Professional Documents
Culture Documents
Everett2011 4
Everett2011 4
Everett2011 4
happened, but did not) or unanticipated events (undesirable 20% were surgery oriented (general surgery, obstetrics, urology,
events that were not covered in the informed consent), the etc); and 24% were hospital oriented (anaesthesiology, emer-
argument continues as to whether the patient should be gency medicine, radiology, etc). The medical school locations
informed or whether the information would only serve to were divided into three categories: international graduates
increase patient anxiety. Even so, many attending physicians (17%), LLU graduates (36%), and non-LLU US graduates (47%).
(73%) disclose near miss events.15 Coded descriptive information was listed by number and
The purposes of the current study were to assess resident percentage. Statistical analysis was performed using the 95%
physicians’ attitudes towards lying, compare with published binomial proportion CI to compare the difference among the
data, and explore the types of lies identified by resident physi- resident attributes. After determining that a resident was
cians as well as their rationalisations for lying in health care. committed to a specific response, all additional supporting
responses in the same lesson were eliminated from statistical
analysis in order to use the number of residents and not the
METHODS number of responses as the denominator when calculating
First and second-year resident physicians from 22 specialties at percentages.
Loma Linda University (LLU) Medical Center participated in In order to categorise the types of lies identified in coding,
a required online programme. These courses were taught each a scale of lies was created based in part on the work of St
year from 2002 to 2007 to assist in meeting the Accreditation Augustine (box 1).17
Council for Graduate Medical Education requirement to The scale was expanded to include our data followed by lie
demonstrate core competencies.16 This online series of courses examples that were coded from resident responses. Not all of
entitled the Graduate Medical Education core curriculum St Augustine’s categories fit with the lie examples provided by
programme, taught on a Blackboard platform, allowed residents residents.
and instructors to access the lesson material and interactively
respond in an asynchronous virtual classroom. Weekly require-
ments included reading the lesson material, discussing the forum RESULTS
questions at the end of each lesson and replying substantively to The categories of deception that were identified in the coding
at least one classmate’s online message as well as all instructor- process are shown in table 2. The varying number of residents in
posed questions. each category correlates with the number participating in each
After obtaining LLU institutional review board review and lesson.
determination of exempt status (OSR# 58013), resident
responses were downloaded from three lessons that addressed Deception of health insurance companies
deception (table 1), given a unique ID number to maintain Out of 636 residents who responded to the forum question
confidentiality, and imported into NVivo, a software coding related to deceiving insurance companies, approximately half
qualitative analysis program. (47.3%) would consider lying to the health insurance companies.
The key to these ID numbers was only available to the The other half (51.3%) report they would tell the truth to the
primary investigators to ensure unbiased coding. At least two insurance company. Residents who graduated from interna-
researchers were manually involved in the coding process of tional medical schools (32%, 95% CI 0.23 to 0.40) are signifi-
resident responses. No coder developed preconceived categories, cantly less likely to lie to insurance companies than US (49%,
but simply allowed the posts to fall into specific branches 95% CI 0.43 to 0.55) or LLU (51%, 95% CI 0.45 to 0.58) grad-
according to content. Posts in each of the three lessons were uates. Residents in surgical fields (58%, 95% CI 0.49 to 0.66) are
divided into major categories based on whether residents would significantly more willing to lie to insurance companies
lie or not and then further stratified into secondary and tertiary compared with those in medicine-related (43%, 95% CI 0.37 to
categories based on reasons to lie. 0.48) or hospital-related (48%, 95% CI 0.40 to 0.56) specialties.
