelines on the Termination of Life-Sustaining Treatment and
the Care of the Dying. BLOO¸INgTON: ºNDIaNa ·NIVERsITy PREss; 1987. 5 WOLf SM, BOyLE P, CaLLaHaN ¶, ET aL. SOURcEs Of cONcERN abOUT THE PaTIENT SELf- ¶ETER¸INaTION AcT. N Engl J Med. 1991;325:1666–1671. 6 °E WRITINg GROUp fOR THE ¼u¿¿ort ºNVEsTIgaTORs. A cONTROLLED TRIaL TO I¸pROVE caRE fOR sERIOUsLy ILL HOspITaLIzED paTIENTs: THE STUDy TO ·NDERsTaND PROgNOsEs aND PREfERENcEs fOR ±UTcO¸Es aND ³Isks Of ¹REaT¸ENTs (¼u¿¿ort). ¼½¾½ 1995;274:1591–1598. [´RRaTU¸, ¼½¾½. 1996;275:1232.] 7 ²O B. º¸pROVINg caRE NEaR THE END Of LIfE: wHy Is IT sO HaRD? ¼½¾½ . 1995;274:1634–1636. 8 A¸ERIcaN COLLEgE Of PHysIcIaNs. PapERs by THE ´ND-Of-²IfE CONsENsUs PaNEL. HTTps:// www.acpONLINE .ORg / cLINIcaL -INfOR¸aTION /cLINIcaL -REsOURcEs -pRODUcTs /END -Of -LIfE -caRE/papERs-by-THE-END-Of-LIfE-caRE-cONsENsUs-paNEL. 9 A¸ERIcaN MEDIcaL AssOcIaTION. ¾m¾ pOLIcy ON END-Of-LIfE caRE. HTTp://www.a¸a -assN.ORg/a¸a/pUb/pHysIcIaN-REsOURcEs/¸EDIcaL-ETHIcs/abOUT-ETHIcs-gROUp/ETHIcs -REsOURcE-cENTER/END-Of-LIfE-caRE/a¸a-pOLIcy-END-Of-LIfE-caRE.pagE. 10 A¸ERIcaN µURsEs AssOcIaTION. POsITION sTaTE¸ENT: REgIsTERED NURsEs’ ROLEs aND REspONsIbILITIEs IN pROVIDINg ExpERT caRE aND cOUNsELINg aT THE END Of LIfE. HTTp://www .NURsINgwORLD.ORg/MaINMENUCaTEgORIEs/´THIcsSTaNDaRDs/´THIcs-POsITION-STaTE¸ENTs /ETpaIN14426.pDf. 11 AULINO F, FOLEy K. °E PROjEcT ON ¶EaTH IN A¸ERIca. J R Soc Med. 2001;94:492–495. 12 ºNsTITUTE Of MEDIcINE, CO¸¸ITTEE ON CaRE µEaR THE ´ND Of ²IfE, FIELD MJ, CassEL CK, EDs. Approaching Death: Improving Care at the End of Life . WasHINgTON, ¶C: µaTIONaL AcaDE¸IEs PREss; 1997. 13 ºNsTITUTE Of MEDIcINE, CO¸¸ITTEE ON PaLLIaTIVE aND ´ND-Of-²IfE CaRE fOR CHILDREN aND °EIR Fa¸ILIEs, FIELD MJ, BEHR¸aN ³´, EDs. When Children Die: Improving Pallia-
tive and End-of-Life Care for Children and °eir Families. WasHINgTON, ¶C: µaTIONaL AcaDE¸IEs PREss; 2002.
247
14 ²UNNEy J³, FOLEy KM, S¸ITH ¹J, GELbaND Á, ºNsTITUTE Of MEDIcINE. Describing Death in
Hastings Cent Rep. 2005;35(2):22–24. 16 CO¸¸ITTEE ON AppROacHINg ¶EaTH: ADDREssINg KEy ´ND-Of-²IfE ºssUEs. Dying in
America: Improving Quality and Honoring Individual Preferences near the End of Life. WasHINgTON, ¶C: µaTIONaL AcaDE¸IEs PREss; 2014. 17 CaRE aT THE END Of LIfE. New York Times. ±cTObER 4, 2014:A18. 18 GREER JA, JacksON ÂA, MEIER ¶´, ¹E¸EL JS. ´aRLy INTEgRaTION Of paLLIaTIVE caRE sERVIcEs wITH sTaNDaRD ONcOLOgy caRE fOR paTIENTs wITH aDVaNcED caNcER. CA Cancer J Clin. 2013;63:349–363. 19 ¹ENO JM, GOzaLO P², ByNU¸ JP, ET aL. CHaNgE IN END-Of-LIfE caRE fOR MEDIcaRE bENEficIaRIEs: sITE Of DEaTH, pLacE Of caRE, aND HEaLTH caRE TRaNsITIONs IN 2000, 2005, aND 2009.
¼½¾½. 2013;309:470–477. 20 ¹ENO JM, MITcHELL S², KUO SK, ET aL. ¶EcIsION-¸akINg aND OUTcO¸Es Of fEEDINg TUbE INsERTION: a fiVE-sTaTE sTUDy. J Am Geriatr Soc. 2011;59:881–886. 21 ÁURD M¶, MaRTORELL P, ¶ELaVaNDE A, MULLEN KJ, ²aNga KM. MONETaRy cOsTs Of DE¸ENTIa IN THE ·NITED STaTEs. N Engl J Med . 2013;368:1326–1334. 22 BERLINgER µ, JENNINgs B, WOLf SM. °e Hastings Center Guidelines for Decisions on
Life-Sustaining Treatment and Care near the End of Life. 2ND ED. µEw YORk: ±xfORD ·NIVERsITy PREss; 2013. 23 ScHELL J±, ARNOLD ³M. µEpHRO¹aLk: cO¸¸UNIcaTION TOOLs TO ENHaNcE paTIENT-cENTERED caRE. Semin Dial . 2012;25:611–616. 24 ±NcOTaLk: I¸pROVINg ONcOLOgIsTs’ cO¸¸UNIcaTION skILLs. SEaTTLE: ·NIVERsITy Of WasHINgTON. 2013. HTTp://DEpTs.wasHINgTON.EDU/ONcOTaLk. 25 °E i¿¾l pROjEcT: I¸pROVINg paLLIaTIVE caRE IN THE i»u. µEw YORk: CENTER TO ADVaNcE PaLLIaTIVE CaRE. 2013. HTTp://www.capc.ORg/IpaL/IpaL-IcU. 26 Back A², ARNOLD ³M. “ºsN’T THERE aNyTHINg ¸ORE yOU caN DO?”: WHEN E¸paTHIc sTaTE¸ENTs wORk, aND wHEN THEy DON’T. J Palliat Med. 2013;16:1429–1432. 27 BaRfiELD ³C, BRaNDON ¶, °O¸psON J, ÁaRRIs µ, ScH¸IDT M, ¶OcHERTy S. MIND THE cHILD: UsINg INTERacTIVE TEcHNOLOgy TO I¸pROVE cHILD INVOLVE¸ENT IN DEcIsION ¸akINg abOUT LIfE-LI¸ITINg ILLNEss. Am J Bioeth . 2010;10:28–30. 28 BLINDER¸aN C¶, KRakaUER ´², SOLO¸ON MZ. ¹I¸E TO REVIsE THE appROacH TO DETER¸ININg caRDIOpUL¸ONaRy REsUscITaTION sTaTUs. ¼½¾½. 2012;307:917–918. 29 BERLINgER µ, BaRfiELD ³, FLEIscH¸aN A³. FacINg pERsIsTENT cHaLLENgEs IN pEDIaTRIc DEcIsION-¸akINg: NEw ÁasTINgs CENTER gUIDELINEs. Pediatrics. 2013;132:789–791. 30 QUILL ¹´, AbERNETHy AP. GENERaLIsT pLUs spEcIaLIsT paLLIaTIVE caRE—cREaTINg a ¸ORE sUsTaINabLE ¸ODEL. N Engl J Med. 2013;368:1173–1175. 31 WILLIa¸s MÂ, ²I J, ÁaNsEN ²±, ET aL. PROjEcT ½oo¼t I¸pLE¸ENTaTION: LEssONs LEaRNED.
South Med J. 2014;107:455–465. 32 µayLOR M¶, AIkEN ²Á, KURTz¸aN ´¹, ±LDs ¶M, ÁIRscH¸aN KB. °E caRE spaN: THE I¸pORTaNcE Of TRaNsITIONaL caRE IN acHIEVINg HEaLTH REfOR¸. Health Aff (MILLwOOD). 2011;30:746–754.
eraC efiL-fo-dnE
America: What We Need to Know. WasHINgTON, ¶C: µaTIONaL AcaDE¸IEs PREss; 2003. 15 FINs JJ. ³ETHINkINg DIsORDERs Of cONscIOUsNEss: NEw REsEaRcH aND ITs I¸pLIcaTIONs.
33 ScH¸IDT ³J, MOss AÁ. ¶yINg ON DIaLysIs: THE casE fOR a DIgNIfiED wITHDRawaL. Clin J
248
Am Soc Nephrol . 2013;8:1–7. 34 ¹ENO JM, MITcHELL S², SkINNER J, ET aL. CHURNINg: THE assOcIaTION bETwEEN HEaLTH caRE TRaNsITIONs aND fEEDINg TUbE INsERTION fOR NURsINg HO¸E REsIDENTs wITH aDVaNcED cOg-
s g n i n n e J d n a , r e g n i l r e B ,floW
NITIVE I¸paIR¸ENT. J Palliat Med. 2009;12:359–362. 35 PaTHak ´B, WIETEN S, ¶jULbEgOVIc B. FRO¸ HOspIcE TO HOspITaL: sHORT-TER¸ fOLLOw-Up sTUDy Of HOspIcE paTIENT OUTcO¸Es IN a ·S acUTE caRE HOspITaL sURVEILLaNcE sysTE¸. ƾ¼
Open. 2014;4(7):E005196. 36 GOOD¸aN ¶C, MORDEN µ´, CHaNg C, ET aL. ¹RENDs IN caNcER caRE NEaR THE END Of LIfE: a ¶aRT¸OUTH ATLas Of ÁEaLTH CaRE bRIEf. ÁaNOVER, µÁ: ¶aRT¸OUTH ºNsTITUTE fOR ÁEaLTH POLIcy aND CLINIcaL PRacTIcE; 2013. HTTp://www.DaRT¸OUTHaTLas.ORg/DOwNLOaDs/REpORTs /CaNcER_bRIEf_090413.pDf. 37 FENg Z, WRIgHT B, MOR Â. SHaRp RIsE IN MEDIcaRE ENROLLEEs bEINg HELD IN HOspITaLs fOR ObsERVaTION RaIsE cONcERNs abOUT caUsEs aND cONsEqUENcEs. Health Aff (MILLwOOD). 2012;31:1251–1259. 38 ´xpERTs IN CHRONIc MyELOID ²EUkE¸Ia. °E pRIcE Of DRUgs fOR cHRONIc ¸yELOID LEUkE¸Ia (»ml) Is a REflEcTION Of THE UNsUsTaINabLE pRIcEs Of caNcER DRUgs: fRO¸ THE pERspEcTIVE Of a LaRgE gROUp Of »ml ExpERTs. Blood. 2013;121:4439–4442.
´Ry To ¶emembeR Some DeTA±ls Yehuda Amichai
¹Ry TO RE¸E¸bER sO¸E DETaILs. ³E¸E¸bER THE cLOTHINg Of THE ONE yOU LOVE sO THaT ON THE Day Of LOss yOU’LL bE abLE TO say: LasT sEEN wEaRINg sUcH-aND-sUcH, bROwN jackET, wHITE HaT. ¹Ry TO RE¸E¸bER sO¸E DETaILs. FOR THEy HaVE NO facE aND THEIR sOUL Is HIDDEN aND THEIR cRyINg Is THE sa¸E as THEIR LaUgHTER, aND THEIR sILENcE aND THEIR sHOUTINg RIsE TO ONE HEIgHT aND THEIR bODy TE¸pERaTURE Is bETwEEN 98 aND 104 DEgREEs aND THEy HaVE NO LIfE OUTsIDE THIs NaRROw spacE aND THEy HaVE NO gRaVEN I¸agE, NO LIkENEss, NO ¸E¸ORy aND THEy HaVE papER cUps ON THE Day Of THEIR REjOIcINg aND papER cUps THaT aRE UsED ONcE ONLy.
¹Ry TO RE¸E¸bER sO¸E DETaILs. FOR THE wORLD Is fiLLED wITH pEOpLE wHO wERE TORN fRO¸ THEIR sLEEp wITH NO ONE TO ¸END THE TEaR, aND UNLIkE wILD bEasTs THEy LIVE EacH IN HIs LONELy HIDINg pLacE aND THEy DIE TOgETHER ON baTTLEfiELDs aND IN HOspITaLs. AND THE EaRTH wILL swaLLOw aLL Of THE¸, gOOD aND EVIL TOgETHER, LIkE THE fOLLOwERs Of KORaH, aLL Of THE¸ IN THEIR REbELLION agaINsT DEaTH,
YEHUDa A¸IcHaI, “¹Ry TO ³E¸E¸bER SO¸E ¶ETaILs,” fRO¸ Selected Poetry of Yehuda Amichai, TRaNs. CHaNa BLOcH aND STEpHEN MITcHELL (BERkELEy: ·NIVERsITy Of CaLIfORNIa PREss, 2013), 158. © 2013 by °E ³EgENTs Of THE ·NIVERsITy Of CaLIfORNIa. ³EpRINTED by pER¸IssION Of ·NIVERsITy Of CaLIfORNIa PREss.
THEIR ¸OUTHs OpEN TILL THE LasT ¸O¸ENT,
250
pRaIsINg aND cURsINg IN a sINgLE HOwL. ¹Ry, TRy
iahcimA aduheY
TO RE¸E¸bER sO¸E DETaILs.
FA±l±ng To ´hR±Ve? Kim Sue
“Failure to Thrive” º REcENTLy TOOk caRE Of aN 80-yEaR-OLD paTIENT Na¸ED ´¸¸a (a psEUDONy¸), wHO was fOUND DOwN, UNREspONsIVE, IN a LaRgE pOOL Of bLOODy VO¸IT IN HER apaRT¸ENT. SHE was DEscRIbED IN HER cHaRT as aN “80F aD¸ITTED wITH faLL, UNREspONsIVE, REcENT 30 Lb wEIgHT LOss.” SHE LIVED aLONE aND was cONsIDERED LUcky TO bE fOUND RELaTIVELy qUIckLy by a fRIEND wHO sO¸ETI¸Es ca¸E TO cHEck ON HER. ±RIgINaLLy fRO¸ sOUTHERN ´UROpE, sHE HaD bEEN LIVINg IN MassacHUsETTs fOR THE pasT TwENTy yEaRs, aND HER cLOsEsT fa¸ILy was IN CaLIfORNIa. ´¸¸a was aD¸ITTED TO THE INTENsIVE caRE UNIT aND, wITH THE ¸INIsTRaTIONs Of ¸ODERN ¸EDIcaL TEcHNOLOgy, INcLUDINg ¸EcHaNIcaL VENTILaTORs aND ¸EDIcaTIONs TO HELp kEEp bLOOD pREssUREs HIgH, sHE LIVED. °Is was THE sEcOND TI¸E IN sIx ¸ONTHs THaT sHE HaD bEEN aD¸ITTED TO THE INTENsIVE caRE UNIT aſtER bEINg fOUND UNREspONsIVE IN HER HO¸E. ºN THE INTENsIVE caRE UNIT, THEy fOUND sHE HaD a VERy LOw bLOOD cOUNT aND DIscOVERED sHE HaD a gasTROINTEsTINaL bLEED. SHE HaD aN ExTENsIVE wORk-Up, INcLUDINg aN ENDOscOpy aND cOLONOscOpy, aND THEy sTILL cOULD NOT fiND THE sOURcE. AſtER sHE was TRaNsfERRED TO THE gENERaL ¸EDIcaL flOOR, º ca¸E by ON ¸y ROUNDs TO cHEck ON HER EVERy ¸ORNINg. SHE was INcREDIbLy fRaIL, sITTINg wITH HER TINy LEgs pROppED Up ON a fOOTsTOOL. ´VERy Day sHE wOULD DENy HaVINg aNy bLOOD IN HER bOwEL ¸OVE¸ENTs. “µO bLOOD, NO paIN, DOcTOR. CaN º gO HO¸E TODay?” ±R ¸aybE IT was, “¶OcTOR, caN º gO HO¸E TODay?” “µOT jUsT yET,” º’D REpLy, “ONE ¸ORE THINg TO DO.” WHaT was THE pLaN fOR THIs wO¸aN, wHOsE DIagNOsIs HaD EVOLVED fRO¸ a gasTROINTEsTINaL bLEED TO “faILURE TO THRIVE”? As º gRappLED wITH wHaT was aT sTakE fOR HER, aND HaD TO DENy HER REqUEsT TO gO HO¸E EVERy sINgLE Day, º
KI¸ SUE, “FaILINg TO °RIVE?,” fRO¸ Medicine Anthropology °eory 3, NO. 3 (2016): 96–104. © 2016 by KI¸ SUE. ³EpRINTED by pER¸IssION UNDER THE CREaTIVE CO¸¸ONs ATTRIbUTION 4.0 ºNTERNaTIONaL PUbLIc ²IcENsE, aVaILabLE aT HTTps://cREaTIVEcO¸¸ONs.ORg/LIcENsEs/by/4.0/LEgaLcODE.
THOUgHT abOUT HOw INcREasINgLy cO¸¸ON IT Is fOR ¸EDIcaL pRacTITIONERs TO
252
UsE THIs TER¸ “faILURE TO THRIVE,” sHORTENED IN OUR NOTEs TO sI¸pLy “Àtt.” “Àtt” Is a ¸EDIcO-LEgaL TER¸ INITIaLLy UsED IN a pEDIaTRIc pOpULaTION (DIs-
e u S m i K
cUssED fURTHER bELOw), bUT TODay’s ºNTERNaTIONaL CLassIficaTION Of ¶IsEasE (i»d-10, pUbLIsHED by THE WORLD ÁEaLTH ±RgaNIzaTION) INcLUDEs DIagNOsIs cODEs fOR HOspITaL aND cLINIcaL bILLINg fOR bOTH cHILDREN (³62.51) aND aDULTs (³62.7). °EsE aRE bOTH gROUpED wITHIN THE LaRgE DIagNOsTIc cODE 640: “MIscELLaNEOUs DIsORDERs Of NUTRITION, ¸ETabOLIs¸, flUIDs aND ELEcTROLyTEs.” WITH REgaRD TO cHILDREN, THE cLINIcaL INfOR¸aTION NOTEs THaT THERE Is “sUbsTaNDaRD gROwTH OR DI¸INIsHED capacITy TO ¸aINTaIN NOR¸aL fUNcTION,” aT TI¸Es “DUE TO NUTRITIONaL aND/OR E¸OTIONaL DEpRIVaTION aND REsULTINg IN LOss Of wEIgHT aND DELayED pHysIcaL, E¸OTIONaL, aND sOcIaL DEVELOp¸ENT” (Ého 2016, N.p.). Àtt caN bE Of ORgaNIc, INORgaNIc, OR ¸IxED ETIOLOgIEs, IN wHIcH THE fiRsT Is UNDERsTOOD TO bE a pRObLE¸ wITHIN THE paTIENT, THE sEcOND as a pRObLE¸ IN THE paTIENT’s ENVIRON¸ENT, aND THE THIRD a cO¸bINaTION Of TwO. FOR aDULTs, THE i»d-10 DEfiNITION Is a “pROgREssIVE fUNcTIONaL DETERIORaTION Of a pHysIcaL aND cOgNITIVE NaTURE. °E INDIVIDUaL’s abILITy TO LIVE wITH ¸ULTIsysTE¸ DIsEasEs, cOpE wITH ENsUINg pRObLE¸s, aND ¸aNagE HIs/HER caRE aRE RE¸aRkabLy DI¸INIsHED” (Ého 2016, N.p.). ºN cLINIcaL pRacTIcE, IT caN bE UsED as a sTaND-IN fOR UNExpEcTED wEIgHT LOss. ºT caN aLsO bE UsED as a pROxy wHEN cLINIcIaNs aND TEa¸s TakINg caRE Of paTIENTs aRE facED wITH fREqUENT aD¸IssIONs fOR paTIENTs wITH faLLs, faILINg TO ¸EET NUTRITIONaL basIc caLORIc NEEDs TO sUsTaIN sTabLE wEIgHT, OR OTHERwIsE ExIsTINg IN a TENUOUs OR UNsTabLE LIVINg ENVIRON¸ENT. ºT appEaRs THaT wITHIN THE cO¸¸ON UsagE Of THE TER¸ Àtt, ¸EDIcINE Is acTUaLLy gRappLINg wITH THE sTRONg fORcE Of THE sOcIaL ITsELf.
“Lassitude, Loss of Energ· and Joie de Vivre” ÁIsTORIcaLLy, THE TER¸ “faILURE TO THRIVE” E¸ERgED IN THE LaTE NINETEENTH cENTURy. °ERE was aN ONgOINg cONTEsT Of IDEas abOUT wHaT pREcIsELy cONsTITUTED faILURE: was IT RELaTED TO NUTRITION, paRTIcULaR VITa¸IN DEficIENcIEs, ¸aTERNaL NEgLEcT, cONgENITaL abNOR¸aLITIEs, OR pHysIOLOgIcaL DEVELOp¸ENT Of EssENTIaL ORgaNs? °E VaRIOUs sTaNcEs LaRgELy REflEcTED THE cULTURaL aND pOLITIcaL IDEas aND bIasEs Of THE gROUps fORwaRDINg THE¸. °E LaTE ÂIcTORIaN ERa was DO¸INaTED by bOTH INcREasED aTTENTION TO cHILD wELfaRE as wELL as THE E¸ERgENcE Of THE IDEa Of pUbLIc HEaLTH as a DIscIpLINE aND a ¸EaNs Of cOLLEcTIVE INTERVENTION.
ºN THE ·NITED STaTEs, THE TER¸ “faILURE TO THRIVE” bEca¸E pOpULaR IN pEDIaTRIc cLINIcaL ¸EDIcINE IN THE LaTE 1960s, wITH RObUsT UsE IN THE LITERaTURE
253
TRIsTs assOcIaTED THE DIagNOsIs wITH NEgLEcT bETwEEN THE ¸OTHER aND cHILD (sEE BULLaRD ET aL. 1967) OR TO REfER TO aN abERRaNT bOND bETwEEN THE ¸OTHER aND THE cHILD (sEE, fOR Exa¸pLE, ´L¸ER 1960). ´VEN THEN, IT was a fRUsTRaTINg TER¸ TO sO¸E; ÁENRy MaRcOVITcH (1994, 35) NOTEs IT was pRI¸aRILy a “DEscRIpTIVE TER¸, NOT a DIagNOsIs,” ¸aRkED by “EVIDENcE Of LassITUDE, LOss Of ENERgy aND jOIE DE VIVRE.” °OsE wORkINg IN INpaTIENT HOspITaL sETTINgs NOTED THaT “faILURE TO THRIVE” cOULD bE DIagNOsED by wEIgHT bELOw THE THIRD pERcENTILE “wITH sUbsEqUENT wEIgHT [gaIN] IN THE pREsENcE Of appROpRIaTE NURTURINg”; THEy fELT THaT was “cHaRacTERIsTIc Of THE cHILD wITH faILURE TO THRIVE TO HaVE I¸pROVE¸ENT Of THEsE sy¸pTO¸s wITH HOspITaLIzaTION” (BaRbERO aND SHaHEEN 1967, 640), sUggEsTINg pRObLE¸s wITHIN THE cHILD’s HO¸E ENVIRON¸ENT. ºNITIaLLy, THERE was a sTRONg DIsTINcTION bETwEEN “ORgaNIc” VERsUs “NONORgaNIc” faILURE TO THRIVE (REaD: bIOLOgIcaL VERsUs sOcIaL). ALTE¸EIER aND cOLLEagUEs (1985, 361) DEscRIbED “NONORgaNIc faILURE TO THRIVE” as a “fOR¸ Of ¸aTERNaL NEgLEcT, bEcaUsE RapID I¸pROVE¸ENT IN bOTH gROwTH aND DEVELOp¸ENT fOLLOws aDEqUaTE NUTRITION aND E¸OTIONaL sUppORT IN THE HOspITaL.” YET INcREasINgLy pEDIaTRIcIaNs REcOgNIzED THE cO¸pLEx INTERpLay bETwEEN a cHILD’s pOsITION wITHIN gROwTH cURVEs aND UNDERLyINg ¸EDIcaL cONDITIONs, paRENTaL bEHaVIOR, pOVERTy, aND THE OVERaLL HO¸E ENVIRON¸ENT (MaRkOwITz ET aL. 2008, 481). ºNTEREsTINgLy, THE DIagNOsIs Of Àtt Has bEgUN TO faLL OUT Of faVOR. FOR pEDIaTRIcIaNs IN paRTIcULaR, Àtt Is NO LONgER EN VOgUE. PaRENTs DIsLIkE THE TER¸ Àtt fOR ITs VagUE aLL-ENcO¸passINg NaTURE aND THE I¸pLIcaTIONs Of ¸ORaL wRONgDOINg. °ERE Is sTIg¸a abOUT bEINg a paRENT Of a cHILD wITH Àtt, aND fOR THaT REasON IT Is bEcO¸INg INcREasINgLy abaNDONED as a DIagNOsTIc TER¸ IN pEDIaTRIcs. BUT THE INVERsE Is TRUE REgaRDINg Àtt aND aDULTs. ±VER THE pasT TwENTy yEaRs, Àtt Has bEcO¸E UsED IN RELaTION TO THE caDRE Of ELDERLy pEOpLE LIVINg aLONE wHO OſtEN gO UNsEEN OR UNHEaRD UNTIL THEy aRRIVE IN THE HOspITaL IN DIsTREss. As ³ObERTsON aND MONTagNINI (2004, 343) wRITE, “FaILURE TO THRIVE DEscRIbEs a sTaTE Of DEcLINE THaT Is ¸ULTIfacTORIaL aND ¸ay bE caUsED by cHRONIc cONcURRENT DIsEasEs aND fUNcTIONaL I¸paIR¸ENTs . . . INcLUDINg wEIgHT LOss, DEcREasED appETITE, pOOR NUTRITION aND INacTIVITy.” ºN THE HOspITaL wHERE º wORk, wE sEE paTIENTs wHO aRE ELDERLy, wHO aRE HO¸ELEss, wHO aRE DyINg Of ¾id¼ OR caNcER, wHO aRE cHRONIcaLLy ¸aLNOURIsHED; THEy aLL VaRIOUsLy caN bE DIagNOsED wITH Àtt.
?evirhT ot gniliaF
THROUgHOUT THE 1970s aND 1980s. ºN THE EaRLy UsE Of THE TER¸, cHILD psycHIa-
ARRIVINg aT THE HOspITaL IN THE way THaT ´¸¸a DID aDDs a cERTaIN I¸¸E-
254
DIacy aND INTENsIficaTION TOwaRD THE sOcIaL wORLDs Of sUcH paTIENTs by bOTH cLINIcIaNs aND THE fa¸ILy ¸E¸bERs Of paTIENTs. PHysIcIaNs aND caRE TEa¸s
e u S m i K
IN HOspITaLs aRE ROUTINELy TaskED wITH aDDREssINg THE faTEs Of THEsE paTIENTs, aND THE way THEy DO sO sHapEs THE cOURsE Of THEsE INDIVIDUaLs’ LIVEs. ´¸¸a Is NOT UNIqUE. °E New York Times pROfiLED a pERsON Na¸ED GEORgE BELL, wHOsE OſtEN LONELy LIfE aND LONELy DEaTH was cHRONIcLED IN gREaT DETaIL, as aN ExE¸pLaR Of aN INcREasINgLy sOLITaRy, agINg pOpULaTION (KLEINfELD 2015). SOcIOLOgIsT ´RIc KLINENbERg (2001) wRITEs abOUT THIs pHENO¸ENON IN HIs aRTIcLE “¶yINg ALONE: °E SOcIaL PRODUcTION Of ·RbaN ºsOLaTION,” wHIcH aNaLyzEs THE 1995 CHIcagO HEaT waVE THaT kILLED OVER sEVEN HUNDRED ¸OsTLy ELDERLy, IsOLaTED CHIcagO REsIDENTs, aND wHIcH was fOLLOwED by HIs bOOk, Going Solo:
°e Extraordinary Rise and Surprising Appeal of Living Alone (2012). °E appEaL Of bEINg aLONE aND LIVINg aLONE Is wOVEN INTO THE A¸ERIcaN ETHOs Of sELf-DETER¸INaTION, aUTONO¸y, aND INDEpENDENcE, INcLUDINg THE fREEDO¸ TO LIVE aND DIE IN cIRcU¸sTaNcEs Of OUR OwN cHOOsINg. ÁOspITaLs aRE pLacEs wHERE pEOpLE wHO Lack a sOcIaL safETy NET, LIkE ´¸¸a aND GEORgE BELL, aRE bROUgHT. ºN facT, wE ROUTINELy aD¸IT aND DIscHaRgE paTIENTs LIkE THE¸ EVERy Day. WHaT Is ¸y ETHIcaL ObLIgaTION as a pHysIcIaN TO THEsE paTIENTs—TO DO NO HaR¸, TO pRO¸OTE safETy, TO ENsURE THE bEsT cHaNcEs Of HEaLTH aND wELL-bEINg—VERsUs ¸y ¸ORaL ObLIgaTION TO HONOR aND REspEcT aNOTHER pERsON’s aUTONO¸y? ºs IT ¸y ObLIgaTION OR RIgHT TO DENy ´¸¸a THE OppORTUNITy TO DIE IN THE TI¸E aND pLacE Of HER OwN cHOOsINg, as a DIREcT REsULT Of wHaT sO¸E ¸IgHT DEE¸ TO bE faILUREs Of sELf-caRE bUT IN THE cONDITIONs Of HER OwN DETER¸ININg? SHaRON KaUf¸aN (2005, 1) aRgUEs fRO¸ HER ETHNOgRapHIc wORk ON DyINg IN HOspITaLs THaT as HU¸aN bEINgs aND as pHysIcIaNs wE HaVE a “DEEp, INTERNaL a¸bIVaLENcE abOUT DEaTH”; sHE aRgUEs THaT THE pROcEss Of HOspITaLIzaTION ExTENDs aND INDELIbLy aLTERs THE pROcEss Of THE “gRay zONE aT THE THREsHOLD bETwEEN LIfE aND DEaTH.” º a¸ facED wITH THIs DILE¸¸a wITH ´¸¸a. ÁER HOspITaLIzaTION pOsEs sIgNIficaNT ExIsTENTIaL qUEsTIONs abOUT THE qUaLITy aND qUaNTITy Of HER LIfE aND THE INEVITabILITy Of HER DEaTH. º a¸ facED wITH THE I¸¸EDIacy aND sTakEs Of aNOTHER’s LIfE; º a¸ I¸pLIcaTED IN EITHER acTION OR INacTION. WHaT a¸ º cO¸pELLED TO DO wITH THE pRIVaTE, INTI¸aTE kNOwLEDgE Of aNOTHER’s paTHOLOgy LaID baRE IN THE HOspITaL REcORDs? As pHysIcIaNs EVERy Day wE cONfRONT THEsE REaLITIEs Of ¸Essy LIVEs aND DEaTHs sO OſtEN HIDDEN away: “WE sTaND IN THE THIck Of HU¸aN ExpERIENcE, IN THE spacE Of HU¸aN pRObLE¸s, IN THE REaL-LIfE LOcaL pLacEs wHERE pEOpLE LIVE IN THE facE Of DaNgERs, gRaVE aND ¸INOR, REaL aND I¸agINED” (KLEIN¸aN 1998, 376).
²n Thriving 255 ONE ELsE’s LIfEwORLD, THaT aT THE VERy LEasT, wE caN REcOgNIzE THE sHIſtINg bELIEfs aND NaRRaTIVEs THaT gROUND ExpERIENcE. BUT ¸y pROfEssIONaL ObLIgaTION as a pHysIcIaN, by aN UNcODIfiED, I¸pLIcIT, bIOETHIcaL sTaNcE, Is TO assURE as ¸UcH safETy as pOssIbLE, TO cREaTE THE cONDITIONs fOR pHysIcaL flOURIsHINg EVEN aT THE ExpENsE Of HappINEss aND aUTONO¸y. YET VERy RaRELy DO OUR THOUgHT pROcEssEs TakE INTO accOUNT “wHaT Is aT sTakE” (KLEIN¸aN aND BENsON 2006, E294) fOR pEOpLE wITHIN THEsE ENcOUNTERs. ºN ¸aNy ways, THEsE ENcOUNTERs Of pHysIcIaNs wITH paTIENTs LabELED as “faILURE TO THRIVE” REpREsENT THE pRObLE¸ Of wITNEssINg aND cONfRONTINg a sUffERINg OTHER. ºN ¸y casE, º fEEL cONflIcTED by sHIſtINg ROLEs aND ObLIgaTIONs as a HU¸aN bEINg, as paRT Of a cO¸¸UNITy pLagUED by sOcIaL INEqUaLITIEs IN wHIcH sO¸E pEOpLE Lack OR sHIRk aDEqUaTE sOcIaL aND fiNaNcIaL sUppORTs, aND as a pHysIcIaN wITH a spEcIfic pROfEssIONaL ObLIgaTION TO INDIVIDUaL paTIENTs. WHaT a¸ º TO DO If º caNNOT pREscRIbE yOU THE cO¸¸UNITy sUppORTs yOU NEED? CaN º wRITE yOU a pREscRIpTION fOR LOVE, fOR a fRIEND? CaN º wRITE yOUR cHILDREN a wORk NOTE EVERy Day fOR a ¸ONTH sO THaT THEy caN spEND ¸ORE TI¸E wITH yOU, cHEck ON yOU EVERy Day, aND HELp yOU baTHE aND sHOwER aND TOILET aND TakE yOUR ¸EDIcaTIONs? CaN º gET yOU a 24-HOUR HO¸E HEaLTH aIDE If yOU aND yOUR fa¸ILy DON’T HaVE THE REsOURcEs TO DO sO? °Is gENEaLOgy Of faILURE TO THRIVE Is pERHaps IRONIcaLLy cONsIDERED wITHIN THE REaL¸ Of ¸y ¸EDIcaL INTERNsHIp aND REsIDENcy TRaININg, wHERE º wORk appROxI¸aTELy EIgHTy HOURs a wEEk IN THE HOspITaL as paRT Of ONgOINg ¸EDIcaL TRaININg. WHaT DOEs IT ¸EaN TO bE wELL wITHIN THIs cONTExT? WHaT DOEs IT ¸EaN, gENERaLLy spEakINg, TO cULTIVaTE THE cONDITIONs Of wELLNEss, pROspERITy, HappINEss, OR sELf-caRE Of THE caREgIVERs? ·.S. DOcTORs kNOw OUR cOLLEagUEs IN ´UROpE wORk abOUT HaLf THE NU¸bER Of HOURs (appROxI¸aTELy 37 TO 48 HOURs pER wEEk) aND E¸ERgE wITH sI¸ILaR cO¸pETENcIEs as paRT Of ¸ORE EffEcTIVE HEaLTH caRE aND pUbLIc HEaLTH sysTE¸s wITH OVERaLL bETTER HEaLTH OUTcO¸Es (¹E¸pLE 2014). ºN THE ·NITED STaTEs, “INTERN yEaR,” THE fiRsT yEaR Of ¸EDIcaL REsIDENcy TRaININg, Is OſtEN DIscUssED as ONE Of THE HaRDEsT yEaRs Of a pHysIcIaN’s LIfE. SO¸ETI¸Es IT Is cHaLkED Up TO “HazINg.” ºNTERN yEaR Is LaRgELy DEfiNED by THE I¸pOssIbILITy Of aDDREssINg HIgHER-ORDER cO¸pLEx sOcIaL aND cOgNITIVE pROcEssEs IN THE absENcE Of ¸EETINg bIOLOgIcaL aND pHysIOLOgIcaL NEEDs sUcH as aDEqUaTE sLEEp aND fOOD. As yOUNg pHysIcIaNs TRaININg IN THE ·NITED STaTEs, wE aRE askED TO THINk cRITIcaLLy aND aNaLyTIcaLLy abOUT THE EVERyDay DILE¸¸as
?evirhT ot gniliaF
As aNTHROpOLOgIsTs, wE ¸aINTaIN faITH IN THE bELIEf THaT wE caN accEss sO¸E-
facED by OUR paTIENTs aND REspOND TO THE¸ E¸paTHETIcaLLy, bUT THIs aNaLysIs Is
256
NOT appLIED TO OURsELVEs as caREgIVERs. ±N THE facE Of IT, THE Task Of caRINg fOR Àtt paTIENTs THaT faLLs ONTO ¸EDIcaL
e u S m i K
TRaINEEs sEE¸s I¸pOssIbLE. AND pHysIcIaNs DON’T LIkE DEaLINg wITH THE spacEs IN-bETwEEN. “FaILURE TO THRIVE” Is pREcIsELy THaT ¸Essy IN-bETwEEN THaT bOTH paTIENTs aND THEIR caREgIVERs waNT TO aVOID. YET IT Is a DIagNOsTIc caTEgORy THaT REflEcTs ONgOINg TE¸pORaLITy aND a DyNa¸Ic, UNcERTaIN pROcEss. ºT Is INcREasINgLy bEcO¸INg a paRT Of agINg IN A¸ERIca, REflEcTINg sOcIaL IsOLaTION aND THE THIN THREaDs Of cO¸¸UNITy aND UNpaID HOURs spENT by fa¸ILy ¸E¸bERs gRappLINg wITH THE VERy sa¸E DILE¸¸as. As MIcHaEL JacksON (2011, xIII) REflEcTs ON HIs wORk wITH THE KURaNkO pEOpLE IN SIERRa ²EONE: JUsT as HU¸aN ExIsTENcE Is NEVER sI¸pLy aN UNfOLDINg fRO¸ wITHIN bUT RaTHER aN OUTcO¸E Of a sITUaTION, Of a RELaTIONsHIp wITH OTHERs, sO HU¸aN UNDERsTaNDINg Is NEVER bORN Of cONTE¸pLaTINg THE wORLD fRO¸ afaR; IT Is aN E¸ERgENT aND pERpETUaLLy RENEgOTIaTED OUTcO¸E Of sOcIaL INTERacTION, DIaLOgUE aND ENgagE¸ENT. AND THOUgH sO¸ETHINg Of ONE’s OwN ExpERIENcE—Of HOpE OR DEspaIR, affiNITy OR EsTRaNgE¸ENT, wELL-bEINg OR ILLNEss— Is aLways ONE’s pOINT Of DEpaRTURE, THIs ExpERIENcE cONTINUaLLy UNDERgOEs a sEa cHaNgE IN THE cOURsE Of ONE’s ENcOUNTERs aND cONVERsaTIONs wITH OTHERs. ²IfE TRaNspIREs IN THE sUbjEcTIVE IN-bETwEEN, IN a spacE THaT RE¸aINs INDETER¸INaTE DEspITE OUR aTTE¸pTs TO fix OUR pOsITION wITHIN IT. WHILE aNTHROpOLOgIsTs HaVE TRIED TO UNDERsTaND UpsTREa¸ sOURcEs Of sUffERINg—wHaT Is HERE caLLED “faILURE TO THRIVE” IN ´¸¸a’s casE—KLEIN¸aN aND WILkINsON (2016) aRgUE THaT THE sOcIaL scIENcEs, aNTHROpOLOgy INcLUDED, HaVE LaRgELy faILED TO ENacT THE REpaRaTIVE VIsIONs Of sOcIETy LaID OUT by EIgHTEENTH- aND NINETEENTH-cENTURy THINkERs LIkE ADa¸ S¸ITH, JOHN STUaRT MILL, JOHN ²OckE, aND ÂOLTaIRE. SO bOTH aNTHROpOLOgy aND ¸EDIcINE HaVE, IN THEIR OwN ways, DONE INaDEqUaTE jObs Of aDDREssINg THE ROOT caUsEs Of INEqUaLITy aND THEIR cONsEqUENT sOcIaL sUffERINg. °E DENOTaTION Of “faILURE TO THRIVE” sHOULD bEgET THE qUEsTION Of wHy ONLy sO¸E faIL TO THRIVE. ºN ¸aNy ways, faILURE TO THRIVE Is THE REsULT Of THE UNEqUaL DIsTRIbUTION Of pOLITIcaL aND sOcIOEcONO¸Ic pOwER aND capITaL. WHEN º THINk abOUT THE casEs Of paTIENTs LIkE ´¸¸a, º a¸ pOsITIONED bETwEEN OſtEN-cONflIcTINg wORLDVIEws aND sTaNcEs TOwaRD INDIVIDUaL aND sOcIaL sUffERINg. YET IN ¸y ROLE as a DOcTOR, º a¸ cO¸pELLED TO TakE acTION EVERy Day. °EsE aRE DEcIsIONs THaT caN aND DO HaVE a LONg-LasTINg I¸pacT ON OTHERs’ LIVEs, aN I¸pacT THaT º ¸ay NEVER ENTIRELy kNOw THE cONsEqUENcEs Of. º OſtEN wONDER HOw wE caN ¸aINTaIN OUR HU¸aNITy IN THE facE Of aLL Of
THIs, INcLUDINg THE pREssUREs fRO¸ HOspITaL sysTE¸s TO ¸OVE paTIENTs qUIckLy OUT Of THE HOspITaL, TOwaRD aN ULTI¸aTE “DIspOsITION.” ÁOw caN wE aTTEND TO
257
sITUaTIONs aND THE VERy REaL cONsTRaINTs IN THEIR sOcIaL ¸ILIEUs THaT caNNOT bE sOLVED wITH a THREE-Day HOspITaL aD¸IssION? As EssayIsT ²EsLIE Ja¸IsON (2014, 23) wRITEs IN HER bOOk °e Empathy
Exams, wE sHOULD NOT NEcEssaRILy LOsE HOpE IN OUR abILITIEs TO caRE fOR OTHERs: “´¸paTHy IsN’T jUsT sO¸ETHINg THaT HappENs TO Us—a ¸ETEOR sHOwER Of syNapsEs fiRINg acROss THE bRaIN—IT’s aLsO a cHOIcE wE ¸akE: TO pay aTTENTION, TO ExTEND OURsELVEs . . . THE LabOR, THE ¸OTIONs, THE DaNcE—Of gETTINg INsIDE aNOTHER pERsON’s sTaTE Of HEaRT OR ¸IND.” °Is wE caN DO cONfiDENTLy. WE caN aTTEND paTIENTLy THE paRTIcULaRs Of INDIVIDUaL sITUaTIONs. WE caN LIsTEN. BUT wE ¸UsT RE¸E¸bER TO DO THIs wHILE aLsO aDDREssINg THE OVERaLL sTRUcTUREs Of pOwER aND VULNERabILITy, wHEREby THOsE aT THE sOcIaL ¸aRgINs aRE ¸OsT affEcTED. AND wE caNNOT fORgET THaT HOw THEsE sTRUcTUREs aRE assE¸bLED aND INTERacT INflUENcEs OUR abILITy TO aTTEND TO ONE aNOTHER as wE ENVIsION aLTERNaTE ways Of LIVINg, caRINg, aND DyINg.
