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(Download PDF) Doing Right A Practical Guide To Ethics For Medical Trainees and Physicians 4Th Edition Philip C Hebert Online Ebook All Chapter PDF
(Download PDF) Doing Right A Practical Guide To Ethics For Medical Trainees and Physicians 4Th Edition Philip C Hebert Online Ebook All Chapter PDF
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A case-based approach that provides the advice and
skills medical practitioners need to help patients
and overcome ethical challenges.
“Helping and not harming, keeping secrets, truth telling, and much more—Doing Right
is a wise, highly readable, and practical guide towards being the kind of doctor or nurse
every patient hopes to have.”
—Priscilla Alderson, PhD, Professor Emerita, University College, London, UK
“For over twenty years Doing Right has been regarded as the premier resource in Canada
for teaching clinical ethics to health care professionals. This revised and expanded 4th A Practical Guide to Ethics
edition ensures it will maintain that status for years to come.”
—Daryl Pullman, PhD, Professor of Medical Ethics, Memorial University
for Medical Trainees
“The foundational text in Canadian medical ethics has added engaging new material, while
and Physicians
retaining its clarity and focus on practical decision-making. Everyone from undergraduate
students to practicing clinicians will find this book instructive and inspiring.”
—Dr Merril Pauls CCFP(EM), MHSc, Professor & Co-director of Professionalism teaching, University of Manitoba
“This fourth edition of Doing Right provides an excellent overview of the ethical questions
most frequently encountered in contemporary medical practice. Grounded in a diverse
array of real-life cases, it will serve as an outstanding resource for ethics educators in
Canada.”
—Dr Mona Gupta, Associate Clinical Professor, Université de Montréal
and Chair of the Ethics Committee of the RCPSC
Highlights
• A case-based approach highlights real-life examples and encourages
readers to actively explore difficult decisions healthcare professionals have
to make.
• New chapters on Social Media, Medical Assistance in Dying, and the Ethical
Regulation of Research provide cutting-edge coverage of the ethical
dilemmas involved in medical science and research.
• Accessible and jargon-free, this new edition uses clear language and
straightforward explanations to guide readers through ethical dilemmas.
• Cases for discussion at the end of each chapter help readers analyze
ethical problems and brainstorm possible solutions.
Philip C. Hébert
www.oupcanada.com Wayne Rosen
Oxford University Press is a department of the University of Oxford.
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Oxford University Press in the UK and in certain other countries.
Published in Canada by
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Copyright © Oxford University Press Canada 2020
The moral rights of the author have been asserted
Database right Oxford University Press (maker)
Every effort has been made to determine and contact copyright holders.
In the case of any omissions, the publisher will be pleased to make
suitable acknowledgement in future editions.
Title: Doing right : a practical guide to ethics for medical trainees and physicians / Philip C.
Hébert and Wayne Rosen.
Names: Hébert, Philip C., author. | Rosen, Wayne, 1961- author.
Description: Fourth edition. | Includes bibliographical references and index.
Identifiers: Canadiana (print) 20190051833 | Canadiana (ebook) 20190062037 |
ISBN 9780199031337(softcover) | ISBN 9780199034734 (loose-leaf) |
ISBN 9780199031344 (EPUB)
Subjects: LCSH: Medical ethics.