Cases were linked to specific resident attributes including
gender (56% were male and 44% were female), resident specialty Deception about medical errors
and location of medical school graduation. The training Out of 774 residents who responded to the question relating to
programmes were divided into three groups: 56% were medicine medical errors, only a few (2.8%) would lie or withhold infor-
oriented (internal medicine, family medicine, psychiatry, etc); mation from the patient, while a majority (90.3%) reported they
altruistic lies, egoistic lies, and lies either resulting in harm or no CONCLUSIONS
harm. Whereas altruistic lies are those that provide benefit to the Many healthcare professionals have their own definitions of
patient, egoistic lies are those that provide benefit to the types of lies or are familiar with those described by Bok18
physician. Lies that cause harm refer to any harm done to including white lies, excuses, lies in crisis, lies to protect others,
patients, insurance companies, or even the physician. The table and lies for the public good. Bok further adds that ‘some consider
depicts possible combinations of lie characteristics. For instance,
a physician exaggerates symptoms (harming the insurance
company) in order to secure benefits for the patient (altruistic Table 3 Resident reported reasons to lie
towards patient). The placement of these points on the graph No of resident Percentage
responses (%)
was based on St Augustine’s (box 1) continuum of lies that
identified degrees of harm as well as who benefits from the lie.17 Lies to Insurance company n¼238
Following St Augustine we placed the most serious lies (those Concern for patient health 134 56.3
that harm others and benefit oneself) and the least serious lies Beat insurance at their own game 77 32.4
(those that harm no one and provide benefit to another) at Avoid malpractice suits 9 3.8
Appealing to the insurance company is 7 2.9
opposite corners of the graph. The remainder of the lie categories
too time consuming
was placed on a continuum within the four quadrants based on Financial gain for physician 6 2.5
the degree of lie seriousness as assessed by the authors. The size Lies are necessary for good patient care 5 2.1
of each point graphically represents the percentage of residents Lies to patient about near miss n¼324
willing to deceive as found in our study. Event did not actually take place 142 43.8
Event is not important to patient health 101 31.2
Reasons to lie Avoid decreasing patient trust 43 13.3
Table 3 outlines the reasons that residents choose to lie in each Avoid increasing patient stress 38 11.7
of the scenarios. Lies to patient about unanticipated events n¼347
When lying to the insurance company the most common Event is not important to patient health 234 67.4
reason is obtaining treatment for the patient, followed closely Patient does not want to know 70 20.2
by wanting to ‘get back’ at the insurance companies. In near Avoid increasing patient anxiety 16 4.6
miss situations, residents stated the reason not to disclose was Patient did not ask 15 4.3
that the event did not take place and was most likely unim- Avoid decreasing patient trust 9 2.6
portant to the patient’s health. Patient health is also the fore- Not enough time to disclose all events 3 0.9
most reason for non-disclosure in an unanticipated event. Lies to patient about medical error n¼25
Finally, those few residents who chose to deceive about Do not want to admit to mistake 8 32.0
No harm done 7 28.0
a medical error most commonly do so because they prefer not to
Avoid malpractice suit 6 24.0
admit that they made a mistake. Of the responses indicating
Avoid losing patient trust 2 8.0
willingness to lie, only a small group of residents’ lies (4.2%)
Avoid increasing patient anxiety 2 8.0
were self-serving.
all well-intentioned lies, however momentous, to be white’. Bok interests of the patient, to do what is required by law, and to
describes her personal definition of the white lie as ‘a falsehood avoid harm. Some residents link the lying issue to legal
not meant to injure anyone, and of little moral import’.18 In our requirements as this resident responds, ‘It’s not really an argu-
study, residents often justify lying as long as the patient is ment about ethics. It’s an argument about legality, a totally
benefitted as pointed out by this resident, ‘I think the wording separate issue. If we are legally required to disclose this, we do it.
of LIE involves that we are out for our own interest and not the The law trumps all.’ The American Medical Association also
patients’. When in reality we are all about patient care.’ addresses the issue of legality in its Code of Ethics: ‘Ethical
The residents themselves said that they are attempting to values and legal principles are usually closely related, but ethical
behave altruistically, or as Darwin19 put it, ‘incurring a personal obligations typically exceed legal duties. In some cases, the law
cost that in turn benefits others’. Darwin’s favourite example of mandates unethical conduct. In general, when physicians believe
altruism was honey bees. He found that in a hive there are sterile a law is unjust, they should work to change the law. In excep-
bees that do not reproduce but rather supply resources to those tional circumstances of unjust laws, ethical responsibilities
bees that do reproduce. These same bees will also defend the should supersede legal obligations.’24
hive with their lives. While our residents are not giving their When we asked residents about disclosing unanticipated
lives to gain additional insurance benefits for their patients, they events, we did not specify the event, but allowed them to come
are behaving altruistically. to their own conclusions. Over half (56%) chose to disclose the
When lying for the patient, the insurance company loses event. When we later asked the same residents about disclosing
money, the patient may receive tests of questionable necessity an unanticipated event if they knew a lawsuit would ensue, 75%
with potential complications, and the physician is sacrificing chose to disclose the event. This demonstrates that the residents
moral integrity. However, deception for the benefit of the generally are more concerned with their patients than with their
patient may be considered a form of benevolent deception, own wellbeing.
a concept described by Jonsen,7 but it is still a lie. In contrast, the Residents’ decisions are affected by many factors. Interna-
insurance industry has a different view of lying that resides with tional residents are less willing to lie to insurance companies
a legal definition. The False Claims Act states any person who about patient symptoms and to patients about unanticipated
presents a false claim or makes a false record is liable pay a fine of events than those who trained in the USA. However, they are
at least US$5000 in addition to three times the amount of less likely to report medical errors than those who trained in the
damages sustained.20 USA. These are similar to results found in the study in 2004 by
Occasionally, patients may actually approve of physician Lee et al,25 which showed that international graduates are less
deception. A 2003 study by Alexander et al8 of 700 individuals likely to change the patient’s official diagnosis than US gradu-
showed that 50% stated it is acceptable to misrepresent facts ates. Does this mean that US medical schools are not addressing
and 41% stated it is acceptable to lie for the benefit of the the ethics of lying or alternatively that international medical
patient. Moreover, 19% indicated that a physician had used schools place less emphasis on doing what is best for the patient,
deception on their behalf in the past. Our study showed that whatever the cost?
