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American Journal of Hematology 68:127–132 (2001)

Ethical Issues in the Management of Sickle Cell Pain


Samir K. Ballas*
The Sickle Cell Center of Cardeza Foundation, Department of Medicine, Jefferson Medical College, Philadelphia, Pennsylvania

Care providers who manage patients with sickle cell disease (SCD) often face several
questions. Most prominent among these pertain to the importance of pain and its treat-
ment. The duties of the health care providers concerning pain management are often not
well defined and vary considerably among providers and institutions. Despite the avail-
ability of national guidelines that address the ethical issues of pain management, patients
with SCD often receive suboptimal pain control, especially during acute painful episodes.
Although there are many reasons for this situation, an important aspect of the problem
pertains to the complexity of applying ethical standards to specific patients with sickle
cell pain. Decisions are frequently made according to perceptions and circumstances
without taking ethical principles into consideration. The purpose of this paper is to pre-
sent the range of ethical principles pertinent to sickle pain management and discuss
specific examples of physician-patient interactions where ethical dilemmas occur. Am. J.
Hematol. 68:127–132, 2001. © 2001 Wiley-Liss, Inc.

Key words: sickle cell pain; ethical principles; sickle cell disease; ethical theory

INTRODUCTION and vary considerably among providers and institutions.


Like other disciplines of Medicine, pain management Decisions are frequently made according to perceptions,
is subject to the following four domains of control: gov- misconceptions, economy, and circumstances without
ernment, science, economy, and ethics. Traditionally, taking ethical principles into consideration. The purpose
science has been the primary guiding force of medicine of this paper is to address the role of modern ethical
under the watchful eye of government. Having this duet principles in the management of sickle cell pain. One
of science with government as its mentor, clinical medi- hopes that the reduced access to quality care by large
cine achieved strides of progress during the twentieth segments of the population will ease as ethical principles
century that bridged the gap between the bedside and the are followed consistently. Having the dimension of ethics
scientist’s bench. Management of disease progressed in full operation may ameliorate or neutralize the impact
from remedies based on anecdotes and folklore to thera- of cost containment (managed care). The specific ap-
pies introduced by biochemical, biophysical, pharmaco- proach to this goal includes reviewing the range of ethi-
logical, and molecular disciplines. Recently managed cal principles pertinent to pain management and discuss-
care came into the picture and eclipsed this progress. ing specific examples of physician-patient interactions
With the advent of managed care, economy became a where ethical dilemmas occur.
third major determinant of the thrust of medicine. Cost
containment (managed care) became a paramount con- TYPES OF ETHICAL THEORY
sideration in patient care. Needless to say when strife
strikes, it is the vulnerable groups that suffer the most. Care providers who manage patients in pain should be
Thus minorities, the terminally ill, the handicapped, and aware of the range of possible perspectives available for
other groups experienced a drawback in their already moral judgement. A moral situation usually has several
compromised medical care [1–5].
Policy makers and practitioners who deliver care to
patients with sickle cell disease (SCD) often face several *Correspondence to: Samir K. Ballas, M.D., Cardeza Foundation,
1015 Walnut Street, Philadelphia, PA 19l07.
dilemmas. Most important among these pertain to pain E-mail: samir.ballas@mail.tju.edu
and its treatment. The duties of health care providers
concerning pain management are often not well defined Received for publication 14 December 2000; Accepted 15 June 2001
© 2001 Wiley-Liss, Inc.
128 Concise Review: Ballas
aspects that include the consequences of the action, the means self, and nomos, which means rule, law, or gov-
action itself, the agent(s) or the individual(s) who per- ernance [6]. Originally it was used to refer to the self-rule
form actions and make decisions, the relationships of the of independent Greek communities. Over the years its
agents to the action, and the specific character of the use shifted from states and cities to individuals. Thus
situation [6–8]. Depending on which aspect of the moral autonomous individuals are captains of their own ship
situation is considered the primary focus of attention de- and act according to a self-chosen plan. Many philoso-
fines the type of ethical theory. phers emphasize that self-rule is one of the pinnacles of
Historically two controversial types of ethical theories human capacities. The hallmark of democracy is freedom
concerning human actions, including pain management, and the hallmark of freedom is the capacity to choose
prevail. The first is utilitarianism that stipulates that no without harassment or duress.