re½eren¾es ALTE¸EIER, WILLIa¸, SUsaN ±’CONNOR, KaTHRyN SHERROD, aND PETER ÂIETzE. 1985. “PROspEcTIVE STUDy Of ANTEcEDENTs Of µONORgaNIc FaILURE TO °RIVE.” Journal of Pediatrics 106: 360–365. BaRbERO, GIULIO, aND ´LEaNOR SHaHEEN. 1967. “´NVIRON¸ENTaL FaILURE TO °RIVE: A CLINIcaL ÂIEw.” Journal of Pediatrics 71: 639–644. BULLaRD, ¶ExTER, ÁELEN GLasER, MaRgaRET ÁEagaRTy, aND ´LIzabETH PIVcHIk. 1967. “FaILURE TO °RIVE IN THE ‘µEgLEcTED’ CHILD.” American Journal of Orthopsychiatry 37: 680–690. ´L¸ER, ´LIzabETH. 1960. “FaILURE TO °RIVE: ³OLE Of THE MOTHER.” Pediatrics 25: 717–725. FRaNk, ¶., aND S. ZEIsEL. 1988. “FaILURE TO °RIVE.” Pediatric Clinics of North America 35: 1187–1206. JacksON, MIcHaEL. 2011. Life within Limits. ¶URHa¸, µC: ¶UkE ·NIVERsITy PREss. Ja¸IsON, ²EsLIE. 2014. °e Empathy Exams. MINNEapOLIs, Mµ: GRaywOLf PREss. KaUf¸aN, SHaRON. 2005. And a Time to Die. CHIcagO: ·NIVERsITy Of CHIcagO PREss. KLEINfELD, µ.³. 2015. “°E ²ONELy ¶EaTH Of GEORgE BELL.” New York Times , 18 ±cTObER, A1. KLEIN¸aN, ARTHUR. 1998. “´xpERIENcE aND ºTs MORaL MODEs: CULTURE, ÁU¸aN CONDITIONs, aND ¶IsORDER. °E ¹aNNER ²EcTURE ON ÁU¸aN ÂaLUEs.” PREsENTaTION aT STaNfORD ·NIVERsITy, PaLO ALTO, CA, 13–16 ApRIL. KLEIN¸aN, ARTHUR, aND PETER BENsON. “ANTHROpOLOgy IN THE CLINIc: °E PRObLE¸ Of CULTURaL CO¸pETENcy aND ÁOw TO FIx ºT.” PLoS Medicine 3, NO. 10: E294. HTTps://DOI.ORg /10.1371/jOURNaL.p¸ED.0030294.
?evirhT ot gniliaF
THEsE paTIENTs wITH caRE, ackNOwLEDgINg THE spEcIficITIEs Of THEIR INDIVIDUaL
KLEIN¸aN, ARTHUR, aND ºaIN WILkINsON. 2016. A Passion for Society: How We °ink about
258
Human Suffering. BERkELEy: ·NIVERsITy Of CaLIfORNIa PREss. KLINENbERg, ´RIc. 2001. “¶yINg ALONE: °E SOcIaL PRODUcTION Of ·RbaN ºsOLaTION.” Eth-
nography 2: 501–531. e u S m i K
KLINENbERg, ´RIc. 2012. Going Solo: °e Extraordinary Rise and Surprising Appeal of Liv-
ing Alone. µEw YORk: PENgUIN. MaRcOVITcH, ÁaRVEy. 1994. “FaILURE TO °RIVE.” British Medical Journal 308: 35–38. MaRkOwITz, ³ObERT, JOHN WaTkINs, aND CHRIsTOpHER ¶UggaN. 2008. “FaILURE TO °RIVE: MaLNUTRITION IN THE PEDIaTRIc ±UTpaTIENT SETTINg.” Nutrition in Pediatrics. 4TH ED., 479–89. Áa¸ILTON, ±NTaRIO: BC ¶EckER ºNc. ³ObERTsON, ³UssELL, aND MaRcOs MONTagNINI. 2004. “GERIaTRIc FaILURE TO °RIVE.” Ameri-
can Family Physician 70: 343–350. ¹E¸pLE, JOHN. 2014. “³EsIDENT ¶UTy ÁOURs aROUND THE GLObE: WHERE ARE WE µOw?” ƾÃ
Medical Education 14: S1–S8. WORLD ÁEaLTH ±RgaNIzaTION. 2016. “ºNTERNaTIONaL STaTIsTIcaL CLassIficaTION Of ¶IsEasEs aND ³ELaTED ÁEaLTH PRObLE¸s,” 10TH ³EVIsION. HTTp://apps.wHO.INT/cLassIficaTIONs/IcD10 /bROwsE/2014/EN.
´he DeAd DonoR ¶ule And ORgAn ´RAnsPlAnTAT±on Robert D. Truog and Franklin G. Miller
SINcE ITs INcEpTION, ORgaN TRaNspLaNTaTION Has bEEN gUIDED by THE OVERaRcHINg ETHIcaL REqUIRE¸ENT kNOwN as THE DEaD DONOR RULE, wHIcH sI¸pLy sTaTEs THaT paTIENTs ¸UsT bE DEcLaRED DEaD bEfORE THE RE¸OVaL Of aNy VITaL ORgaNs fOR TRaNspLaNTaTION. BEfORE THE DEVELOp¸ENT Of ¸ODERN cRITIcaL caRE, THE DIagNOsIs Of DEaTH was RELaTIVELy sTRaIgHTfORwaRD: paTIENTs wERE DEaD wHEN THEy wERE cOLD, bLUE, aND sTIff. ·NfORTUNaTELy, ORgaNs fRO¸ THEsE TRaDITIONaL caDaVERs caNNOT bE UsED fOR TRaNspLaNTaTION. FORTy yEaRs agO, aN aD HOc cO¸¸ITTEE aT ÁaRVaRD MEDIcaL ScHOOL, cHaIRED by ÁENRy BEEcHER, sUggEsTED REVIsINg THE DEfiNITION Of DEaTH IN a way THaT wOULD ¸akE sO¸E paTIENTs wITH DEVasTaTINg NEUROLOgIc INjURy sUITabLE fOR ORgaN TRaNspLaNTaTION UNDER THE DEaD DONOR RULE.à °E cONcEpT Of bRaIN DEaTH Has sERVED Us wELL aND Has bEEN THE ETHIcaL aND LEgaL jUsTIficaTION fOR THOUsaNDs Of LIfEsaVINg DONaTIONs aND TRaNspLaNTaTIONs. ´VEN sO, THERE HaVE bEEN pERsIsTENT qUEsTIONs abOUT wHETHER paTIENTs wITH ¸assIVE bRaIN INjURy, apNEa, aND LOss Of bRaIN-sTE¸ REflExEs aRE REaLLy DEaD. AſtER aLL, wHEN THE INjURy Is ENTIRELy INTRacRaNIaL, THEsE paTIENTs LOOk VERy ¸UcH aLIVE: THEy aRE waR¸ aND pINk; THEy DIgEsT aND ¸ETabOLIzE fOOD, ExcRETE wasTE, UNDERgO sExUaL ¸aTURaTION, aND caN EVEN REpRODUcE. ¹O a casUaL ObsERVER, THEy LOOk jUsT LIkE paTIENTs wHO aRE REcEIVINg LONg-TER¸ aRTIficIaL VENTILaTION aND aRE asLEEp. °E aRgU¸ENTs abOUT wHy THEsE paTIENTs sHOULD bE cONsIDERED DEaD HaVE NEVER bEEN fULLy cONVINcINg. °E DEfiNITION Of bRaIN DEaTH REqUIREs THE cO¸pLETE absENcE Of aLL fUNcTIONs Of THE ENTIRE bRaIN, yET ¸aNy Of THEsE paTIENTs RETaIN EssENTIaL NEUROLOgIc fUNcTION, sUcH as THE REgULaTED
³ObERT ¶. ¹RUOg aND FRaNkLIN G. MILLER, “°E ¶EaD ¶ONOR ³ULE aND ±RgaN ¹RaNspLaNTaTION,” fRO¸ New England Journal of Medicine 359 (2008): 674–675. © 2008 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
sEcRETION Of HypOTHaLa¸Ic HOR¸ONEs.Ä SO¸E HaVE aRgUED THaT THEsE paTIENTs
260
aRE DEaD bEcaUsE THEy aRE pER¸aNENTLy UNcONscIOUs (wHIcH Is TRUE), bUT If THIs Is THE jUsTIficaTION, THEN paTIENTs IN a pER¸aNENT VEgETaTIVE sTaTE, wHO
r e l l i M . G n i l k n a r F d n a g o u r T . D t r e b o R
bREaTHE spONTaNEOUsLy, sHOULD aLsO bE DIagNOsED as DEaD, a cHaRacTERIzaTION THaT ¸OsT REgaRD as I¸pLaUsIbLE. ±THERs HaVE cLaI¸ED THaT “bRaIN-DEaD” paTIENTs aRE DEaD bEcaUsE THEIR bRaIN Da¸agE Has LED TO THE “pER¸aNENT cEssaTION Of fUNcTIONINg Of THE ORgaNIs¸ as a wHOLE.” Æ YET EVIDENcE sHOws THaT If THEsE paTIENTs aRE sUppORTED bEyOND THE acUTE pHasE Of THEIR ILLNEss (wHIcH Is RaRELy DONE), THEy caN sURVIVE fOR ¸aNy yEaRs.Î °E UNcO¸fORTabLE cONcLUsION TO bE DRawN fRO¸ THIs LITERaTURE Is THaT aLTHOUgH IT ¸ay bE pERfEcTLy ETHIcaL TO RE¸OVE VITaL ORgaNs fOR TRaNspLaNTaTION fRO¸ paTIENTs wHO saTIsfy THE DIagNOsTIc cRITERIa Of bRaIN DEaTH, THE REasON IT Is ETHIcaL caNNOT bE THaT wE aRE cONVINcED THEy aRE REaLLy DEaD. ±VER THE pasT fEw yEaRs, OUR RELIaNcE ON THE DEaD DONOR RULE Has agaIN bEEN cHaLLENgED, THIs TI¸E by THE E¸ERgENcE Of DONaTION aſtER caRDIac DEaTH as a paTHway fOR ORgaN DONaTION. ·NDER pROTOcOLs fOR THIs TypE Of DONaTION, paTIENTs wHO aRE NOT bRaIN-DEaD bUT wHO aRE UNDERgOINg aN ORcHEsTRaTED wITHDRawaL Of LIfE sUppORT aRE ¸ONITORED fOR THE ONsET Of caRDIac aRREsT. ºN TypIcaL pROTOcOLs, paTIENTs aRE pRONOUNcED DEaD 2 TO 5 ¸INUTEs aſtER THE ONsET Of asysTOLE (ON THE basIs Of caRDIac cRITERIa), aND THEIR ORgaNs aRE ExpEDITIOUsLy RE¸OVED fOR TRaNspLaNTaTION. ALTHOUgH EVERyONE agREEs THaT ¸aNy paTIENTs cOULD bE REsUscITaTED aſtER aN INTERVaL Of 2 TO 5 ¸INUTEs, aDVOcaTEs Of THIs appROacH TO DONaTION say THaT THEsE paTIENTs caN bE REgaRDED as DEaD bEcaUsE a DEcIsION Has bEEN ¸aDE NOT TO aTTE¸pT REsUscITaTION. °Is UNDERsTaNDINg Of DEaTH Is pRObLE¸aTIc aT sEVERaL LEVELs. °E caRDIac DEfiNITION Of DEaTH REqUIREs THE IRREVERsIbLE cEssaTION Of caRDIac fUNcTION. WHEREas THE cO¸¸ON UNDERsTaNDINg Of “IRREVERsIbLE” Is “I¸pOssIbLE TO REVERsE,” IN THIs cONTExT IRREVERsIbILITy Is INTERpRETED as THE REsULT Of a cHOIcE NOT TO REVERsE. °Is INTERpRETaTION cREaTEs THE paRaDOx THaT THE HEaRTs Of paTIENTs wHO HaVE bEEN DEcLaRED DEaD ON THE basIs Of THE IRREVERsIbLE LOss Of caRDIac fUNcTION HaVE IN facT bEEN TRaNspLaNTED aND HaVE sUccEssfULLy fUNcTIONED IN THE cHEsT Of aNOTHER. AgaIN, aLTHOUgH IT ¸ay bE ETHIcaL TO RE¸OVE VITaL ORgaNs fRO¸ THEsE paTIENTs, wE bELIEVE THaT THE REasON IT Is ETHIcaL caNNOT cONVINcINgLy bE THaT THE DONORs aRE DEaD. AT THE DawN Of ORgaN TRaNspLaNTaTION, THE DEaD DONOR RULE was accEpTED as aN ETHIcaL pRE¸IsE THaT DID NOT REqUIRE REflEcTION OR jUsTIficaTION, pREsU¸abLy bEcaUsE IT appEaRED TO bE NEcEssaRy as a safEgUaRD agaINsT THE UNETHIcaL RE¸OVaL Of VITaL ORgaNs fRO¸ VULNERabLE paTIENTs. ºN RETROspEcT, HOwEVER, IT appEaRs THaT RELIaNcE ON THE DEaD DONOR RULE Has gREaTER pOTENTIaL TO UNDER-
¸INE TRUsT IN THE TRaNspLaNTaTION ENTERpRIsE THaN TO pREsERVE IT. AT wORsT, THIs ONgOINg RELIaNcE sUggEsTs THaT THE ¸EDIcaL pROfEssION Has bEEN gERRy¸aN-
261
¸OsT faVORabLE fOR TRaNspLaNTaTION. AT bEsT, THE RULE Has pROVIDED ¸IsLEaDINg ETHIcaL cOVER THaT caNNOT wITHsTaND caREfUL scRUTINy. A bETTER appROacH TO pROcURINg VITaL ORgaNs wHILE pROTEcTINg VULNERabLE paTIENTs agaINsT abUsE wOULD bE TO E¸pHasIzE THE I¸pORTaNcE Of ObTaININg VaLID INfOR¸ED cONsENT fOR ORgaN DONaTION fRO¸ paTIENTs OR sURROgaTEs bEfORE THE wITHDRawaL Of LIfE- sUsTaININg TREaT¸ENT IN sITUaTIONs Of DEVasTaTINg aND IRREVERsIbLE NEUROLOgIc INjURy.Ï WHaT Has bEEN THE cOsT Of OUR cONTINUED DEpENDENcE ON THE DEaD DONOR RULE? ºN aDDITION TO fOsTERINg cONcEpTUaL cONfUsION abOUT THE ETHIcaL REqUIRE¸ENTs Of ORgaN DONaTION, IT Has cO¸pRO¸IsED THE gOaLs Of TRaNspLaNTaTION fOR DONORs aND REcIpIENTs aLIkE. By REqUIRINg ORgaN DONORs TO ¸EET flawED DEfiNITIONs Of DEaTH bEfORE ORgaN pROcURE¸ENT, wE DENy paTIENTs aND THEIR fa¸ILIEs THE OppORTUNITy TO DONaTE ORgaNs If THE paTIENTs HaVE DEVasTaTINg, IRREVERsIbLE NEUROLOgIc INjURIEs THaT DO NOT ¸EET THE TEcHNIcaL REqUIRE¸ENTs Of bRaIN DEaTH. ºN THE casE Of DONaTION aſtER caRDIac DEaTH, THE IscHE¸Ia TI¸E INHERENT IN THE DONaTION pROcEss NEcEssaRILy DI¸INIsHEs THE VaLUE Of THE TRaNspLaNTs by REDUcINg bOTH THE qUaNTITy aND THE qUaLITy Of THE ORgaNs THaT caN bE pROcURED. MaNy wILL ObjEcT THaT TRaNspLaNTaTION sURgEONs caNNOT LEgaLLy OR ETHIcaLLy RE¸OVE VITaL ORgaNs fRO¸ paTIENTs bEfORE DEaTH, sINcE DOINg sO wILL caUsE THEIR DEaTH. ÁOwEVER, If THE cRITIqUEs Of THE cURRENT ¸ETHODs Of DIagNOsINg DEaTH aRE cORREcT, THEN sUcH acTIONs aRE aLREaDy TakINg pLacE ON a ROUTINE basIs. MOREOVER, IN ¸ODERN INTENsIVE caRE UNITs, ETHIcaLLy jUsTIfiED DEcIsIONs aND acTIONs Of pHysIcIaNs aRE aLREaDy THE pROxI¸aTE caUsE Of DEaTH fOR ¸aNy paTIENTs—fOR INsTaNcE, wHEN ¸EcHaNIcaL VENTILaTION Is wITHDRawN. WHETHER DEaTH OccURs as THE REsULT Of VENTILaTOR wITHDRawaL OR ORgaN pROcURE¸ENT, THE ETHIcaLLy RELEVaNT pREcONDITION Is VaLID cONsENT by THE paTIENT OR sURROgaTE. WITH sUcH cONsENT, THERE Is NO HaR¸ OR wRONg DONE IN RETRIEVINg VITaL ORgaNs bEfORE DEaTH, pROVIDED THaT aNEsTHEsIa Is aD¸INIsTERED. WITH pROpER safEgUaRDs, NO paTIENT wILL DIE fRO¸ VITaL ORgaN DONaTION wHO wOULD NOT OTHERwIsE DIE as a REsULT Of THE wITHDRawaL Of LIfE sUppORT. FINaLLy, sURVEys sUggEsT THaT IssUEs RELaTED TO REspEcT fOR VaLID cONsENT aND THE DEgREE Of NEUROLOgIc INjURy ¸ay bE ¸ORE I¸pORTaNT TO THE pUbLIc THaN cONcERNs abOUT wHETHER THE paTIENT Is aLREaDy DEaD aT THE TI¸E THE ORgaNs aRE RE¸OVED. ºN sU¸, as aN ETHIcaL REqUIRE¸ENT fOR ORgaN DONaTION, THE DEaD DONOR RULE Has REqUIRED UNNEcEssaRy aND UNsUppORTabLE REVIsIONs Of THE DEfiNITION Of
eluR r o n o D d a e D e h T
DERINg THE DEfiNITION Of DEaTH TO caREfULLy cONfOR¸ wITH cONDITIONs THaT aRE
DEaTH. CHaRacTERIzINg THE ETHIcaL REqUIRE¸ENTs Of ORgaN DONaTION IN TER¸s
262
Of VaLID INfOR¸ED cONsENT UNDER THE LI¸ITED cONDITIONs Of DEVasTaTINg NEUROLOgIc INjURy Is ETHIcaLLy sOUND, OpTI¸aLLy REspEcTs THE DEsIREs Of THOsE wHO
r e l l i M . G n i l k n a r F d n a g o u r T . D t r e b o R
wIsH TO DONaTE ORgaNs, aND Has THE pOTENTIaL TO ¸axI¸IzE THE NU¸bER aND qUaLITy Of ORgaNs aVaILabLE TO THOsE IN NEED.
notes 1 A DEfiNITION Of IRREVERsIbLE cO¸a: REpORT Of THE aD HOc cO¸¸ITTEE Of THE ÁaRVaRD MEDIcaL ScHOOL TO Exa¸INE THE DEfiNITION Of bRaIN DEaTH. ¼½¾½ . 1968;205:337–440. 2 ¹RUOg ³¶. ºs IT TI¸E TO abaNDON bRaIN DEaTH? Hastings Cent Rep . 1997;27:29–37. 3 BERNaT J², CULVER CM, GERT B. ±N THE DEfiNITION aND cRITERION Of DEaTH. Ann Intern
Med. 1981;94:389–394. 4 SHEw¸ON ¶A. CHRONIc “bRaIN DEaTH”: ¸ETa-aNaLysIs aND cONcEpTUaL cONsEqUENcEs.
Neurology. 1998;51:1538–1545. 5 MILLER FG, ¹RUOg ³¶. ³ETHINkINg THE ETHIcs Of VITaL ORgaN DONaTION. Hastings Cent Rep . 2008;38:38–46.
´he DARken±ng µe±l of “Do EVeRyTh±ng” Chris Feudtner and Wynne Morrison
°E HOUR Is LaTE aND THE sITUaTION DIRE. ÁUDDLED by THE paTIENT’s bEDsIDE, a NURsE aND REspIRaTORy THERapIsT sTaND jUsT bEHIND THE pHysIcIaN wHO spEaks TO THE fa¸ILy ¸E¸bERs. SO¸ETI¸Es THE paTIENT Is a cHILD—pERHaps aN INfaNT, jUsT bORN, wITH sEVERE cONgENITaL aNO¸aLIEs, OR ¸aybE a TODDLER wHO fELL INTO a pOOL aND NEaRLy DROwNED. ±THER TI¸Es, THE paTIENT Is faR OLDER aND ¸ay HaVE HaD a sUDDEN ¸assIVE HEaRT aTTack OR ¸ay HaVE bEEN LIVINg wITH pROgREssIVE caNcER fOR ¸ONTHs OR yEaRs. °E fa¸ILy ¸E¸bERs cOULD bE yOUNg paRENTs OR a spOUsE ¸aRRIED HaLf a cENTURy. °E cONVERsaTION fOcUsEs ON THE paTIENT’s HIsTORy aND DIagNOsIs, THE gRaVITy Of THE pREDIca¸ENT, aND THE pOssIbLE TREaT¸ENT OpTIONs, OUTLININg THE pOssIbLE bENEfiTs aND HaR¸s. °EN sO¸EONE says: “¶O EVERyTHINg.” °E pHysIcIaN ¸ay OffER THIs Up as a pLEDgE: “WE aRE gOINg TO DO EVERyTHINg.” ±R asks THE qUEsTION: “¶O yOU waNT Us TO DO EVERyTHINg?” ALTERNaTIVELy, a fa¸ILy ¸E¸bER ¸ay UTTER THE pHRasE as a REqUEsT OR DE¸aND: “WE waNT yOU TO DO EVERyTHINg.” ÁEaDs NOD IN sILENT agREE¸ENT. WE wILL DO EVERyTHINg. PRObLE¸ Is, NO ONE caN REaLLy bE cLEaR abOUT wHaT Has bEEN saID. WHaT DO THE wORDs “DO EVERyTHINg” ¸EaN? °E pHRasE Is VagUE aT bEsT aND VacUOUs aT wORsT, pER¸ITTINg aN INcREasINgLy HaR¸fUL VacILLaTION IN THE facE Of cRITIcaL ILLNEss, wHIcH caN EVENTUaLLy REsULT IN ¸EDIcaL caRE THaT Is HaR¸fUL TO THE paTIENT. Ã,Ä FIRsT, wE sI¸pLy caNNOT DO EVERyTHINg. °ERE aRE sO ¸aNy—aL¸OsT TOO ¸aNy—pOssIbILITIEs. MEDIcaL caRE caN gO IN ¸aNy DIffERENT DIREcTIONs, bUT NOT aLL aT THE sa¸E TI¸E. ±NE caNNOT sI¸ULTaNEOUsLy cRaDLE a gRIEVOUsLy ILL INfaNT IN ONE’s aR¸s aND aT THE sa¸E TI¸E INsERT VascULaR caNNULas fOR
CHRIs FEUDTNER aND WyNNE MORRIsON, “°E ¶aRkENINg ÂEIL Of ‘¶O ´VERyTHINg,’ ” fRO¸ Archives
of Pediatrics and Adolescent Medicine 166, NO. 8 (2012): 694–695. © 2012 by A¸ERIcaN MEDIcaL AssOcIaTION. ³EpRINTED by pER¸IssION Of A¸ERIcaN MEDIcaL AssOcIaTION. ALL RIgHTs REsERVED.
ExTRacORpOREaL ¸E¸bRaNE OxygENaTION; NOR caN ONE HOLD a LOVED ONE’s HaND
264
wHILE THEy aRE DyINg aT THE sa¸E ¸O¸ENT THaT THE cODE TEa¸ yELLs “cLEaR” aND aTTE¸pTs TO DEfibRILLaTE THE paTIENT’s HEaRT. ±NE ¸UsT cHOOsE. WHETHER
n o s i r r o M e n n y W d n a r e n t d u e F s i r h C
ackNOwLEDgED OR NOT, cHOIcEs aRE wOVEN THROUgHOUT THE fabRIc Of ¸EDIcaL caRE. °E pHRasE “DO EVERyTHINg,” THOUgH, sEE¸s TO say OTHERwIsE: LET’s aVOID aNy cHOIcE fOR NOw aND DO THIs aND DO THaT. BEHIND THE VEIL Of “DO EVERyTHINg,” THE cHOIcEs wE INEVITabLy aRE ¸akINg—aND THE REspONsIbILITy fOR THOsE cHOIcEs—aRE ObfUscaTED. ´qUaLLy ¸UDDLED Is THE ¸IRROR I¸agE pHRasE THaT “THERE Is NOTHINg ¸ORE wE caN DO”—fULL sTOp. JUsT as wE caNNOT DO EVERyTHINg, wE caN aLways DO sO¸ETHINg. ºNTENsIVE caRE Is cO¸pOsED Of bOTH INVasIVE caRE aND INTENsIVE caRINg, aND EVEN If THE fOR¸ER Is faILINg, THE LaTTER caN cONTINUE UNabaTED. ±UR cO¸¸IT¸ENT TO DO THE-bEsT-sO¸ETHINg-THaT-wE-caN-DO ¸ay ¸akE a wORLD Of DIffERENcE. WHEN OpERaTINg wITHIN THE cONfiNEs Of THE INcREasINgLy TIgHT cONsTRaINTs THaT pROgREssIVE DIsEasE caN caUsE, cLINIcIaNs NEED TO bE ¸ORE pREcIsE, cO¸pLETE, aND E¸paTHETIc:Æ º wIsH THERE was ¸ORE THaT wE cOULD DO THaT wOULD HaLT THE pROgREss Of THIs DIsEasE, bUT NONE Of THE TREaT¸ENTs wE HaVE aRE abLE TO DO THIs. WE aRE sTILL DEVOTED TO TakINg caRE Of yOUR cHILD aND wILL DO EVERyTHINg IN OUR pOwER TO kEEp paIN aND DIscO¸fORT away. SEcOND, THE VEIL Of “DO EVERyTHINg” LEaVEs a DIsTURbINg a¸OUNT Of ROO¸ fOR ¸IsUNDERsTaNDINg wHaT wILL acTUaLLy bE DONE. Fa¸ILIEs aND pHysIcIaNs appROacH THE paTIENT’s ILLNEss cRIsIs fRO¸ DIffERENT fRa¸Es Of REfERENcE aND THUs INfUsE THE “DO EVERyTHINg” pHRasE wITH DIffERENT ¸EaNINgs. ³aTHER THaN assU¸INg (OſtEN ¸IsTakENLy) THaT THE fa¸ILy UNDERsTaNDs THE VasT aRRay Of pOssIbLE INTERVENTIONs aND THE DETaILED pHysIcaL I¸pLIcaTIONs Of wHaT “DOINg EVERyTHINg” ¸IgHT ¸EaN, cLINIcIaNs caN REspOND TO “DO EVERyTHINg” sTaTE¸ENTs by REspONDINg THaT “yEs, wE wILL DO EVERyTHINg THaT wE caN DO THaT caN pOssIbLy HELp yOUR LOVED ONE.” °IRD, wHEN cONfRONTINg THE O¸INOUs cIRcU¸sTaNcEs THaT ENVELOp THE paTIENT, THE DaRk VEIL Of “DO EVERyTHINg” pREVENTs fa¸ILIEs aND cLINIcIaNs fRO¸ ¸akINg gENUINE cONNEcTIONs. °E ETIOLOgy Of THIs VagUE aND UNaTTaINabLE VERbaL I¸pERaTIVE ORIgINaTEs, IN ¸aNy INsTaNcEs, IN aN aNgUIsHED OUTcRy agaINsT HOw THE cRITIcaL ILLNEss THREaTENs THE paTIENT IN THE bED aND aN URgENT NEED TO EsTabLIsH aND affiR¸ a basIs Of TRUsT. FOR THE fa¸ILy, “DO EVERyTHINg” caN bE a way Of askINg THaT THE cLINIcIaNs sTay cO¸¸ITTED aND ENgagED wITH THEIR LOVED ONE: “¶ON’T gIVE Up.” “¶ON’T abaNDON Us.” ºN THIs sENsE, “EVERyTHINg” Is
NOT aN ObjEcT; RaTHER, “EVERyTHINg” Is aN aDVERb, DEscRIbINg a “DOINg” THaT Is VIgOROUs aND TRUsTwORTHy.
265
(OR HaD THE¸ fRa¸ED by OTHERs) as “DO EVERyTHINg” VERsUs NOT DOINg sO, THEy ¸ay bE ¸ORE LIkELy TO fEaR THaT caRE Is bEINg RaTIONED fOR sO¸E REasON OTHER THaN THE paTIENT’s bEsT INTEREsTs. °Ey ¸ay THEN bEcO¸E UNwILLINg TO cONsIDER aLTERNaTIVEs TO wHaT THEy sEE as THE ONE paTH THaT pROVEs THEIR LOVED ONE Is NOT bEINg sHORTcHaNgED. ±NcE a fa¸ILy ¸ENTIONs THE pHRasE “DO EVERyTHINg,” cLINIcIaNs ¸ay UsE IT as aN ExcUsE TO EscapE fRO¸ OR sHORTEN a DIfficULT cONVERsaTION, THINkINg, “wELL, wE kNOw wHaT THEy waNT.” BUT TO sHy away fRO¸ ENgagINg IN THIs DIscUssION DOEs NOT bUILD a cOLLabORaTIVE paRTNERsHIp bETwEEN fa¸ILy aND cLINIcIaNs, NOR DOEs IT sERVE THE paTIENT wELL. Î ±URs Is NOT aN aRgU¸ENT fOR cONfRONTINg DaUNTINg cHOIcEs bLUNTLy—OR, wORsE, bRUsqUELy—RELyINg cHIEfly ON ¸EDIcaL facTs aND cLINIcaL LOgIc TO gRappLE wITH fRIgHTfULLy DIfficULT sITUaTIONs. ³aTHER, wE aRgUE fOR TakINg THE TI¸E IN THEsE cONVERsaTIONs TO ExpLORE THE cHOIcEs THaT cOULD bE ¸aDE. WHEN cONfRONTED wITH REqUEsTs OR DE¸aNDs TO “DO EVERyTHINg,” wE VIEw THIs as a sTaRTINg pOINT fOR a DIscUssION, NOT aN ENDINg pOINT.Ï °E DIscUssION sHOULD NOT sO ¸UcH DEbaTE THE pROs aND cONs Of paRTIcULaR INTERVENTIONs bUT RaTHER fOcUs ON aND ELabORaTE spEcIfic cO¸¸IT¸ENTs. ±UR REspONsE ¸IgHT bE:Ð º REspEcT HOw DEEpLy cO¸¸ITTED yOU aRE, aND wE aRE aLsO absOLUTELy cO¸¸ITTED TO figURINg OUT wHaT THE bEsT THINg TO DO Is. ²ET’s TaLk fOR a fEw ¸INUTEs abOUT wHaT THE DIffERENT OpTIONs ¸IgHT LOOk LIkE. ºN THE cRIsIs THaT fa¸ILIEs cONfRONT wHEN a LOVED ONE Is cRITIcaLLy ILL, INcREasED cLaRITy Of spEEcH Is NOT a cURE-aLL. STILL, bEINg cLEaR aND fORTHRIgHT HELps. WHEN a fa¸ILy ¸E¸bER TaLks abOUT “DOINg EVERyTHINg,” cLINIcIaNs ¸IgHT paUsE TO INsERT a REflEcTIVE cO¸¸ENT:Ñ WE aLways ask OURsELVEs wHaT wE caN DO TO HELp THE paTIENT. ¹O aNswER THIs qUEsTION, wE HaVE TO bE cLEaR abOUT wHaT wE aRE HOpINg fOR—REcOVERy, cO¸fORT, DIgNITy—aND DO aLL THaT wE caN THaT Has a REasONabLE cHaNcE Of gETTINg Us THERE. FINaLLy, wITH EacH passINg yEaR, THIs VEIL Of “DO EVERyTHINg” gROws DaRkER. A ¸ERE 60 yEaRs agO, “DO EVERyTHINg” wOULD HaVE aT ¸OsT ¸EaNT LyINg IN a HOspITaL bED ON a REgULaR waRD, REcEIVINg OxygEN by ¸ask aND aNTIbIOTIc INjEcTIONs, aND pERHaps UNDERgOINg sURgERy. °ERE wERE NO INTENsIVE caRE
lieV gninekraD ehT
FOURTH, THE “DO EVERyTHINg” sTaNcE ¸ay sTIflE DIscUssION by fOsTERINg aN aDVERsaRIaL aIR IN cONVERsaTIONs. ºf a paTIENT OR fa¸ILy Has fRa¸ED THE cHOIcEs
UNITs, NO TELE¸ETRy ¸ONITORs, NO ¸EcHaNIcaL VENTILaTORs, NO DIaLysIs, NO
266
TRaNspLaNTaTION, NO ExTRacORpOREaL ¸E¸bRaNE OxygENaTION, aND NO LEſt VENTRIcULaR assIsT DEVIcEs. ±VER TI¸E, THE ¸EDIcaL aND sURgIcaL INTERVENTIONs
n o s i r r o M e n n y W d n a r e n t d u e F s i r h C
THaT wE caN DO aRE INcREasINgLy INVasIVE aND EffEcTIVE, aLL Of wHIcH Is NOTHINg sHORT Of ¸aRVELOUs; yET, THEsE ¸IRacULOUs TEcHNOLOgIEs aRE aLsO EffEcTIVE aT ¸ERELy fOREsTaLLINg DEaTH EVEN IN THOsE casEs wHERE REcOVERy NEVER HappENs, aND ¸OsT LIkELy NEVER cOULD HaVE, wHILE NONETHELEss cREaTINg IN THEIR wakE THE paIN aND sUffERINg assOcIaTED wITH INVasIVE caRE, bEREſt Of aNy bENEfiTs.Ò °E bOTTO¸ LINE Is sI¸pLE: sayINg THaT wE aRE gOINg TO “DO EVERyTHINg” Is DaNgEROUs NONsENsE. ºf wE REaLLy DON’T ¸EaN IT, THEN wE REaLLy ¸UsT NOT say IT. A ¸ORaTORIU¸ Is waRRaNTED, HaLTINg aLL ¸EDIcaL pERsONNEL fRO¸ fURTHER casUaL UTTERaNcEs Of “DO EVERyTHINg.”
notes 1 ¹ULsky JA. BEyOND aDVaNcE DIREcTIVEs: I¸pORTaNcE Of cO¸¸UNIcaTION skILLs aT THE END Of LIfE. ¼½¾½ . 2005;294(3):359–365. 2 ²EVETOwN M; A¸ERIcaN AcaDE¸y Of PEDIaTRIcs CO¸¸ITTEE ON BIOETHIcs. CO¸¸UNIcaTINg wITH cHILDREN aND fa¸ILIEs: fRO¸ EVERyDay INTERacTIONs TO skILL IN cONVEyINg DIsTREssINg INfOR¸aTION. Pediatrics . 2008;121(5):E1441–E1460. 3 SELpH ³B, SHIaNg J, ´NgELbERg ³, CURTIs J³, WHITE ¶B. ´¸paTHy aND LIfE sUppORT DEcIsIONs IN INTENsIVE caRE UNITs. J Gen Intern Med. 2008;23(9):1311–1317. 4 FEUDTNER C. COLLabORaTIVE cO¸¸UNIcaTION IN pEDIaTRIc paLLIaTIVE caRE: a fOUNDaTION fOR pRObLE¸-sOLVINg aND DEcIsION-¸akINg. Pediatr Clin North Am. 2007;54(5):583–607. 5 QUILL ¹´, ARNOLD ³, Back A². ¶IscUssINg TREaT¸ENT pREfERENcEs wITH paTIENTs wHO waNT “EVERyTHINg.” Ann Intern Med. 2009;151(5):345–349. 6 Back A², ARNOLD ³M, BaILE WF, ´DwaRDs KA, ¹ULsky JA. WHEN pRaIsE Is wORTH cONsIDERINg IN a DIfficULT cONVERsaTION. Lancet. 2010;376(9744):866–867. 7 FEUDTNER C. °E bREaDTH Of HOpEs. N Engl J Med. 2009;361(24):2306–2307. 8 ³OsENbERg C´. Our Present Complaint: American Medicine, °en and Now. BaLTI¸ORE: JOHNs ÁOpkINs ·NIVERsITy PREss; 2007.