Classification: LCC R724 .H39 2019 | DDC 174.2—dc23
1 Ethics Matters 1
I. Great Expectations: Healthcare Professionals and Ethics 1
II. Four Ethical Principles and Questions 2
III. The Principles and Ethical Reasoning in Medicine 5
IV. Beyond Principles 9
V. The Hidden Curriculum 10
VI. Overcoming Obstacles to Ethics 12
Cases
1.1 To Prescribe or Not to Prescribe (resource allocation, justice,
professionalism) 2
1.2 “I’m Not Ready to Die!” (resource allocation, respect for autonomy) 8
1.3 A Risky Teaching Tool (professionalism, moral distress) 11
2.1 “You Have No Right to Touch Me!” (capacity, autonomy) 16
2.2 Silent Witness (confidentiality, beneficence, nonmaleficence) 19
2.3 The Worrier (beneficence, truthtelling, medical error, autonomy) 22
2.4 “Don’t Tell!” (confidentiality, truthtelling) 27
3.1 Hidden Trauma (confidentiality, truthtelling, cultural issues) 33
3.2 To Feed or Not to Feed? (autonomy, capacity, end of life, consent) 43
4.1 More Surgery Wanted! (autonomy, beneficence, cultural issues) 51
4.2 A Man Who Would Live on Eggs Alone (autonomy, beneficence) 54
4.3 Ligation Litigation (autonomy, consent, reproductive ethics) 58
4.4 “Don’t Touch My Arm!” (autonomy, consent, beneficence) 60
4.5 Tranquillizer Trap (autonomy, beneficence) 62
4.6 This Lady’s Not for Turning (autonomy, nonmaleficence) 64
5.1 A Simple Question (consent) 70
5.2 New Grads and Small Centres (consent, truthtelling) 74
5.3 How Not to Get Informed Consent (consent, autonomy) 77
5.4 “You’ll Be Back to Work in No Time!” (consent, autonomy) 80
5.5 What You Don’t Know Won’t Hurt You (consent, truthtelling) 81
6.1 A Dark Secret (truthtelling, consent) 87
6.2 “If I Had Only Understood” (consent, autonomy) 89
6.3 “Thanks but No Thanks!” (consent, capacity) 92
6.4 Ratcheting up the Rhetoric (consent, coercion) 94
6.5 “I Trust Ya, Doc” (consent, disclosure, autonomy) 98
6.6 “Stop the Test!” (consent, capacity, autonomy) 100
6.7 A Reflex Response (truthtelling, nonmaleficence) 105
7.1 The Shame of It All! (confidentiality, privacy) 108
7.2 Mum’s the Word (confidentiality, privacy, minors, autonomy) 110
7.3 A Favour, Please (confidentiality, privacy, professionalism) 112
7.4 “Just Email Me, Doc” (confidentiality, privacy) 115
7.5 For the Record (confidentiality, privacy) 118
7.6 A Pain in the Butt (confidentiality, privacy, limits of confidentiality) 125
8.1 “Talk to Me, Not My Daughter!” (autonomy, capacity) 131
8.2 A Questionable Consent (autonomy, capacity) 134
8.3 Whose Life Is It Anyway? (autonomy, capacity, withdrawal of
care, SDM) 140
8.4 An Odiferous Condition (autonomy, capacity, consent) 142
9.1 No Surgery Wanted (autonomy, beneficence, consent) 152
9.2 A Rush of Blood to the Head (autonomy, beneficence, consent) 154
9.3 Is There a Doctor in the House? (beneficence, professionalism) 157
x ✦ Cases
Why is there a need for a new edition of a textbook on ethics? Isn’t ethics con-
stant and enduring? The answer to this is, simply, no. Our attitudes to numerous
practices common in the past—such as slavery, racism, the sexual harassment of
women, 100-hour work weeks for medical interns, discrimination against gay and
transgender people, the untreated suffering of the terminally ill—have changed
dramatically 2.
In the 20 years since the first edition of Doing Right, medical ethics has con-
tinued to change and many questionable practices have withered away 3. This book
is intended to contribute in a small way to the ongoing evolution towards more
ethical medical practice.
Doing Right has been updated to include recent developments in bioethics and
jurisprudence. It represents the most comprehensive revision of the book to date.
In addition to new chapters on topics such as assisted dying and social media,
there have been substantial revisions made to other chapters as well.
All who work in healthcare must face difficult ethical issues, so we have in-
cluded cases affecting not only physicians but also other healthcare professionals
such as nurse practitioners, nurses, social workers, and trainees. Interprofessional
practice has become the new norm for healthcare. With that in mind, this text
has been written from the perspective of the well-intentioned healthcare profes-
sional, the good clinician, regardless of their focus. Although different healthcare
professionals will have different degrees of agency and responsibility for handling
dilemmas in clinical practice, the “right way” of doing so should reflect a common
professional point of view, as seen from those with an abiding commitment to the
healing enterprise. This is best arrived at by consensus and through critical inter-
professional discussion.
When a troublesome issue must be addressed, consider following three simple
steps:
• Look to the wisdom of others. Don’t try to make hard decisions alone.
• Be humble and admit you don’t know when you don’t know. Consider your
limitations and be open about them. No one can do or know everything.
• Turn to your best resource, the patient beside you. They may know more
than you realize.
Preface ✦ xiii
Remember that medicine, although a difficult enterprise, need not be a lonely one.
