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Clinical ethics

To lie or not to lie: resident physician attitudes about


the use of deception in clinical practice
Jo P Everett,1 Clifford A Walters,2 Debra L Stottlemyer,3 Curtis A Knight,1
Andrew A Oppenberg,4 Robert D Orr5
1
Loma Linda University, ABSTRACT autonomy has come to dominate discussions
California, Loma Linda, CA, USA Background Physicians face competing values of in medical ethics. More emphasis is placed on
2
Department of Obstetrics and truth-telling and beneficence when deception may be principlesdlying is wrong; the patient has a right
Gynecology, Loma Linda
University, CA, USA employed in patient care. The purposes of this study to know. This change was clearly demonstrated
3
Department of Internal were to assess resident physicians’ attitudes towards when Novack reported that in 1961, 90% of
Medicine, Loma Linda lying, explore lie types and reported reasons for lying. physicians did not reveal a fatal diagnosis to
University, CA, USA Method After obtaining institutional review board review patients, but in 1977, 97% did so.3 About the same
4
Risk Management and Patient
Safety, Glendale Memorial
(OSR# 58013) and receiving exempt status, posts time, a layman argued for truth-telling, writing,
Hospital and Health Center, written by Loma Linda University resident physicians in ‘The real issue is not whether the truth should be
California, CA, USA response to forum questions in required online courses told but whether there is a way of telling it
5
Fletcher Allen Health Care, were collected from 2002 to 2007. Responses were responsibly.’4 This north American change is not
University of Vermont College of
blinded and manually coded by two investigators using necessarily the standard in all cultures, however.
Medicine, Burlington, Vermont,
USA NVivo software. Qualitative and quantitative analyses of Pellegrino addressed cross-cultural practices of
the data were performed with links to various attributes. truth-telling and concluded that patient autonomy
Correspondence to A 95% binomial proportion CI was used to analyse the was not the universal principle, but rather respect
Jo P Everett, Chan Shun attribute data. for persons.5 So if a person expected to be shielded
Pavilion, 11175 Campus Street,
Loma Linda, CA 92350 USA;
Results The study found that the majority of residents from the truth, his or her personal belief should
joeverett7@gmail.com (90.3%) would disclose the truth about medical errors. be honoured.
Similarly, many residents (55.7%) would disclose the Still, physicians are frequently confronted with
Received 12 October 2010 truth regarding unanticipated events, especially if the the ethical issue of deceiving for either the patient’s
Revised 6 December 2010 error was serious enough to result in a malpractice suit benefit or their own. Physicians may lie to insur-
Accepted 10 December 2010
Published Online First (74.7%). However, many residents (40.9%) would not ance companies, deceive about medical errors,
2 February 2011 reveal a near miss event because they believe it has no withhold details about diagnosis at the family’s
impact on patient health. Some residents (47.3%) would request, misinform about unanticipated events, or
deceive the insurance company for additional patient not disclose information about near miss events.6
benefits. Of those willing to lie, only a small group (4.2%) Truth-telling is a foundational principle of medical
gave self-serving reasons. ethics.7 However, using a consequential method of
Conclusions This study demonstrates that the ethical reasoning rather than a principle-based method,
issues related to deception that trouble attending professionals find situations in which telling the
physicians also exist at the resident physician level. truth may not be in the best interest of those
Residents primarily lie for altruistic reasons and rarely for involveddthe patient, the physician, or the insur-
egoistic or self-serving purposes that may or may not ance company.
result in harm to patients, insurance companies and/or This ethical issue also has legal implications.
physicians themselves. Lying for the benefit of the patient in order to
secure additional insurance benefitsdsomething
patients may actually desiredcould easily result in
charges of fraud. Alexander showed that 26% of
Truth-telling is not a new issue in medicine. individuals would prefer their physician to deceive
Hippocrates warned of telling the patient the nature the insurance company after a claim has been
of their illness, ‘for many patients through this cause denied.8 Previous studies reported practising
have taken a turn for the worse.’1 However, he physician deception of insurance companies ranged
admonished that the truth should be told, but to from 11% to 57.7%.9e11
a third party instead of the patient. In 1903 Cabot However, patients do not want to be deceived
analysed the professional ethics of truth and false- about their care. Fein et al12 described the disclosure
hood, writing ‘The lies that the medical profession patients desire including admission of the error, the
agree in condemning whenever the question arises proximate effects, and any harm caused. Lying about
are those told for personal and private gain.’2 This a medical error may save the physician from
historic conclusion was justified by utilitarian a malpractice suit, but could also result in further
reasoning and was based on the paternalistic harm to the patient. Gallagher et al13 and Kaldjian
assumption that the ‘doctor knows best’. This et al14 reported that attending physicians revealed
attitude in medicine led to the concept of a ‘thera- medical errors to the patient between 51% and 92%
peutic privilege’, which allowed the physician to do of the time, whereas minor errors were only divulged
what he or she thought was best for the patient. to the patient between 32% and 73% of the time.
In recent decades, paternalism and therapeutic While it may not be illegal to refrain from
privilege have fallen into disfavour, while patient disclosing near misses (events that almost