patients requested their doctors to lie to the insurance compa- A study by Garbutt et al15 in 2008 showed that surgeons are
nies on their behalf, representing almost 6% of all types of lies less likely to report medical errors. We found no significant
reported. difference between departments with regard to disclosing
Certain practices of insurance companies may be cause for medical errors; however, significant differences do exist in lying to
some physicians to lie in retaliation. The California Medical insurance companies and disclosing unanticipated events.
Association reported three large suits against Health Net, Blue Surgical residents are more willing to lie to insurance companies,
Cross and Wellpoint/Anthem within the past 4 years.21e23 In and hospital-based residents are more willing to deceive about
each of these suits, the companies were charged with a variety of unanticipated events. Perhaps the surgeon is more focused on the
actions including promising medical coverage, then dropping mission to be accomplished and less concerned with the means
patients if they needed expensive treatment, engaging in prac- used, whereas the non-surgical physician may be more contem-
tices that led to denials of claims, increasing premium charges to plative regarding the consequences of how one arrives at the
customers without advance notification, refusing to pay for altruistic value. Is it possible that hospital-based residents have
patient care after pre-authorising the care, reducing reimburse- more experience with procedures and therefore encounter unan-
ment levels without appropriate notice and revoking patient ticipated events more often than those who are medically based?
health plans retroactively. The study in 2002 by Werner et al9 A 1991 study by Roter et al26 showed that female physicians
demonstrated that attending physicians are more likely to use took more time with their patients, encouraged more patiente
deception with insurance companies if the denied claim appeals physician partnering, and gave more information during clinic
process involved more time or was associated with less success. visits than male physicians. Our finding that female physicians
Residents’ animosity towards the insurance companies is also were more willing than male physicians to disclose unantici-
demonstrated in this sample post, ‘Insurances are here in busi- pated events may involve this willingness to spend more time to
ness. They are not here for your patients’ well-being. If I think give patients information while encouraging them to be more
a test is necessary for my patient, then I will get it. I wouldn’t proactive in their own health care.
accept a medically illiterate person to tell me what to do.’ Our A limitation of this study, as with all qualitative research, is
study also demonstrated some resident attitudes about the that the coding process remains subjective even when two
inequality of the lying game when physicians are expected to coders are involved. In addition, what residents report they
behave ethically with regard to insurance companies, while the would do while writing in an online classroom may not directly
insurance companies act in their own interests even to the correlate with what they would do in reality. Having a multi-
perceived detriment of patient care. centre survey might strengthen the breadth of the deception
Resident physicians are thus faced with balancing competing practices in the general population of resident physicians.
valuesdto maintain personal and professional integrity by doing In practice no physician contemplates engaging in any
what is ethically right, to do what they believe to be in the best dishonest behaviour. Such actions clearly go against the
Hippocratic oath, but potentially engaging in deception 2. Cabot RC. The use of truth and falsehood in medicine: an experimental study.
confronts physicians in not uncommon situations, as graphi- Am Med 1903;5:344e9.
3. Novack DH, Plumer R, Smith RL, et al. Changes in physicians’ attitudes toward
cally shown in the types of lies diagram (see figure 1). Doctors telling the cancer patient. JAMA 1979;241:897e900.
communicate in different ways that hopefully help patients 4. Cousins N. A layman looks at truth telling in medicine. JAMA 1980;244:1929e30.
understand their clinical challenges. A doctor may not tell all 5. Pellegrino ED. Is truth telling to the patient a cultural artifact? JAMA
1992;268:1734e5.
that is known because the patient cannot handle or understand 6. Sade RM. Deceiving insurance companies: new expression of an ancient tradition.
the information. Doctors are careful not to take away hope Ann Thorac Surg 2001;72:1449e53.
when patients ask about impending death. Sometimes the 7. Jonsen AR, Siegler M, Winslade WJ. Clinical ethics. 5 edn. New York: McGraw-Hill
Companies, 2002:62.
question is not answered, but the patient is told that ‘we are 8. Alexander GC, Werner RM, Fagerlin A, et al. Support for physician deception of
going to take good care of you’. Becoming dishonest that insurance companies among a sample of Philadelphia residents. Ann Intern Med
involves legal issues such as insurance deception for the benefit 2003;138:472e5.
of the patient or the doctor, or withholding or lying about 9. Werner RM, Alexander GC, Fagerlin A, et al. The “hassle factor”dWhat motivates
physicians to manipulate reimbursement rules? Arch Intern Med 2002;162:1134e9.
information to protect a physician from a lawsuit clearly are 10. Freeman VG, Rathore SS, Weinfurt KP, et al. Lying for patients e Physician
more egregious forms of deception, some of which border on deception of third-party payers. Arch Intern Med 1999;159:2263e70.
fraud and should clearly be avoided. 11. Wynia MK, Cummins DS, WanGeest JB, et al. Physician manipulation of
reimbursement rules for patients. JAMA 2000;283:1858e65.