Dialogue and progress in ethical matters, as in medicine and society gener-
ally, may not require a common language. However, they do require allegiance to
the core and pre-eminent values requisite for all professions: a respect for human
dignity and a dedication to critical thought. Thus, the work to abolish—within
and across cultures—human bondage, female degradation, and child labour, as
well as the achievement of medical milestones, such as the eradication of smallpox
and soon polio and other viral plagues, are definitive indicators of progress. They
also result from recognition of our shared humanity and our ability to change.
This book will explore the commitment to these values and their implications for
medicine and society.
Ethics taps into the human penchant for regulation to transform and in-
creasingly moralize aspects of social life, such as healthcare. “Ethical rules are
‘advantage-reducing’ rules” 4, claims the less powerful can make against those with
more authority. They can reduce unfair advantages of the more powerful. At the
same time, they can enhance the position of the less well-situated, such as patients
and the public generally, giving voice to those heard less often and speaking truth
to power.
Ethical rules are well suited to challenging existing hierarchical or authori-
tarian systems. Rules and attitudes of showing respect for others, seeking consent,
abiding by confidentiality, and being honest attempt to level out what is an uneven
playing field. Together, ethics and the new information technologies, with their
emphasis on patient self-determination, transcend the secretive and paternalistic
Hippocratic ethos. They also give rise to new expectations of healthcare when the
old institutions are revealed to be inadequate to the tasks at hand. The point is
not to build an exceptionless ethical system—all ethical systems have fault lines
and limitations—but to better understand and more fully respond to the new and
emerging capacities made possible by healthcare. Advances in ethics, as in medi-
cine, are achieved by seeing the miscalculations and errors in our ways.
A final word about words. We shy away from thinking of “patients” as “con-
sumers,” “customers,” or “clients” of healthcare and instead think of them as
“partners” or “participants” in care. In our view, these “p-words” better capture
what healthcare is all about. Those we serve and try to help are unwell and vul-
nerable. They deserve protection as well as promotion. When travelling through
the unfamiliar country of illness, people do not want or need to feel boondoggled
and cajoled as if in a commercial marketplace. On the contrary, they need to feel
respected, cared for, and heard, not treated as a commodity.
Finally, morality is used interchangeably with ethics, although many would
use morality to refer to the local custom and ethos and ethics to refer to the critical
reflection on diverse practices. Medicine is used interchangeably with healthcare,
although the latter implies a broader scope of care.
xiv ✦ Preface
Acknowledgements
Unlike the previous editions, the fourth edition of Doing Right is the result of
a rich and fruitful collaboration between the original author (PCH) and Wayne
Rosen, a surgeon based at the University of Calgary. Both of us had our starts in
Philosophy at Queen’s University, clearly a department with a propensity for turn-
ing out medically minded philosophers (or philosophically minded physicians)!
Philip would like to express his gratitude to Wayne for his wisdom, hard work,
and patience. This edition would never have been completed without him. Wayne
would similarly like to express his gratitude to Philip. It has been an honour to
work with him on this project.
We both would like to express our extra special thanks to our editors at OUP
(Canada) and to Nancy Carroll of WordReach whose excellent editing hands
helped us navigate treacherous waters.
Insightful feedback and help came from a tremendous number of know-
ledgeable and supportive family, friends, colleagues, and students who read and
commented on portions of Doing Right. Thanks must go to Erika Abner, Pris-
cilla Alderson, Lisa Alexander, Peter Allatt, Sharone Bar-David, Cécile Bensimon,
Lenny Berlin, Carrie Bernard, Anne Berndl, Wendell Block, Ivy Cheng, Sara
Cohen, Eoin Connolly, Kristine Connidis, Chip Doig, Neda Ghiam, Rocco Gerace,
Mona Gupta, Janice Hébert, Paul Hébert, Jonathan Hellmann, Yiwei Hu, Ian
Jarvie, Hanna Jones-Eriksson, Kelly Jordan, Michael Kaufman, John Kingdom,
Eva Knifed, Peter Landstreet, Winnie Lem, Mary Rose MacDonald, Maria Mc-
Donald, Martin McKneally, Chryssa McAlister, Sue MacRae, Cliodhna McMul-
lin, Eric Meyer, Brian Murray, David Naimark, Florin Padeanu, Kathy Pritchard,
Daryl Pullman, Melanie Randall, Deb Selby, Norman Siebrasse, Laura Sky, Gavin
Smith, Robert Storey, Frank Wagner, Dick Wells, Shawn Winsor, Hilary Young,
and Rhonda Zwingerman. The errors and limitations of this book remain ours.