DeATh And D±gn±Ty º CAS± Of ²NdIVIdUAlIz±d ¸±cISION µAKINg Timothy E. Quill
¶IaNE was fEELINg TIRED aND HaD a RasH. A cO¸¸ON scENaRIO, THOUgH THERE was sO¸ETHINg sUbLI¸INaLLy wORRIsO¸E THaT pRO¸pTED ¸E TO cHEck HER bLOOD cOUNT. ÁER HE¸aTOcRIT was 22, aND THE wHITE-cELL cOUNT was 4.3 wITH sO¸E ¸ETa¸yELOcyTEs aND UNUsUaL wHITE cELLs. º waNTED IT TO bE VIRaL, TRyINg TO DENy wHaT was sTaRINg ¸E IN THE facE. PERHaps IN a REpEaTED cOUNT IT wOULD DIsappEaR. º caLLED ¶IaNE aND TOLD HER IT ¸IgHT bE ¸ORE sERIOUs THaN º HaD INITIaLLy THOUgHT—THaT THE TEsT NEEDED TO bE REpEaTED aND THaT If sHE fELT wORsE, wE ¸IgHT HaVE TO ¸OVE qUIckLy. WHEN sHE pREssED fOR THE pOssIbILITIEs, º RELUcTaNTLy OpENED THE DOOR TO LEUkE¸Ia. ÁEaRINg THE wORD sEE¸ED TO ¸akE IT ExIsT. “±H, sHIT!” sHE saID. “¶ON’T TELL ¸E THaT.” ±H, sHIT! º THOUgHT, º wIsH º DIDN’T HaVE TO. ¶IaNE was NO ORDINaRy pERsON (aLTHOUgH NO ONE º HaVE EVER cO¸E TO kNOw Has bEEN REaLLy ORDINaRy). SHE was RaIsED IN aN aLcOHOLIc fa¸ILy aND HaD fELT aLONE fOR ¸UcH Of HER LIfE. SHE HaD VagINaL caNcER as a yOUNg wO¸aN. °ROUgH ¸UcH Of HER aDULT LIfE, sHE HaD sTRUggLED wITH DEpREssION aND HER OwN aLcOHOLIs¸. º HaD cO¸E TO kNOw, REspEcT, aND aD¸IRE HER OVER THE pREVIOUs EIgHT yEaRs as sHE cONfRONTED THEsE pRObLE¸s aND gRaDUaLLy OVERca¸E THE¸. SHE was aN INcREDIbLy cLEaR, aT TI¸Es bRUTaLLy HONEsT, THINkER aND cO¸¸UNIcaTOR. As sHE TOOk cONTROL Of HER LIfE, sHE DEVELOpED a sTRONg sENsE Of INDEpENDENcE aND cONfiDENcE. ºN THE pREVIOUs 3ä yEaRs, HER HaRD wORk HaD paID Off. SHE was cO¸pLETELy absTINENT fRO¸ aLcOHOL, sHE HaD EsTabLIsHED ¸UcH DEEpER cONNEcTIONs wITH HER HUsbaND, cOLLEgE-agE sON, aND sEVERaL fRIENDs, aND HER bUsINEss aND HER aRTIsTIc wORk wERE bLOssO¸INg. SHE fELT sHE was REaLLy LIVINg fULLy fOR THE fiRsT TI¸E.
¹I¸OTHy ´. QUILL, “¶EaTH aND ¶IgNITy: A CasE Of ºNDIVIDUaLIzED ¶EcIsION MakINg,” fRO¸ New
England Journal of Medicine 324 (1991): 691–694. © 1991 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
µOT sURpRIsINgLy, THE REpEaTED bLOOD cOUNT was abNOR¸aL, aND DETaILED
268
Exa¸INaTION Of THE pERIpHERaL-bLOOD s¸EaR sHOwED ¸yELOcyTEs. º aDVIsED HER TO cO¸E INTO THE HOspITaL, ExpLaININg THaT wE NEEDED TO DO a bONE ¸aR-
l l i u Q . E y h t o m i T
ROw bIOpsy aND ¸akE sO¸E DEcIsIONs RELaTIVELy RapIDLy. SHE ca¸E TO THE HOspITaL kNOwINg wHaT wE wOULD fiND. SHE was TERRIfiED, aNgRy, aND saD. ALTHOUgH wE kNEw THE ODDs, wE bOTH cLUNg TO THE THREaD Of pOssIbILITy THaT IT ¸IgHT bE sO¸ETHINg ELsE. °E bONE ¸aRROw cONfiR¸ED THE wORsT: acUTE ¸yELO¸ONOcyTIc LEUkE¸Ia. ºN THE facE Of THIs TRagEDy, wE LOOkED fOR sIgNs Of HOpE. °Is Is aN aREa Of ¸EDIcINE IN wHIcH TEcHNOLOgIcaL INTERVENTION Has bEEN sUccEssfUL, wITH cUREs 25 pERcENT Of THE TI¸E—LONg-TER¸ cUREs. As º pRObED THE cOsTs Of THEsE cUREs, º HEaRD abOUT INDUcTION cHE¸OTHERapy (THREE wEEks IN THE HOspITaL, pROLONgED NEUTROpENIa, pRObabLE INfEcTIOUs cO¸pLIcaTIONs, aND HaIR LOss; 75 pERcENT Of paTIENTs REspOND, 25 pERcENT DO NOT). FOR THE sURVIVORs, THIs Is fOLLOwED by cONsOLIDaTION cHE¸OTHERapy (wITH sI¸ILaR sIDE EffEcTs; aNOTHER 25 pERcENT DIE, fOR a NET sURVIVaL Of 50 pERcENT). °OsE sTILL aLIVE, TO HaVE a REasONabLE cHaNcE Of LONg-TER¸ sURVIVaL, THEN NEED bONE ¸aRROw TRaNspLaNTaTION (HOspITaLIzaTION fOR TwO ¸ONTHs aND wHOLE-bODy IRRaDIaTION, wITH cO¸pLETE kILLINg Of THE bONE ¸aRROw, INfEcTIOUs cO¸pLIcaTIONs, aND THE pOssIbILITy fOR gRaſt-VERsUs-HOsT DIsEasE—wITH a sURVIVaL Of appROxI¸aTELy 50 pERcENT, OR 25 pERcENT Of THE ORIgINaL gROUp). °OUgH HE¸aTOLOgIsTs ¸ay aRgUE OVER THE ExacT pERcENTagEs, THEy DON’T aRgUE abOUT THE OUTcO¸E Of NO TREaT¸ENT—cERTaIN DEaTH IN Days, wEEks, OR aT ¸OsT a fEw ¸ONTHs. BELIEVINg THaT DELay was DaNgEROUs, OUR ONcOLOgIsT bROkE THE NEws TO ¶IaNE aND bEgaN ¸akINg pLaNs TO INsERT a ÁIck¸aN caTHETER aND bEgIN INDUcTION cHE¸OTHERapy THaT aſtERNOON. WHEN º saw HER sHORTLy THEREafTER, sHE was ENRagED aT HIs pREsU¸pTION THaT sHE wOULD waNT TREaT¸ENT, aND DEVasTaTED by THE fiNaLITy Of THE DIagNOsIs. ALL sHE waNTED TO DO was gO HO¸E aND bE wITH HER fa¸ILy. SHE HaD NO fURTHER qUEsTIONs abOUT TREaT¸ENT aND IN facT HaD DEcIDED THaT sHE waNTED NONE. ¹OgETHER wE La¸ENTED HER TRagEDy aND THE UNfaIRNEss Of LIfE. BEfORE sHE LEſt, º fELT THE NEED TO bE sURE THaT sHE aND HER HUsbaND UNDERsTOOD THaT THERE was sO¸E RIsk IN DELay, THaT THE pRObLE¸ was NOT gOINg TO gO away, aND THaT wE NEEDED TO kEEp cONsIDERINg THE OpTIONs OVER THE NExT sEVERaL Days. WE agREED TO ¸EET IN TwO Days. SHE RETURNED IN TwO Days wITH HER HUsbaND aND sON. °Ey HaD TaLkED ExTENsIVELy abOUT THE pRObLE¸ aND THE OpTIONs. SHE RE¸aINED VERy cLEaR abOUT HER wIsH NOT TO UNDERgO cHE¸OTHERapy aND TO LIVE wHaTEVER TI¸E sHE HaD LEſt OUTsIDE THE HOspITaL. As wE ExpLORED HER THINkINg fURTHER, IT bEca¸E cLEaR THaT sHE was cONVINcED sHE wOULD DIE DURINg THE pERIOD Of TREaT¸ENT
aND wOULD sUffER UNspEakabLy IN THE pROcEss (fRO¸ HOspITaLIzaTION, fRO¸ Lack Of cONTROL OVER HER bODy, fRO¸ THE sIDE EffEcTs Of cHE¸OTHERapy, aND
269
¸INI¸IzE HER sUffERINg If sHE cHOsE TREaT¸ENT, THERE was NO way º cOULD say aNy Of THIs wOULD NOT OccUR. ºN facT, THE LasT fOUR paTIENTs wITH acUTE LEUkE¸Ia aT OUR HOspITaL HaD DIED VERy paINfUL DEaTHs IN THE HOspITaL DURINg VaRIOUs sTagEs Of TREaT¸ENT (a facT º DID NOT sHaRE wITH HER). ÁER fa¸ILy wIsHED sHE wOULD cHOOsE TREaT¸ENT bUT saDLy accEpTED HER DEcIsION. SHE aRTIcULaTED VERy cLEaRLy THaT IT was sHE wHO wOULD bE ExpERIENcINg aLL THE sIDE EffEcTs Of TREaT¸ENT aND THaT ODDs Of 25 pERcENT wERE NOT gOOD ENOUgH fOR HER TO UNDERgO sO TOxIc a cOURsE Of THERapy, gIVEN HER ExpEcTaTIONs Of cHE¸OTHERapy aND HOspITaLIzaTION aND THE absENcE Of a cLOsELy ¸aTcHED bONE ¸aRROw DONOR. º HaD HER REpEaT HER UNDERsTaNDINg Of THE TREaT¸ENT, THE ODDs, aND wHaT TO ExpEcT If THERE wERE NO TREaT¸ENT. º cLaRIfiED a fEw ¸IsUNDERsTaNDINgs, bUT sHE HaD a RE¸aRkabLE gRasp Of THE OpTIONs aND I¸pLIcaTIONs. º HaVE bEEN a LONgTI¸E aDVOcaTE Of acTIVE, INfOR¸ED paTIENT cHOIcE Of TREaT¸ENT OR NONTREaT¸ENT, aND Of a paTIENT’s RIgHT TO DIE wITH as ¸UcH cONTROL aND DIgNITy as pOssIbLE. YET THERE was sO¸ETHINg abOUT HER gIVINg Up a 25 pERcENT cHaNcE Of LONg-TER¸ sURVIVaL IN faVOR Of aL¸OsT cERTaIN DEaTH THaT DIsTURbED ¸E. º HaD sEEN ¶IaNE figHT aND UsE HER cONsIDERabLE INNER REsOURcEs TO OVERcO¸E aLcOHOLIs¸ aND DEpREssION, aND º HaLf ExpEcTED HER TO cHaNgE HER ¸IND OVER THE NExT wEEk. SINcE THE wINDOw Of TI¸E IN wHIcH EffEcTIVE TREaT¸ENT caN bE INITIaTED Is RaTHER NaRROw, wE ¸ET sEVERaL TI¸Es THaT wEEk. WE ObTaINED a sEcOND HE¸aTOLOgy cONsULTaTION aND TaLkED aT LENgTH abOUT THE ¸EaNINg aND I¸pLIcaTIONs Of TREaT¸ENT aND NONTREaT¸ENT. SHE TaLkED TO a psycHOLOgIsT sHE HaD sEEN IN THE pasT. º gRaDUaLLy UNDERsTOOD THE DEcIsION fRO¸ HER pERspEcTIVE aND bEca¸E cONVINcED THaT IT was THE RIgHT DEcIsION fOR HER. WE aRRaNgED fOR HO¸E HOspIcE caRE (aLTHOUgH aT THaT TI¸E ¶IaNE fELT REasONabLy wELL, was acTIVE, aND LOOkED HEaLTHy), LEſt THE DOOR OpEN fOR HER TO cHaNgE HER ¸IND, aND TRIED TO aNTIcIpaTE HOw TO kEEp HER cO¸fORTabLE IN THE TI¸E sHE HaD LEſt. JUsT as º was aDjUsTINg TO HER DEcIsION, sHE OpENED Up aNOTHER aREa THaT wOULD sTRETcH ¸E pROfOUNDLy. ºT was ExTRaORDINaRILy I¸pORTaNT TO ¶IaNE TO ¸aINTaIN cONTROL Of HERsELf aND HER OwN DIgNITy DURINg THE TI¸E RE¸aININg TO HER. WHEN THIs was NO LONgER pOssIbLE, sHE cLEaRLy waNTED TO DIE. As a fOR¸ER DIREcTOR Of a HOspIcE pROgRa¸, º kNOw HOw TO UsE paIN ¸EDIcINEs TO kEEp paTIENTs cO¸fORTabLE aND LEssEN sUffERINg. º ExpLaINED THE pHILOsOpHy Of cO¸fORT caRE, wHIcH º sTRONgLy bELIEVE IN. ALTHOUgH ¶IaNE UNDERsTOOD aND appREcIaTED THIs, sHE HaD kNOwN Of pEOpLE LINgERINg IN wHaT was caLLED
y t i n g i D d n a h t a e D
fRO¸ paIN aND aNgUIsH). ALTHOUgH º cOULD OffER sUppORT aND ¸y bEsT EffORT TO
RELaTIVE cO¸fORT, aND sHE waNTED NO paRT Of IT. WHEN THE TI¸E ca¸E, sHE
270
waNTED TO TakE HER LIfE IN THE LEasT paINfUL way pOssIbLE. KNOwINg Of HER DEsIRE fOR INDEpENDENcE aND HER DEcIsION TO sTay IN cONTROL, º THOUgHT THIs
l l i u Q . E y h t o m i T
REqUEsT ¸aDE pERfEcT sENsE. º ackNOwLEDgED aND ExpLORED THIs wIsH bUT aLsO THOUgHT THaT IT was OUT Of THE REaL¸ Of cURRENTLy accEpTED ¸EDIcaL pRacTIcE aND THaT IT was ¸ORE THaN º cOULD OffER OR pRO¸IsE. ºN OUR DIscUssION, IT bEca¸E cLEaR THaT pREOccUpaTION wITH HER fEaR Of a LINgERINg DEaTH wOULD INTERfERE wITH ¶IaNE’s gETTINg THE ¸OsT OUT Of THE TI¸E sHE HaD LEſt UNTIL sHE fOUND a safE way TO ENsURE HER DEaTH. º fEaRED THE EffEcTs Of a VIOLENT DEaTH ON HER fa¸ILy, THE cONsEqUENcEs Of aN INEffEcTIVE sUIcIDE THaT wOULD LEaVE HER LINgERINg IN pREcIsELy THE sTaTE sHE DREaDED sO ¸UcH, aND THE pOssIbILITy THaT a fa¸ILy ¸E¸bER wOULD bE fORcED TO assIsT HER, wITH aLL THE LEgaL aND pERsONaL REpERcUssIONs THaT wOULD fOLLOw. SHE DIscUssED THIs aT LENgTH wITH HER fa¸ILy. °Ey bELIEVED THaT THEy sHOULD REspEcT HER cHOIcE. WITH THIs IN ¸IND, º TOLD ¶IaNE THaT INfOR¸aTION was aVaILabLE fRO¸ THE ÁE¸LOck SOcIETy THaT ¸IgHT bE HELpfUL TO HER. A wEEk LaTER sHE pHONED ¸E wITH a REqUEsT fOR baRbITURaTEs fOR sLEEp. SINcE º kNEw THaT THIs was aN EssENTIaL INgREDIENT IN a ÁE¸LOck SOcIETy sUIcIDE, º askED HER TO cO¸E TO THE OfficE TO TaLk THINgs OVER. SHE was ¸ORE THaN wILLINg TO pROTEcT ¸E by paRTIcIpaTINg IN a sUpERficIaL cONVERsaTION abOUT HER INsO¸NIa, bUT IT was I¸pORTaNT TO ¸E TO kNOw HOw sHE pLaNNED TO UsE THE DRUgs aND TO bE sURE THaT sHE was NOT IN DEspaIR OR OVERwHEL¸ED IN a way THaT ¸IgHT cOLOR HER jUDg¸ENT. ºN OUR DIscUssION, IT was appaRENT THaT sHE was HaVINg TROUbLE sLEEpINg, bUT IT was aLsO EVIDENT THaT THE sEcURITy Of HaVINg ENOUgH baRbITURaTEs aVaILabLE TO cO¸¸IT sUIcIDE wHEN aND If THE TI¸E ca¸E wOULD LEaVE HER sEcURE ENOUgH TO LIVE fULLy aND cONcENTRaTE ON THE pREsENT. ºT was cLEaR THaT sHE was NOT DEspONDENT aND THaT IN facT sHE was ¸akINg DEEp, pERsONaL cONNEcTIONs wITH HER fa¸ILy aND cLOsE fRIENDs. º ¸aDE sURE THaT sHE kNEw HOw TO UsE THE baRbITURaTEs fOR sLEEp, aND aLsO THaT sHE kNEw THE a¸OUNT NEEDED TO cO¸¸IT sUIcIDE. WE agREED TO ¸EET REgULaRLy, aND sHE pRO¸IsED TO ¸EET wITH ¸E bEfORE TakINg HER LIfE TO ENsURE THaT aLL OTHER aVENUEs HaD bEEN ExHaUsTED. º wROTE THE pREscRIpTION wITH aN UNEasy fEELINg abOUT THE bOUNDaRIEs º was ExpLORINg—spIRITUaL, LEgaL, pROfEssIONaL, aND pERsONaL. YET º aLsO fELT sTRONgLy THaT º was sETTINg HER fREE TO gET THE ¸OsT OUT Of THE TI¸E sHE HaD LEſt aND TO ¸aINTaIN DIgNITy aND cONTROL ON HER OwN TER¸s UNTIL HER DEaTH. °E NExT sEVERaL ¸ONTHs wERE VERy INTENsE aND I¸pORTaNT fOR ¶IaNE. ÁER sON sTayED HO¸E fRO¸ cOLLEgE, aND THEy wERE abLE TO bE wITH ONE aNOTHER aND say ¸UcH THaT HaD NOT bEEN saID EaRLIER. ÁER HUsbaND DID HIs wORk aT HO¸E
sO THaT HE aND ¶IaNE cOULD spEND ¸ORE TI¸E TOgETHER. SHE spENT TI¸E wITH HER cLOsEsT fRIENDs. º HaD HER cO¸E INTO THE HOspITaL fOR a cONfERENcE wITH OUR
271
I¸pORTaNcE Of INfOR¸ED DEcIsION ¸akINg, THE RIgHT TO REfUsE TREaT¸ENT, aND THE ExTRaORDINaRILy pERsONaL EffEcTs Of ILLNEss aND INTERacTION wITH THE ¸EDIcaL sysTE¸. °ERE wERE E¸OTIONaL aND pHysIcaL HaRDsHIps as wELL. SHE HaD pERIODs Of INTENsE saDNEss aND aNgER. SEVERaL TI¸Es sHE bEca¸E VERy wEak, bUT sHE REcEIVED TRaNsfUsIONs as aN OUTpaTIENT aND REspONDED wITH ¸aRkED I¸pROVE¸ENT Of sy¸pTO¸s. SHE HaD TwO sERIOUs INfEcTIONs THaT REspONDED sURpRIsINgLy wELL TO E¸pIRIcaL cOURsEs Of ORaL aNTIbIOTIcs. AſtER THREE TU¸ULTUOUs ¸ONTHs, THERE wERE TwO wEEks Of RELaTIVE caL¸ aND wELL-bEINg, aND faNTasIEs Of a ¸IRacLE bEgaN TO sURfacE. ·NfORTUNaTELy, wE HaD NO ¸IRacLE. BONE paIN, wEakNEss, faTIgUE, aND fEVERs bEgaN TO DO¸INaTE HER LIfE. ALTHOUgH THE HOspIcE wORkERs, fa¸ILy ¸E¸bERs, aND º TRIED OUR bEsT TO ¸INI¸IzE THE sUffERINg aND pRO¸OTE cO¸fORT, IT was cLEaR THaT THE END was appROacHINg. ¶IaNE’s I¸¸EDIaTE fUTURE HELD wHaT sHE fEaRED THE ¸OsT—INcREasINg DIscO¸fORT, DEpENDENcE, aND HaRD cHOIcEs bETwEEN paIN aND sEDaTION. SHE caLLED Up HER cLOsEsT fRIENDs aND askED THE¸ TO cO¸E OVER TO say gOODbyE, TELLINg THE¸ THaT sHE wOULD bE LEaVINg sOON. As wE HaD agREED, sHE LET ¸E kNOw as wELL. WHEN wE ¸ET, IT was cLEaR THaT sHE kNEw wHaT sHE was DOINg, THaT sHE was saD aND fRIgHTENED TO bE LEaVINg, bUT THaT sHE wOULD bE EVEN ¸ORE TERRIfiED TO sTay aND sUffER. ºN OUR TEaRfUL gOODbyE, sHE pRO¸IsED a REUNION IN THE fUTURE aT HER faVORITE spOT ON THE EDgE Of ²akE GENEVa, wITH DRagONs swI¸¸INg IN THE sUNsET. ¹wO Days LaTER HER HUsbaND caLLED TO say THaT ¶IaNE HaD DIED. SHE HaD saID HER fiNaL gOODbyEs TO HER HUsbaND aND sON THaT ¸ORNINg, aND askED THE¸ TO LEaVE HER aLONE fOR aN HOUR. AſtER aN HOUR, wHIcH ¸UsT HaVE sEE¸ED aN ETERNITy, THEy fOUND HER ON THE cOUcH, LyINg VERy sTILL aND cOVERED by HER faVORITE sHawL. °ERE was NO sIgN Of sTRUggLE. SHE sEE¸ED TO bE aT pEacE. °Ey caLLED ¸E fOR aDVIcE abOUT HOw TO pROcEED. WHEN º aRRIVED aT THEIR HOUsE, ¶IaNE INDEED sEE¸ED pEacEfUL. ÁER HUsbaND aND sON wERE qUIET. WE TaLkED abOUT wHaT a RE¸aRkabLE pERsON sHE HaD bEEN. °Ey sEE¸ED TO HaVE NO DOUbTs abOUT THE cOURsE sHE HaD cHOsEN OR abOUT THEIR cOOpERaTION, aLTHOUgH THE UNfaIRNEss Of HER ILLNEss aND THE fiNaLITy Of HER DEaTH wERE OVERwHEL¸INg TO Us aLL. º caLLED THE ¸EDIcaL Exa¸INER TO INfOR¸ HI¸ THaT a HOspIcE paTIENT HaD DIED. WHEN askED abOUT THE caUsE Of DEaTH, º saID, “AcUTE LEUkE¸Ia.” ÁE saID THaT was fiNE aND THaT wE sHOULD caLL a fUNERaL DIREcTOR. ALTHOUgH acUTE LEUkE¸Ia was THE TRUTH, IT was NOT THE wHOLE sTORy. YET aNy ¸ENTION Of sUIcIDE
y t i n g i D d n a h t a e D
REsIDENTs, aT wHIcH sHE ILLUsTRaTED IN a ¸OsT pROfOUND aND pERsONaL way THE
wOULD HaVE gIVEN RIsE TO a pOLIcE INVEsTIgaTION aND pRObabLy bROUgHT THE
272
aRRIVaL Of aN a¸bULaNcE cREw fOR REsUscITaTION. ¶IaNE wOULD HaVE bEcO¸E a “cORONER’s casE,” aND THE DEcIsION TO pERfOR¸ aN aUTOpsy wOULD HaVE bEEN
l l i u Q . E y h t o m i T
¸aDE aT THE DIscRETION Of THE ¸EDIcaL Exa¸INER. °E fa¸ILy OR º cOULD HaVE bEEN sUbjEcT TO cRI¸INaL pROsEcUTION, aND º TO pROfEssIONaL REVIEw, fOR OUR ROLEs IN sUppORT Of ¶IaNE’s cHOIcEs. ALTHOUgH º TRULy bELIEVE THaT THE fa¸ILy aND º gaVE HER THE bEsT caRE pOssIbLE, aLLOwINg HER TO DEfiNE HER LI¸ITs aND DIREcTIONs as ¸UcH as pOssIbLE, º a¸ NOT sURE THE Law, sOcIETy, OR THE ¸EDIcaL pROfEssION wOULD agREE. SO º saID “acUTE LEUkE¸Ia” TO pROTEcT aLL Of Us, TO pROTEcT ¶IaNE fRO¸ aN INVasION INTO HER pasT aND HER bODy, aND TO cONTINUE TO sHIELD sOcIETy fRO¸ THE kNOwLEDgE Of THE DEgREE Of sUffERINg THaT pEOpLE OſtEN UNDERgO IN THE pROcEss Of DyINg. SUffERINg caN bE LEssENED TO sO¸E ExTENT, bUT IN NO way ELI¸INaTED OR ¸aDE bENIgN, by THE caREfUL INTERVENTION Of a cO¸pETENT, caRINg pHysIcIaN, gIVEN cURRENT sOcIaL cONsTRaINTs. ¶IaNE TaUgHT ¸E abOUT THE RaNgE Of HELp º caN pROVIDE If º kNOw pEOpLE wELL aND If º aLLOw THE¸ TO say wHaT THEy REaLLy waNT. SHE TaUgHT ¸E abOUT LIfE, DEaTH, aND HONEsTy aND abOUT TakINg cHaRgE aND facINg TRagEDy sqUaRELy wHEN IT sTRIkEs. SHE TaUgHT ¸E THaT º caN TakE s¸aLL RIsks fOR pEOpLE THaT º REaLLy kNOw aND caRE abOUT. ALTHOUgH º DID NOT assIsT IN HER sUIcIDE DIREcTLy, º HELpED INDIREcTLy TO ¸akE IT pOssIbLE, sUccEssfUL, aND RELaTIVELy paINLEss. ALTHOUgH º kNOw wE HaVE ¸EasUREs TO HELp cONTROL paIN aND LEssEN sUffERINg, TO THINk THaT pEOpLE DO NOT sUffER IN THE pROcEss Of DyINg Is aN ILLUsION. PROLONgED DyINg caN OccasIONaLLy bE pEacEfUL, bUT ¸ORE OſtEN THE ROLE Of THE pHysIcIaN aND fa¸ILy Is LI¸ITED TO LEssENINg bUT NOT ELI¸INaTINg sEVERE sUffERINg. º wONDER HOw ¸aNy fa¸ILIEs aND pHysIcIaNs sEcRETLy HELp paTIENTs OVER THE EDgE INTO DEaTH IN THE facE Of sUcH sEVERE sUffERINg. º wONDER HOw ¸aNy sEVERELy ILL OR DyINg paTIENTs sEcRETLy TakE THEIR LIVEs, DyINg aLONE IN DEspaIR. º wONDER wHETHER THE I¸agE Of ¶IaNE’s fiNaL aLONENEss wILL pERsIsT IN THE ¸INDs Of HER fa¸ILy, OR If THEy wILL RE¸E¸bER ¸ORE THE INTENsE, ¸EaNINgfUL ¸ONTHs THEy HaD TOgETHER bEfORE sHE DIED. º wONDER wHETHER ¶IaNE sTRUggLED IN THaT LasT HOUR, aND wHETHER THE ÁE¸LOck SOcIETy’s way Of DEaTH by sUIcIDE Is THE ¸OsT bENIgN. º wONDER wHy ¶IaNE, wHO gaVE sO ¸UcH TO sO ¸aNy Of Us, HaD TO bE aLONE fOR THE LasT HOUR Of HER LIfE. º wONDER wHETHER º wILL sEE ¶IaNE agaIN, ON THE sHORE Of ²akE GENEVa aT sUNsET, wITH DRagONs swI¸¸INg ON THE HORIzON.
²cT±Ve And ³Ass±Ve EuThAnAs±A James A. Rachels
°E DIsTINcTION bETwEEN acTIVE aND passIVE EUTHaNasIa Is THOUgHT TO bE cRUcIaL fOR ¸EDIcaL ETHIcs. °E IDEa Is THaT IT Is pER¸IssIbLE, aT LEasT IN sO¸E casEs, TO wITHHOLD TREaT¸ENT aND aLLOw a paTIENT TO DIE, bUT IT Is NEVER pER¸IssIbLE TO TakE aNy DIREcT acTION DEsIgNED TO kILL THE paTIENT. °Is DOcTRINE sEE¸s TO bE accEpTED by ¸OsT DOcTORs, aND IT Is ENDORsED IN a sTaTE¸ENT aDOpTED by THE ÁOUsE Of ¶ELEgaTEs Of THE A¸ERIcaN MEDIcaL AssOcIaTION ON ¶EcE¸bER 4, 1973: °E INTENTIONaL TER¸INaTION Of THE LIfE Of ONE HU¸aN bEINg by aNOTHER— ¸ERcy kILLINg—Is cONTRaRy TO THaT fOR wHIcH THE ¸EDIcaL pROfEssION sTaNDs aND Is cONTRaRy TO THE pOLIcy Of THE A¸ERIcaN MEDIcaL AssOcIaTION. °E cEssaTION Of THE E¸pLOy¸ENT Of ExTRaORDINaRy ¸EaNs TO pROLONg THE LIfE Of THE bODy wHEN THERE Is IRREfUTabLE EVIDENcE THaT bIOLOgIcaL DEaTH Is I¸¸INENT Is THE DEcIsION Of THE paTIENT aND/OR HIs I¸¸EDIaTE fa¸ILy. °E aDVIcE aND jUDg¸ENT Of THE pHysIcIaN sHOULD bE fREELy aVaILabLE TO THE paTIENT aND/OR HIs I¸¸EDIaTE fa¸ILy. ÁOwEVER, a sTRONg casE caN bE ¸aDE agaINsT THIs DOcTRINE. ºN wHaT fOLLOws º wILL sET OUT sO¸E Of THE RELEVaNT aRgU¸ENTs aND URgE DOcTORs TO REcONsIDER THEIR VIEws ON THIs ¸aTTER. ¹O bEgIN wITH a fa¸ILIaR TypE Of sITUaTION, a paTIENT wHO Is DyINg Of INcURabLE caNcER Of THE THROaT Is IN TERRIbLE paIN, wHIcH caN NO LONgER bE saTIsfacTORILy aLLEVIaTED. ÁE Is cERTaIN TO DIE wITHIN a fEw Days, EVEN If pREsENT TREaT¸ENT Is cONTINUED, bUT HE DOEs NOT waNT TO gO ON LIVINg fOR THOsE Days sINcE THE paIN Is UNbEaRabLE. SO HE asks THE DOcTOR fOR aN END TO IT, aND HIs fa¸ILy jOINs IN THE REqUEsT.
Ja¸Es A. ³acHELs, “AcTIVE aND PassIVE ´UTHaNasIa,” New England Journal of Medicine 292 (1975): 78–80. © 1975 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
SUppOsE THE DOcTOR agREEs TO wITHHOLD TREaT¸ENT, as THE cONVENTIONaL
274
DOcTRINE says HE ¸ay. °E jUsTIficaTION fOR HIs DOINg sO Is THaT THE paTIENT Is IN TERRIbLE agONy, aND sINcE HE Is gOINg TO DIE aNyway, IT wOULD bE wRONg TO pRO-
slehcaR .A semaJ
LONg HIs sUffERINg NEEDLEssLy. BUT NOw NOTIcE THIs. ºf ONE sI¸pLy wITHHOLDs TREaT¸ENT, IT ¸ay TakE THE paTIENT LONgER TO DIE, aND sO HE ¸ay sUffER ¸ORE THaN HE wOULD If ¸ORE DIREcT acTION wERE TakEN aND a LETHaL INjEcTION gIVEN. °Is facT pROVIDEs sTRONg REasON fOR THINkINg THaT, ONcE THE INITIaL DEcIsION NOT TO pROLONg HIs agONy Has bEEN ¸aDE, acTIVE EUTHaNasIa Is acTUaLLy pREfERabLE TO passIVE EUTHaNasIa, RaTHER THaN THE REVERsE. ¹O say OTHERwIsE Is TO ENDORsE THE OpTION THaT LEaDs TO ¸ORE sUffERINg RaTHER THaN LEss aND Is cONTRaRy TO THE HU¸aNITaRIaN I¸pULsE THaT pRO¸pTs THE DEcIsION NOT TO pROLONg HIs LIfE IN THE fiRsT pLacE. PaRT Of ¸y pOINT Is THaT THE pROcEss Of bEINg “aLLOwED TO DIE” caN bE RELaTIVELy sLOw aND paINfUL, wHEREas bEINg gIVEN a LETHaL INjEcTION Is RELaTIVELy qUIck aND paINLEss. ²ET ¸E gIVE a DIffERENT sORT Of Exa¸pLE. ºN THE ·NITED STaTEs abOUT ONE IN 600 babIEs Is bORN wITH ¶OwN’s syNDRO¸E. MOsT Of THEsE babIEs aRE OTHERwIsE HEaLTHy—THaT Is, wITH ONLy THE UsUaL pEDIaTRIc caRE, THEy wILL pROcEED TO aN OTHERwIsE NOR¸aL INfaNcy. SO¸E, HOwEVER, aRE bORN wITH cONgENITaL DEfEcTs sUcH as INTEsTINaL ObsTRUcTIONs THaT REqUIRE OpERaTIONs If THEy aRE TO LIVE. SO¸ETI¸Es, THE paRENTs aND THE DOcTOR wILL DEcIDE NOT TO OpERaTE aND LET THE INfaNT DIE. ANTHONy SHaw DEscRIbEs wHaT HappENs THEN: WHEN sURgERy Is DENIED [THE DOcTOR] ¸UsT TRy TO kEEp THE INfaNT fRO¸ sUffERINg wHILE NaTURaL fORcEs sap THE baby’s LIfE away. As a sURgEON wHOsE NaTURaL INcLINaTION Is TO UsE THE scaLpEL TO figHT Off DEaTH, sTaNDINg by aND waTcHINg a saLVagEabLE baby DIE Is THE ¸OsT E¸OTIONaLLy ExHaUsTINg ExpERIENcE º kNOw. ºT Is Easy aT a cONfERENcE, IN a THEORETIcaL DIscUssION, TO DEcIDE THaT sUcH INfaNTs sHOULD bE aLLOwED TO DIE. ºT Is aLTOgETHER DIffERENT TO sTaND by IN THE NURsERy aND waTcH as DEHyDRaTION aND INfEcTION wITHER a TINy bEINg OVER HOURs aND Days. °Is Is a TERRIbLE ORDEaL fOR ¸E aND THE HOspITaL sTaff—¸UcH ¸ORE sO THaN fOR THE paRENTs wHO NEVER sET fOOT IN THE NURsERy.* º caN UNDERsTaND wHy sO¸E pEOpLE aRE OppOsED TO aLL EUTHaNasIa aND INsIsT THaT sUcH INfaNTs ¸UsT bE aLLOwED TO LIVE. º THINk º caN aLsO UNDERsTaND wHy OTHER pEOpLE faVOR DEsTROyINg THEsE babIEs qUIckLy aND paINLEssLy. BUT wHy sHOULD aNyONE faVOR LETTINg “DEHyDRaTION aND INfEcTION wITHER a TINy bEINg OVER HOURs aND Days”? °E DOcTRINE THaT says THaT a baby ¸ay bE aLLOwED TO DEHyDRaTE aND wITHER bUT ¸ay NOT bE gIVEN aN INjEcTION THaT wOULD END ITs LIfE wITHOUT sUffERINg sEE¸s sO paTENTLy cRUEL as TO REqUIRE NO fURTHER REfUTaTION.
°E sTRONg LaNgUagE Is NOT INTENDED TO OffEND, bUT ONLy TO pUT THE pOINT IN THE cLEaREsT pOssIbLE way.