J Med Ethics 2011;37:333e338. doi:10.1136/jme.2010.040683 333


Clinical ethics

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

Table 1 Lessons related to lying


Lesson title Forum questions
Being a patient advocate without A 34-year-old man comes to your office requesting a screening colonoscopy because his older brother was recently diagnosed
getting caught in the ‘white lie’ with colon cancer. You share his concern and concur that, given the family history, the colonoscopy is warranted, but there
are no abdominal symptoms and his exam is normal. His insurance plan will not pay for the colonoscopy, but they would
if you stated that there had been recent weight loss or change in bowel habits.
What will you do? Finally, given that the reimbursement policies of the insurance companies are often absurd and seem designed
to benefit their pocket books by not providing patient services, is it ever justified in this current medical economic climate to
produce a ‘white lie’ that will ‘beat’ the insurance company at their own gaming strategies?
Uh-Oh! How to approach medical During clinic yesterday you injected the arthritic knee of an elderly gentleman with what you thought was Depo-Medrol. At the
mistakes end of the day you realised you had picked up the wrong phial and actually used Depo-Provera. You told your attending physician,
and together you checked two textbooks, learning that there is not likely to be any adverse consequence from this mistake. First
thing this morning you called the patient and learnt that the knee was no betterdand fortunately no worse.
Should you tell him what happened? Why or why not? What else should you do?
Clinical risk management strategies: Is it ever ethical to not disclose an unanticipated event to a patient? Should disclosure occur if the patient does not receive a bad
patient informed consentdcan you talk? result, but almost did, (as in the ‘near miss’)? What if disclosure might result in the physician being sued or disciplined? Should
disclosure still occur?