Wayne would like to also express his sincere appreciation to a number of
people at the University of Calgary who made his work on this project possible.
Sean Grondin and Elijah Dixon of the Department of Surgery supported and en-
abled a somewhat atypical sabbatical for a surgeon. Ron Bridges and the Univer-
sity of Calgary Medical Group provided much-appreciated financial support for
Wayne’s sabbatical. Wayne could also not have carried out this work without the
generous support of his surgical colleagues at the Peter Lougheed Centre in Cal-
gary, who took care of his patients and picked up the extra work while he was away.
It is a privilege to work with this special group of surgeons.
Not surprisingly, the biggest debts of gratitude we owe are to our spouses—
Victoria (herself a tireless editor and fierce grammarian) and Laurie—and to our
children—Neil and Raven, Ben and Sam. You have instructed us in more ways
than you can know and we can count. To paraphrase Marx, the educators must
themselves be educated 1, and we have been re-educated by your welcome critical
Preface ✦ xv
reflections and by your lessons from life. This has been not just an education of the
intellect, but also an education of our emotions—or our “sentiments,” as they were
once known 2. Without your unwavering support, forbearance, and suggestions,
this edition of Doing Right would not have been possible. We are indeed blessed
and fortunate to have you in our lives.
Philip C. Hébert, MD, PhD, FCFPC
Professor Emeritus
Department of Family and Community Medicine
University of Toronto
Toronto, Ontario, Canada
philip.hebert@sunnybrook.ca
Winter 2019
Introduction
A Revolution in Learning
Beside a peaceful pond in San Francisco’s Golden Gate Botanical Garden can be
found a bench with the following inscription: “You talk and I’ll listen.” Although
it’s not entirely clear what this really means, two doctors had dedicated it, so we’d
like to think it was meant for patients and doctors together: You [the patient] talk
and I [the doctor] will listen.
This is the starting point for the new journey any healthcare professional is
expected to take with patients. It begins with making the effort to understand the
patient’s world, an important instruction, given the number of studies suggesting
how time-constrained modern physicians are. At the bedside and in the office,
patients are given as little as 12 seconds to tell their story before physicians start
interrupting them 1. And then they keep on interrupting them . . . . No wonder
patients often feel they can’t get a word in edgewise (with the physician, anyway).
Traditionally, communication with nurses and other healthcare professionals has,
by contrast, been considered superior, but this may be changing—and not for the
better. Nurses too can be swamped with charting and computer work that can
erode their time with patients 2.
Our hurriedness undoubtedly contributes not only to the epidemic of error
but also to the dissatisfaction with modern medical care on the part of patients
and practitioners. (Of this, more later; see Chapter 10.) A partial remedy to this
problem has been suggested by one family doctor: “If there is one thing to learn, to
do really well as a physician, it is to listen. In the midst of the intensity of medicine,
the crises, the sadness and the everyday, and the wall of computer screens, always
listen to your patient. The patient will give you a better history if they see you are
listening” 3.
Good healthcare professionals have always known they need to learn a lot
more about their patients and their circumstances—their hopes, fears, dreams,
and nightmares—in order to most effectively help them. What has changed in
medical education is the more explicit emphasis on encouraging our ability to
elicit and respond to unique patient factors. In the midst of the hustle and bustle
of modern medical life, there is much to be said for paying attention—as well as
for self-reflection and for critical thought.
4 ✦ Doing Right
[to them] has increased worldwide over the past few decades.” 6 Therapies in
medicine, as we shall see in future chapters, all come at some cost to the wider
community.
Another important feature of this case is Mr M’s criticism of your expertise as
a clinician. The patient may have viewed you as uncaring, which does not augur
well for a therapeutic alliance. Rather than openly addressing the patient’s criti-
cism, the practitioner might be tempted to write him off as difficult and demand-
ing and ignore what are, from the patient’s perspective, legitimate concerns.
Box 1.2
Reflecting on ethics goes back thousands of years, but the most influential
modern theorizing about ethics began in the 1960s, the era of modern trans-
formative medicine. A number of high-level reports from American Presidential
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