Our study demonstrates that the ethical issues related to 12. Fein SP, Hilborne LH, Spiritus EM, et al. The many faces of error disclosure:
deception that attending physicians face also exist at the resi- a common set of elements and a definition. J Gen Intern Med 2007;22:755e61.
dent physician level. Residents are trying to learn how to be 13. Gallagher TH, Garbutt JM, Waterman AD, et al. Choosing your words carefully e
professionals, but are also faced with concerns about deception. How physicians would disclose harmful medical errors to patients. Arch Intern Med
2006;166:1585e93.
While the majority will disclose a medical error to the patient, 14. Kaldjian LC, Jones EW, Wu BJ, et al. Reporting medical errors to improve patient
only half will be truthful with the insurance company, and safetydSurvey of physicians in teaching hospitals. Arch Intern Med 2008;168:40e6.
only one-third will consistently disclose near misses to their 15. Garbutt J, Waterman AD, Kapp JM, et al. Lost opportunities: how physicians
communicate about medical errors. Health Aff 2008;27:246e55.
patients. Over half will disclose an unanticipated event to the 16. Accredidation Council for Graduate Medical Education. Outcome project
patient, but in making a distinction between benefitting the competencies. http://www.acgme.org/outcome/comp/compFull.asp (accessed 5 Jun
patient and protecting themselves, three-quarters of the resi- 2008).
17. Augustine. Lying. In: Deferrari RJ, ed. Treatises on Various Subjects. Vol 14. New
dents will disclose, even if such disclosure results in a lawsuit. York: Catholic University of America Press, 1952.
Whereas our formal curriculum challenged the resident to 18. Bok, Sissela. Lying: moral choice in public and private life. New York: Pantheon
consider the issues related to deception, it is clear that residents Books, 1978;ixexi:58.
are still contemplating the matter and struggle with balancing 19. Lee Alan D. The altruism equation: seven scientists search for the origins of
goodness. Princeton, NJ: Princeton University Press, 2006:2.
altruism, egoism and beneficence. However, the overwhelming 20. Cornell University Law School. US Code Collection. http://www.law.cornell.edu/
majority embraced an altruistic rationale regarding deception. uscode/uscode31/usc_sup_01_31_08_III_10_37_20_III.html
Finally, residents may benefit from a formal educational curric- (accessed 11 Aug 2008).
21. California Medical Association. CMA says Los Angeles City Attorney lawsuit
ulum to achieve a confident understanding regarding the ethical against Health Net sends a strong message that insurers’ anti-patient practices won’t
virtue of truth-telling in the current complex world of health be tolerated. http://www.cmanet.org/publicdoc.cfm?article_id¼419
care. &docid¼2&parent¼1&templateinc¼presssection2&all¼yes (accessed 11 Aug 2008).
22. California Medical Association. Blue Cross a leader in profits, not patient care.
Funding Funding was internal and provided by the GME Core Curriculum Program. http://www.cmanet.org/publicdoc.cfm?article_id¼400&docid¼2&parent¼
Competing interests None. 1&templateinc¼presssection2&all¼yes (accessed 11 Aug 2008).
23. California Medical Association. CMA settles class-action lawsuit with Anthem/
Ethics approval This study was conducted with the approval of the institutional Wellpoint. http://www.cmanet.org/publicdoc.cfm?article_id¼320
review board, OSR# 58013. &docid¼2&parent¼1&templateinc¼presssection2&all¼yes (accessed 11 Aug 2008).
24. American Medical Association. Code of medical ethics. http://www.ama-assn.
Provenance and peer review Not commissioned; externally peer reviewed. org/apps/pf_new/pf_online?category¼CEJA &assn¼AMA&f_n¼mSearch&s_t¼&st_
p¼&nth¼1& (accessed 11 Aug 2008).
25. Lee SY, Dow WH, Wang V, et al. Use of deceptive tactics in physician practices: are
there differences between international and US medical graduates? Health Policy
REFERENCES 2004;67:257e64.
1. Edelstein L. Hippocratic prognosis. In: Temkin O, Temkin CL, eds. Ancient medicine: 26. Roter D, Lipkin M, Korsgaard A. Sex-differences in patients and physicians
selected papers of Ludwig Edelstein. Baltimore: The Johns Hopkins Press 1967. communication during primary care medical visits. Med Care 1991;29:1083e93.