action is good or bad in itself but acquires moral value The importance of the principle of respect for au-
only in terms of the consequences it provides (i.e., the tonomy in the management of sickle cell pain becomes
end justifies the means). Thus, if management of sickle apparent when providers implement methods to alleviate
cell pain is not cost effective, abandoning patients with the pain and suffering of their patients. Ideally, providers
sickle cell disease is appropriate according to utilitarian- demonstrate respect for the autonomy of pain patterns by
ism. The second theory is Kantianism, a deontological obtaining valid consent (verbal or otherwise) for any
duty-based theory that stipulates human actions are good medical intervention. Thus the choice of analgesics, their
or bad in themselves irrespective of their consequences. dose, route, method, and frequency of administration
According to this theory management of sickle cell pain must be a mutually agreed upon plan. Nonnegotiable, a
becomes an imperative irrespective of cost. Needless to priori predetermined approaches to treatment of pain
say these two theories have substantial problems in prac- without the patient’s input constitutes a violation of the
tical applications. principle of respect for autonomy. Patients are authorities
To resolve the problems inherent with absolute theo- on their pain and must be involved in their own care. This
ries, modern biomedical ethicists [6] have advanced principle is obvious in the standards of the Joint Com-
common morality trends that are principle based. These mission on Accreditation of Healthcare Organizations
theories share with utilitarianism and Kantianism the em- (JCAHO) to overcome institutional barriers in pain man-
phasis on principles of obligation only and differ from agement. The JCAHO has influenced practice by intro-
them in two major aspects. First, Kantianism and utili- ducing pain management into the standards that are used
tarianism are monistic theories where one supreme ab- to assess the performance of the nation’s health care
solute principle overrides all other action-guides in the facilities. The following are pertinent examples from
system. Common-morality theories, on the other end, are JCAHO requirements [9]:
pluralistic without an overriding single principle, but
• Patients are involved in all aspects of their care
with two or more nonabsolute (prima facie) principles
• Patients have the right to appropriate assessment and
from the general level of normative statement, that can be
management of pain
applied to concrete clinical situations. Second, common
• Each patient’s physical, psychological, and social sta-
morality theories rely heavily on ordinary shared moral
tus are assessed
beliefs for their content, rather than relying on pure rea-
• Functional status is assessed when warranted by the
son, natural law, or a special moral sense. Common mo-
patient’s needs or condition
rality theories have described four essential principles of
• Pain is assessed in all patients
biomedical ethics as follows:
It is important, however, to distinguish between the
1. The principle of Respect for Autonomy (The right to
duties of physicians to respect patient autonomy and to
choose)
promote patient autonomy. In situations where there is an
2. The principle of Nonmaleficence (Do no harm)
immediate need to treat the sick body or to remove the
3. The principle of Beneficence (The duty to help others)
cause of its suffering, autonomy may be removed [6,7].
4. The principle of Justice (Fair distribution of re-
Thus, patients in excruciating pain may not be able to
sources)
carefully analyze the risks and benefits of certain treat-
Specific situations where the four principles of modern ments. Moreover, care providers should promote patient
morality theory play a role in the management of sickle autonomy whenever patients are in vulnerable situations
cell pain are discussed below. or belong to a vulnerable group of individuals. Thus, care
providers should be advocates who promote the au-
Dilemmas With the Principle of Respect tonomy of neonates, the mentally retarded, geriatric pa-
for Autonomy tients, and other minorities. It is unfortunate that in these
Simply stated, autonomy means the freedom to situations, some care providers may abuse the vulnerabil-
choose. It derives from two Greek words, autos, which ity of patients and make decisions that are in their interest
Concise Review: The Ethics of Sickle Cell Pain Management 129
rather than that of the vulnerable patient as will be dis- ment in the emergency room and/or hospital. His past
cussed below. The following case illustrates an example history indicated that he went to the ER at least once or
where the principle of respect for autonomy is violated. twice every week or every other week. Pain management
A 36-year-old man with sickle cell anemia was admit- in the ER included meperidine (Demerol 100–125 mg IM
ted to the hospital with severe acute sickle cell pain in- or IV q 2h) plus diphenhydramine (Benadryl) 50 mg IM
volving his left upper quadrant (LUQ). He was started on or IV q 4h. During one of his recent visits to the ER, the
hydromorphone (Dilaudid) 4 mg IV q2h with moderate physician who saw him frequently in the past barged in
relief. One day after admission his attending wanted to saying “Not you again. I will not give you any narcotics.”
transfer him to the psychiatry floor for pain management. The patient decided to leave the ER and mentioned that
The patient refused indicating that he never had psychi- he is going to another ER in the city. The physician
atric problems and his acute sickle cell painful episodes called the other ER and alerted the physician there not to
have always been treated on the medical floor. The at- treat the patient in question because he is an addict who
tending physician threatened the patient with being either demonstrated drug-seeking behavior.