334 J Med Ethics 2011;37:333e338. doi:10.1136/jme.2010.040683


Clinical ethics

Table 2 Resident responses to lying scenarios


Box 1 St Augustine scale of lies in decreasing order of No of Percentage
severity residents (%)
Would you deceive insurance? n¼636
Lies in religious teaching (not applicable to current study) Would lie 301 47.3
Lies that harm others and help no one (no data fell here) Would not lie 326 51.3
Lies that harm others and help someone No decision 9 1.4
< Lies that harm individual and directly benefit ones self (eg, Would you deceive about a medical mistake? n¼774
Would lie 11 1.4
doctor lies to patient to decrease malpractice risk)
Would not tell whole truth 11 1.4
< Lies that harm and help same individual (eg, doctor gives
Would admit truth 699 90.3
medication to create symptoms to justify tests)
Raise questions about truth-telling 19 2.5
< Lies that harm an individual and indirectly benefit ones self
Would defer to attending physician 34 4.4
and do not help patient (eg, doctor withholds harmful Would you deceive about an unanticipated event? n¼672
unanticipated event from patient) Would always disclose 374 55.7
< Lies that harm an individual and indirectly benefit ones self but
Would never disclose 22 3.3
still help patient (eg, doctor lies to patient about medical error) Would disclose with qualification 276 41.1
< Lies that harm an organisation and provide benefit to ones self Would you deceive even if a lawsuit might ensue? n¼419
(eg, doctor lies for reimbursement) Would disclose despite risk to self 313 74.7
< Lies that harm an organisation and provides benefit to others Would disclose more if lawsuit is inevitable 71 16.9
but at their own detriment (eg, doctor coaches patient Would question if disclosure is necessary 35 8.4
regarding symptoms to justify tests) Would you deceive about a near miss? n¼492
< Lies that harm an organisation and provide benefit to others Would always disclose 164 33.3
but with poor intentions (eg, doctor maliciously deceives Would never disclose 201 40.9
insurance for patient benefit) Would disclose with qualification 127 25.8
< Lies that harm an organisation and provide benefit to others
but with mixed intentions (eg, doctor lies to colleagues for
patient benefit) Deception about unanticipated events
< Lies that harm an organisation and provide benefit to others Out of 672 residents who answered the forum question relating
indiscriminately (eg, doctor usually lies for patient benefit) to disclosing unanticipated events, a minority (3.3%) stated they
< Lies that harm an organisation and provide benefit to others would not disclose unanticipated events to patients. A
judiciously (eg, doctor lies for patient only as a last resort) substantial group (41.1%) would not disclose the information
< Lies that harm an organisation and provide benefit to others unless specific circumstances overrode their reticence, such as
and are requested by others (eg, patient requests doctor to lie importance to patient health or being directly asked by the
to insurance for benefits) patient. Over half (55.7%) reported they would always disclose
Lies told for the pleasure of lying (not applicable to current unanticipated events to patients.
study) US (51%, 98% CI 0.44 to 0.57) and LLU (46%, 98% CI 0.39 to
Lies told to please others in smooth discourse (not applicable 0.54) graduates are significantly less likely than international
to current study) graduates (71%, 98% CI 0.62 to 0.80) to disclose an unantici-
Lies that harm no one and help someone pated event. Residents in hospital-based specialties (42%, 98%
< Lies initiated by doctor that have potential to harm in the CI 0.33 to 0.50) report unanticipated events significantly less
future (eg, doctor withholds benign unanticipated event from than those in medicine-related (57%, 98% CI 0.51 to 0.63)
patient) specialties. Surgical residents (53%, 95% CI 0.43 to 0.62) tend to
< Lies initiated by doctor that do not harm (eg, doctor withholds disclose more than those in hospital-based specialties (42%, 95%
near miss from patient) CI 0.33 to 0.50).
< Lies initiated by others who may know the situation better Disclosure about unanticipated events is the only category of
(eg, family requests doctor to lie to patient) deception in which gender is significant. Male residents (46%,
Lies that harm no one and that save someone’s life (no data 95% CI 0.42 to 0.51) report unanticipated events significantly
fell here) less than female residents (60%, 95% CI 0.55 to 0.66). However,
Lies that harm no one and that save someone’s purity (not male residents (43%, 95% CI 0.39 to 0.48) choose to disclose
applicable to current study) under certain circumstances (eg, if the patient asks) significantly
Bold headings are from St Augustine. more than female residents (32%, 95% CI 0.27 to 0.38).

Deception about near miss events


would tell the patient the truth. Smaller groups of residents pose Out of 492 residents who answered the question regarding
questions and hesitations about telling the truth (2.5%) or disclosing near miss events, over one-third (40.9%) reported they
would defer to an attending physician (4.5%). US graduates would not reveal the near miss. A smaller group (33.3%) indi-
(93%, 95% CI 0.90 to 0.95) are significantly more willing to cated they would always disclose the near miss. Smaller still was
admit an error than international (83%, 95% CI 0.77 to 0.89) the number of residents (25.8%) who would only disclose under
graduates, but international graduates (11%, 95% CI 0.06 to certain circumstances (importance to patient health). None of
0.16) are significantly more willing to defer to an attending the attributes examined were significant.
physician than US (3%, 95% CI 0.01 to 0.04) or LLU (3%, 95%
CI 0.01 to 0.05) graduates. LLU graduates (90%, 95% CI 0.87 to Types of lies
0.94) fell inbetween US and international graduates in their Figure 1 depicts the characteristics of lies described by resident
willingness to admit an error. physicians that depart from the truth in four directions:

J Med Ethics 2011;37:333e338. doi:10.1136/jme.2010.040683 335


Clinical ethics

Figure 1 Types of lies.

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.

336 J Med Ethics 2011;37:333e338. doi:10.1136/jme.2010.040683


Clinical ethics

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

J Med Ethics 2011;37:333e338. doi:10.1136/jme.2010.040683 337


Clinical ethics

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.

338 J Med Ethics 2011;37:333e338. doi:10.1136/jme.2010.040683

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