275
CONsIDER agaIN THE casE Of THE INfaNTs wITH ¶OwN’s syNDRO¸E wHO NEED OpERaTIONs fOR cONgENITaL DEfEcTs UNRELaTED TO THE syNDRO¸E TO LIVE. SO¸ETI¸Es, THERE Is NO OpERaTION, aND THE baby DIEs, bUT wHEN THERE Is NO sUcH DEfEcT, THE baby LIVEs ON. µOw, aN OpERaTION sUcH as THaT TO RE¸OVE aN INTEsTINaL ObsTRUcTION Is NOT pROHIbITIVELy DIfficULT. °E REasON wHy sUcH OpERaTIONs aRE NOT pERfOR¸ED IN THEsE casEs Is, cLEaRLy, THaT THE cHILD Has ¶OwN’s syNDRO¸E aND THE paRENTs aND DOcTOR jUDgE THaT bEcaUsE Of THaT facT IT Is bETTER fOR THE cHILD TO DIE. BUT NOTIcE THaT THIs sITUaTION Is absURD, NO ¸aTTER wHaT VIEw ONE TakEs Of THE LIVEs aND pOTENTIaLs Of sUcH babIEs. ºf THE LIfE Of sUcH aN INfaNT Is wORTH pREsERVINg, wHaT DOEs IT ¸aTTER If IT NEEDs a sI¸pLE OpERaTION? ±R, If ONE THINks IT bETTER THaT sUcH a baby sHOULD NOT LIVE ON, wHaT DIffERENcE DOEs IT ¸akE THaT IT HappENs TO HaVE aN UNObsTRUcTED INTEsTINaL TRacT? ºN EITHER casE, THE ¸aTTER Of LIfE aND DEaTH Is bEINg DEcIDED ON IRRELEVaNT gROUNDs. ºT Is THE ¶OwN’s syNDRO¸E, aND NOT THE INTEsTINEs, THaT Is THE IssUE. °E ¸aTTER sHOULD bE DEcIDED, If aT aLL, ON THaT basIs, aND NOT bE aLLOwED TO DEpEND ON THE EssENTIaLLy IRRELEVaNT qUEsTION Of wHETHER THE INTEsTINaL TRacT Is bLOckED. WHaT ¸akEs THIs sITUaTION pOssIbLE, Of cOURsE, Is THE IDEa THaT wHEN THERE Is aN INTEsTINaL bLOckagE, ONE caN “LET THE baby DIE,” bUT wHEN THERE Is NO sUcH DEfEcT THERE Is NOTHINg THaT caN bE DONE, fOR ONE ¸UsT NOT “kILL” IT. °E facT THaT THIs IDEa LEaDs TO sUcH REsULTs as DEcIDINg LIfE OR DEaTH ON IRRELEVaNT gROUNDs Is aNOTHER gOOD REasON wHy THE DOcTRINE sHOULD bE REjEcTED. ±NE REasON wHy sO ¸aNy pEOpLE THINk THaT THERE Is aN I¸pORTaNT ¸ORaL DIffERENcE bETwEEN acTIVE aND passIVE EUTHaNasIa Is THaT THEy THINk kILLINg sO¸EONE Is ¸ORaLLy wORsE THaN LETTINg sO¸EONE DIE. BUT Is IT? ºs kILLINg, IN ITsELf, wORsE THaN LETTINg DIE? ¹O INVEsTIgaTE THIs IssUE, TwO casEs ¸ay bE cONsIDERED THaT aRE ExacTLy aLIkE ExcEpT THaT ONE INVOLVEs kILLINg wHEREas THE OTHER INVOLVEs LETTINg sO¸EONE DIE. °EN, IT caN bE askED wHETHER THIs DIffERENcE ¸akEs aNy DIffERENcE TO THE ¸ORaL assEss¸ENTs. ºT Is I¸pORTaNT THaT THE casEs bE ExacTLy aLIkE, ExcEpT fOR THIs ONE DIffERENcE, sINcE OTHERwIsE ONE caNNOT bE cONfiDENT THaT IT Is THIs DIffERENcE aND NOT sO¸E OTHER THaT accOUNTs fOR aNy VaRIaTION IN THE assEss¸ENTs Of THE TwO casEs. SO, LET Us cONsIDER THIs paIR Of casEs: ºN THE fiRsT, S¸ITH sTaNDs TO gaIN a LaRgE INHERITaNcE If aNyTHINg sHOULD HappEN TO HIs 6-yEaR-OLD cOUsIN. ±NE EVENINg wHILE THE cHILD Is TakINg
a i s a n a h t u E e v i s s a P d n a e v i t c A
My sEcOND aRgU¸ENT Is THaT THE cONVENTIONaL DOcTRINE LEaDs TO DEcIsIONs cONcERNINg LIfE aND DEaTH ¸aDE ON IRRELEVaNT gROUNDs.
HIs baTH, S¸ITH sNEaks INTO THE baTHROO¸ aND DROwNs THE cHILD, aND THEN
276
aRRaNgEs THINgs sO THaT IT wILL LOOk LIkE aN accIDENT. ºN THE sEcOND, JONEs aLsO sTaNDs TO gaIN If aNyTHINg sHOULD HappEN TO HIs
slehcaR .A semaJ
6-yEaR-OLD cOUsIN. ²IkE S¸ITH, JONEs sNEaks IN pLaNNINg TO DROwN THE cHILD IN HIs baTH. ÁOwEVER, jUsT as HE ENTERs THE baTHROO¸ JONEs sEEs THE cHILD sLIp aND HIT HIs HEaD, aND faLL facE DOwN IN THE waTER. JONEs Is DELIgHTED; HE sTaNDs by, REaDy TO pUsH THE cHILD’s HEaD back UNDER If IT Is NEcEssaRy, bUT IT Is NOT NEcEssaRy. WITH ONLy a LITTLE THRasHINg abOUT, THE cHILD DROwNs aLL by HI¸sELf, “accIDENTaLLy,” as JONEs waTcHEs aND DOEs NOTHINg. µOw S¸ITH kILLED THE cHILD, wHEREas JONEs “¸ERELy” LET THE cHILD DIE. °aT Is THE ONLy DIffERENcE bETwEEN THE¸. ¶ID EITHER ¸aN bEHaVE bETTER, fRO¸ a ¸ORaL pOINT Of VIEw? ºf THE DIffERENcE bETwEEN kILLINg aND LETTINg DIE wERE IN ITsELf a ¸ORaLLy I¸pORTaNT ¸aTTER, ONE sHOULD say THaT JONEs’s bEHaVIOR was LEss REpREHENsIbLE THaN S¸ITH’s. BUT DOEs ONE REaLLy waNT TO say THaT? º THINk NOT. ºN THE fiRsT pLacE, bOTH ¸EN acTED fRO¸ THE sa¸E ¸OTIVE, pERsONaL gaIN, aND bOTH HaD ExacTLy THE sa¸E END IN VIEw wHEN THEy acTED. ºT ¸ay bE INfERRED fRO¸ S¸ITH’s cONDUcT THaT HE Is a baD ¸aN, aLTHOUgH THaT jUDg¸ENT ¸ay bE wITHDRawN OR ¸ODIfiED If cERTaIN fURTHER facTs aRE LEaRNED abOUT HI¸—fOR Exa¸pLE, THaT HE Is ¸ENTaLLy DERaNgED. BUT wOULD NOT THE VERy sa¸E THINg bE INfERRED abOUT JONEs fRO¸ HIs cONDUcT? AND wOULD NOT THE sa¸E fURTHER cONsIDERaTIONs aLsO bE RELEVaNT TO aNy ¸ODIficaTION Of THIs jUDg¸ENT? MOREOVER, sUppOsE JONEs pLEaDED, IN HIs OwN DEfENsE, “AſtER aLL, º DIDN’T DO aNyTHINg ExcEpT jUsT sTaND THERE aND waTcH THE cHILD DROwN. º DIDN’T kILL HI¸; º ONLy LET HI¸ DIE.” AgaIN, If LETTINg DIE wERE IN ITsELf LEss baD THaN kILLINg, THIs DEfENsE sHOULD HaVE aT LEasT sO¸E wEIgHT. BUT IT DOEs NOT. SUcH a “DEfENsE” caN ONLy bE REgaRDED as a gROTEsqUE pERVERsION Of ¸ORaL REasONINg. MORaLLy spEakINg, IT Is NO DEfENsE aT aLL. µOw, IT ¸ay bE pOINTED OUT, qUITE pROpERLy, THaT THE casEs Of EUTHaNasIa wITH wHIcH DOcTORs aRE cONcERNED aRE NOT LIkE THIs aT aLL. °Ey DO NOT INVOLVE pERsONaL gaIN OR THE DEsTRUcTION Of NOR¸aL HEaLTHy cHILDREN. ¶OcTORs aRE cONcERNED ONLy wITH casEs IN wHIcH THE paTIENT’s LIfE Is Of NO fURTHER UsE TO HI¸, OR IN wHIcH THE paTIENT’s LIfE Has bEcO¸E OR wILL sOON bEcO¸E a TERRIbLE bURDEN. ÁOwEVER, THE pOINT Is THE sa¸E IN THEsE casEs: THE baRE DIffERENcE bETwEEN kILLINg aND LETTINg DIE DOEs NOT, IN ITsELf, ¸akE a ¸ORaL DIffERENcE. ºf a DOcTOR LETs a paTIENT DIE, fOR HU¸aNE REasONs, HE Is IN THE sa¸E ¸ORaL pOsITION as If HE HaD gIVEN THE paTIENT a LETHaL INjEcTION fOR HU¸aNE REasONs. ºf HIs DEcIsION was wRONg—If, fOR Exa¸pLE, THE paTIENT’s ILLNEss was IN facT cURabLE—THE DEcIsION wOULD bE EqUaLLy REgRETTabLE NO ¸aTTER wHIcH ¸ETHOD
was UsED TO caRRy IT OUT. AND If THE DOcTOR’s DEcIsION was THE RIgHT ONE, THE ¸ETHOD UsED Is NOT IN ITsELf I¸pORTaNT.
277
aNOTHER.” BUT aſtER IDENTIfyINg THIs IssUE, aND fORbIDDINg “¸ERcy kILLINg,” THE sTaTE¸ENT gOEs ON TO DENy THaT THE cEssaTION Of TREaT¸ENT Is THE INTENTIONaL TER¸INaTION Of a LIfE. °Is Is wHERE THE ¸IsTakE cO¸Es IN, fOR wHaT Is THE cEssaTION Of TREaT¸ENT, IN THEsE cIRcU¸sTaNcEs, If IT Is NOT “THE INTENTIONaL TER¸INaTION Of THE LIfE Of ONE HU¸aN bEINg by aNOTHER”? ±f cOURsE IT Is ExacTLy THaT, aND If IT wERE NOT, THERE wOULD bE NO pOINT TO IT. MaNy pEOpLE wILL fiND THIs jUDg¸ENT HaRD TO accEpT. ±NE REasON, º THINk, Is THaT IT Is VERy Easy TO cONflaTE THE qUEsTION Of wHETHER kILLINg Is, IN ITsELf, wORsE THaN LETTINg DIE, wITH THE VERy DIffERENT qUEsTION Of wHETHER ¸OsT acTUaL casEs Of kILLINg aRE ¸ORE REpREHENsIbLE THaN ¸OsT acTUaL casEs Of LETTINg DIE. MOsT acTUaL casEs Of kILLINg aRE cLEaRLy TERRIbLE (THINk, fOR Exa¸pLE, Of aLL THE ¸URDERs REpORTED IN THE NEwspapERs), aND ONE HEaRs Of sUcH casEs EVERy Day. ±N THE OTHER HaND, ONE HaRDLy EVER HEaRs Of a casE Of LETTINg DIE, ExcEpT fOR THE acTIONs Of DOcTORs wHO aRE ¸OTIVaTED by HU¸aNITaRIaN REasONs. SO ONE LEaRNs TO THINk Of kILLINg IN a ¸UcH wORsE LIgHT THaN Of LETTINg DIE. BUT THIs DOEs NOT ¸EaN THaT THERE Is sO¸ETHINg abOUT kILLINg THaT ¸akEs IT IN ITsELf wORsE THaN LETTINg DIE, fOR IT Is NOT THE baRE DIffERENcE bETwEEN kILLINg aND LETTINg DIE THaT ¸akEs THE DIffERENcE IN THEsE casEs. ³aTHER, THE OTHER facTORs—THE ¸URDERER’s ¸OTIVE Of pERsONaL gaIN, fOR Exa¸pLE, cONTRasTED wITH THE DOcTOR’s HU¸aNITaRIaN ¸OTIVaTION—accOUNT fOR DIffERENT REacTIONs TO THE DIffERENT casEs. º HaVE aRgUED THaT kILLINg Is NOT IN ITsELf aNy wORsE THaN LETTINg DIE; If ¸y cONTENTION Is RIgHT, IT fOLLOws THaT acTIVE EUTHaNasIa Is NOT aNy wORsE THaN passIVE EUTHaNasIa. WHaT aRgU¸ENTs caN bE gIVEN ON THE OTHER sIDE? °E ¸OsT cO¸¸ON, º bELIEVE, Is THE fOLLOwINg: °E I¸pORTaNT DIffERENcE bETwEEN acTIVE aND passIVE EUTHaNasIa Is THaT, IN passIVE EUTHaNasIa, THE DOcTOR DOEs NOT DO aNyTHINg TO bRINg abOUT THE paTIENT’s DEaTH. °E DOcTOR DOEs NOTHINg, aND THE paTIENT DIEs Of wHaTEVER ILLs aLREaDy afflIcT HI¸. ºN acTIVE EUTHaNasIa, HOwEVER, THE DOcTOR DOEs sO¸ETHINg TO bRINg abOUT THE paTIENT’s DEaTH: HE kILLs HI¸. °E DOcTOR wHO gIVEs THE paTIENT wITH caNcER a LETHaL INjEcTION Has HI¸sELf caUsED HIs paTIENT’s DEaTH; wHEREas If HE ¸ERELy cEasEs TREaT¸ENT, THE caNcER Is THE caUsE Of THE DEaTH.
a i s a n a h t u E e v i s s a P d n a e v i t c A
°E ¾m¾ pOLIcy sTaTE¸ENT IsOLaTEs THE cRUcIaL IssUE VERy wELL; THE cRUcIaL IssUE Is “THE INTENTIONaL TER¸INaTION Of THE LIfE Of ONE HU¸aN bEINg by
A NU¸bER Of pOINTs NEED TO bE ¸aDE HERE. °E fiRsT Is THaT IT Is NOT ExacTLy
278
cORREcT TO say THaT IN passIVE EUTHaNasIa THE DOcTOR DOEs NOTHINg, fOR HE DOEs DO ONE THINg THaT Is VERy I¸pORTaNT: HE LETs THE paTIENT DIE. “²ETTINg
slehcaR .A semaJ
sO¸EONE DIE” Is cERTaINLy DIffERENT, IN sO¸E REspEcTs, fRO¸ OTHER TypEs Of acTION—¸aINLy IN THaT IT Is a kIND Of acTION THaT ONE ¸ay pERfOR¸ by way Of NOT pERfOR¸INg cERTaIN OTHER acTIONs. FOR Exa¸pLE, ONE ¸ay LET a paTIENT DIE by way Of NOT gIVINg ¸EDIcaTION, jUsT as ONE ¸ay INsULT sO¸EONE by way Of NOT sHakINg HIs HaND. BUT fOR aNy pURpOsE Of ¸ORaL assEss¸ENT, IT Is a TypE Of acTION NONETHELEss. °E DEcIsION TO LET a paTIENT DIE Is sUbjEcT TO ¸ORaL appRaIsaL IN THE sa¸E way THaT a DEcIsION TO kILL HI¸ wOULD bE sUbjEcT TO ¸ORaL appRaIsaL: IT ¸ay bE assEssED as wIsE OR UNwIsE, cO¸passIONaTE OR saDIsTIc, RIgHT OR wRONg. ºf a DOcTOR DELIbERaTELy LET a paTIENT DIE wHO was sUffERINg fRO¸ a ROUTINELy cURabLE ILLNEss, THE DOcTOR wOULD cERTaINLy bE TO bLa¸E fOR wHaT HE HaD DONE, jUsT as HE wOULD bE TO bLa¸E If HE HaD NEEDLEssLy kILLED THE paTIENT. CHaRgEs agaINsT HI¸ wOULD THEN bE appROpRIaTE. ºf sO, IT wOULD bE NO DEfENsE aT aLL fOR HI¸ TO INsIsT THaT HE DIDN’T “DO aNyTHINg.” ÁE wOULD HaVE DONE sO¸ETHINg VERy sERIOUs INDEED, fOR HE LET HIs paTIENT DIE. FIxINg THE caUsE Of DEaTH ¸ay bE VERy I¸pORTaNT fRO¸ a LEgaL pOINT Of VIEw, fOR IT ¸ay DETER¸INE wHETHER cRI¸INaL cHaRgEs aRE bROUgHT agaINsT THE DOcTOR. BUT º DO NOT THINk THaT THIs NOTION caN bE UsED TO sHOw a ¸ORaL DIffERENcE bETwEEN acTIVE aND passIVE EUTHaNasIa. °E REasON wHy IT Is cONsIDERED baD TO bE THE caUsE Of sO¸EONE’s DEaTH Is THaT DEaTH Is REgaRDED as a gREaT EVIL—aND sO IT Is. ÁOwEVER, If IT Has bEEN DEcIDED THaT EUTHaNasIa—EVEN passIVE EUTHaNasIa—Is DEsIRabLE IN a gIVEN casE, IT Has aLsO bEEN DEcIDED THaT IN THIs INsTaNcE DEaTH Is NO gREaTER aN EVIL THaN THE paTIENT’s cONTINUED ExIsTENcE. AND If THIs Is TRUE, THE UsUaL REasON fOR NOT waNTINg TO bE THE caUsE Of sO¸EONE’s DEaTH sI¸pLy DOEs NOT appLy. FINaLLy, DOcTORs ¸ay THINk THaT aLL Of THIs Is ONLy Of acaDE¸Ic INTEREsT— THE sORT Of THINg THaT pHILOsOpHERs ¸ay wORRy abOUT bUT THaT Has NO pRacTIcaL bEaRINg ON THEIR OwN wORk. AſtER aLL, DOcTORs ¸UsT bE cONcERNED abOUT THE LEgaL cONsEqUENcEs Of wHaT THEy DO, aND acTIVE EUTHaNasIa Is cLEaRLy fORbIDDEN by THE Law. BUT EVEN sO, DOcTORs sHOULD aLsO bE cONcERNED wITH THE facT THaT THE Law Is fORcINg UpON THE¸ a ¸ORaL DOcTRINE THaT ¸ay wELL bE INDEfENsIbLE, aND Has a cONsIDERabLE EffEcT ON THEIR pRacTIcEs. ±f cOURsE, ¸OsT DOcTORs aRE NOT NOw IN THE pOsITION Of bEINg cOERcED IN THIs ¸aTTER, fOR THEy DO NOT REgaRD THE¸sELVEs as ¸ERELy gOINg aLONg wITH wHaT THE Law REqUIREs. ³aTHER, IN sTaTE¸ENTs sUcH as THE ¾m¾ pOLIcy sTaTE¸ENT THaT º HaVE qUOTED, THEy aRE ENDORsINg THIs DOcTRINE as a cENTRaL pOINT Of ¸EDIcaL ETHIcs. ºN THaT sTaTE¸ENT, acTIVE EUTHaNasIa Is cONDE¸NED NOT ¸ERELy as ILLEgaL bUT as “cON-
TRaRy TO THaT fOR wHIcH THE ¸EDIcaL pROfEssION sTaNDs,” wHEREas passIVE EUTHaNasIa Is appROVED. ÁOwEVER, THE pREcEDINg cONsIDERaTIONs sUggEsT THaT THERE
279
¸ay bE I¸pORTaNT ¸ORaL DIffERENcEs IN sO¸E casEs IN THEIR consequences, bUT, as º pOINTED OUT, THEsE DIffERENcEs ¸ay ¸akE acTIVE EUTHaNasIa, aND NOT passIVE EUTHaNasIa, THE ¸ORaLLy pREfERabLE OpTION). SO, wHEREas DOcTORs ¸ay HaVE TO DIscRI¸INaTE bETwEEN acTIVE aND passIVE EUTHaNasIa TO saTIsfy THE Law, THEy sHOULD NOT DO aNy ¸ORE THaN THaT. ºN paRTIcULaR, THEy sHOULD NOT gIVE THE DIsTINcTION aNy aDDED aUTHORITy aND wEIgHT by wRITINg IT INTO OfficIaL sTaTE¸ENTs Of ¸EDIcaL ETHIcs.
note *ANTHONy SHaw, “¶OcTOR, ¶O WE ÁaVE a CHOIcE?,” New York Times Magazine, JaNUaRy 30, 1972, 54.
a i s a n a h t u E e v i s s a P d n a e v i t c A
Is REaLLy NO ¸ORaL DIffERENcE bETwEEN THE TwO, cONsIDERED IN THE¸sELVEs (THERE
Cl±n±c±An-³AT±enT InTeRAcT±ons AbouT ¶equesTs foR ³hys±c±An- ²ss±sTed Su±c±de º ³ATI±NT ANd FAMIlY ÁI±w Anthony L. Back, Helene Starks, Clarissa Hsu, Judith R. Gordon, Ashok Bharucha, and Robert A. Pearlman
FOR pHysIcIaNs aND OTHER cLINIcIaNs wHO caRE fOR paTIENTs wITH LIfE-THREaTENINg ILLNEssEs, REspONDINg TO a paTIENT’s REqUEsT fOR pHysIcIaN-assIsTED sUIcIDE (¿¾¼) Is aN I¸pORTaNT cLINIcaL skILL. ALTHOUgH ±REgON Is THE ONLy sTaTE TO HaVE LEgaLIzED ¿¾¼, paTIENTs IN EVERy sTaTE REpORT THaT THEy THINk abOUT ¿¾¼, aND pHysIcIaNs IN EVERy sTaTE DIscUss ¿¾¼.à ºN a NaTIONaL sURVEy INVOLVINg 988 TER¸INaLLy ILL paTIENTs, 60 pERcENT Of paTIENTs sUppORTED ¿¾¼ IN a HypOTHETIcaL sITUaTION, aND 10 pERcENT HaD sERIOUsLy cONsIDERED ¿¾¼ fOR THE¸sELVEs.Ä ºN pHysIcIaN sURVEys, 18 TO 24 pERcENT Of pRI¸aRy caRE pHysIcIaNs aND 46 TO 57 pERcENT Of ONcOLOgIsTs sTaTED THaT THEy HaVE REcEIVED a REqUEsT fOR ¿¾¼.Æ–Ï WHEN a paTIENT asks fOR ¿¾¼, HOw sHOULD a cLINIcIaN REspOND? ´xpERTs agREE THaT aN INITIaL cLINIcaL REspONsE sHOULD INcLUDE THE fOLLOwINg: THE cLINIcIaN sHOULD ask wHy THE paTIENT Is INTEREsTED IN ¿¾¼, ExpLORE THE ¸EaNINgs UNDERLyINg THE REqUEsT, assEss wHETHER paLLIaTIVE caRE Is aDEqUaTE (EspEcIaLLy IN aDDREssINg DEpREssION), aND REVIsE THE caRE pLaN TO REspOND TO THE paTIENT’s cONcERNs.ЖÃà SINcE ¿¾¼ REqUEsTs ¸ay NOT pERsIsT, THEsE INITIaL cLINIcaL REspONsEs aRE ExTRE¸ELy I¸pORTaNT. BEyOND THE INITIaL REspONsE, HOwEVER, THERE Is cONTROVERsy abOUT wHETHER cLINIcIaNs sHOULD DIscLOsE THEIR OwN
ANTHONy ². Back, ÁELENE STaRks, CLaRIssa ÁsU, JUDITH ³. GORDON, AsHOk BHaRUcHa, aND ³ObERT A. PEaRL¸aN, “CLINIcIaN-PaTIENT ºNTERacTIONs abOUT ³EqUEsTs fOR PHysIcIaN-AssIsTED SUIcIDE: A PaTIENT aND Fa¸ILy ÂIEw,” fRO¸ Archives of Internal Medicine 162, NO. 11 (2002): 1257–1265. © 2002 by A¸ERIcaN MEDIcaL AssOcIaTION. ³EpRINTED by pER¸IssION Of A¸ERIcaN MEDIcaL AssOcIaTION. ALL RIgHTs REsERVED.
¸ORaL bELIEfs abOUT ¿¾¼, OffER sEDaTION fOR REfRacTORy sy¸pTO¸s OR INTOLERabLE sUffERINg, OR pROVIDE a pREscRIpTION fOR ¿¾¼ IN a sTaTE wHERE IT Is ILLEgaL.ÃÄ–ÃÏ
281
TIsE, LITTLE E¸pIRIcaL REsEaRcH Has bEEN cONDUcTED TO IDENTIfy ExacTLy wHaT skILLs aND ExpERTIsE aRE REqUIRED.Ñ–×,Ãà PREVIOUs sURVEys Of pHysIcIaNs sUggEsT THaT THE ¸OsT pRO¸INENT cONcERNs fOR paTIENTs cONsIDERINg ¿¾¼ aRE NONpHysIcaL cONcERNs abOUT DyINg, sUcH as LOss Of cONTROL aND LOss Of DIgNITy.Æ,ÃÐ YET a qUaLITaTIVE sTUDy Of pHysIcIaNs wHO DEaLT wITH ¿¾¼ REqUEsTs INDIcaTED THaT pHysIcIaNs fELT LEasT cO¸pETENT IN aDDREssINg ExIsTENTIaL sUffERINg. ÃÑ JUDgINg by THEsE sTUDIEs IN THE ¸EDIcaL LITERaTURE aND aNEcDOTEs IN THE Lay pREss,ÃÒ–ÄØ IT appEaRs THaT THE NONpHysIcaL cONcERNs abOUT DyINg THaT pRO¸pT paTIENTs TO cONsIDER ¿¾¼ aRE IssUEs THaT ¸aNy pHysIcIaNs fEEL pOORLy EqUIppED TO aDDREss. WE cONDUcTED aN INTENsIVE qUaLITaTIVE INTERVIEw sTUDy wITH paTIENTs wHO sERIOUsLy pURsUED ¿¾¼ aND wITH THEIR fa¸ILy ¸E¸bERs. °E pRI¸aRy sTUDy ObjEcTIVEs wERE TO DEscRIbE THE REasONs THaT THE paTIENT was pURsUINg ¿¾¼, THE NaRRaTIVE Of EVENTs LEaDINg TO DEaTH, aND INTERacTIONs wITH pHysIcIaNs aND OTHER cLINIcIaNs. °Is aRTIcLE REpORTs OUR fiNDINgs abOUT INTERacTIONs wITH cLINIcIaNs. WE askED OUR paRTIcIpaNTs TO DEscRIbE THEIR cONVERsaTIONs wITH THEIR pHysIcIaNs aND OTHER ¸EDIcaL cLINIcIaNs abOUT ¿¾¼. FRO¸ THEsE DaTa, wE IDENTIfiED THE¸Es THaT DEscRIbE qUaLITIEs Of cLINIcIaN-paTIENT INTERacTIONs abOUT ¿¾¼ THaT paTIENTs aND fa¸ILy ¸E¸bERs VaLUED. ºN DEscRIbINg wHaT paTIENTs aND fa¸ILy ¸E¸bERs VaLUED wHEN DIscUssINg ¿¾¼, wE HOpE TO pROVIDE gUIDaNcE fOR cLINIcIaNs facED wITH THEsE DIfficULT cONVERsaTIONs, REgaRDLEss Of THEIR wILLINgNEss TO pROVIDE ¿¾¼ OR ITs LEgaL sTaTUs. A qUaLITaTIVE DEsIgN was cHOsEN fOR THIs sTUDy bEcaUsE Of THE Lack Of E¸pIRIcaL DaTa DEscRIbINg HOw cLINIcIaNs REspOND TO REqUEsTs fOR ¿¾¼. WE UsED sE¸IsTRUcTURED INTERVIEws TO yIELD DaTa THaT wE aNaLyzED aND DEVELOpED INTO a DEscRIpTION Of I¸pORTaNT qUaLITIEs Of cLINIcIaN-paTIENT cO¸¸UNIcaTION abOUT ¿¾¼ fRO¸ THE pERspEcTIVEs Of paTIENTs aND THEIR fa¸ILy ¸E¸bERs. °E sa¸pLINg fRa¸E fOR THIs sTUDy INcLUDED paTIENTs aND fa¸ILy ¸E¸bERs wHO wERE acTIVELy sEEkINg INfOR¸aTION aND accEss TO ¿¾¼ bEcaUsE wE waNTED TO DEscRIbE THE pROcEss Of pLaNNINg aND I¸pLE¸ENTINg ¿¾¼. °Is sa¸pLE INcLUDEs a sELf-sELEcTED gROUp Of paTIENTs aND fa¸ILy ¸E¸bERs wHO sOUgHT OUT aDVOcacy ORgaNIzaTIONs THaT spEcIficaLLy HELp paTIENTs ORgaNIzE a ¿¾¼. °EREfORE, THE sa¸pLE Is LI¸ITED TO THOsE paTIENTs aND THEIR fa¸ILIEs wHO wERE ENgagED IN assEssINg ¿¾¼ as a cONcRETE OpTION fOR DETER¸ININg THE TI¸INg aND cIRcU¸sTaNcEs Of THEIR DEaTH. WE fOcUsED ON TwO gROUps Of paRTIcIpaNTs: (1) a pROspEcTIVE cOHORT Of
ediciuS detsissA-naicisyhP
ALTHOUgH ExpERT REcO¸¸ENDaTIONs fOR REspONDINg TO ¿¾¼ REqUEsTs pREsU¸E THaT cLINIcIaNs pOssEss cO¸¸UNIcaTION skILLs aND paLLIaTIVE caRE ExpER-
paTIENTs wHO wERE cURRENTLy pURsUINg ¿¾¼ (aND THEIR fa¸ILy ¸E¸bERs); aND
282
(2) a RETROspEcTIVE cOHORT Of fa¸ILy ¸E¸bERs wHO HaD bEEN INVOLVED wITH a paTIENT pURsUINg ¿¾¼. BasED ON OTHER qUaLITaTIVE sTUDIEs, wE EsTI¸aTED THaT
. l a te kcaB . L y n o h t n A
abOUT 30 fa¸ILIEs wOULD pROVIDE ENOUgH DaTa sUcH THaT aDDITIONaL DaTa wOULD faIL TO cONTRIbUTE fURTHER TO ExpLaININg THE pHENO¸ENa bEINg sTUDIED, a cONDITION caLLED theoretical saturation. ±UR sa¸pLE sIzE Of 35 fa¸ILIEs was NOT INTENDED TO bE a cO¸pREHENsIVE VIEw Of aLL paTIENTs sEEkINg ¿¾¼, bUT IT was aDEqUaTE TO DEscRIbE THIs paRTIcULaR gROUp Of paTIENTs aND fa¸ILy ¸E¸bERs. °IRTy Of THE 35 casEs OccURRED IN a sTaTE wHERE ¿¾¼ Is ILLEgaL. (FOR ¸ORE ON THE sTUDy paRTIcIpaNTs aND ¸ETHODs, sEE THE appENDIx aT THE END Of THIs cHapTER.)
Results ³ARTIcIpANT CHARAcT±RISTIcS WE sTUDIED 35 casEs Of paTIENTs wHO pURsUED ¿¾¼ aND THEIR fa¸ILy ¸E¸bERs. ¹abLE 1 aND TabLE 2 gIVE THE cHaRacTERIsTIcs Of THE paRTIcIpaNTs. ¹abLE 1 aLsO LIsTs THE ¸aNNER Of DEaTH aND wHERE THE paTIENTs ObTaINED THEIR LETHaL pREscRIpTION. FOR THE pROspEcTIVE cOHORT, THE ¸EaN TI¸E bETwEEN THE fiRsT INTERVIEw wITH paTIENTs aND DEaTH was 10.6 ¸ONTHs (RaNgE, 0.1–30.6 ¸ONTHs). FOR THE RETROspEcTIVE cOHORT, THE ¸EaN TI¸E bETwEEN THE paTIENT’s DEaTH aND THE fiRsT INTERVIEw wITH a fa¸ILy ¸E¸bER was 20.2 ¸ONTHs (RaNgE, 2.4–49.5 ¸ONTHs).
»H±M±S MOsT paTIENTs aND fa¸ILy ¸E¸bERs cOULD REcaLL THE ¿¾¼ DIscUssIONs wITH THEIR cLINIcIaNs IN sUbsTaNTIaL DETaIL. °EIR fiRsT-HaND accOUNTs Of cLINIcIaN INTERacTIONs REgaRDINg a ¿¾¼ REqUEsT pROVIDE I¸pORTaNT DaTa abOUT THEIR pERcEpTIONs Of cLINIcaL caRE RELaTED TO ¿¾¼. °E THE¸Es sU¸¸aRIzE wHaT paTIENT aND fa¸ILy ¸E¸bERs VaLUED IN cO¸¸UNIcaTINg wITH cLINIcIaNs abOUT ¿¾¼.
Openness to Discussion about ±²³ PaTIENTs aND fa¸ILy ¸E¸bERs HIgHLy VaLUED cLINIcIaNs wHO wERE wILLINg aND OpEN TO DIscUssINg ¿¾¼. WHEN THEy ENcOUNTERED a cLINIcIaN wHO was wILLINg TO DIscUss ¿¾¼, THEy fELT abLE TO DIscLOsE ¸aNy cONcERNs abOUT DyINg. °Ey aLsO fELT LUcky bEcaUsE THEy kNEw ¿¾¼ was cONTROVERsIaL. As ONE fa¸ILy ¸E¸bER pUT IT, wHaT sHE waNTED was “aNOTHER saNE aDULT” wHO cOULD “TaLk IN TER¸s . . . THaT RE¸OVE THE TabOO fRO¸ THE pROcEss” by gIVINg “a REaL, cLEaR pIcTURE Of pOssIbLE
CHARAcT±RISTIcS ³´bµ¶ 1³ATI±NT
283 (n = 12)
Characteristic AgE, ¸EaN (ÖÔ)
ÑÄ (ÃØ) [ÐØ–Ò×]
Total Patients
(n = 23) ÐÐ (Ã×) [ÆÆ–××]
(N = 35) ÐÒ (ÃÐ) [ÆÆ–××]
[RaNgE], y FE¸aLE
Ð
ÃÃ
ÃÑ
WHITE
ÃÄ
ÄÆ
ÆÏ
Î
ÃÎ
ÃÒ
Ã
Î
Ï
WIDOwED
Ï
Î
×
µEVER ¸aRRIED
Ä
Ã
Æ
ÁIgH scHOOL OR LEss
Ã
Æ
Î
SO¸E cOLLEgE
Ð
Ï
ÃÃ
BacHELOR’s DEgREE
Î
Æ
Ñ
GRaDUaTE DEgREE
Ã
Ï
Ð
·NkNOwN
Ø
Ñ
Ñ
CaNcER
Ò
ÃÎ
ÄÄ
¾id¼
Ã
Î
Ï
µEUROLOgIc
Ã
Î
Ï
±THER†
Ä
Ã
Æ
Ñ
ÃÒ
ÄÏ
Ï
ÃÆ
ÃÒ
´UTHaNasIa§
Ä
Ï
Ñ
·NDERLyINg ILLNEss
Î
Î
Ò
SELf-INflIcTED
Ø
Ã
Ã
1
0
1
MaRITaL sTaTUs MaRRIED OR LIVINg wITH paRTNER ¶IVORcED OR sEpaRaTED
´DUcaTION
·NDERLyINg ILLNEss
³EcEIVED HOspIcE aND/ OR HO¸E HEaLTH caRE MaNNER Of DEaTH PHysIcIaN-assIsTED sUIcIDE‡
gUNsHOT wOUND STILL aLIVE aT THE END Of THE sTUDy
ediciuS detsissA-naicisyhP
Prospective Cases Retrospective Cases
³´bµ¶ 1cONTINU±d
284 Prospective Cases Retrospective Cases (n = 12)
Characteristic
Total Patients
(n = 23)
(N = 35)
. l a te kcaB . L y n o h t n A
SOURcE Of LETHaL pREscRIpTION PRI¸aRy OR
Ð
ÃÆ
Ã×
Æ
Ð
×
Ä
Î
Ð
Ø
Ã
Ã
Ä
×
ÃÃ
FEE fOR sERVIcE
Æ
Ò
ÃÃ
MEDIcaID ONLy
Ø
Æ
Æ
Ï
Ä
Ñ
Ä
Ã
Æ
spEcIaLTy caRE pROVIDER FRIENDs OR acqUaINTaNcEs ¶ID NOT ObTaIN ¸EDIcaTIONs ¶EcLINED TO REpORT
ÁEaLTH INsURaNcE hmo (INcLUDEs ÂETERaNs AffaIRs)
+
MEDIcaRE
sUppLE¸ENTaL
+
MEDIcaRE MEDIcaID
*¶aTa aRE gIVEN as NU¸bER Of paTIENTs, ExcEpT fOR agE. ¶aTa fOR pROspEcTIVE casEs aRE REpORTED fRO¸ 12 paTIENTs aND 20 Of THEIR fa¸ILy ¸E¸bERs; DaTa fOR RETROspEcTIVE casEs aRE REpORTED abOUT 23 paTIENTs by 28 Of THEIR fa¸ILy ¸E¸bERs. ÝÚÔÖ INDIcaTEs acqUIRED I¸¸UNODEficIENcy syNDRO¸E; ÛÓÞ, HEaLTH ¸aINTENaNcE ORgaNIzaTION. †
±THER INcLUDEs THE fOLLOwINg DIagNOsEs: aUTOI¸¸UNE DIsEasE, bRONcHIOLITIs
ObLITERaNs, aND DEbILITaTINg UNExpLaINED paIN syNDRO¸E. ‡
¶EaTH by pHysIcIaN-assIsTED sUIcIDE INcLUDED paTIENTs wHO HaD ¸EDIcaTIONs
THaT THEy VOLUNTaRILy INgEsTED wITH THE pRI¸aRy INTENTION Of ENDINg THEIR LIVEs. §
¶EaTH by EUTHaNasIa INcLUDED paTIENTs wHO askED cLINIcaNs OR fa¸ILy ¸E¸-
bERs TO aD¸INIsTER a LETHaL DOsE Of ¸EDIcaTION wITH THE pRI¸aRy INTENT Of caUsINg DEaTH. PaTIENTs wHO DIED by EUTHaNasIa EITHER wERE cO¸pETENT aT THE TI¸E Of DEaTH bUT NOT abLE TO sELf-aD¸INIsTER ¸EDIcaTIONs, OR wERE DEcIsIONaLLy INcapacITaTED bUT HaD spEcIficaLLy REqUEsTED THaT ¸EDIcaTIONs bE aD¸INIsTERED If THEy LOsT DEcIsIONaL capacITy.