transferred or discharged from the hospital. The patient Critique of the case. By calling the other ER and
chose to be discharged against medical advice. He came sharing confidential information and perceived accusa-
back to the Emergency Department with relapsing sickle tions about the patient the physician in question stigma-
cell pain within 48 h after discharge. tized the patient and denied a fair evaluation by another
Critique. This case is an example where there was no physician. Patients, like this one, who seek treatment in
respect for the patient’s autonomy. The patient was given other emergency rooms due to faulty accusations in their
an unfair ultimatum. No attempt was made to search for primary facility are often accused of drug-seeking behav-
the cause of pain in the LUQ such as pancreatitis, splenic ior. Thus, the very behavior that is induced by a frus-
infarct, etc. The psychiatric issue, if any, was not iden- trated care provider haunts the patients later and defames
tified. If there were a psychiatric problem, a consultation them in the community as abusers of the system with
to that division would have sufficed. Later it was found drug-seeking behavior.
that this particular attending routinely transferred pa- A corollary to the principle of nonmaleficence is the
tients to psychiatry in an effort to shift the responsibility rule of double-effect (RDE), also know as the double-
of the attending (writing prescriptions, discharge sum- effect doctrine [6,7]. This rule distinguishes between in-
maries, etc.) to the psychiatrist. Later, the psychiatrist tended effect and foreseen effects of a certain action.
refused to accept any such transfers. Thus, the intended effect of treating sickle pain with
Other dilemmas with the principle of respect for au- opioids is to achieve pain relief whereas the foreseen
tonomy include pain management that is based on man- effects of this treatment include the possible side-effects
datory conformity with “home made” rules and regula- of opioids such as pruritus, nausea, vomiting, depen-
tions, denial of specific therapy, and inability of patients dence, changes in mental status, etc. In these situations
to choose their care providers. the physician has to monitor therapy carefully and make
sure that the harmful effects of treatment do not super-
Dilemmas With the Principle of Nonmaleficence sede the beneficial ones. This rule plays a more major
One of the most frequently cited quotations of bio- role in the management of pain in terminal cancer to-
medical ethics is “Primum non nocere: first do no harm.” wards the end of life [10,11].
The principle of nonmaleficence stipulates that physi- The following case describes an example where the
cians have an obligation not to inflict harm on patients double effect doctrine applies to a provider who has to
intentionally or carelessly. Obligations of non- determine whether the patient in question is an abuser of
maleficence include the following: 1) one should not opioids or not.
inflict evil or harm; 2) one should prevent evil or harm; A 32 year-old, African-American man with sickle cell
and 3) one should remove evil or harm. anemia was referred to our Sickle Cell Center for evalu-
Dilemmas with this principle include stigmatization of ation. His primary care physician indicated that the pa-
patients with sickle cell disease as drug addicts and de- tient demonstrated drug-seeking behavior by going to the
cisions based on hearsay or circumstantial accusations. In emergency room frequently, and requesting prescriptions
these situations harm includes injury to the patient’s for 60 tablets of oxycodone/acetaminophen (Percocet
reputation. Failure to provide adequate analgesics to 5/325) every 1–2 weeks. Past history revealed chronic
achieve pain relief and abandonment also fit in within the pain syndrome due to multiple bone infarcts in his lower
implications of this principle. The following case illus- extremities and low back. Detailed assessment of his pain
trates an example where the principle of non-maleficence intensity, location, quality, and factors that alleviate or
has been violated. worsen it revealed an explanation for the apparent drug-
A 27 year-old man with sickle cell anemia suffered seeking behavior. Specifically, the patient related that
from recurrent acute painful episodes that required treat- 1–2 days after he uses all his Percocet tablets he suffers
130 Concise Review: Ballas
from yawning, nasal congestion, watery eyes, shakiness, pertain to situations where the intent of the care provider
profuse perspiration, and generalized aches (different is not clear. For example management based on ultima-
from sickle pain) followed by typical sickle cell sharp tums, excessive regulations, establishment of treatment
pain involving his extremities that forces him to go to the contracts with patients and empowering the inept to man-
ER or to call his physician for a Percocet prescription. A age pain violate the principle of beneficence by doing
diagnosis of withdrawal syndrome was made due to a more harm than help.
sudden cessation of Percocet intake. The patient was
started on Methadone 20 mg. po q 6–8h for the chronic Dilemmas With the Principle of Justice
pain with Percocet in between for breakthrough pain. The principle of justice stipulates that physicians have
Within a few months, the patient’s consumption of Per- an obligation to promote justice or, to be more specific,
cocet decreased to about 30 tablets per month and he “distributive justice.” This refers to fair, equitable, and
went to the ER only once. appropriate distribution in society of a privilege, re-
Critique. This is a typical example of physical depen- sources, opportunity, benefit or service. Conditions of
dence on opioids. This is a phenomenon defined by the society and competition where there is not enough to
development of abstinence symptoms following abrupt provide all that each needs create problems of distribu-
discontinuation of opioids, substantial dose reduction or tive justice. It is becoming increasingly obvious that
the coadministration of an opioid antagonist. The in- health care resources in the United States are finite and
tended effect of treatment with opioids is pain relief that tough decisions about who gets what health care
whereas the foreseen effect in this case was physical must be made. Cost containment (managed care) has ac-
dependence. Appropriate management in this case pre- centuated the disparity in the distribution of resources
vented the foreseen effect. Psychological dependence or between the affluent and the poor. One issue, that may be
addiction, on the other hand, is characterized by loss of controversial, pertains to the distribution of federal re-
control, compulsive use, and use despite harm. An addict sources among sickle cell centers. Under the current sys-
would do anything to get the desired drug including tem the Sickle Cell Disease branch of the NHLBI of the
stealing, forging prescription, and selling prescription NIH funds 10 centers across the United States. As a
drugs, etc. Detailed history, physical exam, pain assess- group these 10 centers have less than 10% of all the
ment, regular follow-up, and rigorous record-keeping are patients with SCD nationwide. Patients in these centers
essential to differentiate physical dependence from ad- receive somewhat better care and attention from provid-
diction. No matter how evasive a patient may be, proper ers than other patients. One wonders whether available
monitoring and record-keeping will ultimately reveal funds should be distributed in such a way to support more
whether a patient is seeking drugs for reasons other than centers and reach the majority of patients with SCD in
pain relief or not. If a diagnosis of addiction is made, the United States.
however, referral to an addiction medicine specialist is Rationing medical care and the existence of a two-tier
indicated. A diagnosis of addiction should not be a jus- system of health (one for the affluent and another for the
tification for abandonment or withholding pain manage- poor and vulnerable groups of patients) are obvious vio-
ment but a call for help with the addiction issue. lations of the principle of distributive justice.
Dilemmas With the Principle of Beneficence
BARRIERS TO THE ETHICAL PRINCIPLES
The principle of beneficence stipulates that physicians
OF CARE
should be proactive by having a duty to take positive
steps to help others, and not just refrain from harmful The delivery of quality care to patients with SCD ac-
acts. Thus physicians who witness unnecessary pain have cording to the principles of ethics depends, on the final
a moral responsibility to help the patients who suffer analysis, on the intent of the provider. Does the provider
from it even if they are not clinically responsible for them mean to manage pain according to accepted methods in
[12,13]. Moreover because severe pain can be psycho- an effort to relieve pain and suffering? Or does the pro-
logically and physically harmful, preventing or alleviat- vider utilize certain techniques to stigmatize, isolate and
ing such pain is not only a matter of doing good (benefi- get rid of patients. Some of the techniques utilized by
cence) but also preventing harm (nonmaleficence) [6,7]. some providers and institutions are as follows.
Rules of beneficence include: 1) positive actions; 2) no
need to be obeyed impartially; and 3) rare occasions for The Blunt Technique
legal action [6]. Rules of nonmaleficence by contrast A physician may tell patients in a straightforward can-
typically: 1) are negative prohibitions of action; 2) must did manner, “I do not see patients on Medical Assis-
be obeyed impartially to all persons, and 3) provide rea- tance” or “I do not see patients with sickle cell disease.
sons for legal action in certain situations [6]. Try Dr. X or Dr. Y.” Perhaps, this is the best of the
Dilemmas pertinent to the principle of beneficence negative attitudes since patients know up front where
Concise Review: The Ethics of Sickle Cell Pain Management 131
they stand with a certain provider and are not lead to a patients. Still others admit sickle cell patients to a non-
confusing and inconsistent plan of care. teaching service, where care is delivered by a physician
assistant or nurse practitioner, with backup by a physi-
The Confusing Technique cian as needed.