CHARAcT±RISTIcS ³´bµ¶ 2FAMIlY µ±Mb±R
285 Family Mem±ers Family Mem±ers Total Family of Retrospective Mem±ers
Cases (n = 20)
Cases (n = 28)
(N = 48)
Ã.Ñ (ÖÎ)
Ã.Ä (ÖÆ)
Ã.Î (ÖÎ)
Fa¸ILy ¸E¸bERs INTERVIEwED pER casE, ¸EaN (RaNgE) ³ELaTIONsHIp TO paTIENT SpOUsE OR paRTNER
Ï
ÃØ
ÃÏ
¶aUgHTER
Ï
ÃØ
ÃÏ
SON
Ð
Ä
Ò
±THER IN-Law
Ã
Æ
Î
FRIEND
Æ
Æ
Ð
AgE, ¸EaN (RaNgE), y
Ïà (ÆÖÒÄ)
ÏÄ (Ä×–ÑÎ)
Ïà (Ä×–ÒÄ)
FE¸aLE sEx
ÃÃ
ÃÑ
ÄÒ
WHITE RacE
ÄØ
ÄÑ
ÎÑ
ÁIgH scHOOL OR LEss
Æ
Ø
Æ
SO¸E cOLLEgE
Ï
Æ
Ò
BacHELOR’s DEgREE
Ï
Î
×
GRaDUaTE DEgREE
Ð
ÃÏ
ÄÃ
·NkNOwN
Ã
Ð
Ñ
´DUcaTION
µOTE: ¶aTa aRE gIVEN as NU¸bER Of ¸E¸bERs, ExcEpT fOR agE.
appROacHEs wITHOUT aDVOcaTINg [¿¾¼].” °E fOLLOwINg cOUNTERExa¸pLE UNDERscOREs THE I¸pORTaNcE Of cLINIcIaN OpENNEss TO DIscUssION abOUT ¿¾¼. º kNOw THE pHysIcIaN THaT wE HaD—THE cONVERsaTIONs wERE a sTRUggLE wITH HI¸ bEcaUsE wE cOULDN’T TaLk abOUT HasTENINg THE DEaTH. SO THERE was, LIkE, a paRT Of Us THaT wE cOULD NOT TaLk abOUT, wHIcH ¸aDE OUR qUEsTIONs LI¸ITED. SO IT was LIkE wE DIDN’T HaVE accEss TO INfOR¸aTION THaT wOULD HaVE aLLOwED OUR cONVERsaTIONs TO bE ¸ORE fULL aND ¸ORE fULLy INfOR¸ED. PaTIENTs aND fa¸ILy ¸E¸bERs aTTRIbUTED cLINIcIaN UNwILLINgNEss TO DIscUss ¿¾¼ TO a VaRIETy Of REasONs. SO¸E cLINIcIaNs wERE UNwILLINg TO DIscUss ¿¾¼ bEcaUsE IT was ILLEgaL. °EsE cLINIcIaNs bEHaVED as If DIscUssIONs Of ¿¾¼ IN aND Of THE¸sELVEs wERE ILLEgaL aND DaNgEROUs. ±NE paTIENT ObsERVED THaT “aLL [¸y pHysIcIaNs] TaLk abOUT Is THE LEgaLITy Of IT,” aND aNOTHER cONcLUDED THaT
ediciuS detsissA-naicisyhP
of Prospective Characteristic
cLINIcIaNs “HaVE TO HIDE THEIR fEELINgs abOUT [¿¾¼], sO as NOT TO jEOpaRDIzE
286
THEIR caREERs.” ºN OTHER casEs, paTIENTs aND fa¸ILy ¸E¸bERs REpORTED THaT THE TOpIc Of ¿¾¼ pROVOkED a sTRONg E¸OTIONaL REspONsE fRO¸ cLINIcIaNs THaT ¸aDE
. l a te kcaB . L y n o h t n A
fURTHER cONVERsaTION awkwaRD. FOR Exa¸pLE, ONE fa¸ILy ¸E¸bER DEscRIbED a NEUROLOgIsT wHO was “sO aDa¸aNT THaT ¿¾¼ was a TERRIbLE THINg aND THE wRONg THINg TO DO . . . IT was kIND Of awfUL.” ANOTHER sUbjEcT DEscRIbED a pHysIcIaN’s REacTION TO a ¿¾¼ REqUEsT as “pROTEcTIVE [Of HI¸sELf] . . . NOT aT aLL sy¸paTHETIc OR cO¸fORTINg.” ±NE paTIENT DEscRIbED HOw sHE cOULD DETEcT THaT HER ONcOLOgIsT bEca¸E “REaLLy UNcO¸fORTabLE” TaLkINg abOUT ¿¾¼ OR “aNyTHINg” abOUT DyINg, aND sHE cHaNgED THE sUbjEcT fOR HI¸. SHE saID, “º LEaRNED THaT HE’s a basEbaLL faN aND ¸UcH ¸ORE cO¸fORTabLE If º cHaNgE THE TOpIc TO basEbaLL. . . . ºT’s awfUL wHEN yOU HaVE TO TRy TO ¸akE THE¸ fEEL cO¸fORTabLE, bUT THaT’s THE way IT Is.” ±THER cLINIcIaNs sEE¸ED TO waNT TO ¸aINTaIN a bIO¸EDIcaL fOcUs. ±NE fa¸ILy ¸E¸bER saID, “°Ey wON’T TaLk TO yOU abOUT [¿¾¼] EVEN as a pOssIbILITy. ºT’s LIkE, ‘º kNOw THaT HappENs, bUT—wHaT abOUT LET’s DO THE cHE¸OTHERapy.’ ” °E VaLUE Of cLINIcIaN OpENNEss TO DIscUssINg ¿¾¼ wENT bEyOND THIs TOpIc aLONE. PaTIENTs fELT THaT a cLINIcIaN wILLINg TO TaLk abOUT ¿¾¼ ¸IgHT aLsO bE wILLINg TO DIscUss OTHER wORRIEs, fEaRs, aND VULNERabILITIEs abOUT ILLNEss aND DyINg. As ONE paTIENT saID, “´VERyTHINg was LaID OUT ON THE TabLE. ±H, yOU bET, yEaH. BEcaUsE HE caN’T HELp yOU—NObODy caN HELp yOU If THEy DON’T kNOw wHaT’s gOINg ON IN yOUR LIfE.” ºN a DIffERENT casE, a fa¸ILy ¸E¸bER DEscRIbED HOw HER faTHER’s RELaTIONsHIp wITH THE casEwORkER fRO¸ aN aDVOcacy ORgaNIzaTION pROVIDED a DIffERENT DI¸ENsION Of caRE THaN HE REcEIVED fRO¸ HIs ONcOLOgIsT. °E fa¸ILy ¸E¸bER saID, “ºT pROVIDED a pLacE wHERE HE cOULD TaLk abOUT HIs ILLNEss. ÁE DIDN’T TaLk abOUT HasTENINg HIs DEaTH [bEcaUsE HE was pREpaRED aND DID NOT THINk IT was TI¸E]. ÁE’s jUsT DEscRIbINg TO THE¸ wHaT’s gOINg ON wITH HI¸ aND sO ON. BUT IT’s gOOD TO HaVE a pLacE LIkE THaT.” °Us, paTIENTs ¸ay UsE TaLkINg abOUT ¿¾¼ as a gaTEway TO TaLk abOUT DyINg. ºT’s NOT THaT sHE [¸y fRIEND, THE paTIENT] DOEsN’T waNT TO [TaLk abOUT DyINg]; THaT’s THE saD THINg. SHE’s sITTINg HERE HOLDINg aLL Of THIs sTUff IN, aND TO ¸E THE ¸OsT I¸pORTaNT EVENTs IN yOUR LIfE aRE yOUR TRaNsITIONs, yOUR bIRTH aND yOUR DEaTH . . . THE bEgINNINg aND THE END Of THIs pHysIcaL ExIsTENcE. BUT yOU caN’T TaLk TO yOUR DOcTOR abOUT IT wITHOUT THE¸ gETTINg aLL wEIRD, [THINkINg] THaT yOU’RE sUIcIDaL OR sO¸ETHINg. °Is paTIENT, DURINg HER OwN INTERVIEw, wEpT as sHE DEscRIbED HER fRUsTRaTION TRyINg TO TaLk TO ONE Of HER DOcTORs. SHE saID, “YOU’RE TRyINg TO gET a DOcTOR
TO sIT DOwN aND LIsTEN TO yOU . . . bUT THEy NEVER, EVER gET THE OVERaLL pIcTURE.” ÁER cLINIcIaNs’ UNwILLINgNEss TO DIscUss ¿¾¼ REsULTED IN ¸IssED OppORTUNITIEs
287
Of LIfE, HER pROgNOsIs, aND HER sUffERINg. ANOTHER VaLUE Of cLINIcIaN OpENNEss Is THaT IT facILITaTED a cO¸pLETE EVaLUaTION Of a ¿¾¼ REqUEsT. PaRTIcIpaNTs DEscRIbED cLINIcIaNs wHO wERE wILLINg TO assIsT paTIENTs aND fa¸ILIEs bUT wHO aVOIDED DIscUssINg ¿¾¼ OpENLy OR ExpLIcITLy. ºN THEsE casEs, THE cLINIcIaNs fULfiLLED ¿¾¼ REqUEsTs wITH LITTLE EVaLUaTION. ±NE paTIENT’s wIfE saID, “My HUsbaND, wITH THE aDVIcE Of a DOcTOR fRIEND THaT LIVEs IN [aNOTHER sTaTE], wENT TO HIs caRDIOLOgIsT . . . AND HE TOLD THE DOcTOR THaT HE NEEDED SEcONaL. AND THIs DOcTOR Has kNOwN ¸y HUsbaND fOR a LONg TI¸E, aND aLL HE saID was, º TRUsT yOU HaVE a gOOD REasON, aND gaVE IT TO HI¸, a pREscRIpTION fOR IT.” ºN THIs casE, a fa¸ILy ¸E¸bER ObTaINED a pREscRIpTION fOR ¿¾¼ fRO¸ a pHysIcIaN wHO HaD NEVER ¸ET THE paTIENT. °Is Is aN ExTRE¸E casE IN OUR sa¸pLE bUT IT Is NOT UNIqUE. ¹wO OTHER paTIENTs IN OUR sTUDy ObTaINED pREscRIpTIONs wITHOUT aNy ¸EDIcaL EVaLUaTION. ºN ONE Of THEsE casEs, a fa¸ILy ¸E¸bER fOUND THaT aſtER a VIsIT wITH THE paTIENT’s ONcOLOgIsT, THE NEcEssaRy pREscRIpTIONs HaD bEEN TUckED INTO HER pURsE wITHOUT HER kNOwLEDgE. CLINIcIaNs wHO DEaL ObLIqUELy wITH ¿¾¼ REqUEsTs ¸ay ¸Iss OppORTUNITIEs TO fULLy EVaLUaTE aND UNDERsTaND THE IssUEs UNDERLyINg THE REqUEsT.
Expertise in Dealing with the Dying Process ±NE I¸pORTaNT TypE Of cLINIcIaN ExpERTIsE was THE abILITy TO DEscRIbE THE NaTURaL HIsTORy Of ILLNEss aND caRE OpTIONs IN THE LasT Days Of LIfE. PaTIENTs aND fa¸ILIEs wERE ExTRE¸ELy sENsITIVE TO THE ways IN wHIcH cLINIcIaNs TaLkED— OR aVOIDED TaLkINg—abOUT THEsE IssUEs. A wO¸aN wITH ¸ETasTaTIc OVaRIaN caNcER fOUND THaT sHE cOULD NOT gET INfOR¸aTION fRO¸ HER ONcOLOgIsT abOUT HOw sHE wOULD DIE, sO sHE wENT TO a ¸EDIcaL LIbRaRy aND REaD a TExTbOOk ON gyNEcOLOgIc caNcER. WHaT sHE LEaRNED was THaT DyINg Of OVaRIaN caNcER was “LONg, pROTRacTED, NOT VERy Happy . . . ORgaN faILUREs OR bLOckagEs OR bLOOD pOIsONINg OR pNEU¸ONIa, aND IT TakEs a wHOLE cO¸bINaTION Of THINgs TO fiNaLLy jUsT bE faTaL.” ALTHOUgH sHE cONfRONTED HER ONcOLOgIsT wITH THIs INfOR¸aTION, sHE LEſt wITHOUT REassURaNcE THaT sHE cOULD aVOID a LONg, agONIzINg DEaTH. SHE cONcLUDED THaT ¿¾¼ was pRObabLy THE LEasT wORsT way fOR HER TO DIE. ºN a DIffERENT casE, aNOTHER paTIENT was TOLD by HIs pHysIcIaN THaT IN “aLL THE ¾id¼ casEs IN THE cITy, IT was THE wORsT THRUsH THEy’D EVER sEEN.” ÁIs paRTNER REpORTED:
ediciuS detsissA-naicisyhP
TO cONNEcT wITH THIs paTIENT’s DEEpEsT cONcERNs, wHIcH INcLUDED HER qUaLITy
±UR DOcTOR was LIkE, yOU DO NOT waNT TO DIE Of THRUsH, aND THEN kIND Of
288
DEscRIbED HOw IT wOULD HappEN. BasIcaLLy, HE saID THE THRUsH wOULD gROw aND sHUT Off yOUR EsOpHagUs, sO THaT yOU’D NOT bE abLE TO swaLLOw . . . [¸y
. l a te kcaB . L y n o h t n A
paRTNER] wOULD DROOL cONsTaNTLy aND END Up sTaRVINg TO DEaTH, bEcaUsE HE wOULDN’T bE abLE TO pass aNy fOOD DOwN. °E DOcTOR saID, “YOU DON’T waNT TO DIE LIkE THaT.” AND THaT’s wHEN [¸y paRTNER] DEcIDED TO DO a HasTENED DEaTH. °E paTIENT aND HIs paRTNER INTERpRETED THE pHysIcIaN’s sTaTE¸ENTs, wHIcH DID NOT INcLUDE a ¸EDIcaL REspONsE TO fEaRs Of DROOLINg aND sTaRVINg TO DEaTH, as a TacIT ENDORsE¸ENT Of ¿¾¼ as THE bEsT OpTION IN THEIR cIRcU¸sTaNcEs. BEfORE THIs cONVERsaTION, THE paTIENT was aLREaDy cONsIDERINg ¿¾¼, bUT THIs cONVERsaTION ¸aRkED a TURNINg pOINT IN HIs INTEREsT. ANOTHER VaLUED TypE Of cLINIcaL ExpERTIsE was DEfiNINg REasONabLE ExpEcTaTIONs abOUT DyINg aND THEN DELIVERINg THE caRE NEcEssaRy TO fULfiLL THOsE ExpEcTaTIONs. ±NE wO¸aN wITH LUNg caNcER was VERy sUspIcIOUs Of DOcTORs aND HOspITaLs, bELIEVINg THaT “caNcER Is bIg bUsINEss.” SHE DEcLINED aNTIcaNcER THERapIEs bUT was wILLINg TO ExpLORE paLLIaTIVE caRE OpTIONs. ÁER pHysIcIaN REfERRED HER TO HOspIcE, aND HER ExpERIENcE THERE ¸aDE HER RETHINk HER cO¸¸IT¸ENT TO ¿¾¼: BEfORE °aNksgIVINg, º wENT OVER TO THE HOspIcE [aN INpaTIENT UNIT] fOR REspITE caRE. ºT’s a wONDERfUL pLacE. ºT’s absOLUTELy wONDERfUL. ·NLIkE a HOspITaL, yOU DON’T sEE aNy UNIfOR¸s; yOU aRE NOT µO. 14 OR µO. 12; yOU aRE a pERsON. °E ONLy THINg THaT REsE¸bLEs a HOspITaL Is THE bED aND THE TRay TabLE. ±UTsIDE Of THaT, THERE Is absOLUTELy NOTHINg THaT REsE¸bLEs a HOspITaL. °ERE Is NO NOIsE Of aNyONE bEINg IN paIN. ºT’s wONDERfUL; IT REaLLy Is. [My] ¸aIN cONcERN Is TO bE paIN fREE, aND THEy DO TakE caRE Of THaT. SHE ULTI¸aTELy DIED Of pROgREssIVE caNcER aT HO¸E wITH HOspIcE caRE. ANOTHER casE Of a paTIENT wITH aDVaNcED acqUIRED I¸¸UNODEficIENcy syNDRO¸E ExE¸pLIfiEs wHaT caN HappEN wHEN cLINIcIaNs OVERpRO¸IsE a “paIN- fREE” DEaTH: °E pHysIcIaN ENcOURagED [sTOppINg TOTaL paRENTERaL NUTRITION] as a NIcE way TO gO aND saID THaT THaT wOULD bE pRObabLy a 3-wEEk pROcEss, ¸aybE 4 aT THE ¸OsT, bUT pRObabLy 3. “°aT’s a VERy pLEasaNT way TO DIE. ºT’s paIN fREE.” . . . WE wENT IN aND OUT Of THE E¸ERgENcy ROO¸ 3 TI¸Es OVER paIN IN THE LasT 2 wEEks Of HIs LIfE . . . aND HE HaD gREaT, agONIzINg, LOwER abDO¸INaL paIN THROUgH IT aLL. SO º fELT REaL cHEaTED abOUT THaT. ºT wasN’T THIs qUIET, paIN-fREE ExIsTENcE. . . . ºf yOU’RE gOINg TO ¸akE a gUaRaNTEE THaT a pERsON Is REaLLy NOT gOINg TO bE IN paIN, yOU NEED TO ¸akE sURE THaT
THEy’RE NOT. AND If yOU DON’T THINk THaT yOU caN ¸akE sURE, yOU sHOULDN’T pRO¸IsE.
289
paRTNER bEgaN TO pLaN a ¿¾¼. A THIRD TypE Of ExpERTIsE was INDIVIDUaLIzINg paIN cONTROL TO ¸EET paTIENT gOaLs. ºN ONE casE, THE absENcE Of THIs ExpERTIsE LED TO a DEaTH by a sELf- INflIcTED gUNsHOT wOUND. °E paTIENT HaD paINfUL bONy ¸ETasTasEs TO HIs spINE aND was “ON 800 ¸ILLIgRa¸s Of ¸ORpHINE a Day. BEsIDEs aLL THE ³OxIcET HE cOULD ¸aNagE TO kEEp DOwN.” ÁIs ONcOLOgIsT REfERRED HI¸ TO HOspIcE fOR bETTER paIN ¸aNagE¸ENT. ÁOwEVER, THE paTIENT aND HIs wIfE fOUND THaT THEIR HOspIcE pROVIDERs HaD aN agENDa abOUT paIN cONTROL THaT DID NOT aLLOw fOR THE facT THaT HIs TOp pRIORITy was TO ¸aINTaIN a sENsE Of cONTROL OVER HIs sITUaTION. °Ey pUT HI¸ ON a ¸ORpHINE pU¸p. ºT TOOk HI¸ a cOUpLE Of Days TO aDjUsT IT, aND THEy wERE ExTRE¸ELy caRINg. °Ey HOVERED. °Ey jUsT abOUT DROVE HI¸ Up THE waLL. [°Ey saID,] “WE’RE gOINg TO kILL yOUR paIN.” WELL, THEy kILLED HIs paIN. ÁE was UNcONscIOUs fOR aL¸OsT 24 HOURs. FLaT ON HIs back. ÁE HaD NOT bEEN abLE TO Lay ON HIs back. ÁE was TOTaLLy OUT Of IT. ÁE gOT Up THE NExT Day aND HE saID, “º fEEL LIkE ³ay MILLaND’s ‘²OsT WEEkEND.’ ” [°aT ¸OVIE was abOUT] aN aLcOHOLIc wHO jUsT wENT THROUgH aLL sORTs Of, jUsT, dts aND, yOU kNOw, IT jUsT—REaLLy HELL ON wHEELs. AND THaT’s ExacTLy HOw ¸y HUsbaND fELT. ÁE saID, “º caN’T THINk; º caN’T DO THIs.” °E NExT ¸ORNINg, THE paTIENT fiRED THE HOspIcE aND DIscONTINUED THE paIN REgI¸EN. “±NcE THE HOspIcE pEOpLE HaD kNOckED HI¸ fOR 1 LOOp, HE wasN’T gOINg TO LET IT HappEN agaIN,” ExpLaINED HIs wIfE. °E fOLLOwINg Day, THE paTIENT waRNED HIs wIfE NOT TO fOLLOw HI¸ OUTsIDE, wHERE HE pOsITIONED HI¸sELf OUT Of sIgHT aND sHOT HI¸sELf IN THE HEaD. °E HOspIcE NURsE wROTE IN HER bEREaVE¸ENT caRD, “AT LEasT HE gOT ONE gOOD NIgHT’s sLEEp,” TO wHIcH HIs wIfE REspONDED, “º aL¸OsT wENT THROUgH THE cEILINg.” A fiNaL TypE Of ExpERTIsE INVOLVED cLINIcIaN kNOwLEDgE abOUT THE LETHaL pOTENTIaL Of ¸EDIcaTIONs. ºN casEs IN wHIcH cLINIcIaNs HaD THIs kNOwLEDgE aND wERE wILLINg TO pROVIDE a pREscRIpTION fOR ¿¾¼, paTIENTs aND fa¸ILIEs wERE REassURED THaT If THEy ULTI¸aTELy DEcIDED TO I¸pLE¸ENT a ¿¾¼, IT wOULD bE sUccEssfUL. As ONE fa¸ILy ¸E¸bER saID: °E psycHIaTRIsT THaT [¸y HUsbaND] saw saID THaT HE DIDN’T UNDERsTaND wHy ¸y HUsbaND NEEDED TO bE IN HELL aNy¸ORE, OR ¸ysELf, aND THaT HE was sEEINg THaT a LOT HaD bEEN TRIED, aND HE THOUgHT THaT [¸y HUsbaND]
ediciuS detsissA-naicisyhP
WHEN DyINg pROVED TO bE NEITHER qUIET NOR paIN fREE, THE paTIENT aND HIs
sHOULD bE abLE TO END HIs LIfE If HE waNTED. SO HE bEgaN DEscRIbINg THE
290
cORREcT pILLs, aND sO THERE—aND sO THEN wHEN HE HaD IT, º RE¸E¸bER THERE was jUsT a HUgE RELIEf ON bOTH Of OUR paRTs aND DEEp gRaTEfULNEss TO THaT
. l a te kcaB . L y n o h t n A
pERsON. ºN OTHER casEs, HOwEVER, paTIENTs OR fa¸ILy ¸E¸bERs REcEIVED INsTRUcTIONs fRO¸ cLINIcIaNs TO INcREasE DOsEs Of ¸ORpHINE aND DIazEpa¸ TO HasTEN DEaTH THaT pROVED TO bE INcORREcT. ±NE fa¸ILy ¸E¸bER REcaLLED HOw a HOspIcE NURsE, wITH ExpLIcIT INsTRUcTIONs fRO¸ THE pHysIcIaN, TaUgHT HI¸ HOw TO UNLOck aN INTRaVENOUs paTIENT-cONTROLLED aNaLgEsIa DEVIcE aND HOw TO aD¸INIsTER a LETHaL DOsE Of ¸ORpHINE. “°Ey TOLD Us THaT wITHIN 3 TO 4 HOURs HIs HEaRT wOULD sTOp aND IT wOULD bE OVER. . . . ÂERy spEcIfic. AND wE wERE NEVER TOLD aNy aLTERNaTIVE. WE wERE NEVER TOLD IT ¸IgHT NOT wORk. . . . AND Of cOURsE, IT DIDN’T wORk.” AſtER 12 HOURs, THE paTIENT wOkE Up, aND HIs paRTNER spENT Days fRaNTIcaLLy sEaRcHINg fOR INfOR¸aTION aND sUppORT. °E paTIENT fiNaLLy ca¸E Up wITH THE IDEa Of DIssOLVINg sEcObaRbITaL TabLETs IN saLINE aND INjEcTINg THE¸ INTRaVENOUsLy. °E fa¸ILy ¸E¸bER caLLED THE pHysIcIaN aND HOspIcE NURsE fOR HELp, bUT “wHEN º askED wHaT wENT wRONg, THEy HaD NO IDEa.” ¶EspITE THEsE fRUsTRaTIONs wITH cLINIcIaN ExpERTIsE, paTIENTs aND fa¸ILy ¸E¸bERs RE¸aINED gENUINELy appREcIaTIVE Of cLINIcIaNs’ EffORTs ON THEIR bEHaLf.
Maintenance of a °erapeutic Patient-Clinician Relationship, Even When Patient and Clinician Disagree about ±²³ ´VERy paTIENT aND fa¸ILy ¸E¸bER IN THIs sTUDy REcOgNIzED THaT askINg fOR ¿¾¼ was a spEcIaL REqUEsT THaT wENT bEyOND THE UsUaL bOUNDaRIEs Of a cLINIcIaN-paTIENT RELaTIONsHIp. MaINTaININg THE cLINIcIaN-paTIENT RELaTIONsHIp was ¸aDE pOssIbLE by cLINIcIaN OpENNEss TO DIscUssION aND cLINIcIaN ExpERTIsE. ALsO, IT INVOLVED ExpLIcIT NEgOTIaTION abOUT THE ROLEs Of EacH paRTy IN THE RELaTIONsHIp as wELL as cLINIcIaN sELf-awaRENEss Of E¸OTIONaL VULNERabILITIEs. PaTIENTs aND fa¸ILy ¸E¸bERs wERE RELIEVED aND REassURED wHEN cLINIcIaNs ¸aDE aN ExpLIcIT cO¸¸IT¸ENT TO assIsT wITH ¿¾¼ IN sO¸E way. ÁOwEVER, wHEN cLINIcIaNs DEcLINED TO paRTIcIpaTE aND wERE abLE TO sET cLEaR bOUNDaRIEs abOUT THEIR ROLE, as IN THE Exa¸pLE bELOw, THEy cOULD sTILL ¸aINTaIN aN I¸pORTaNT RELaTIONsHIp wITH a paTIENT aND fa¸ILy ¸E¸bER. My INTERNIsT sI¸pLy wILL NOT DO [¿¾¼], NOT jUsT bEcaUsE Of fEaR Of THE Law, [bUT] bEcaUsE HIs appROacH Is HE wILL NOT END LIfE. . . . º aDORE ¸y INTERNIsT wHO, wHEN HE HaD ¸ORE TI¸E, UsED TO ¸akE HOUsE VIsITs TO sEE [¸y LaTE
HUsbaND wHEN HE was DyINg] aND pEp HI¸ Up. WONDERfUL. SO º LOVE THIs gUy; º REaLLy DO, EVEN THOUgH º DIsagREE wITH HI¸ ON THIs IssUE. º LOVE HI¸,
291
WHEN paTIENTs HaD HaD ¸EaNINgfUL RELaTIONsHIps wITH THEIR cLINIcIaNs, fa¸ILy ¸E¸bERs OſtEN waNTED sO¸E cLOsURE wITH THE¸. ºN OUR sTUDy, THIs OccURRED bOTH wHEN cLINIcIaNs assIsTED ¿¾¼ IN sO¸E way aND wHEN cLINIcIaNs EVaLUaTED aND DIscUssED ¿¾¼ bUT DID NOT assIsT IN aNy way. FOR Exa¸pLE, ¸E¸bERs Of ONE fa¸ILy wENT TO THE pHysIcIaN’s OfficE THE Day aſtER THEIR ¸OTHER’s DEaTH: “WE TOOk sO¸E LIVINg flOwERs aND a caRD aND a swEaTER . . . [¸y ¸OTHER] sENT HI¸ HER faVORITE swEaTER; IT was a ¸EN’s swEaTER aNyway. SO wE saw HI¸, aND THaT was OUR cLOsURE wITH HI¸.” ºN aNOTHER Exa¸pLE, ONE paTIENT’s pHysIcIaN was sy¸paTHETIc TO HER sITUaTION, saID sHE wOULD HELp as ¸UcH as sHE cOULD wITH ¸axI¸IzINg cO¸fORT, bUT aLsO saID THaT sHE cOULD NOT pROVIDE a pREscRIpTION fOR ¿¾¼ fOR LEgaL REasONs. °E fa¸ILy ObTaINED a pREscRIpTION ELsEwHERE, aND ¸aDE pLaNs fOR ¿¾¼, aLL THE wHILE ¸aINTaININg cLOsE cONTacT wITH THE pHysIcIaN. °E fa¸ILy caLLED THIs pHysIcIaN THE Day aſtER THE paTIENT DIED Of ¿¾¼, IN paRT TO REassURE THE pHysIcIaN THaT sHE HaD DONE a gOOD jOb. “[WE] TOLD HER IT wENT wELL aND THaT sHE HaDN’T faILED. SHE HaD cRIED. º ¸EaN sHE waNTED TO TOTaLLy HELp Us aND jUsT fELT HER HaNDs wERE TIED.” °Us, THE THERapEUTIc aspEcT Of a cLINIcIaN-paTIENT RELaTIONsHIp DOEs NOT REsT ON a cLINIcIaN’s wILLINgNEss TO pROVIDE a LETHaL pREscRIpTION. ±NE casE ILLUsTRaTEs THE I¸pORTaNcE Of cLINIcIaN sELf-awaRENEss Of E¸OTIONaL NEEDs aND VULNERabILITIEs IN ¸aINTaININg a THERapEUTIc RELaTIONsHIp. As THE fa¸ILy ¸E¸bER pUT IT, THEIR pHysIcIaN “LackED bOUNDaRIEs.” °Is pHysIcIaN HaD aN INTENsE RELaTIONsHIp wITH THE paTIENT THaT INcLUDED DaILy TELEpHONE caLLs aND HO¸E VIsITs, aND ON THE NIgHT THE paTIENT aTTE¸pTED ¿¾¼, THE pHysIcIaN I¸pLE¸ENTED a backUp pLaN aſtER ORaL ¸EDIcaTIONs faILED. AſtER THE paTIENT’s DEaTH, THE fa¸ILy ¸E¸bER REpORTED THaT “[THE pHysIcIaN] wOULD gO OVER TO THE HOspITaL TO sEE a paTIENT, aND sHE’D caLL ¸E aT 10 O’cLOck ¿.m. aND say sHE waNTED TO cO¸E OVER [TO OUR HOUsE] aND sIT IN THE ROO¸ wHERE HE DIED aND ‘HaNg OUT.’ AND º’D say NO, aND sHE’D cO¸E OVER aNyway.” AſtER a cOUpLE Of THEsE INcIDENTs, THE fa¸ILy ¸E¸bER wROTE THE pHysIcIaN REqUEsTINg THaT THEy HaVE NO fURTHER cONTacT bEcaUsE HE fELT bURDENED by THEsE REqUEsTs. ³EgaRDLEss Of THEIR OwN bELIEfs abOUT ¿¾¼, cLINIcIaNs caN ¸aINTaIN THERapEUTIc RELaTIONsHIps wITH THEIR paTIENTs wHEN OpEN cO¸¸UNIcaTION, ExpERTIsE, aND appROpRIaTE bOUNDaRIEs aRE pREsENT.
ediciuS detsissA-naicisyhP
aND º REspEcT HI¸ as a DOcTOR.
Comment 292 °Is REpORT DEscRIbEs cLINIcIaN-paTIENT INTERacTIONs fRO¸ a UNIqUE sET Of DaTa . l a te kcaB . L y n o h t n A
INVOLVINg 35 paTIENTs (aND THEIR fa¸ILy ¸E¸bERs) wHO sERIOUsLy pURsUED ¿¾¼. °E qUaLITaTIVE ¸ETHODOLOgy wE UsED pROVIDEs aN IN-DEpTH, bEHIND- THE-scENEs LOOk fRO¸ THE paTIENT aND fa¸ILy pERspEcTIVE ON HOw cLINIcIaNs DEaLT wITH REqUEsTs fOR ¿¾¼. FRO¸ ¸ORE THaN 3,600 pagEs Of TRaNscRIbED INTERVIEws, wE IDENTIfiED THREE THE¸Es DEscRIbINg qUaLITIEs Of cLINIcIaN- paTIENT INTERacTIONs THaT paTIENTs aND fa¸ILy ¸E¸bERs VaLUED HIgHLy. °EsE THE¸Es RaIsE I¸pORTaNT cONsIDERaTIONs fOR pHysIcIaNs aND OTHER cLINIcIaNs abOUT THE skILLs, aTTITUDEs, aND kNOwLEDgE NEEDED TO HaNDLE REqUEsTs fOR ¿¾¼. °E cONTROVERsy OVER THE ¸ORaLITy Of ¿¾¼, INcLUDINg sURVEys Of THE gENERaL pUbLIc,ÄÄ ExTENsIVE ¸EDIa cOVERagE Of Jack KEVORkIaN, ÄÆ THE 1997 ·.S. SUpRE¸E COURT DEcIsION, ÃÆ,ÄÎ aND ¸EDIcaL jOURNaLs, Ð,ÄÏ Has cREaTED a cONTExT fOR DIscUssINg ¿¾¼ THaT HIgHLIgHTs pOTENTIaL cONflIcT bETwEEN paTIENTs aND cLINIcIaNs. ¶IscUssIONs abOUT DEaTH aND DyINg—EVEN wITHOUT ¿¾¼—ENgENDER INTENsE E¸OTIONs IN paTIENTs, fa¸ILy ¸E¸bERs, aND cLINIcIaNs. ÄÐ,ÄÑ ºT cO¸Es as NO sURpRIsE THaT ¸aNy cLINIcIaNs wOULD RaTHER aVOID THE TOpIc aLTOgETHER. ±UR fiNDINg THaT cLINIcIaNs HaD VaRyINg DEgREEs Of OpENNEss TO DIscUssION abOUT ¿¾¼ (THE¸E 1), aND bROaDER DIscUssIONs Of DyINg as wELL, LEaDs Us TO wONDER wHETHER pUbLIsHED sURVEys Of pHysIcIaNs acTUaLLy UNDEREsTI¸aTE THE DEgREE TO wHIcH paTIENTs wIsH TO TaLk abOUT ¿¾¼. WHEN pHysIcIaNs say THaT THEIR paTIENTs NEVER ask abOUT ¿¾¼, IT ¸ay bE bEcaUsE THEy bLOck THE DIscUssION. MagUIRE ÄÒ Has DEscRIbED HOw cLINIcIaNs bLOck aND aVOID THE cONcERNs THaT paTIENTs wITH caNcER HaVE abOUT DyINg. ±UR DaTa sUggEsT THaT ¿¾¼ Is aNOTHER paTIENT cONcERN THaT Is fREqUENTLy bLOckED. °E ¸EDIcaL LITERaTURE ON REspONDINg TO ¿¾¼ REqUEsTs ackNOwLEDgEs THaT THEsE DIscUssIONs caN bE UNcO¸fORTabLE aND awkwaRD, cHaRacTERIsTIcs THaT caN bE baRRIERs fOR pHysIcIaNs. BUT wHaT Has NOT bEEN DEscRIbED IN THE LITERaTURE Is THE way THaT paTIENTs IN OUR sTUDy UsED DIscUssIONs abOUT ¿¾¼ as a sTaRTINg pOINT fOR DIscUssIONs abOUT DyINg THaT RaNgED faR bEyOND ¿¾¼. ºN a ¸EDIcaL cULTURE THaT VIEws DEaTH as a faILURE, DyINg paTIENTs ¸ay fEEL as If THEy HaVE faILED.Ä× PHysIcIaN-assIsTED sUIcIDE pROVIDEs a DIffERENT kIND Of END-Of-LIfE sTORy fOR paTIENTs, ONE THaT E¸pHasIzEs INDIVIDUaL VaLUEs aND pERsONaL cHOIcE, ÆØ aND DaTa fRO¸ paTIENTs IN ±REgON UNDERscORE THE I¸pORTaNcE Of aUTONO¸y fOR paTIENTs wHO cHOOsE ¿¾¼.à ±UR DaTa INDIcaTE THaT ¿¾¼
caN sERVE as THE ENTRy pOINT fOR DIscUssIONs THaT gO bEyOND THE RIgHT TO DIE TO ExpLORE cONcERNs abOUT DyINg. ³EcOgNIzINg THIs caN ENabLE cLINIcIaNs TO
293
INg ¿¾¼?” IT ¸IgHT bE UsEfUL TO ask, “ÁOw DO yOU waNT yOUR DEaTH TO gO?” OR, “ÁOw DO yOU waNT IT TO LOOk?” A Lack Of OpENNEss TO DIscUssINg ¿¾¼ ¸ay REsULT IN a “DON’T ask, DON’T TELL” pOLIcy fOR bOTH paTIENT aND cLINIcIaN. CLINIcIaN OpENNEss ¸ay bE cRUcIaL fOR paTIENTs TO fEEL cO¸fORTabLE IN ExTENDINg a ¿¾¼ DIscUssION bEyOND TEcHNIcaL ¸EDIcaL IssUEs, sUcH as a LETHaL pREscRIpTION, aND TOwaRD DIfficULT TOpIcs sUcH as DyINg aND sUffERINg, wHIcH caN cONsTITUTE aN UNackNOwLEDgED “ELEpHaNT IN THE ROO¸.”ÆÃ,ÆÄ °E Lack Of cO¸¸UNIcaTION THaT wE ObsERVED abOUT ¿¾¼ sUggEsTs THaT a kIND Of cOLLUsION ¸ay OccUR THaT ENabLEs bOTH paTIENT aND cLINIcIaN TO aVOID DIfficULT sUbjEcTs, as Has bEEN DEscRIbED IN OTHER sITUaTIONs. ÄÒ,ÆÆ COLLUsION ¸ay aLLOw a cLINIcIaN TO aVOID a ¿¾¼ DIscUssION THaT Is awkwaRD aND DIfficULT, bUT aT THE cOsT Of ¸IssINg aN OppORTUNITy TO REassURE paTIENTs THaT THEIR cONcERNs wILL bE aDDREssED aND THaT THEy wILL NOT bE abaNDONED. ÆÎ,ÆÏ ±UR DaTa sUggEsT THaT THE pREsENcE Of cOLLUsION ¸ay bE a ¸aRkER fOR INaDEqUaTE cLINIcIaN cO¸¸UNIcaTION skILLs OR cLINIcIaN DIscO¸fORT wITH DyINg, aND ¸ay LEaD TO THE pROVIsION Of a LETHaL pREscRIpTION fOR ¿¾¼ wITHOUT paTIENT EVaLUaTION. PaTIENTs aND fa¸ILy ¸E¸bERs aLsO VaLUED ExpERTIsE IN DEaLINg wITH THE DyINg pROcEss (THE¸E 2). °E spEcIfic aspEcTs Of ExpERTIsE THaT OUR sUbjEcTs ¸ENTIONED INcLUDED cO¸¸UNIcaTION skILLs, sETTINg REasONabLE ExpEcTaTIONs, INDIVIDUaLIzINg paIN cONTROL, aND kNOwLEDgE abOUT THE LETHaL pOTENTIaL Of cO¸¸ONLy UsED ¸EDIcaTIONs. °E cO¸bINaTION Of cOgNITIVE aND affEcTIVE skILLs ENcO¸passED IN THEsE ObsERVaTIONs REsONaTEs wITH OTHER wORk DEscRIbINg cURRIcULaR NEEDs fOR cLINIcIaNs IN END-Of-LIfE caRE.ÆÐ ±UR wORk aLsO UNDERscOREs THE NEED fOR cLINIcIaNs TO HaVE bOTH spEcIfic cONTENT kNOwLEDgE IN DIscUssINg aND ¸aNagINg DyINg aND paTIENT-cENTERED cO¸¸UNIcaTIONs skILLs IN ORDER TO REspOND TO REqUEsTs fOR ¿¾¼.ÆÑ,ÆÒ °E cO¸bINaTION Of OpENNEss TO DIscUssIONs abOUT ¿¾¼ aND ExpERTIsE IN DEaLINg wITH THE DyINg pROcEss aRE wHaT ¸akE a cONTINUED cLINIcIaN-paTIENT RELaTIONsHIp pOssIbLE wHEN a paTIENT pURsUEs a HasTENED DEaTH. ±UR DaTa sUggEsT THaT EVEN fOR THIs HIgHLy sELEcTED gROUp, a THERapEUTIc cLINIcIaN-paTIENT RELaTIONsHIp ¸ay bE as OR ¸ORE I¸pORTaNT TO paTIENTs aND fa¸ILy ¸E¸bERs INTEREsTED IN ¿¾¼ THaN a LETHaL pREscRIpTION. WHEN THE paTIENTs IN THIs sTUDy appROacHED THEIR cLINIcIaNs abOUT ¿¾¼, THEy wERE UsUaLLy LOOkINg fOR ¸ORE THaN jUsT a pREscRIpTION. °Ey wERE LOOkINg fOR sO¸EONE wITH wHO¸ THEy
ediciuS detsissA-naicisyhP
pRObE bEyOND THE IssUE Of ¿¾¼. ºN aDDITION TO askINg, “WHy aRE yOU cONsIDER-
cOULD bUILD a THERapEUTIc aLLIaNcE—a pERsON wHO cOULD acT as a sOUNDINg
294
bOaRD OR gUIDE THE¸ THROUgH THE DyINg pROcEss. ALTHOUgH sO¸E ExIsTINg gUIDELINEs fOR REspONDINg TO ¿¾¼ REqUEsTs aDDREss THE REqUEsT as a sINgLE
. l a te kcaB . L y n o h t n A
EVENT, OUR DaTa E¸pHasIzE THE I¸pORTaNcE Of THE pROcEss Of REspONDINg TO a REqUEsT OVER TI¸E IN THE cONTExT Of a cLINIcIaN-paTIENT RELaTIONsHIp. PaTIENTs aND fa¸ILy ¸E¸bERs wERE ¸INDfUL Of THE I¸pORTaNcE Of bOUNDaRIEs IN THERapEUTIc RELaTIONsHIps. ±UR DaTa sHOw HOw UNDERINVOLVE¸ENT OR OVERINVOLVE¸ENT by a cLINIcIaN caN bE pRObLE¸aTIc IN DEaLINg wITH paTIENTs REqUEsTINg ¿¾¼. °EsE bEHaVIORs ¸ay REflEcT THE cLINIcIaN’s pERsONaL E¸OTIONs. BLOck aND BILLINgs× aND MILEsÆ× HaVE OUTLINED, basED ON cLINIcaL ExpERIENcE aND a caREfUL REaDINg Of psycHOLOgIcaL aND psycHIaTRIc LITERaTURE, HOw THE pERsONaL E¸OTIONs Of cLINIcIaNs ¸IgHT INflUENcE THEIR bEHaVIOR IN DEaLINg wITH a paTIENT cONsIDERINg ¿¾¼. FOR cLINIcIaNs, THEsE IssUEs Of pERsONaL E¸OTION, wHIcH ¸ay INcLUDE sELf-awaRENEss, bOUNDaRIEs, TRaNsfERENcE, OR cOUNTERTRaNsfERENcE, REqUIRE aTTENTION bEcaUsE THEy caN facILITaTE OR cO¸pLIcaTE THE cLINIcaL RELaTIONsHIp.ÎØ–ÎÄ ±UR fiNDINgs REINfORcE OTHER wORk sTREssINg THE I¸pORTaNcE fOR cLINIcIaNs TO ¸ONITOR THEIR OwN fEELINgs aND TO EsTabLIsH bOUNDaRIEs IN THEIR RELaTIONsHIps wITH paTIENTs. WHILE THE sTRENgTHs Of THIs sTUDy aRE IN ITs DETaILED, “THIck” DEscRIpTION Of a s¸aLL gROUp Of paTIENTs aND fa¸ILy ¸E¸bERs, IT aLsO Has cORREspONDINg LI¸ITaTIONs. °E sTUDy paRTIcIpaNTs wERE a sELf-sELEcTED sa¸pLE Of paTIENTs aND THEIR fa¸ILy ¸E¸bERs wHO wERE HIgHLy ¸OTIVaTED TO pURsUE ¿¾¼, INTEREsTED IN TELLINg THEIR sTORIEs, aND pHysIcaLLy abLE TO sEaRcH fOR aND fiND pEOpLE wILLINg TO HELp facILITaTE ¿¾¼. µEaRLy aLL OUR paRTIcIpaNTs ObTaINED accEss TO LETHaL pREscRIpTIONs DEspITE THE ILLEgaLITy. °EsE paRTIcIpaNTs ¸ay NOT bE DIREcTLy cO¸paRabLE TO THOsE Of OTHER ¿¾¼ sTUDIEs IN wHIcH THE paTIENTs wERE ENROLLED fRO¸ INpaTIENT paLLIaTIVE caRE UNITs ÎÆ OR HaD a UNIfOR¸ ¸EDIcaL DIagNOsIs.ÎÎ,ÎÏ ºN aDDITION, OUR paRTIcIpaNTs NOT ONLy ExHIbITED a DEsIRE fOR ¿¾¼, as Has bEEN sTUDIED IN OTHER OUTpaTIENTs,ÎÐ bUT aLsO acTIVELy ¸aDE pLaNs aND TRIED TO I¸pLE¸ENT THE¸ IN ORDER TO HaVE a HasTENED DEaTH. ANOTHER sTUDy LI¸ITaTION Is THaT wE wERE NOT abLE TO INTERVIEw THE cLINIcIaNs INVOLVED wITH OUR sTUDy paRTIcIpaNTs. ºT Is pOssIbLE THaT paTIENTs aND fa¸ILIEs THE¸sELVEs cONTRIbUTED TO THE cO¸¸UNIcaTION IssUEs DEscRIbED HERE. FOR Exa¸pLE, paTIENTs wHO wERE sEcRETIVE abOUT THEIR INTENTION TO pURsUE ¿¾¼ ¸ay NOT HaVE aLERTED THEIR cLINIcIaN TO THEIR NEED TO ExpLORE a DEsIRE fOR ¿¾¼, OR THEy ¸ay HaVE cOLLUDED wITH THEIR cLINIcIaN TO aVOID DIscUssINg ¿¾¼.ÆÆ
fOR ´±SpONdINg TO A ³ATI±NT ´±qU±STINg ³HYSIcIAN-ºSSIST±d ³´bµ¶ 3ÂUId±lIN±S ¿UIcId± (Pas) ¿Ugg±ST±d bY »H±S± ¸ATA
295
Ä. Ask abOUT wHaT kIND Of DEaTH THE paTIENT wOULD LIkE TO HaVE.
Æ. AſtER UNDERsTaNDINg paTIENT wIsHEs aND ExpEcTaTIONs, OffER TO DIscUss HOw DyINg cOULD bE ¸aNagED. Î. CHEck paTIENT pERcEpTION by askINg, “WHaT aRE yOU TakINg away fRO¸ OUR TaLk TODay?” Ï. ³E¸E¸bER THaT THE pROcEss Of bUILDINg a THERapEUTIc RELaTIONsHIp Is ¸ORE I¸pORTaNT THaN pROVIDINg a LETHaL pREscRIpTION. Ð. MONITOR yOURsELf fOR UNDERINVOLVE¸ENT OR OVERINVOLVE¸ENT IN THE cLINIcIaN-paTIENT RELaTIONsHIp.
FINaLLy, THE THE¸Es wE REpORT aRE basED ON paTIENT aND fa¸ILy ¸E¸bER REpORTs Of THEIR pERcEpTIONs Of cO¸¸UNIcaTION RaTHER THaN ON TRaNscRIpTs OR VIDEOTapEs Of acTUaL cONVERsaTIONs. ÁOwEVER, paTIENT aND fa¸ILy pERcEpTIONs aRE ExTRE¸ELy I¸pORTaNT, aND THE THREE THE¸Es THaT wE DEscRIbE aRTIcULaTE paTIENT aND fa¸ILy ¸E¸bER cONcERNs THaT wERE pREsENT IN THE ¸ajORITy Of INTERVIEws wE cONDUcTED. BasED ON THIs sTUDy, wE sUggEsT a sET Of gUIDELINEs THaT cLINIcIaNs ¸IgHT UsE wHEN REspONDINg TO paTIENT REqUEsTs fOR ¿¾¼ (¹abLE 3). °EsE gUIDELINEs ¸ay aLsO bE UsEfUL fOR EDUcaTORs wHO aRE TEacHINg cO¸¸UNIcaTION skILLs THaT aRE RELEVaNT TO END-Of-LIfE caRE.
Conclusions ³EspONDINg TO a paTIENT REqUEsT fOR ¿¾¼ Is aN I¸pORTaNT aND cO¸pLEx cLINIcaL skILL. °EsE cLINIcaL DIscUssIONs OccUR a¸ID pROfOUND ¸ORaL cONTROVERsy, THE E¸OTIONs ENgENDERED by DEaTH aND DyINg, aND THE TEcHNIcaL cO¸pLExITIEs Of cONTE¸pORaRy ¸EDIcaL caRE. ±UR paTIENT aND fa¸ILy accOUNTs REVEaL ¸aNy ¸IssED OppORTUNITIEs fOR cLINIcIaNs TO ENgagE IN THERapEUTIc RELaTIONsHIps INVOLVINg DIscUssIONs abOUT ¿¾¼, DyINg, aND END-Of-LIfE caRE. CLINIcIaNs REspONDINg TO paTIENTs REqUEsTINg ¿¾¼ NEED cO¸¸UNIcaTION skILLs THaT wILL ENabLE THE¸ TO DIscUss ¿¾¼ aND DyINg OpENLy, aN abILITy TO TaLk
ediciuS detsissA-naicisyhP
Ã. ADDREss THE ¿¾¼ REqUEsT ExpLIcITLy aND OpENLy.
abOUT DyINg IN a paTIENT-cENTERED way, aND paLLIaTIVE caRE ExpERTIsE. °Ey
296
aLsO NEED ExpERTIsE IN sETTINg REasONabLE ExpEcTaTIONs, INDIVIDUaLIzINg paIN cONTROL, aND pROVIDINg accURaTE INfOR¸aTION abOUT THE LETHaL pOTENTIaL Of
. l a te kcaB . L y n o h t n A
¸EDIcaTIONs.
aPPenDiX: Parti¾iPants anD methoDs ³ARTIcIpANT ´±cRUITM±NT ANd ²NfORM±d CONS±NT WE askED INTER¸EDIaTE sOURcEs sUcH as paTIENT aDVOcacy ORgaNIzaTIONs THaT cOUNsEL pERsONs INTEREsTED IN ¿¾¼, HOspIcEs, aND gRIEf cOUNsELORs TO INTRODUcE OUR sTUDy TO pOTENTIaL paRTIcIpaNTs. ±UR INTER¸EDIaTE sOURcEs gaVE DETaILED wRITTEN INfOR¸aTION sTaTE¸ENTs DEscRIbINg THE sTUDy TO pROspEcTIVE paTIENTs wITH LIfE-THREaTENINg ILLNEssEs (aND THEIR fa¸ILy ¸E¸bERs) wHO ExpREssED a sERIOUs INTEREsT IN ¿¾¼ aND wERE aTTE¸pTINg TO ObTaIN ¸EDIcaTIONs fOR ¿¾¼. ±UR DEfiNITION Of family member INcLUDED UN¸aRRIED paRTNERs aND cLOsE fRIENDs. WE aLsO askED OUR sOURcEs TO ¸aIL INfOR¸aTION sTaTE¸ENTs TO fa¸ILy ¸E¸bERs wHO HaD bEEN INVOLVED IN ¿¾¼. °EsE INfOR¸aTION sTaTE¸ENTs askED pOTENTIaL paRTIcIpaNTs TO caLL OUR OfficE If THEy wIsHED TO paRTIcIpaTE OR ask qUEsTIONs abOUT THE sTUDy. ±NE INVEsTIgaTOR (Á.S.) spOkE wITH EacH pOTENTIaL paRTIcIpaNT TO ExpLaIN sTUDy pROcEDUREs, aNswER qUEsTIONs, ObTaIN VERbaL INfOR¸ED cONsENT, ENROLL paRTIcIpaNTs, aND cOLLEcT DE¸OgRapHIc DaTa. ¹O pROTEcT THE cONfiDENTIaLITy Of OUR paRTIcIpaNTs, NO wRITTEN cONsENT fOR¸s OR aNy OTHER fOR¸s wITH IDENTIfyINg DaTa wERE ¸aINTaINED by THE INVEsTIgaTORs. °E DETaILED INfOR¸aTION sTaTE¸ENTs DEscRIbED THE pURpOsE Of THE sTUDy, INTERVIEw pROcEDUREs, aND paRTIcIpaNTs’ RIgHT TO REfUsE TO aNswER qUEsTIONs OR TO wITHDRaw fRO¸ THE sTUDy aT aNy TI¸E. PROspEcTIVE paTIENTs HaD TO HaVE aN ONgOINg RELaTIONsHIp wITH a casE ¸aNagER aND ¸EDIcaL caRE pROVIDERs TO bE ELIgIbLE fOR THE sTUDy. SUbjEcTs IN THE pROspEcTIVE cOHORT wERE INfOR¸ED VERbaLLy aND IN THE wRITTEN INfOR¸aTION sTaTE¸ENT THaT If INTERVIEwERs IDENTIfiED a sERIOUs ¸EDIcaL OR psycHIaTRIc IssUE THaT was NOT bEINg aDDREssED, OR If a psycHIaTRIc IssUE was caUsINg DEcIsIONaL INcapacITy, INVEsTIgaTORs wOULD INfOR¸ THE paTIENT’s casE ¸aNagER aND wE wOULD DIscONTINUE INTERVIEws wITH THE paTIENT aND HIs OR HER fa¸ILy. °EsE IssUEs wERE DIscUssED wITH paRTIcIpaNTs IN DETaIL, aND INfOR¸ED cONsENT was ObTaINED VERbaLLy bEfORE EacH INTERVIEw. ALsO, THE INTERVIEw gUIDE fOR pROspEcTIVE paTIENTs cONTaINED a sTaTE¸ENT assURINg paTIENTs THaT wE wERE INTEREsTED IN THEIR cONcERNs aND DEcIsION-¸akINg pROcEssEs aND wOULD cONTINUE TO fOLLOw THE¸ REgaRDLEss Of wHETHER OR NOT THEy ULTI¸aTELy DEcIDED TO pURsUE ¿¾¼. STUDy pROcEDUREs wERE REVIEwED aND appROVED by THE ºNsTITUTIONaL ³EVIEw BOaRD Of THE ·NIVERsITy Of WasHINgTON, SEaTTLE.
¸ATA COll±cTION WE cONDUcTED ¸ULTIpLE qUaLITaTIVE, sE¸IsTRUcTURED INTERVIEws wITH paTIENTs aND fa¸ILy ¸E¸bERs. FIVE INVEsTIgaTORs cONDUcTED INTERVIEws, aND THE sa¸E INVEsTIgaTOR INTERVIEwED aLL paRTIcIpaTINg ¸E¸bERs Of a fa¸ILy. °E pROspEcTIVE casEs INcLUDED INTERVIEws wITH 12 paTIENTs aND 20 fa¸ILy ¸E¸bERs. °E RETROspEcTIVE casEs INcLUDED INTERVIEws wITH 28 fa¸ILy ¸E¸bERs cONcERNINg 23 paTIENTs. ºN TOTaL, wE cONDUcTED 159 INTERVIEws wITH 60
paRTIcIpaNTs fRO¸ abOUT 35 fa¸ILIEs (12 pROspEcTIVE aND 23 RETROspEcTIVE), REsULTINg IN 3,613 pagEs Of TRaNscRIpTs. °E INTERVIEw gUIDE INcLUDED qUEsTIONs abOUT (1) paTIENT aND fa¸ILy
297
INTERacTIONs wITH HEaLTH caRE pROVIDERs REgaRDINg ¿¾¼ REqUEsTs, (2) HOw THEsE REqUEsTs
paRTIcIpaNTs TO pROVIDE DETaILs abOUT THE ¸aNNER Of DEaTH aND aNy cO¸pLIcaTIONs Of a ¿¾¼ aTTE¸pT. WE aLsO askED fa¸ILy ¸E¸bERs TO DEscRIbE THEIR pERsONaL REacTIONs TO THE ¿¾¼ REqUEsT aND sUbsEqUENT EVENTs. ±THER TOpIcs wERE cOVERED bUT aRE NOT INcLUDED IN THIs aNaLysIs.
COdINg ANd ºNAlYTIc µ±THOdS ALL INTERVIEws wERE aUDIOTapED aND TRaNscRIbED, wITH IDENTIfyINg DaTa DELETED. ´acH casE was DIscUssED aT wEEkLy ¸EETINgs by THE ¸ULTIDIscIpLINaRy REsEaRcH TEa¸ REpREsENTINg ¸EDIcaL ONcOLOgy, paLLIaTIVE caRE, HEaLTH sERVIcEs, psycHOLOgy, aNTHROpOLOgy, psycHIaTRy, gERIaTRIcs, aND bIOETHIcs. °E aNaLyTIc appROacH was basED ON gROUNDED THEORy, wHIcH INVOLVEs OpEN cODINg (a pROcEss Of Exa¸ININg, cO¸paRINg, cONcEpTUaLIzINg, aND caTEgORIzINg DaTa), fOLLOwED by axIaL cODINg (a pROcEss Of REassE¸bLINg DaTa INTO gROUpINgs basED ON RELaTIONsHIps DIscOVERED IN THE DaTa) aND, fiNaLLy, sELEcTIVE cODINg (a pROcEss Of IDENTIfyINg aND DEscRIbINg cENTRaL pHENO¸ENa IN THE DaTa). WE cODED paTIENTs’ aND fa¸ILy ¸E¸bERs’ fiRsTHaND accOUNTs Of INTERacTIONs wITH cLINIcIaNs, aND DID NOT cODE HEaRsay accOUNTs. ´xa¸pLEs Of pRI¸aRy cODEs INcLUDE “REasONs fOR pURsUINg ¿¾¼,” “INTERacTIONs wITH HEaLTH caRE pROVIDERs,” aND “pLaNNINg fOR DEaTH.” °E INTERVIEwER aND aNOTHER INVEsTIgaTOR INDEpENDENTLy cODED aLL TRaNscRIpTs, cO¸paRED cODINg, aND REsOLVED DIsagREE¸ENTs IN cODINg. SIgNIficaNT cODINg DIscREpaNcIEs wERE DIscUssED aT THE wEEkLy TEa¸ ¸EETINg. AxIaL cODINg INVOLVED aLL sEcTIONs Of TRaNscRIpTs assIgNED THE pRI¸aRy cODE “INTERacTIONs wITH HEaLTH caRE pROVIDERs” fOR THE aNaLysIs pREsENTED HERE. ¹wO INVEsTIgaTORs (A.².B. aND Á.S.) DEVELOpED sEcONDaRy cODEs THaT cLassIfiED cLINIcIaN-paTIENT INTERacTIONs. °E INTENT Of THE sEcONDaRy cODINg was TO cHaRacTERIzE cLINIcIaN-paTIENT cO¸¸UNIcaTION abOUT ¿¾¼, NON-¿¾¼ END-Of-LIfE IssUEs, aND paLLIaTIVE caRE. SEcONDaRy cODEs wERE UsED TO cLassIfy sUbjEcT pERcEpTIONs Of ¿¾¼ cONVERsaTIONs; cLINIcIaN kNOwLEDgE, aTTITUDEs, aND skILLs; aND cLINIcIaN-paTIENT RELaTIONsHIp IssUEs. ´xa¸pLEs Of sEcONDaRy cODEs INcLUDE “ExpLIcIT ¿¾¼ DIscUssION,” “cLINIcIaN wILLINgNEss TO DIscUss DyINg,” aND “cLINIcIaN E¸paTHy.” °E sEcONDaRy cODEs wERE REfiNED THROUgH REVIEw wITH THE ¸ULTIDIscIpLINaRy REsEaRcH TEa¸. AT THIs sTagE, paRTIcIpaNTs’ sTaTE¸ENTs abOUT wHaT THEy VaLUED IN THEIR cLINIcIaN’s REspONsE TO a ¿¾¼ REqUEsT, OR wHaT THEy waNTED bUT DID NOT gET IN THEIR cLINIcIaN’s REspONsE TO a ¿¾¼ REqUEsT, E¸ERgED as cENTRaL IssUEs. FINaLLy, IN sELEcTIVE cODINg, THE kEy pHENO¸ENa THaT RELaTED TO THE IssUE Of HOw paTIENTs aND fa¸ILy ¸E¸bERs waNTED cLINIcIaNs TO REspOND TO ¿¾¼ REqUEsTs wERE IDENTIfiED. ±UR aNaLysIs aT THIs sTEp DIffERs fRO¸ sO¸E OTHER gROUNDED-THEORy sTUDIEs IN THaT wE DID NOT aTTE¸pT TO bUILD a cO¸pLETELy NEw THEORy Of cLINIcIaN-paTIENT cO¸¸UNIcaTION. ³aTHER, wE fOcUsED ON paTIENT aND fa¸ILy pERcEpTIONs Of cLINIcIaN-paTIENT cO¸¸UNIcaTION IN ORDER TO DEscRIbE kEy aTTRIbUTEs Of cO¸¸UNIcaTION abOUT ¿¾¼. °E THREE ¸ajOR THE¸Es wE REpORT aRE THE pRODUcTs Of THIs aNaLysIs. °EsE THE¸Es wERE sHaRED a¸ONg paTIENTs aND fa¸ILy ¸E¸bERs aND DID NOT DIffER bETwEEN pROspEcTIVE aND RETROspEcTIVE sUbjEcTs.
ediciuS detsissA-naicisyhP
wERE EVaLUaTED, aND (3) THE pROVIDER’s INVOLVE¸ENT wITH ¿¾¼ I¸pLE¸ENTaTION. WE askED
¹O ENHaNcE TRUsTwORTHINEss, EacH sTEp Of THE aNaLysIs was REVIEwED IN wEEkLy INVEsTI-
298
gaTOR ¸EETINgs TO ENsURE THaT THE aNaLysIs was aNcHORED TO spEcIfic IDENTIfiabLE DaTa fRO¸ TRaNscRIpTs. ¾tl¾¼.TI sOſtwaRE was UsED TO facILITaTE DaTa ¸aNagE¸ENT aND aNaLysIs. ÄÃ °E THE¸Es fRO¸ THIs aNaLysIs wERE pREsENTED aT a ¸EETINg Of OUR paTIENT aDVOcacy INTER¸E-
. l a te kcaB . L y n o h t n A
DIaTE sOURcEs (a gROUp THaT INcLUDEs cLINIcIaNs, aDVOcaTEs, aND fa¸ILy ¸E¸bERs), aND wE REcEIVED VERbaL aND wRITTEN fEEDback cONfiR¸INg THE VaLIDITy Of OUR aNaLysIs. µO ¸ajOR cHaNgEs wERE ¸aDE as a REsULT Of THIs pREsENTaTION.
notes 1 CHIN A´, ÁEDbERg K, ÁIggINsON GK, FLE¸INg ¶W. ²EgaLIzED pHysIcIaN-assIsTED sUIcIDE IN ±REgON—THE fiRsT yEaR’s ExpERIENcE. N Engl J Med. 1999;340:577–583. 2 ´¸aNUEL ´J, FaIRcLOUgH ¶², ´¸aNUEL ²². ATTITUDEs aND DEsIREs RELaTED TO EUTHaNasIa aND pHysIcIaN-assIsTED sUIcIDE a¸ONg TER¸INaLLy ILL paTIENTs aND THEIR caREgIVERs.
¼½¾½. 2000;284:2460–2468. 3 Back A², WaLLacE Jº, STaRks Á´, PEaRL¸aN ³A. PHysIcIaN-assIsTED sUIcIDE aND EUTHaNasIa IN WasHINgTON STaTE: paTIENT REqUEsTs aND pHysIcIaN REspONsEs. ¼½¾½ . 1996;275:919–925. 4 MEIER ¶´, ´¸¸ONs CA, WaLLENsTEIN S, QUILL ¹, MORRIsON ³S, CassEL CK. A NaTIONaL sURVEy Of pHysIcIaN-assIsTED sUIcIDE aND EUTHaNasIa IN THE ·NITED STaTEs. N Engl J Med . 1998;338:1193–1201. 5 ´¸aNUEL ´J, FaIRcLOUgH ¶², ¶aNIELs ´³, CLaRRIDgE B³. ´UTHaNasIa aND pHysIcIaN- assIsTED sUIcIDE: aTTITUDEs aND ExpERIENcEs Of ONcOLOgy paTIENTs, ONcOLOgIsTs, aND THE pUbLIc. Lancet. 1996;347:1805–1810. 6 FOLEy KM. CO¸pETENT caRE fOR THE DyINg INsTEaD Of pHysIcIaN-assIsTED sUIcIDE. N Engl
J Med. 1997;336:54–58. 7 ´¸aNUEL ²². FacINg REqUEsTs fOR pHysIcIaN-assIsTED sUIcIDE: TOwaRD a pRacTIcaL aND pRINcIpLED cLINIcaL skILL sET. ¼½¾½. 1998;280:643–647. 8 QUILL ¹´, CassEL CK, MEIER ¶´. CaRE Of THE HOpELEssLy ILL: pROpOsED cLINIcaL cRITERIa fOR pHysIcIaN-assIsTED sUIcIDE. N Engl J Med. 1992;327:1380–1384. 9 BLOck S¶, BILLINgs JA. PaTIENT REqUEsTs TO HasTEN DEaTH: EVaLUaTION aND ¸aNagE¸ENT IN TER¸INaL caRE. Arch Intern Med. 1994;154:2039–2047. 10 BLOck S¶, BILLINgs JA. PaTIENT REqUEsTs fOR EUTHaNasIa aND assIsTED sUIcIDE IN TER¸INaL ILLNEss: THE ROLE Of THE psycHIaTRIsT. Psychosomatics . 1995;36:445–457. 11 ´¸aNUEL ²², VON GUNTEN CF, FERRIs F¶, PORTENOy ³K. Education for Physicians in End-
of-Life Care (¸º¸´) Trainer’s Guide . CHIcagO, º²: A¸ERIcaN MEDIcaL AssOcIaTION; 1999. 12 QUILL ¹´, ByOck º³. ³EspONDINg TO INTRacTabLE TER¸INaL sUffERINg: THE ROLE Of TER¸INaL sEDaTION aND VOLUNTaRy REfUsaL Of fOOD aND flUIDs: ¾»¿-¾¼im ´ND-Of-²IfE CaRE CONsENsUs PaNEL: A¸ERIcaN COLLEgE Of PHysIcIaNs–A¸ERIcaN SOcIETy Of ºNTERNaL MEDIcINE. Ann Intern Med. 2000;132:408–414. 13 ±RENTLIcHER ¶. °E SUpRE¸E COURT aND pHysIcIaN-assIsTED sUIcIDE—REjEcTINg assIsTED sUIcIDE bUT E¸bRacINg EUTHaNasIa. N Engl J Med. 1997;337:1236–1239. 14 SUL¸asy ¶P, ·Ry WA, AHRONHEI¸ JC, ET aL. PUbLIcaTION Of papERs ON assIsTED sUIcIDE aND TER¸INaL sEDaTION. Ann Intern Med. 2000;133:564–566.
15 QUILL ¹´. ¶EaTH aND DIgNITy: a casE Of INDIVIDUaLIzED DEcIsION ¸akINg. N Engl J Med. 1991;324:691–694.
299
16 ÂaN DER WaL G, VaN ´Ijk J¹, ²EENEN ÁJ, SpREEUwENbERg C. ´UTHaNasIa aND assIsTED
REqUEsTs fOR assIsTED sUIcIDE. Arch Intern Med. 2000;161:657–663. 18 ¶UIN S, BaRNETT ´. BRIaN’s jOURNEy. Oregonian. µOVE¸bER 25, 1998:A1. 19 ³OLLIN B. Last Wish. µEw YORk: SI¸ON Í ScHUsTER; 1985. 20 Ja¸IsON S. Final Acts of Love: Family, Friends, and Assisted Dying. µEw YORk: GP PUTNa¸’s SONs; 1995. 21 MUHR ¹. ATLAS.ti [cO¸pUTER pROgRa¸]. ÂERsION 4.0. BERLIN, GER¸aNy: ScIENTIfic SOſtwaRE; 1999. 22 BLENDON ³J, SzaLay ·S, KNOx ³A. SHOULD pHysIcIaNs aID THEIR paTIENTs IN DyINg? THE pUbLIc pERspEcTIVE. ¼½¾½ . 1992;267:2658–2662. 23 BRODy Á. KEVORkIaN aND assIsTED DEaTH IN THE ·NITED STaTEs. ƾ¼. 1999;318:953–954. 24 BURT ³A. °E SUpRE¸E COURT spEaks—NOT assIsTED sUIcIDE bUT a cONsTITUTIONaL RIgHT TO paLLIaTIVE caRE. N Engl J Med. 1997;337:1234–1236. 25 ANgELL M. °E SUpRE¸E COURT aND pHysIcIaN-assIsTED sUIcIDE—THE ULTI¸aTE RIgHT.
N Engl J Med. 1997;336:50–53. 26 SIEgEL B. CRyINg IN sTaIRwELLs: HOw sHOULD wE gRIEVE fOR DyINg paTIENTs? ¼½¾½ . 1994;272:659. 27 PaRkEs CM. °E DyINg aDULT. ƾ¼ . 1998;316:1313–1315. 28 MagUIRE P. º¸pROVINg cO¸¸UNIcaTION wITH caNcER paTIENTs. Eur J Cancer . 1999;35: 1415–1422. 29 FIELD MJ, CassEL CK. Approaching Death: Improving Care at the End of Life. WasHINgTON, ¶C: µaTIONaL AcaDE¸y PREss; 1997. 30 ÁU¸pHRy ¶. Final Exit . ´UgENE, ±³: ÁE¸LOck SOcIETy; 1991. 31 QUILL ¹´. ºNITIaTINg END-Of-LIfE DIscUssIONs wITH sERIOUsLy ILL paTIENTs: aDDREssINg THE “ELEpHaNT IN THE ROO¸.” ¼½¾½. 2000;284:2502–2507. 32 ²O B, QUILL ¹, ¹ULsky J. ¶IscUssINg paLLIaTIVE caRE wITH paTIENTs: ¾»¿-¾¼im ´ND-Of-²IfE CaRE CONsENsUs PaNEL: A¸ERIcaN COLLEgE Of PHysIcIaNs-A¸ERIcaN SOcIETy Of ºNTERNaL MEDIcINE. Ann Intern Med. 1999;130:744–749. 33 °E AM, Áak ¹, KOETER G, VaN DER WaL G. COLLUsION IN DOcTOR-paTIENT cO¸¸UNIcaTION abOUT I¸¸INENT DEaTH: aN ETHNOgRapHIc sTUDy. West J Med. 2001;174:247–253. 34 QUILL ¹´, CassELL CK. µONabaNDON¸ENT: a cENTRaL ObLIgaTION fOR pHysIcIaNs. Ann
Intern Med. 1995;5:368–374. 35 ´psTEIN ³M, MORsE ¶S, FRaNkEL ³M, FRaREy ², ANDERsON K, BEck¸aN ÁB. AwkwaRD ¸O¸ENTs IN paTIENT-pHysIcIaN cO¸¸UNIcaTION abOUT hiv RIsk. Ann Intern Med. 1998;128:435–442. 36 CURTIs J³, WENRIcH M¶, CaRLINE J¶, SHaNNON S´, A¸bROzy ¶M, ³a¸sEy PG. ·NDERsTaNDINg pHysIcIaNs’ skILLs aT pROVIDINg END-Of-LIfE caRE pERspEcTIVEs Of paTIENTs, fa¸ILIEs, aND HEaLTH caRE wORkERs. J Gen Intern Med . 2001;16:41–49. 37 ³OTER ¶², ²aRsON S, FIscHER GS, ARNOLD ³M, ¹ULsky JA. ´xpERTs pRacTIcE wHaT THEy pREacH: a DEscRIpTIVE sTUDy Of bEsT aND NOR¸aTIVE pRacTIcEs IN END-Of-LIfE DIscUssIONs.
Arch Intern Med. 2000;160:3477–3485.
ediciuS detsissA-naicisyhP
sUIcIDE, ºº: DO ¶UTcH fa¸ILy DOcTORs acT pRUDENTLy? Fam Pract . 1992;9:135–140. 17 KOHLwEs ³J, KOEpsELL ¹¶, ³HODEs ²A, PEaRL¸aN ³A. PHysIcIaNs’ REspONsEs TO paTIENTs’
38 ´¸aNUEL ´J, FaIRcLOUgH ¶, CLaRRIDgE BC, ET aL. ATTITUDEs aND pRacTIcEs Of ·.S.
300
ONcOLOgIsTs REgaRDINg EUTHaNasIa aND pHysIcIaN-assIsTED sUIcIDE. Ann Intern Med . 2000;133:527–532. 39 MILEs SÁ. PHysIcIaNs aND THEIR paTIENTs’ sUIcIDEs. ¼½¾½. 1994;271:1786–1788.
. l a te kcaB . L y n o h t n A
40 µOVack ¶Á, SUcH¸aN A², CLaRk W, ´psTEIN ³M, µajbERg ´, KapLaN C. CaLIbRaTINg THE pHysIcIaN: pERsONaL awaRENEss aND EffEcTIVE paTIENT caRE: WORkINg GROUp ON PRO¸OTINg PHysIcIaN PERsONaL AwaRENEss, A¸ERIcaN AcaDE¸y ON PHysIcIaN aND PaTIENT.
¼½¾½. 1997;278:502–509. 41 FaRbER µJ, µOVack ¶Á, ±’BRIEN MK. ²OVE, bOUNDaRIEs, aND THE paTIENT-pHysIcIaN RELaTIONsHIp. Arch Intern Med. 1997;157:2291–2294. 42 BaLINT M. °e Doctor, His Patient, and the Illness. µEw YORk: ºNTERNaTIONaL ·NIVERsITIEs PREss ºNc; 1957. 43 BREITbaRT W, ³OsENfELD B, PEssIN Á, ET aL. ¶EpREssION, HOpELEssNEss, aND DEsIRE fOR HasTENED DEaTH IN TER¸INaLLy ILL paTIENTs wITH caNcER. ¼½¾½. 2000;284:2907–2911. 44 GaNzINI ², JOHNsTON WS, McFaRLaND BÁ, ¹OLLE SW, ²EE MA. ATTITUDEs Of paTIENTs wITH a¸yOTROpHIc LaTERaL scLEROsIs aND THEIR caRE gIVERs TOwaRD assIsTED sUIcIDE. N Engl J
Med. 1998;339:967–973. 45 CHOcHINOV ÁM, WILsON KG, ´NNs M, ET aL. ¶EsIRE fOR DEaTH IN THE TER¸INaLLy ILL. Am
J Psychiatry. 1995;152:1185–1191. 46 ²aVERy JÂ, BOyLE J, ¶IckENs BM, MacLEaN Á, SINgER PA. ±RIgINs Of THE DEsIRE fOR EUTHaNasIa aND assIsTED sUIcIDE IN pEOpLE wITH hiv-1 OR ¾id¼: a qUaLITaTIVE sTUDy. Lan-
cet. 2001;358:362–367.
My FATheR’s DeATh Susan M. Wolf
¶UTy: AN acT . . . REqUIRED Of ONE by pOsITION, sOcIaL cUsTO¸, Law, OR RELIgION. . . . MORaL ObLIgaTION. — American Heritage Dictionary of the English Language, 4th ed.