This is usually practiced in the emergency room. A
typical scenario is that of a patient who informs a pro- The “Witch Hunt” Technique (Intimidation)
vider in the emergency room, “My doctor gives me 4 mg According to this technique hospital staff (usually
of Dilaudid intramuscularly every two hours when I am nursing and house staff) pursue an active campaign of
in crisis, you may call him/her.” Later, the provider re- documenting aberrant behavior of a certain patient in the
ports back to the patient, “I called your doctor, he/she form of incident reports. Often these reports are based on
does not approve of Dilaudid and wants you to treat your trivial incidents or may be provoked by insensitive re-
crisis at home.” Investigations by the patient and coor- marks, negative body language, or withholding/delaying
dinator, later, indicate that such a communication be- administration of opioid analgesics for pain. A pile of
tween the emergency room provider and the primary incident reports may be accumulated and copies sent to
physician never occurred. key hospital personnel. As a corrective action, the patient
in question will then be approached with the list of the
The Selective Technique incident reports and a threat to expel him/her from the
According to this method, providers retain those pa- hospital if the aberrant behavior continues. A variation
tients with sickle cell disease who have mild clinical on the theme of intimidation might be an ultimatum such
course (one or less crises per year) with few complica- as “You have to be treated with this medication—or be
tions and who have “good” medical coverage. In this admitted to this service—otherwise we cannot keep you
situation the prejudice is hidden behind a group of well- in our program.”
to-do patients who consume little or no opioid analgesics
and who are, usually, employed and come from middle Dumping (Expulsion)
class families. Programs that utilize this technique have Once patients are isolated and intimidated, their ex-
the majority of their patients with milder forms of sickle pulsion from the hospital in question becomes easy. Usu-
cell syndromes such as sickle-␤+-thalassemia and Hb SC ally, this is achieved by a letter to the patient, with copies
disease. In an unbiased program, in the United States, to the emergency department and other personnel, indi-
these diagnoses, usually, comprise less than 30% of the cating that as of a certain date the patient will not be
patients with sickle cell disease and the remaining 70% treated in that hospital any more. Should the patient show
suffer from sickle cell anemia, the most severe form of up in the emergency room later in severe painful crisis,
the disease. he/she will not be treated and will be sent or asked to go
to other emergency rooms. Treatment may be given only
Abandonment for life threatening situations and acute sickle cell painful
In this situation, hematologists, encouraged by the episodes are not considered as such by the dumping
constraints of managed care, refer patients with sickle team.
cell disease to general internists who, in turn, may refer
them to other hematologists or internists thus, creating a Managed Care, Race, and Income
vicious circle of fragmented care. The justification for The advent of managed care had a negative impact on
this practice is that patients, particularly adults, with the quality of care of patients with sickle cell disease. It
sickle cell disease may have other problems, such as disrupted the comprehensive and multidisciplinary ap-
infection, hypertension, psychosocial issues, etc. that are proach to the management of patients with this disease
better taken care of by the generalist. This type of rea- and referred them to the care of physicians who have no
soning sounds plausible on first encounter, except that experience or interest in this serious illness. There have
patients with leukemia or lymphoma who share similar been anecdotes of death of patients with sickle cell dis-
aspects of their disease are not referred to generalist. On ease as a result of the policy of managed care. Vichinsky
the contrary, hematologist and oncologist compete and Lubin indicated that the increase in litigation perti-
fiercely among themselves to retain patients with hema- nent to sickle cell disease may be due to the advent of
tologic malignancies. managed care [4].
Recently, Gornick et al. [4] reported that race and
Second Class Citizenship (Isolation) income had a substantial effect on mortality and use of
In some institutions, hematology fellows are exempt medical services among Medicare beneficiaries. Thus, in
from actively participating on a regular basis in the care the case of ischemic heart disease, for example, the rates
of in- or outpatients with sickle cell disease. Others em- among blacks for both angioplasty and coronary by-pass
ploy a part-time physician to deliver cursory care to these grafting were significantly lower than those for whites
132 Concise Review: Ballas
although both groups were equally affluent and had simi- defined as pain due to a defined cause that has no cure.
lar hospital coverage rates. The effects of race and in- Thus, malignant pain could be cancerous or noncancer-
come on the quality of care are not limited to Medicare ous. The latter includes sickle cell pain, pain associated
beneficiaries but are also applicable to other categories of with AIDS, amyotrophic lateral sclerosis, etc. Chronic
patients as well [15]. Thus, the disparity in the quality of benign pain includes syndromes that have no definite
service between whites and blacks persists at the other etiology in individuals who have no evidence of an or-
end of the scale where Caucasians with medical assis- ganic disease process. Fibromyalgia, for example, fits
tance receive relatively better care than their African into the definition of chronic benign (nonmalignant)
American counterparts. If one includes the type of dis- pain.
ease and the use of opioids, the situation becomes even
worse for patients with sickle cell disease who are Afri- REFERENCES
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