My faTHER’s DEaTH fORcED ¸E TO RETHINk aLL º HaD wRITTEN OVER TwO DEcaDEs OppOsINg LEgaLIzaTION Of pHysIcIaN-assIsTED sUIcIDE aND EUTHaNasIa.à °aT sHOULD NOT HaVE sURpRIsED ¸E. YEaRs agO, wHEN º sTaRTED wORkINg ON END-Of- LIfE caRE, HE cHaLLENgED ¸y VIEws ON aDVaNcE DIREcTIVEs by INsIsTINg THaT HE wOULD waNT “EVERyTHINg,” EVEN IN a pERsIsTENT VEgETaTIVE sTaTE. “º ¸aDE THE ¸ONEy, sO º caN spEND IT.” MORE DEEpLy, HE aRgUED THaT THE ÁOLOcaUsT was INcO¸paTIbLE wITH THE ExIsTENcE Of GOD. °ERE Is NO aſtERLIfE, HE cLaI¸ED. °Is Is IT, aND HE waNTED EVERy LasT bIT Of “IT” ON aNy TER¸s. My faTHER was a s¸aRT, saVVy LawyER, THE fa¸ILy paTRIaRcH. ÁE was fORcEfUL, EVEN INTI¸IDaTINg aT TI¸Es. WE HaD fOUgHT OVER THE yEaRs, EspEcIaLLy as º NEaRED cOLLEgE. °aT was pRObabLy NEcEssaRy—¸y sEpaRaTINg aND OUR DIsENgagINg. WHEN º was a cHILD, IT was a fa¸ILy jOkE HOw OſtEN HE aND º saID THE sa¸E THINg aT THE sa¸E TI¸E. WE wERE aLIkE IN ¸aNy ways. My faTHER was DIagNOsED wITH a ¸ETasTaTIc HEaD aND NEck caNcER IN 2002. ÁIs pREDIcTabLE VIEw was “spaRE NO EffORT.” A TOp HEaD aND NEck sURgEON wORkED THROUgH cONflIcTINg paTHOLOgy REpORTs TO LOcaTE THE pRI¸aRy TU¸OR IN THE THyROID aND ExcIsE THE gLaND. METasTasEs wOULD cROp Up fRO¸ TI¸E TO TI¸E, bUT RaDIaTION aND THEN CybERKNIfE RaDIOsURgERy kEpT THE¸ IN cHEck. FOR fiVE yEaRs HE DID wELL. °INgs cHaNgED IN JUNE Of 2007. °E LasT CybERKNIfE TREaT¸ENT was bILLED as THE wORsT, wITH sIgNIficaNT paIN LIkELy TO fOLLOw. SURE ENOUgH, TEN Days LaTER, ¸y faTHER’s paIN ON swaLLOwINg bEca¸E sEVERE. ÁE bEgaN LOsINg wEIgHT—a
SUsaN M. WOLf, “CONfRONTINg PHysIcIaN-AssIsTED SUIcIDE aND ´UTHaNasIa: My FaTHER’s ¶EaTH,” fRO¸ Hastings Center Report 38, NO. 5 (2008): 23–26. ³EpRINTED by pER¸IssION Of JOHN WILEy aND SONs.
LOT Of IT. ÁE wEakENED. ÁE fELL TwIcE IN HIs apaRT¸ENT. ÁIs REgULaR INTERNIsT
302
was OUT Of TOwN, sO HE wENT TO THE E¸ERgENcy ROO¸ Of a LOcaL HOspITaL. ¶OcTORs DID LITTLE fOR THIs 79-yEaR-OLD ¸aN wITH a 5-yEaR HIsTORy Of ¸ETasTaTIc
f l o W . M n a s u S
THyROID caNcER pLUs E¸pHysE¸a aND cHRONIc ObsTRUcTIVE pUL¸ONaRy DIsEasE. ÁE was bRIEfly DIscHaRgED TO HO¸E bUT fiNaLLy ¸aDE IT TO THE HEaD aND NEck sURgEON wHO HaD fOUND THE pRI¸aRy TU¸OR IN 2002. ±NE LOOk aT ¸y faTHER aND THE sURgEON aD¸ITTED HI¸, ORDERINg a gasTROsTO¸y TUbE TO DELIVER NUTRITION. µOw ¸y faTHER was IN aN ExcELLENT HOspITaL, wITH THE HEaD aND NEck, pUL¸ONOLOgy, aND gasTROENTEROLOgy sERVIcEs wORkINg HI¸ Up. °E ¸OOD bRIgHTENED aND THE fa¸ILy gaTHERED aROUND HI¸. º spENT Days IN HIs sUNNy HOspITaL ROO¸ RE¸INIscINg, pLOwINg THROUgH THE New York Times wITH HI¸, sINgINg THE cOLLEgE figHT sONgs HE OffERED as LULLabIEs wHEN º was LITTLE. WITH ¸ULTIpLE sERVIcEs fOcUsINg ON ¸y faTHER’s cONDITION, º HOpED THE pIcTURE wOULD sOON cO¸E cLEaR. º waITED fOR a sINgLE pHysIcIaN TO pUT THE pIEcEs TOgETHER. AND THE ¸EDIcaL pIcTURE was bEcO¸INg wORsE. A sURgIcaL pROcEDURE REVEaLED caNcER IN THE LIVER. PUL¸ONOLOgy aDDED pNEU¸ONIa TO THE ROsTER Of LUNg aIL¸ENTs. MEaNwHILE, DIppINg OxygEN saTURaTION NU¸bERs DROVE a TRIp TO THE INTENsIVE caRE UNIT. ATTE¸pTED ENDOscOpy REVEaLED a TU¸OR bETwEEN THE EsOpHagUs aND TRacHEa, NaRROwINg THE EsOpHagUs. BUT NO pHysIcIaN was pUTTINg THE wHOLE pIcTURE TOgETHER. WHaT TREaT¸ENT aND paLLIaTIVE OpTIONs RE¸aINED, If aNy? WHaT paTHways sHOULD HE—aND wE—bE cONsIDERINg aT THIs pOINT?
He Said He Wanted to Stop My faTHER was bEcO¸INg INcREasINgLy wEak. ÁE was fiNDINg IT DIfficULT TO “fOcUs,” as HE pUT IT. ÁE cOULD NOT REaD, DO THE New York Times cROsswORD pUzzLEs HE UsED TO kNOck Off IN aN HOUR, OR EVEN waTcH tv. FORTUNaTELy, HE cOULD TaLk, aND wE spENT HOURs ON TRIps HE HaD TakEN aROUND THE wORLD, fa¸ILy HIsTORy, HIs aDVENTUREs as a LITIgaTOR. BUT HE was cONfiNED TO bED aND DID LITTLE wHEN HE was aLONE. °EN ONE ¸ORNINg HE saID HE waNTED TO sTOp. µO ¸ORE TUbE fEEDINg. µO ONE was pREpaRED fOR THIs swITcH fRO¸ a LIfETI¸E Of “spaRE NO EffORT.” ÁE TOLD ¸E HE fEaRED HE was NOw a TERRIbLE bURDEN. º pROTEsTED, kNOwINg THaT º wOULD wILLINgLy bEaR THE “bURDEN” Of HIs ILLNEss. º sUspEcT THaT wHaT OTHERs saID was ¸ORE pOwERfUL, THOUgH. º was LaTER TOLD THaT THE DOcTOR URgED HI¸ NOT TO sTOp, waRNINg THaT HE wOULD sUffER a paINfUL DEaTH, THaT ¸ORpHINE wOULD bE REqUIRED TO cONTROL THE DIscO¸fORT, aND THaT ¸y faTHER wOULD LOsE cONscIOUsNEss bEfORE
THE Day was OUT. ºNsTEaD Of assURINg ¸y faTHER THaT HEaLTH pROfEssIONaLs kNOw HOw TO ¸aINTaIN cO¸fORT aſtER TER¸INaTION Of aRTIficIaL NUTRITION aND HyDRa-
303
wOULD wIsH aLOUD THaT HE HaD caRRIED THROUgH wITH THIs DEcIsION. CONVINcED NOw THaT HE HaD NO cHOIcE, ¸y faTHER sOLDIERED ON. BUT HOspITaL pERsONNEL aNNOUNcED THaT IT was TI¸E fOR HI¸ TO LEaVE THE HOspITaL. WE wERE INcREDULOUs. ÁE cOULD NOT sTaND, waLk, OR EaT. ÁE HaD bEDsOREs. ´VEN TRaNsfERRINg HI¸ fRO¸ bED TO a cHaIR was DIfficULT. AND THE RIgORs Of TRaNspORTINg HI¸ IN THE EaRLy AUgUsT HEaT wERE wORRIsO¸E. BUT THEy URgED TRaNsfER TO a REHabILITaTION facILITy. My faTHER was assURED THaT wITH cONTINUED TUbE fEEDINg aND REHab, HE cOULD bE waLkINg INTO THE sURgEON’s OfficE IN ±cTObER. ºT sEE¸ED TO ¸E ¸y faTHER was bEINg abaNDONED. ÁIs pROgNOsIs was cLEaRLy baD aND HE HI¸sELf HaD NOw RaIsED THE pROspEcT Of sTOppINg TUbE fEEDINg aND DyINg, bUT IT sHOckED ¸E TO sEE THE HOspITaL TRy TO gET RID Of HI¸. YEs, THE HOspITaL saID HE cOULD RETURN (sO¸EHOw) IN LaTE SEpTE¸bER TO sEE THE ent ONcOLOgIsT. BUT as faR as º kNEw, THaT pHysIcIaN HaD NEVER EVEN ¸ET ¸y faTHER. AND º DOUbTED ¸y faTHER wOULD ¸akE IT TO SEpTE¸bER. STILL, NO ONE was INTEgRaTINg THE bIg pIcTURE. °ERE sEE¸ED TO bE LITTLE cHOIcE. My faTHER was sUccEssfULLy TRaNspORTED by a¸bULaNcE TO aNOTHER HOspITaL wITH a wELL- REgaRDED REHabILITaTION UNIT. °E TRaNsfER pROVIDED bRIEf REspITE. My faTHER was DELIgHTED THaT HE was NOw ONLy bLOcks fRO¸ HIs apaRT¸ENT, aND THE ENTIcINg pOssIbILITy Of acTUaLLy gOINg HO¸E bEckONED. BUT THE REHab UNIT DE¸aNDED HOURs pER Day Of RIgOROUs wORk fRO¸ EacH paTIENT. My faTHER was TOO wEak. AND HIs pNEU¸ONIa was aN IssUE. ÁE was ¸OVED Off REHab TO THE ¸EDIcaL flOOR. A cO¸passIONaTE aND aTTENTIVE HOspITaLIsT appEaRED, TRyINg TO pUT TOgETHER THE bIg pIcTURE. SHE sET abOUT cOLLEcTINg THE REpORTs fRO¸ THE pRIOR TwO HOspITaLs aND INTEgRaTINg THE¸. AgaIN, ¸aNy TEa¸s wERE ON bOaRD, INcLUDINg RHEU¸aTOLOgy NOw fOR flaRINg gOUT. º REqUEsTED THE paLLIaTIVE caRE TEa¸. ´VEN THOUgH ¸y faTHER cOULD bE LUcID aND “HI¸sELf,” º LIsTENED paINfULLy as HE faLTERED THROUgH THE qUEsTIONs ON THEIR ¸INI–¸ENTaL Exa¸. ºT was HaRD TO accEpT THaT THIs paRagON Of aNaLyTIc aND VERbaL pREcIsION was faILINg. º aLERTED a ¸E¸bER Of THE paLLIaTIVE caRE TEa¸ THaT ¸y faTHER HaD EVIDENTLy bEEN ¸IsINfOR¸ED aT THE pRIOR HOspITaL abOUT THE cONsEqUENcEs Of sTOppINg aRTIficIaL NUTRITION aND HyDRaTION. º URgED HER TO fiND a TI¸E TO REassURE HI¸ THaT HE INDEED HaD cHOIcEs, cOULD REfUsE TREaT¸ENTs If HE waNTED TO, aND cOULD bE cONfiDENT THaT HIs cO¸fORT wOULD bE ¸aINTaINED. º ¸aDE cLEaR TO HER THaT º HOpED HE wOULD cHOOsE TO sTay THE cOURsE fOR NOw aND RE¸aIN wITH Us, bUT THaT HE DEsERVED TO kNOw
htaeD s’rehtaF y M
TION, ¸y faTHER was scaRED away fRO¸ THIs OpTION. WEEks LaTER, ¸y faTHER
THaT HE HaD THE cHOIcE. My faTHER HaD DEsIgNaTED HIs TwO pROxy DEcIsION ¸ak-
304
ERs (ONE Of THE¸ ¸E), bUT cOULD sTILL paRTIcIpaTE IN THE ¸EDIcaL DEcIsION ¸akINg. ÁIs VaLUEs aND HIs sUbjEcTIVE ExpERIENcE—wHETHER HE waNTED ¸ORE
f l o W . M n a s u S
INTERVENTIONs OR HaD REacHED HIs LI¸IT—wERE kEy. STILL UNREsOLVED, THOUgH, was THE qUEsTION Of wHERE wE wERE HEaDED. COULD TUbE fEEDINg aND REHab bRINg HI¸ HO¸E aND EVEN waLkINg INTO THE sURgEON’s OfficE IN ±cTObER? Was THERE TREaT¸ENT THaT cOULD sLOw THE gROwTH Of THE NEwLy DIscOVERED caNcER IN HIs LUNg? SHOULD wE INsTEaD pURsUE HOspIcE caRE? AT TI¸Es, ¸y faTHER’s ILLNEss sEE¸ED LIkE Rashomon, a sTORy wITH cONflIcTINg VERsIONs aND pOssIbLE TRajEcTORIEs. BUT sOON ¸y faTHER was back IN THE i»u, wITH OxygEN saTURaTION pERcENTagEs DIppINg INTO THE sEVENTIEs. ¹UbE fEEDINg was sO UNcO¸fORTabLE THaT IT was aD¸INIsTERED sLOwLy THROUgH THE NIgHT. PaIN ¸EDIcaTION was a cONsTaNT. ¶EspITE THIs, HE HELD cOURT IN HIs ROO¸, ENjOyINg THE baNTER, aND OffERINg HIs OwN wITH THaT wRy s¸ILE aND cOckED EyEbROw. ÁE was bRIEfly TRaNsfERRED TO THE pUL¸ONaRy caRE UNIT, as THE ¸OsT pREssINg IssUEs aT THIs pOINT wERE acTUaLLy NOT caNcER bUT LUNg ¸UcUs aND sEcRETIONs, as wELL as pNEU¸ONIa. º aRRIVED ONE ¸ORNINg TO fiND HI¸ UpsET. ÁIs NURsE was NOT aNswERINg HIs caLLs, aND HIs I¸¸ObILITy LEſt HI¸ aT HER ¸ERcy. º sU¸¸ONED THE HIgHLy ExpERIENcED aND E¸paTHETIc sUpERVIsOR, bUT EVEN bEHIND cLOsED DOORs wITH HER HE was afRaID TO spEak pLaINLy. º saw THIs TOUgH-as-NaILs LITIgaTOR REDUcED TO fEaRfUL DEpENDENcE.
“Can We Accelerate?” By ¸ORNINg THERE was a NEw pRObLE¸. My faTHER HaD DEVELOpED a ¸assIVE bLEED. µURsINg HaD fOUND HI¸ IN a pOOL Of HIs OwN bLOOD, LyINg a¸ONg THE cLOTs. °E gasTROENTEROLOgIsTs TOOk HI¸ IN fOR a pROcEDURE, spENDINg HOURs TRyINg TO fiND THE sOURcE Of THE bLEED. °Ey NEVER fOUND IT. My faTHER REqUIRED TRaNsfUsION Of ¸OsT Of HIs bLOOD VOLU¸E. °E bLEEDINg abaTED, bUT wE kNEw IT cOULD REsU¸E aNy TI¸E. °aT was IT—THE fiNaL bLOw. My faTHER was back IN THE i»u NOw, bUT THE bLEED aND THE HOURs spENT sEaRcHINg fOR ITs sOURcE wERE TOO ¸UcH. ÁE waITED UNTIL wE gaTHERED aT HIs bEDsIDE. ÁIs spEEcH was HaLTINg NOw, bUT HIs DETER¸INaTION ObVIOUs. “¹ELL ¸E ¸y cHOIcEs.” WE wENT THROUgH EacH OpTION—yOU caN kEEp gOINg LIkE THIs, OR yOU caN gO back TO THE flOOR If THE i»u Is bOTHERINg yOU, OR yOU caN HaLT THE TUbE fEEDINg aND iv HyDRaTION. YOU aLsO caN waIT, RaTHER THaN DEcIDINg RIgHT NOw.
FOR cLOsE TO aN HOUR wE sTayED IN a TIgHT cIRcLE aROUND HIs bED, sTRaININg TO HEaR HIs EVERy wORD, cRyINg, REspONDINg TO EacH qUEsTION. AT ONE pOINT, º
305
2 ¾.m.,” HE saID. ÁE waNTED a DEcIsION NOw. “°aT’s wHaT º waNT. ¹O TER¸INaTE.” ÁE ¸aDE IT cLEaR HE waNTED TO sTOp TUbE fEEDINg aND iv HyDRaTION. BUT THaT wasN’T ENOUgH. ÁE waNTED cONsENsUs. WITH THE DEcIsION ¸aDE, wE sET abOUT cO¸¸UNIcaTINg IT TO THE caREgIVERs aND gETTINg NEw ORDERs wRITTEN. ºT was THEN THaT HE UTTERED THREE wORDs THaT sHOOk ¸E. “CaN wE accELERaTE?” ºT sEE¸ED HE was askINg fOR ¸ORE—a fasT DEaTH, by assIsTED sUIcIDE OR EUTHaNasIa. ³EflExIVELy, º saID NO, bUT wITH a pRO¸IsE—wE caN ¸akE absOLUTELy cERTaIN THEy kEEp yOU cO¸fORTabLE. ´VEN If yOU caN’T TaLk, EVEN If yOU appEaR cO¸aTOsE, If yOU ¸ERELy fURROw yOUR bROw, wE’LL kNOw yOU NEED ¸ORE paIN ¸EDIcaTION. º kNEw RIgHT away THaT º NEEDED TO THINk THROUgH ¸y “NO.” ºN REaLITy, wE wERE IN THE i»u Of a ¸ajOR HOspITaL IN a jURIsDIcTION THaT aLLOwED NEITHER assIsTED sUIcIDE NOR EUTHaNasIa. ºNDEED, NO jURIsDIcTION IN THE ·NITED STaTEs aLLOws EUTHaNasIa, aND ¸y faTHER was bEyOND assIsTED sUIcIDE by swaLLOwINg pREscRIbED LETHaL ¸EDIcaTION, as HE cOULDN’T swaLLOw aNyTHINg. BUT º sTILL NEEDED TO THINk THIs THROUgH. º kNEw THaT IN sO¸E ways, ¸y faTHER pREsENTED wHaT pROpONENTs Of assIsTED sUIcIDE aND EUTHaNasIa wOULD REgaRD as a sTRONg casE. ÁE was cLEaRLy DyINg Of pHysIcaL caUsEs, UNLIkE THE cONTROVERsIaL 1991 Chabot casE IN THE µETHERLaNDs INVOLVINg a paTIENT wHO was ¸ERELy DEpREssED. ÁE cERTaINLy HaD LEss THaN sIx ¸ONTHs TO LIVE. ÁE was pRObabLy DEpREssED by HIs ILLNEss, bUT IN a way THaT was appROpRIaTE TO HIs sITUaTION. ÁIs DEcIsIONaL capacITy HaD sURELy DEcLINED, bUT HE was abLE TO ExpREss DEfiNITE TREaT¸ENT pREfERENcEs. MOREOVER, HE wasN’T askINg fOR a cHaNgE IN pOLIcy OR Law. STaTEwIDE OR NaTIONaL cHaNgEs IN pOLIcy REqUIRE cONsIDERINg a HUgE RaNgE Of paTIENTs, aNTIcIpaTINg THE pREDIcTabLE ERRORs aND abUsEs. °E ¶UTcH HaVE bRaVELy DOcU¸ENTED aLL Of THIs THROUgH E¸pIRIcaL sTUDy Of THEIR pRacTIcE Of LEgaLIzED EUTHaNasIa—VIOLaTIONs Of THE REqUIRE¸ENT fOR a cONTE¸pORaNEOUs REqUEsT by a cO¸pETENT paTIENT, DOcTORs faILINg TO REpORT THE pRacTIcE as REqUIRED, aND pRacTIcE faLLINg DOwN THE sLIppERy sLOpE TO EUTHaNasIa Of NEwbORNs.Ä ±REgON Has DOcU¸ENTED ITs ExpERIENcE wITH LEgaLIzED assIsTED sUIcIDE, TOO, bUT ONLy THE casEs REpORTED as REqUIRED, LEaVINg gREaT UNcERTaINTy abOUT casEs NOT REpORTED.Æ My faTHER wasN’T askINg fOR sOcIETaL cHaNgE, THOUgH, ONLy wHETHER HE HI¸sELf cOULD “accELERaTE.” º facED THE HIgHLy INDIVIDUaL qUEsTION Of HOw TO DO RIgHT by ¸y OwN faTHER.
htaeD s’rehtaF y M
THOUgHT HE waNTED TO waIT, bUT HE caLLED Us back. ҼT cOULD HappEN agaIN. AT
We Kept Vigil, around the Clock 306 ºN TRUTH, IT was LIfE THaT aNswERED THE qUEsTION, NOT LOgIc. ºN sO¸E ways, IT f l o W . M n a s u S
wOULD HaVE bEEN psycHOLOgIcaLLy EasIER, OR aT LEasT fasTER, TO bRINg THE ORDEaL wE aLL wERE ExpERIENcINg TO a qUIck END. º was IN a cITy faR fRO¸ ¸y HUsbaND aND cHILDREN, DOINg sHIſts aT ¸y faTHER’s bEDsIDE aT aLL HOURs, fEaRfUL Of ¸ORE LOO¸INg ¸EDIcaL DIsasTERs INcREasINg HIs DIscO¸fORT. BUT INsTEaD Of ENDINg aLL Of THIs aND flEEINg, wE sTayED, REDOUbLINg OUR aTTENTION TO HI¸. º sTROkED HIs THIck wHITE HaIR. ÁE aND º RE¸INIscED. ÁE was aLways a gREaT RacONTEUR. WE TaLkED aND TaLkED OVER THE NExT Days. °E DEcIsION TO sTOp TUbE fEEDINg acTUaLLy sEE¸ED TO LIgHTEN HIs LOaD. A DEcIsION. ºN a way, IT was a RELIEf. AND ExEcUTINg THE DEcIsION TOOk wORk, ITsELf a DEVOTION. ºT was aROUND 6 ¿.m. wHEN THE DEcIsION was ¸aDE. °E i»u DOcTOR ca¸E TO THE bEDsIDE TO cONfiR¸ THE NEw pLaN aND assURE ¸y faTHER THaT HE wOULD bE kEpT cO¸fORTabLE. BUT THE paLLIaTIVE caRE pROfEssIONaL, abOUT TO gO Off-DUTy, INsIsTED THaT ¸y faTHER wOULD NEED TO LEaVE THE HOspITaL. º was asTONIsHED. Was sHE sayINg HE cOULD NOT TER¸INaTE TREaT¸ENT HERE? °aT THE HOspITaL HaD NO IN-paTIENT HOspIcE caRE? °aT yOU cOULD accEpT INVasIVE TREaT¸ENT aT THIs HOspITaL, bUT NOT REfUsE IT? AſtER yEaRs Of wORkINg ON END-Of-LIfE IssUEs, º kNEw bETTER. º cONfRONTED HER: “YOU kNOw THaT ¸y faTHER Has a cONsTITUTIONaL aND cO¸¸ON Law RIgHT TO REfUsE INVasIVE TREaT¸ENT, INcLUDINg IN THIs HOspITaL.” SHE accEDED, bUT INsIsTED THaT HE wOULD NO LONgER ¸EET THE cRITERIa fOR HOspITaLIzaTION; HE wOULD NEED TO LEaVE, TO a HOspIcE facILITy OR HO¸E. °E HOspITaL EVIDENTLy HaD NO HOspIcE TO OffER. FINE, wE wOULD sET abOUT aRRaNgINg aD¸IssION TO HOspIcE. °ERE was ¸ORE—cONcERNs OVER wHETHER THE flUID flOwINg THROUgH a RE¸aININg LINE wOULD wRONgLy pROLONg HIs LIfE aND wHETHER gIVINg ¸ORpHINE by pU¸p RaTHER THaN THROUgH HIs LINE wOULD DO THE sa¸E. º REacHED OUT by cELL pHONE aND E¸aIL TO cOLLEagUEs wHO wERE ExpERT IN ¸aINTaININg cO¸fORT wHEN aRTIficIaL NUTRITION aND HyDRaTION aRE sTOppED. WE sIgNED THE papERs REqUEsTINg TRaNsfER TO HOspIcE. AT ONE pOINT, ¸y faTHER askED, “WILL º sEE THE END cO¸INg OR faDE away?” µO ONE IN THE HOspITaL was cOUNsELINg ¸y faTHER. º wORkED ¸y cELL pHONE fOR aNswERs aND caRRIED THE¸ TO ¸y faTHER’s bEDsIDE. ¹O a ¸aN wHO cOULD HOLD NO faITH aſtER THE ÁOLOcaUsT, º EVEN bROUgHT THE wORDs aND ExpERIENcE Of ¸y RabbI. WE kEpT VIgIL, aROUND THE cLOck. ÁE was OUT Of THE i»u NOw, IN a HOspITaL ROO¸ awaITINg TRaNsfER TO HOspIcE. As HE bEgaN TO DOzE ¸ORE aND TaLk LEss, wE waTcHED caREfULLy fOR THE sLIgHTEsT sIgN Of DIscO¸fORT. WE HaD pRO¸IsED wE wOULD assURE HIs cO¸fORT. °aT ¸EaNT cONsTaNT VIgILaNcE.
°E LasT TI¸E º saw ¸y faTHER, HE was ¸OTIONLEss. ÁIs EyEs wERE cLOsED. ÁE HaD sTOppED spEakINg. ÁE appEaRED UNREspONsIVE. ÁIs bREaTHINg was qUI-
307
sTROkED HIs HaIR, sTILL fULL aND sILVERED. º spOkE TO HI¸ fRO¸ THE HEaRT, wORDs THaT RE¸aIN bETwEEN HI¸ aND ¸E. °EN º HEaRD ¸ysELf say, “ºf º a¸ a gOOD ¸OTHER, IT’s bEcaUsE yOU wERE a gREaT faTHER.” AND TO ¸y sURpRIsE, HE ¸OVED HIs jaw. µOT HIs LIps OR HIs ¸OUTH. BUT HE OpENED HIs jaw THREE TI¸Es. ºT was OUR sIgNaL, THE ONE wE’D wORkED OUT IN THE i»u. °REE ¸EaNs “º-LOVE-yOU.” ¹EaRs sTREa¸ED DOwN ¸y facE. º sTRUggLED, RE¸E¸bERINg THE RabbI’s caUTION THaT THE ONEs wE LOVE ¸OsT ¸ay NEED pER¸IssION TO LEaVE Us, TO DIE. “º kNOw yOU ¸ay HaVE TO LEaVE bEfORE º gET back. °aT’s Okay.” ºT fELT NEaRLy I¸pOssIbLE TO LET HI¸ gO. My cHEsT was bURsTINg. °E paIN was cRUsHINg. WHEN º fiNaLLy LEſt, º was wORkINg TO bREaTHE. ¹akINg ONE sTEp THEN aNOTHER. BREakINg DOwN, cOLLEcTINg ¸ysELf, bREakINg DOwN agaIN. ÁE DIED NOT LONg aſtER.
In the End º wILL NOT pRETEND—THERE was a pRIcE TO bE paID fOR gOINg THE LONgER way, NOT THE sHORTER. My faTHER DIED sLOwLy. ÁE HaD TO TRUsT THaT wE wOULD kEEp a fEROcIOUs VIgIL, DE¸aNDINg wHaTEVER paLLIaTIVE caRE HE NEEDED. ºT was HE wHO TRaVELED THaT ROaD, NOT ¸E. º paID ¸y OwN pRIcE, THOUgH. º fELT THE HEaVy wEIgHT Of HIs TRUsT aND THE ObLIgaTION TO figHT fOR HI¸. º was scaRED º ¸IgHT faIL. º fELT VERy cLOsE TO THE jaws Of DEaTH. BUT wITH EVERy ¸E¸ORy wE sHaRED wHILE HE cOULD spEak, EVERy LILT Of HIs EyEbROw aND wRy s¸ILE, wE baskED TOgETHER IN LIfE, REVELED IN a bIT ¸ORE Of 54 yEaRs TOgETHER aND HIs NEaRLy 80 ON THIs EaRTH. Fa¸ILy aND caREgIVERs DID ¸aNagE TO kEEp HI¸ cO¸fORTabLE. ÁE DIED LOVED aND LOVINg. º gRIEVE sTILL. º REREaD THE LETTERs HE wROTE HO¸E fRO¸ ±xfORD IN HIs 20s, º pORE OVER THE gENEaLOgy cHaRTs HE paINsTakINgLy cONsTRUcTED OVER DEcaDEs, º fiNgER THE abacUs HE kEpT IN HIs Law OfficE. º gO TO E¸aIL HI¸, THEN RE¸E¸bER. º wOULD NOT waNT TO bEaR THE bURDEN Of HaVINg “accELERaTED,” Of caUsINg HIs DEaTH by EUTHaNasIa OR assIsTED sUIcIDE; THIs Is HaRD ENOUgH. My faTHER’s DEaTH ¸aDE ¸E RETHINk ¸y ObjEcTIONs TO LEgaLIzINg assIsTED sUIcIDE aND EUTHaNasIa, bUT IN THE END IT LEſt ¸E aT EasE wITH wHaT º’VE wRITTEN. STayINg, kEEpINg VIgIL, figHTINg TO sEcURE a cO¸fORTabLE DEaTH, sTROkINg HIs HaIR, sTaNDINg gUaRD as DEaTH appROacHED was ¸y DUTy. ºT was THE fiNaL RIpENINg Of ¸y LOVE. WE bOTH cHaNgED, EVEN cLOsER aT THE END.
htaeD s’rehtaF y M
ETER, Rasps gONE wITH DEHyDRaTION. º TOOk HIs HaND. º TOLD HI¸ º LOVED HI¸. º
308
notes
f l o W . M n a s u S
1 ºN THE ¸ID-1980s, º HaD LED THE ÁasTINgs CENTER pROjEcT THaT DEVELOpED Guidelines on
the Termination of Life-Sustaining Treatment and the Care of the Dying (ºNDIaNapOLIs: ºNDIaNa ·NIVERsITy PREss, 1987). FOR a sa¸pLE Of ¸y sUbsEqUENT wORk ON pHysIcIaN- assIsTED sUIcIDE, sEE “GENDER, FE¸INIs¸, aND ¶EaTH: PHysIcIaN-AssIsTED SUIcIDE aND ´UTHaNasIa,” IN Feminism and Bioethics: Beyond Reproduction, ED. S. M. WOLf (µEw YORk: ±xfORD ·NIVERsITy PREss, 1996), 282–317; “PHysIcIaN-AssIsTED SUIcIDE IN THE CONTExT Of MaNagED CaRE,” Duquesne Law Review 35 (1996): 455–479; “PHysIcIaN-AssIsTED SUIcIDE, AbORTION, aND ¹REaT¸ENT ³EfUsaL: ·sINg GENDER TO ANaLyzE THE ¶IffERENcE,” IN
Physician-Assisted Suicide, ED. ³. WEIR (ºNDIaNapOLIs: ºNDIaNa ·NIVERsITy PREss, 1997), 167–201; “FacINg AssIsTED SUIcIDE aND ´UTHaNasIa IN CHILDREN aND ADOLEscENTs,” IN
Regulating How We Die: °e Ethical, Medical, and Legal Issues Surrounding Physician- Assisted Suicide, ED. ². ². ´¸aNUEL (Ca¸bRIDgE, MA.: ÁaRVaRD ·NIVERsITy PREss, 1998), 92–119, 274–294; “PRag¸aTIs¸ IN THE FacE Of ¶EaTH: °E ³OLE Of FacTs IN THE AssIsTED SUIcIDE ¶EbaTE,” Minnesota Law Review 82 (1998): 1063–1101; aND “AssEssINg PHysIcIaN CO¸pLIaNcE wITH THE ³ULEs fOR ´UTHaNasIa aND AssIsTED SUIcIDE,” Archives of Internal
Medicine 165 (2005): 1677–1679. 2 º DIscUss aLL Of THIs IN ¸y wORk cITED abOVE. SEE aLsO P. J. VaN DER Maas ET aL., “´UTHaNasIa aND ±THER MEDIcaL ¶EcIsIONs CONcERNINg THE ´ND Of ²IfE,” Lancet 338 (1991): 669–674; ². PIjNENbORg ET aL., “²IfE-¹ER¸INaTINg AcTs wITHOUT ´xpLIcIT ³EqUEsT Of PaTIENT,” Lancet 341 (1993): 1196–1199; P. J. VaN DER Maas ET aL., “´UTHaNasIa, PHysIcIaN-AssIsTED SUIcIDE, aND ±THER MEDIcaL PRacTIcEs ºNVOLVINg THE ´ND Of ²IfE IN THE µETHERLaNDs, 1990–1995,”
New England Journal of Medicine 335 (1996): 1699–1705; G. VaN DER WaL ET aL., “´VaLUaTION Of THE µOTIficaTION PROcEDURE fOR PHysIcIaN-AssIsTED ¶EaTH IN THE µETHERLaNDs,” New
England Journal of Medicine 335 (1996): 1706–1711; A. VaN DER ÁEIDE aND P. J. VaN DER Maas, “MEDIcaL ´ND-Of-²IfE ¶EcIsIONs MaDE fOR µEONaTEs aND ºNfaNTs IN THE µETHERLaNDs,” Lancet 350 (1997): 251–255; B. ¶. ±NwUTEaka-PHILIpsEN ET aL., “´UTHaNasIa aND ±THER ´ND-Of-²IfE ¶EcIsIONs IN THE µETHERLaNDs IN 1990, 1995, aND 2001,” Lancet 362 (2003): 395–399; ¹. SHELDON, “±NLy ÁaLf Of ¶UTcH ¶OcTORs ³EpORT ´UTHaNasIa, ³EpORT Says,” British Medical Journal 326 (2003): 1164; ¹. SHELDON, “¶UTcH ³EpORTINg Of ´UTHaNasIa CasEs FaLLs—¶EspITE ²EgaL ³EpORTINg ³EqUIRE¸ENTs,” British Medical Journal 328 (2004): 1336; B. ¶. ±NwUTEaka-PHILIpsEN ET aL., “¶UTcH ´xpERIENcE Of MONITORINg ´UTHaNasIa,” British Medical Journal 331 (2005): 691–693; ´. ÂERHagEN aND P. J. J. SaUER, “°E GRONINgEN PROTOcOL: ´UTHaNasIa IN SEVERELy ºLL µEwbORNs,” New England Journal
of Medicine 352 (2005): 959–962; A. VaN DER ÁEIDE ET aL., “´ND-Of-²IfE PRacTIcEs IN THE µETHERLaNDs UNDER THE ´UTHaNasIa AcT,” New England Journal of Medicine 356 (2007): 1957–1965. 3 SEE K. FOLEy aND Á. ÁENDIN, “°E ±REgON ³EpORT: ¶ON’T Ask, ¶ON’T ¹ELL,” Hastings Cen-
ter Report 29, NO. 3 (1999): 37–42; ´. J. ´¸aNUEL, “±REgON’s PHysIcIaN-AssIsTED SUIcIDE ²aw: PROVIsIONs aND PRObLE¸s,” Archives of Internal Medicine 156 (1996): 825–829.
allocaTion and JuSTice
V
This page intentionally left blank
GlossARy JUSTIc± ANd TH± ºllOcATION Of ¶±AlTH ´±SOURc±S Rebecca L. Walker and Larry R. Churchill
ÁEaLTH-RELaTED REsOURcEs aRE aLLOcaTED IN a VasT aRRay Of DIffERENT ways aND by ¸ULTIpLE agENTs. A¸ONg THE ¸aNy aLLOcaTINg agENTs aRE INDIVIDUaL cLINIcIaNs, INsTITUTIONs sUcH as HOspITaLs, INsURERs, aND cO¸¸UNITIEs, as wELL as LEgaL aND gOVERN¸ENT bODIEs. °E LEVELs Of aLLOcaTION aLsO RaNgE fRO¸ ¸IcRO TO ¸acRO. FOR Exa¸pLE, REsOURcEs caN bE aLLOcaTED bETwEEN aND a¸ONg INDIVIDUaL paTIENTs, gROUps Of paTIENTs, aND cO¸¸UNITIEs, aND by UsINg cRITERIa sUcH as INsURaNcE TypE, REsIDENcy, aND INsTITUTIONaL affiLIaTION, a¸ONg ¸aNy OTHERs. ÁEaLTH-RELaTED REsOURcEs aRE ¸UcH bROaDER THaN ¸EDIcaL INTERVENTIONs, DRUgs, aND DEVIcEs. ±THER, pERHaps ¸ORE sIgNIficaNT, REsOURcEs INcLUDE
health care access (INcLUDINg aDEqUaTE INsURaNcE aND aVaILabLE aND aTTENTIVE pROVIDERs), public health resources (INcLUDINg cLEaN waTER, I¸¸UNIzaTIONs, aND HEaLTH bEHaVIOR pROgRa¸s), aND THE social determinants THaT HELp sHapE HEaLTH OUTcO¸Es (INcLUDINg wEaLTH, EDUcaTION, aND sOcIaL sTaTUs). ÁOw wE aLLOcaTE HEaLTH-RELaTED REsOURcEs Has ¸UcH TO DO wITH THE TypE Of REsOURcE, THE agENTs DOINg THE aLLOcaTION, aND THE LEVEL aT wHIcH THE REsOURcE Is bEINg DIsTRIbUTED. FOR Exa¸pLE, aLLOcaTION Of sOLID ORgaNs fRO¸ DEcEasED DONORs Is ¸aNagED wITHIN THE ·NITED STaTEs by a sINgLE bODy—THE ·NITED µETwORk fOR ±RgaN SHaRINg—a pRIVaTE NETwORk THaT THE fEDERaL gOVERN¸ENT Has cONTRacTED wITH sINcE 1986 TO RUN THE NaTION’s ±RgaN PROcURE¸ENT aND ¹RaNspLaNTaTION µETwORk. °E NETwORk UsEs ¸ULTIpLE cRITERIa fOR DIffERENT ORgaN sysTE¸s TO aLLOcaTE, by REgION, a¸ONg INDIVIDUaLs ON a NaTIONaL waIT LIsT. ALLOcaTION Of HEaLTH INsURaNcE, ON THE OTHER HaND, DEpENDs ON ¸ULTIpLE facTORs INcLUDINg INDIVIDUaL abILITy TO pay, gOVERN¸ENT aLLOcaTION Of fUNDs aND pOLIcIEs DETER¸ININg ENROLL¸ENT (fOR Exa¸pLE, fOR MEDIcaID), jOb sTaTUs (fOR INsURaNcE THROUgH E¸pLOyERs), aND I¸¸IgRaTION sTaTUs. µO ¸aTTER THE LEVEL aT wHIcH HEaLTH-RELaTED REsOURcEs aRE aLLOcaTED, HOwEVER, ETHIcaL cONsIDERaTIONs Of jUsTIcE cO¸E INTO pLay. ²aRgER-scaLE pHILOsOpHIcaL THEORIEs REgaRDINg distributive justice HaVE INcLUDED egalitarian
THEORIEs, wHIcH TRack THE ¸ORaL EqUaLITy Of pERsONs by aI¸INg fOR sO¸E
312
kIND Of EqUaLITy IN THE DIsTRIbUTION Of sOcIaL gOODs; utilitarian THEORIEs, wHIcH aI¸ TO ¸axI¸IzE THE cOLLEcTIVE wELfaRE OUTcO¸Es fOR aLL THOsE
l l i h c r u h C . R y r r a L d n a r e k l a W . L a c c e b e R
affEcTED by a paRTIcULaR aLLOcaTION; aND libertarian THEORIEs, wHIcH E¸pHasIzE fREEDO¸ by ENVIsIONINg THaT whatever DIsTRIbUTION aRIsEs fRO¸ THE fREE ExcHaNgE Of gOODs aND sERVIcEs bETwEEN pOLITIcaLLy EqUaL INDIVIDUaLs Is jUsT. SUcH bROaD-scaLE THEORIEs, HOwEVER, ¸UsT bE INTERpRETED THROUgH THE LENs Of paRTIcULaR aLLOcaTION pRINcIpLEs aND ¸ETHODs THaT fURTHER THE UNDERLyINg VaLUEs THaT THE THEORIEs pRO¸OTE. BELOw wE LIsT a NU¸bER Of pRINcIpLEs aND ¸ETHODs Of aLLOcaTION THaT HaVE bEEN pROpOsED as RELEVaNT TO THE aLLOcaTION Of HEaLTH REsOURcEs. ºT Is I¸pORTaNT TO NOTE THaT ¸OsT REaL-wORLD aLLOcaTION ¸ETHODs appEaL TO OR INcLUDE ¸ULTIpLE aLLOcaTION pRINcIpLEs.
willingness to pay â AccORDINg TO THIs ¸ETHOD, pEOpLE’s wILLINgNEss TO pay fOR HEaLTH REsOURcEs (OR HEaLTH INsURaNcE) ¸IRRORs THE VaLUE THEy pLacE ON THEsE REsOURcEs as OppOsED TO OTHER gOODs THEy aLsO VaLUE. ¶IsTRIbUTINg accORDINg TO wILLINgNEss TO pay by UsINg ¸aRkETs THUs aLLOws ¸axI¸U¸ fREEDO¸ Of cHOIcE bETwEEN DIffERENT kINDs Of gOODs. °Is ¸ETHOD Is IN kEEpINg wITH pHILOsOpHIcaL LIbERTaRIaN THEORIEs Of DIsTRIbUTIVE jUsTIcE THaT pLacE a pRE¸IU¸ ON bOTH INDIVIDUaL fREEDO¸ Of cHOIcE aND REspONsIbILITy fOR cHOIcEs. ºT DOEs NOT aTTEND TO sOcIaL DETER¸INaNTs Of cHOIcEs OR TO EqUaLITy Of OUTcO¸Es.
merit justice â Is “backwaRD LOOkINg” IN THaT IT cONsIDERs a pERsON’s pasT acTIONs IN DEcIDINg HOw TO aLLOcaTE HEaLTH REsOURcEs. WITH REspEcT TO HEaLTH caRE, THIs pRINcIpLE TakEs INTO accOUNT THE ROLE Of INDIVIDUaL REspONsIbILITy fOR HEaLTH OUTcO¸Es. °OsE wHO appEaR TO bE THE ¸OsT bLa¸ELEss wITH REgaRD TO THEIR HEaLTH caRE NEEDs REcEIVE REsOURcEs aND sERVIcEs fiRsT aND/OR THOsE sEEN as NEgLIgENTLy REspONsIbLE fOR THEIR HEaLTH ¸IgHT REcEIVE LEssER pRIORITy. MERIT jUsTIcE ¸IgHT aLsO TakE a bROaDER VIEw Of INDIVIDUaL “¸ERIT” aND aLLOcaTE fEwER REsOURcEs TO THOsE pERsONs wHO HaVE cO¸¸ITTED cRI¸Es OR HaVE OTHERwIsE “EaRNED” LEss sUppORT fRO¸ sOcIETy. °Is pRINcIpLE ¸ay bE IN kEEpINg wITH a LIbERTaRIaN THEORy Of DIsTRIbUTIVE jUsTIcE IN sO faR as IT E¸pHasIzEs pERsONaL cHOIcE aND REspONsIbILITy.
justice as social worth â Is “fORwaRD LOOkINg” bEcaUsE IT TakEs INTO cONsIDERaTION fUTURE sOcIETaL cONTRIbUTIONs wHEN aLLOcaTINg HEaLTH caRE. °Is
Is NOT ¸ERELy pREfERENcE fOR THOsE wITH gREaTER sOcIaL sTaTUs (sUcH as THE pREsIDENT OR fa¸OUs pEOpLE), bUT RaTHER pRO¸OTEs THOsE wHO cONTRIbUTE IN VaRI-
313
jObs sUppORTINg sOcIaL INfRasTRUcTURE, THOsE wHOsE IDEas ¸ay LEaD TO gREaT fUTURE HEaLTH caRE bREakTHROUgHs, OR EVEN THOsE wHO caN ENTERTaIN OTHERs). ºN gENERaL, ¸ORE EffORT Is ExpENDED ON THOsE wHO caN REcOVER aND bE pRODUcTIVE. A UTILITaRIaN THEORy Of DIsTRIbUTIVE jUsTIcE, accORDINg TO wHIcH wE aLLOcaTE sO as TO acHIEVE THE gREaTEsT HappINEss fOR THE gREaTEsT NU¸bER, wILL TakE sUcH cONsIDERaTIONs INTO accOUNT (as LONg as TakINg sUcH cONsIDERaTIONs INTO accOUNT DOEsN’T ITsELf UNDULy UNDER¸INE UTILITy).
cost- b enefit analysis (cba) â Is cLOsELy RELaTED TO sOcIaL wORTH cONsIDERaTIONs bUT fOcUsEs ON sOcIaL cONTRIbUTIONs IN DOLLaR a¸OUNTs aND fUTURE fiNaNcIaL DRaIN as wELL as ON cOsTs Of THE HEaLTH INTERVENTIONs. °E aI¸ Is TO aLLOcaTE HEaLTH REsOURcEs IN ways THaT gIVE THE ¸OsT OVERaLL fiNaNcIaL gaIN aND THE LEasT OVERaLL fiNaNcIaL ExpENDITURE fOR THE gREaTEsT HEaLTH bENEfiT. °Is ¸ETHOD TakEs INTO accOUNT sUcH NONHEaLTH OUTcO¸Es as abILITy TO RETURN TO wORk aND THE OVERaLL cOsT Of a pERsON’s cONTINUED ILL HEaLTH ON sOcIaL REsOURcEs. »½¾ Is cO¸paTIbLE wITH a LI¸ITED-scOpE UTILITaRIaN aNaLysIs (E.g., ONE fOcUsED NOT ON bROaDER wELfaRE, bUT ON sOcIaL cONTRIbUTION as ¸EasURED EcONO¸IcaLLy).
cost- e ffectiveness analysis (cea) â Is cLOsELy RELaTED TO cOsT- bENEfiT aNaLysIs, bUT DOEs NOT TakE INTO accOUNT NONHEaLTH OUTcO¸Es OR fUTURE cOsTs. »e¾ aI¸s TO acHIEVE THE ¸OsT HEaLTHy LIfE yEaRs OVERaLL fOR THE pOpULaTION sERVED aT THE LEasT fiNaNcIaL cOsT fOR THE INTERVENTION aT IssUE. °Is ¸ETHOD Is OſtEN sEEN as syNONy¸OUs wITH cHOOsINg THE ¸OsT “EfficIENT” HEaLTH REsOURcE DIsTRIbUTION. ²IkE »½¾, »e¾ Is cO¸paTIbLE wITH a LI¸ITED- scOpE UTILITaRIaN aNaLysIs (fOcUsED ON HEaLTH-RELaTED qUaLITy Of LIfE ¸EasUREs).
resource egalitarianism â aI¸s TO gIVE EacH pERsON aN EqUaL sHaRE Of sOcIaL REsOURcEs. SOcIaL REsOURcEs aRE THOsE REsOURcEs THaT EVERyONE Has sO¸E cLaI¸ ON bEcaUsE THEy aRE gaINED THROUgH sOcIaL cOOpERaTION. FOR Exa¸pLE, THOsE REsOURcEs THaT THE gOVERN¸ENT LEgITI¸aTELy gaINs THROUgH TaxaTION ¸ay bE caLLED “sOcIaL REsOURcEs.” WITH REspEcT TO HEaLTH caRE, THIs TypE Of THEORy ¸IgHT sUppORT EqUaL HEaLTH INsURaNcE fOR aLL. ±THER HEaLTH-RELaTED
n o i t a c o l l A d n a e c i t s u J : y r a s s o l G
OUs ways TO OTHER pEOpLE IN sOcIETy (THOsE caRINg fOR DEpENDENTs, THOsE wITH
EgaLITaRIaN pRINcIpLEs, IN aDDITION TO THOsE LIsTED bELOw, sTRIVE fOR EqUaLITy IN
314
HEaLTH OUTcO¸Es OR IN HEaLTH saTIsfacTION.
l l i h c r u h C . R y r r a L d n a r e k l a W . L a c c e b e R
capacity egalitarianism â aI¸s fOR aLL TO HaVE EqUaL capacITIEs TO cHOOsE bETwEEN VaRIOUs VIsIONs Of “THE gOOD LIfE.” ±N THIs THEORy, DIsTRIbUTINg REsOURcEs EqUaLLy Is NOT REaLLy EqUITabLE sINcE pEOpLE HaVE DIffERENT VIEws Of wHaT THEy waNT TO DO aND wHO THEy waNT TO bE, aND aLsO sTaRT Off wITH VERy DIffERENT capacITIEs. WHaT wE REaLLy waNT Is TO DIsTRIbUTE EqUaLLy THE capacity OR freedom TO acHIEVE THOsE ENDs.
prioritarian princi p le â AccORDINg TO THIs pRINcIpLE, wE sHOULD DIsTRIbUTE REsOURcEs IN a way THaT ¸axI¸IzEs THE pOsITION Of THE LEasT wELL-Off pERsON. WITH REspEcT TO HEaLTH REsOURcEs, THIs wILL ¸EaN THaT wE HaVE TO assIsT THE most ill first. ºN aN E¸ERgENcy sITUaTION, fOR Exa¸pLE, THIs pRINcIpLE pRIORITIzEs REscUE fOR THOsE NEaREsT TO DEaTH. ºN a DIffERENT cONTExT, LIkE pROVIDINg INsURaNcE, THIs pRINcIpLE wOULD pRIORITIzE INsURINg THOsE ¸OsT IN NEED Of HEaLTH caRE aND wITH THE LEasT abILITy TO sELf-pay. °Is pRINcIpLE Is OſtEN sEEN as fOLLOwINg fRO¸ aN EgaLITaRIaN THEORy Of jUsTIcE.
princi p le of restorative justice â ·sINg THIs pRINcIpLE, REsOURcEs aRE pRIORITIzED fOR THOsE wHOsE ¸aLaDIEs aRE caUsED OR ExacERbaTED by pREVIOUs sOcIaL OR EcONO¸Ic INjUsTIcEs. FOR Exa¸pLE, THE cURRENT cONcENTRaTION Of sO¸E RacIaL OR ETHNIc ¸INORITy pOpULaTIONs IN NEIgHbORHOODs wITH HIgH RaTEs Of ENVIRON¸ENTaL HazaRDs (LEaDINg TO HIgHER RaTEs Of cHILDHOOD asTH¸a, LEaD pOIsONINg, aND OTHER ILLNEss) ¸ay bE LINkED TO pasT sOcIaL aND EcONO¸Ic INjUsTIcEs, INcLUDINg DIscRI¸INaTORy LENDINg pOLIcIEs. ³EsTORaTIVE jUsTIcE Is cO¸paTIbLE wITH bOTH EgaLITaRIaN aND LIbERTaRIaN THEORIEs. MOsT cLEaRLy, REsTORaTIVE jUsTIcE Is cO¸paTIbLE wITH EgaLITaRIaN THEORIEs THaT aRE INTEREsTED IN REcTIfyINg pERsIsTENT INEqUaLITIEs. ÁOwEVER, bEcaUsE LIbERTaRIaN THEORIEs TakE pOLITIcaL EqUaLITy as a NOR¸aTIVE sTaRTINg pLacE, THOsE INDIVIDUaLs wHO aRE NOT pOLITIcaLLy EqUaLLy sITUaTED bEcaUsE Of pasT INjUsTIcE sHOULD bE cO¸pENsaTED.
honor long- s tanding obligations â ÁERE a ¸ORaL cRITERION fOR DIsTRIbUTINg REsOURcEs Is LOyaLTy TO THOsE wHO HaVE bEEN pREVIOUsLy TREaTED,
OR TO wHO¸ fiDELITy Is OwED bEcaUsE Of pRIOR ObLIgaTIONs—sUcH as THE ELDERLy aND pERsONs aLREaDy DEpENDENT ON ExIsTINg pROgRa¸s, sERVIcEs, aND TEcH-
315
wITH, THOUgH IT sEE¸s TO pLay a ROLE IN ¸EDIcaL ETHIcs NOR¸s by appEaLINg TO ¸ORaL pRINcIpLEs LIkE fiDELITy aND THE DUTy NOT TO abaNDON paTIENTs.
draw the winners from a hat â °Is LOTTERy appROacH ¸IgHT bE UsED wHEN aLL sERVIcEs OR REcIpIENTs aRE THOUgHT TO bE EqUaLLy ¸ERITORIOUs, OR wHEN THEIR RELaTIVE wORTH caNNOT bE (OR sHOULD NOT bE) jUDgED. PROpONENTs Of a LOTTERy ¸ETHOD say IT gIVEs EVERyONE aN EqUaL cHaNcE. ±ppONENTs caLL IT ga¸bLINg aND cONsIDER IT a cHOIcE by DEfaULT. °Is ¸ETHOD cOULD bE appEaLINg TO DIffERENT THEORIEs Of jUsTIcE UNDER THE RIgHT cIRcU¸sTaNcEs. FOR Exa¸pLE, aN EgaLITaRIaN THEORy cOULD sUppORT THIs aLLOcaTION ¸ETHOD If aLL paRTIcIpaNTs TRULy aRE OTHERwIsE EqUaL. A UTILITaRIaN THEORy cOULD sUppORT THE ¸ETHOD If INTRODUcTION Of RaNDO¸NEss IN THE DIsTRIbUTIVE ¸EcHaNIs¸ ¸akEs pEOpLE HappIER OVERaLL wITH THE aLLOcaTION.
n o i t a c o l l A d n a e c i t s u J : y r a s s o l G
NOLOgIEs. ºT Is NOT cLEaR wHIcH THEORIEs Of jUsTIcE THIs pRINcIpLE Is cO¸paTIbLE
DeAd MAn WAlk±ng Michael Stillman and Monalisa Tailor
“SHOckED” wOULDN’T bE accURaTE, sINcE wE wERE accUsTO¸ED TO OUR UNINsURED paTIENTs REcEIVINg INaDEqUaTE ¸EDIcaL caRE. “SaDDENED” wasN’T RIgHT, EITHER, ONLy pEckINg aT THE EDgE Of OUR REspONsE. AND “DIsHEaRTENED” jUsT s¸ackED Of VIcTI¸HOOD. AſtER HEaRINg THIs sTORy, wE wERE NEITHER sHOckED NOR saDDENED NOR DIsHEaRTENED. WE wERE sI¸pLy appaLLED. WE ¸ET ¹O¸¸y ¶aVIs IN OUR HOspITaL’s cLINIc fOR INDIgENT pERsONs IN MaRcH 2013 (THE Na¸E aND DaTE HaVE bEEN cHaNgED TO pROTEcT THE paTIENT’s pRIVacy). ÁE aND HIs wIfE HaD bEEN cHRONIcaLLy UNINsURED DEspITE wORkINg fULL-TI¸E jObs aND wERE NOw facINg DIsasTROUs cONsEqUENcEs. °E wEEk bEfORE THIs appOINT¸ENT, MR. ¶aVIs HaD cO¸E TO OUR E¸ERgENcy DEpaRT¸ENT wITH abDO¸INaL paIN aND ObsTIpaTION. ÁIs Exa¸INaTION, LabORaTORy TEsTs, aND »t scaN HaD cOsT HI¸ $10,000 (HIs ENTIRE LIfE saVINgs), aND aT EVENINg’s END HE’D bEEN sENT HO¸E wITH a DIagNOsIs Of ¸ETasTaTIc cOLON caNcER. °E yEaR bEfORE, HE’D HaD sI¸ILaR sy¸pTO¸s aND VIsITED a pRI¸aRy caRE pHysIcIaN, wHO HaD TakEN a cURsORy HIsTORy, TOLD MR. ¶aVIs HE’D NEED INsURaNcE TO bE aDEqUaTELy EVaLUaTED, aND bILLED HI¸ $200 fOR THE appOINT¸ENT. SINcE MR. ¶aVIs was pOOR aND INELIgIbLE fOR KENTUcky MEDIcaID, HOwEVER, HE’D sI¸pLy UsED ENE¸as UNTIL HE was UNabLE TO DEfEcaTE. By THE TI¸E Of HIs E¸ERgENcy DEpaRT¸ENT EVaLUaTION, HE HaD a fULLy ObsTRUcTED cOLON aND wIDEspREaD DIsEasE aND cHOsE TO fORgO TREaT¸ENT. MR. ¶aVIs HaD HaD aN INkLINg THaT sO¸ETHINg was awRy, bUT HE’D bEEN UNabLE TO pay fOR aN EVaLUaTION. As HIs wIfE sObbED NExT TO HI¸ IN OUR Exa¸INaTION ROO¸, HE REcOUNTED HIs ¸ONTHs Of wEIgHT LOss, THE UNbEaRabLE paIN Of HIs bOwEL ¸OVE¸ENTs, aND HIs gNawINg sUspIcION THaT HE HaD caNcER. “ºf wE’D fOUND IT sOONER,” HE cONTENDED, “IT wOULD HaVE ¸aDE a DIffERENcE. BUT NOw º’¸ jUsT a DEaD ¸aN waLkINg.”
MIcHaEL STILL¸aN aND MONaLIsa ¹aILOR, “¶EaD MaN WaLkINg,” fRO¸ New England Journal of Med-
icine 369 (2013): 1880–1881. © 2013 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
FOR ¸aNy Of OUR paTIENTs, pOVERTy aLONE LI¸ITs accEss TO caRE. WE REcENTLy saw a ¸aN wITH ¾id¼ aND a fULL-bODy RasH wHO cOULDN’T affORD bUs faRE TO a
317
bEcaUsE THEy aRE UNabLE TO cOVER EVEN a $4 cOpay¸ENT. BUT a faIR NU¸bER Of OUR paTIENTs—THE ¸EDIcaL “HaVE-NOTs”—aRE DENIED basIc sERVIcEs sI¸pLy bEcaUsE THEy Lack INsURaNcE, aND OUR cOUNTRy’s REspONsE TO THIs pRObLE¸ Has, aT TI¸Es, sEE¸ED TOOTHLEss. ºN OUR cLINIc, UNINsURED paTIENTs fREqUENTLy fiND NEcEssaRy caRE UNObTaINabLE. AN ObEsE 60-yEaR-OLD wO¸aN wITH sy¸pTO¸s aND sIgNs Of cONgEsTIVE HEaRT faILURE was REcENTLy EVaLUaTED IN THE cLINIc. SHE cOULDN’T affORD THE EcHOcaRDIOgRa¸ aND EVaLUaTION fOR IscHE¸Ic HEaRT DIsEasE THaT ¸OsT INTERNIsTs wOULD HaVE ORDERED, sO fUROsE¸IDE TREaT¸ENT was INITIaTED aND aDjUsTED TO RELIEVE HER sy¸pTO¸s. °Is pasT spRINg, OUR cOLLEagUEs saw a wO¸aN wITH a NEwLy DIscOVERED LUNg NODULE THaT was HIgHLy sUspIcIOUs fOR caNcER. SHE was REfERRED TO a THORacIc sURgEON, bUT HE INsIsTED THaT sHE fiRsT HaVE a ¿et scaN—a TEsT fOR wHIcH sHE cOULDN’T pOssIbLy pay. ÁOwEVER UNcONscIONabLE wE ¸ay fiND THE sTORy Of MR. ¶aVIs, a ·.S. cITIzEN wHO wILL DIE bEcaUsE HE was UNINsURED, THE LITERaTURE sUggEsTs THaT IT’s a cO¸¸ON TaLE. A 2009 sTUDy REVEaLED a DIREcT cORRELaTION bETwEEN Lack Of INsURaNcE aND INcREasED ¸ORTaLITy aND sUggEsTED THaT NEaRLy 45,000 A¸ERIcaN aDULTs DIE EacH yEaR bEcaUsE THEy HaVE NO ¸EDIcaL cOVERagE.à AND aLTHOUgH wE caN’T cONfiDENTLy aRgUE THaT MR. ¶aVIs wOULD HaVE sURVIVED HaD HE bEEN INsURED, REsEaRcH sUggEsTs THaT pOssIbILITy; fOR¸ERLy UNINsURED aDULTs gIVEN accEss TO ±REgON MEDIcaID wERE ¸ORE LIkELy THaN THOsE wHO RE¸aINED UNINsURED TO HaVE a UsUaL pLacE Of caRE aND a pERsONaL pHysIcIaN, TO aTTEND OUTpaTIENT ¸EDIcaL VIsITs, aND TO REcEIVE REcO¸¸ENDED pREVENTIVE caRE.Ä ÁaD MR. ¶aVIs bEEN INsURED, HE ¸IgHT wELL HaVE bEEN OffERED TI¸ELy aND appROpRIaTE scREENINg fOR cOLOREcTaL caNcER, aND HIs abDO¸INaL paIN aND ObsTIpaTION wOULD sURELy HaVE bEEN URgENTLy EVaLUaTED. ´LEcTED OfficIaLs bEaR a gREaT DEaL Of bLa¸E fOR THE appaLLINg VULNERabILITy Of THE 22 pERcENT Of A¸ERIcaN aDULTs wHO cURRENTLy Lack INsURaNcE. °E AffORDabLE CaRE AcT (¾»¾)—THE ONLy LEgITI¸aTE LEgIsLaTIVE aTTE¸pT TO pROVIDE NEaR- UNIVERsaL HEaLTH cOVERagE—RE¸aINs UNDER aTTack fRO¸ sO¸E ¸E¸bERs Of CONgREss, aND OUR OwN TwO sENaTORs aRgUE THaT ENHaNcINg ¸aRkETpLacE cO¸pETITION aND ENacTINg TORT REfOR¸ wILL pROVIDE sEcURITy ENOUgH fOR OUR NaTION’s pOOR. ºN DIscUssINg (aND gRIEVINg OVER) wHaT Has HappENED TO MR. ¶aVIs aND OUR ¸aNy cLINIc paTIENTs wHOsE HEaLTH sUffERs fOR Lack Of INsURaNcE, wE HaVE cONsIDERED OUR OwN ObLIgaTIONs. As sO¸E cONgREsspEOpLE aTTE¸pT TO DEfUND
gniklaW n a M d a e D
DER¸aTOLOgy appOINT¸ENT. WE sO¸ETI¸Es pay fOR OUR paTIENTs’ ¸EDIcaTIONs
±ba¸acaRE, aND as sO¸E sTaTEs’ gOVERNORs aND aTTORNEys gENERaL DELIbERaTE
318
OVER wHETHER TO I¸pLE¸ENT HEaLTH INsURaNcE ExcHaNgEs aND ExpaND MEDIcaID ELIgIbILITy, HOw caN wE as pHysIcIaNs ENsURE THaT THE NEEDs Of paTIENTs LIkE
r o l i a T a s i l a n o M d n a n a m l l i t S l e a h c i M
MR. ¶aVIs aRE ¸ET? FIRsT, wE caN HONOR OUR fUNDa¸ENTaL pROfEssIONaL DUTy TO HELp. SO¸E HaVE aRgUED THaT THE ONUs fOR pROVIDINg accEss TO HEaLTH caRE REsTs ON sOcIETy aT LaRgE RaTHER THaN ON INDIVIDUaL pHysIcIaNs,Æ yET THE ÁIppOcRaTIc ±aTH cO¸pELs Us TO TREaT THE sIck accORDINg TO OUR abILITy aND jUDg¸ENT aND TO kEEp THE¸ fRO¸ HaR¸ aND INjUsTIcE. ´VEN as wE cONTINUE TO HOpE fOR aND wORk TOwaRD a fUTURE IN wHIcH aLL A¸ERIcaNs HaVE HEaLTH INsURaNcE, wE bELIEVE IT’s OUR INDIVIDUaL pROfEssIONaL REspONsIbILITy TO TREaT pEOpLE IN NEED. SEcOND, wE caN fa¸ILIaRIzE OURsELVEs wITH LEgIsLaTIVE DETaILs aND EDUcaTE OUR paTIENTs abOUT pROpOsED HEaLTH caRE REfOR¸s. ¶URINg OUR appOINT¸ENT wITH MR. ¶aVIs, HE wORRIED aLOUD THaT UNDER THE ¾»¾, “THE gOVERN¸ENT wOULD Tax HI¸ fOR NOT HaVINg INsURaNcE.” ÁE was UNawaRE (as ¸aNy Of OUR pOOR aND UNINsURED paTIENTs ¸ay bE) THaT UNDER THaT Law’s fiNaL RULE, HE aND HIs fa¸ILy wOULD ¸EET THE ELIgIbILITy cRITERIa fOR MEDIcaID aND HENcE HaVE accEss TO cO¸pREHENsIVE aND affORDabLE caRE. FINaLLy, wE caN pREssURE OUR pROfEssIONaL ORgaNIzaTIONs TO DE¸aND HEaLTH caRE fOR aLL. °E A¸ERIcaN COLLEgE Of PHysIcIaNs, THE A¸ERIcaN MEDIcaL AssOcIaTION, aND THE SOcIETy Of GENERaL ºNTERNaL MEDIcINE HaVE ENDORsED THE pRINcIpLE Of UNIVERsaL HEaLTH caRE cOVERagE yET HaVE gENERaLLy RE¸aINED sILENT DURINg yEaRs Of pOLITIcaL DEbaTE. ²ack Of INsURaNcE caN bE LETHaL, aND wE bELIEVE OUR pROfEssIONaL cO¸¸UNITy sHOULD TREaT INaccEssIbLE cOVERagE as a pUbLIc HEaLTH caTasTROpHE aND sTaND bEHIND pEOpLE wHO aRE aT RIsk. SEVENTy pERcENT Of OUR cLINIc paTIENTs HaVE NO HEaLTH INsURaNcE, aND THEy aRE aLL fRIgHTENINgLy VULNERabLE; THEIR caRE Is ERRaTIc, THEy aRE DIsqUaLIfiED fRO¸ REcEIVINg cERTaIN pREVENTIVE aND scREENINg ¸EasUREs, aND THEIR Lack Of REsOURcEs pREVENTs THE¸ fRO¸ paRTIcIpaTINg IN THE ¸EDIcaL sysTE¸. AND THIs Is NOT a cO¸¸UNITy- OR sTaTE-spEcIfic pRObLE¸. A REcENT sTUDy sHOwED THaT UNDERINsURED paTIENTs HaVE HIgHER ¸ORTaLITy RaTEs aſtER ¸yOcaRDIaL INfaRcTION,Î aND IT Is wELL DOcU¸ENTED THaT OUR cOUNTRy’s UNINsURED pREsENT wITH LaTER-sTagE caNcERs aND ¸ORE pOORLy cONTROLLED cHRONIc DIsEasEs THaN DO paTIENTs wITH INsURaNcE.Ï WE fiND IT TERRIbLy aND TRagIcaLLy INHU¸aNE THaT MR. ¶aVIs aND TENs Of THOUsaNDs Of OTHER cITIzENs Of THIs wEaLTHy cOUNTRy wILL DIE THIs yEaR fOR Lack Of INsURaNcE.
1 WILpER AP, WOOLHaNDLER S, ²assER K´, McCOR¸Ick ¶, BOR ¶Á, ÁI¸¸ELsTEIN ¶·. ÁEaLTH INsURaNcE aND ¸ORTaLITy IN ·S aDULTs. Am J Public Health. 2009;99:2289–2295. 2 FINkELsTEIN A, ¹aUb¸aN S, WRIgHT B, ET aL. °E ±REgON HEaLTH INsURaNcE ExpERI¸ENT: EVIDENcE fRO¸ THE fiRsT yEaR. Q J Econ . 2012;127:1057–1106. 3 ÁUDDLE ¹S, CENTOR ³M. ³ETaINER ¸EDIcINE: aN ETHIcaLLy LEgITI¸aTE fOR¸ Of pRacTIcE THaT caN I¸pROVE pRI¸aRy caRE. Ann Intern Med. 2011;155:633–635. 4 µg ¶K, BROT¸aN ¶J, ²aU B, YOUNg JÁ. ºNsURaNcE sTaTUs, NOT RacE, Is assOcIaTED wITH ¸ORTaLITy aſtER aN acUTE caRDIOVascULaR EVENT IN MaRyLaND. J Gen Intern Med. 2012;27:1368–1376. 5 ºNsTITUTE Of MEDIcINE. America’s Uninsured Crisis: Consequences for Health and
Health Care. WasHINgTON, ¶C: µaTIONaL AcaDE¸IEs PREss; FEbRUaRy 23, 2009. HTTp:// www.NaTIONaLacaDE¸IEs .ORg / H¸D / ³EpORTs / 2009 / A¸ERIcas -·NINsURED - CRIsIs -CONsEqUENcEs-fOR-ÁEaLTH-aND-ÁEaLTH-CaRE.aspx.
319
gniklaW n a M d a e D
notes
Full D±sclosuRe ÀUT-Of-³OcK±T COSTS AS ¿Id± Eff±cTS Peter A. Ubel, Amy P. Abernethy, and S. Yousuf Zafar
FEw pHysIcIaNs wOULD pREscRIbE TREaT¸ENTs TO THEIR paTIENTs wITHOUT fiRsT DIscUssINg I¸pORTaNT sIDE EffEcTs. WHEN a cHE¸OTHERapy REgI¸EN pROLONgs sURVIVaL, fOR Exa¸pLE, bUT aLsO caUsEs sERIOUs sIDE EffEcTs sUcH as I¸¸UNOsUppREssION OR HaIR LOss, pHysIcIaNs aRE TypIcaLLy THOROUgH abOUT INfOR¸INg paTIENTs abOUT THOsE EffEcTs, aLLOwINg THE¸ TO DEcIDE wHETHER THE bENEfiTs OUTwEIgH THE RIsks. µEVERTHELEss, ¸aNy paTIENTs IN THE ·NITED STaTEs ExpERIENcE sUbsTaNTIaL HaR¸ fRO¸ ¸EDIcaL INTERVENTIONs wHOsE RIsks HaVE NOT bEEN fULLy DIscUssED. °E UNDIscLOsED TOxIcITy? ÁIgH cOsT, wHIcH caN caUsE cONsIDERabLE fiNaNcIaL sTRaIN. SINcE HEaLTH caRE pROVIDERs DON’T OſtEN DIscUss pOTENTIaL cOsTs bEfORE ORDERINg DIagNOsTIc TEsTs OR ¸akINg TREaT¸ENT DEcIsIONs, paTIENTs ¸ay UNkNOwINgLy facE DaUNTINg aND pOTENTIaLLy aVOIDabLE HEaLTH caRE bILLs. BEcaUsE TREaT¸ENTs caN bE “fiNaNcIaLLy TOxIc,” à I¸pOsINg OUT-Of-pOckET cOsTs THaT ¸ay I¸paIR paTIENTs’ wELL-bEINg, wE cONTEND THaT pHysIcIaNs NEED TO DIscLOsE THE fiNaNcIaL cONsEqUENcEs Of TREaT¸ENT aLTERNaTIVEs jUsT as THEy INfOR¸ paTIENTs abOUT TREaT¸ENTs’ sIDE EffEcTs. ÁEaLTH caRE cOsTs HaVE RIsEN fasTER THaN THE CONsU¸ER PRIcE ºNDEx fOR ¸OsT Of THE pasT 40 yEaRs. °Is gROwTH IN ExpENDITUREs Has INcREasINgLy pLacED a DIREcT bURDEN ON paTIENTs, EITHER bEcaUsE THEy aRE UNINsURED aND ¸UsT pay OUT Of pOckET fOR aLL THEIR caRE OR bEcaUsE INsURaNcE pLaNs sHIſt a pORTION Of THE cOsTs back TO paTIENTs THROUgH DEDUcTIbLEs, cOpay¸ENTs, aND cOINsURaNcE. °E cURRENT REaLITy Is THaT IT Is VERy DIfficULT, aND OſtEN I¸pOssIbLE, fOR THE cLINIcIaN TO kNOw THE acTUaL OUT-Of-pOckET cOsTs fOR EacH paTIENT, sINcE cOsTs VaRy by INTERVENTION, INsURER, LOcaTION Of caRE, cHOIcE Of pHaR¸acy OR RaDIOLOgy sERVIcE, aND sO ON; NONETHELEss,
PETER A. ·bEL, A¸y P. AbERNETHy, aND S. YOUsUf ZafaR, “FULL ¶IscLOsURE—±UT-Of-POckET COsTs as SIDE ´ffEcTs,” fRO¸ New England Journal of Medicine 369 (2013): 1484–1486. © 2013 by MassacHUsETTs MEDIcaL SOcIETy. ³EpRINTED by pER¸IssION Of MassacHUsETTs MEDIcaL SOcIETy.
sO¸E gENERaL INfOR¸aTION Is kNOwN, aND sOLUTIONs THaT pROVIDE paTIENT-LEVEL DETaILs aRE IN DEVELOp¸ENT.
321
°E aDDITION Of bEVacIzU¸ab TO cHE¸OTHERapy ExTENDs LIfE by aN aVERagE Of appROxI¸aTELy 5 ¸ONTHs OVER cHE¸OTHERapy aLONE. °E DRUg Is faIRLy wELL TOLERaTED, bUT a¸ONg OTHER RIsks, paTIENTs REcEIVINg bEVacIzU¸ab HaVE a 2 pERcENT INcREasE IN THE RIsk Of sEVERE caRDIOVascULaR TOxIc EffEcTs. ±VER THE cOURsE Of a ¸EDIaN Of 10 ¸ONTHs Of THERapy, bEVacIzU¸ab cOsTs $44,000.Ã A paTIENT wITH MEDIcaRE cOVERagE aLONE wOULD bE REspONsIbLE fOR payINg 20 pERcENT Of THaT cOsT, OR $8,800, OUT Of pOckET, aND THaT pRIcE Tag DOEsN’T INcLUDE pay¸ENTs fOR OTHER cHE¸OTHERapy, DOcTOR’s fEEs, sUppORTIVE ¸EDIcaTIONs, OR DIagNOsTIc TEsTs. MOsT pHysIcIaNs INsIsT ON DIscUssINg THE 2 pERcENT RIsk Of aDVERsE caRDIOVascULaR EffEcTs assOcIaTED wITH bEVacIzU¸ab, bUT fEw wOULD ¸ENTION THE DRUg’s pOTENTIaL fiNaNcIaL TOxIcITy. °Is Exa¸pLE Is NOT IsOLaTED, aND THE cONsEqUENcEs fOR paTIENTs aRE gRI¸. °E pRObLE¸ Is pERHaps sTaRkEsT IN caNcER caRE, bUT IT appLIEs TO aLL cO¸pLEx ILLNEss. °E CENTER fOR A¸ERIcaN PROgREss Has EsTI¸aTED THaT IN MassacHUsETTs, OUT-Of-pOckET cOsTs fOR bREasT-caNcER TREaT¸ENT aRE as HIgH as $55,250 fOR wO¸EN wITH HIgH-DEDUcTIbLE INsURaNcE pLaNs; THE OUT-Of-pOckET cOsTs Of ¸aNagINg UNcO¸pLIcaTED DIabETEs a¸OUNT TO ¸ORE THaN $4,000 pER yEaR; aND OUT-Of-pOckET cOsTs caN appROacH $40,000 pER yEaR fOR a paTIENT wITH a ¸yOcaRDIaL INfaRcTION REqUIRINg HOspITaLIzaTION.Ä °E CENTERs fOR ¶IsEasE CONTROL aND PREVENTION EsTI¸aTEs THaT, OwINg IN paRT TO sUcH HIgH OUT-Of- pOckET cOsTs, IN 2011 abOUT a THIRD Of ·.S. fa¸ILIEs wERE EITHER sTRUggLINg TO pay ¸EDIcaL bILLs OR DEfaULTINg ON THEIR pay¸ENTs (sEE figURE 1).Æ °Is HEaLTH caRE–RELaTED fiNaNcIaL bURDEN caN caUsE sUbsTaNTIaL DIsTREss, fORcINg pEOpLE TO cUT cORNERs IN ways THaT ¸ay affEcT THEIR HEaLTH aND wELL- bEINg. ºN OUR REsEaRcH, wE DIscOVERED THaT ¸aNy INsURED paTIENTs bURDENED by HIgH OUT-Of-pOckET cOsTs fRO¸ caNcER TREaT¸ENT REDUcE THEIR spENDINg ON fOOD aND cLOTHINg TO ¸akE ENDs ¸EET, OR THEy REDUcE THE fREqUENcy wITH wHIcH THEy TakE pREscRIbED ¸EDIcaTIONs.Î WHETHER bEcaUsE Of INsUfficIENT TRaININg OR TI¸E, ¸aNy pHysIcIaNs DON’T INcLUDE INfOR¸aTION abOUT THE cOsT Of caRE IN THE DEcIsION-¸akINg pROcEss.Ï BUT DIscUssINg cOsTs Is a cRUcIaL cO¸pONENT Of cLINIcaL DEcIsION ¸akINg. FIRsT, DIscUssINg OUT-Of-pOckET cOsTs ENabLEs paTIENTs TO cHOOsE LOwER-cOsT TREaT¸ENTs wHEN THERE aRE VIabLE aLTERNaTIVEs. PaTIENTs ExpERIENcE UNNEcEssaRy fiNaNcIaL DIsTREss wHEN pHysIcIaNs DO NOT INfOR¸ THE¸ Of aLTERNaTIVE TREaT¸ENTs THaT aRE LEss ExpENsIVE bUT EqUaLLy OR NEaRLy as EffEcTIVE. WE
s t c e f f E e d i S s a s t s o C t e k c o P - f o - t u O
CONsIDER a MEDIcaRE paTIENT wITH ¸ETasTaTIc cOLOREcTaL caNcER. CO¸¸ONLy, a cO¸pONENT Of fiRsT-LINE THERapy fOR THIs DIsEasE Is bEVacIzU¸ab.
A
Americans