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Joseph Collins argues, that physicians “must frequently withhold the truth from their patients, which is tantamount to telling them a lie” (p 192).
The withholding information from a patient is equivalent to lying. The argument or question of concern is whether doctors are obligated to tell the truth. Further, is omitting or withholding information from the client a means of lying?
Many physicians are faced with the decision of how much information they tell their patient. In Collins article, he discusses how a physician is faced with the dilemma of evaluating how the information will affect the progress or outcome of their patients. Today, this same issue is being addressed, as well as from the view of a consumer regarding violation of their rights. Advancement in technology and threats of malpractice lawsuits are increasing.
Collins argument strategy is that physicians are considered an expert and a professional in their field of study. Therefore, physicians, have the right to withhold or not share certain information if it would cause harm. Supporting cases for withholding the truth were cited by Collins as the correct option to choose based on benefits of the patients outcomes.
For example, if the outcomes would affect the patient negatively like causing anxiety or suicide, then
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it would be right to withhold the information. Opposing Collin’s argument strategy, Kant’s theory implies that lying is morally wrong.
If the maxim was used to determine the answer, then the question being considered would be, is it right for doctors to lie to their patient if it is in the patient’s best interest. If this maxim was accepted by everyone, then the patients would lose trust and not believe physicians. Therefore, applying Kant’s theory would make it wrong for a physician to lie by withholding information to the patient. Further, the Kant theory supports that lying affects the ethical issues regarding a person’s autonomy. The physician who withholds information is being disrespectful to the
patient. The physician is being paid for services similar to other professional services, such as dentists or pharmacists. If other professional services, like pharmacists, withhold information from their customer then trust will be lost. The physician who withholds information would risk losing a patient’s trust, as well as depriving a person of having adequate information for decision making. In addition, to Kant’s theory, fiduciary and autonomy need to be considered when reviewing the responsibility of the physician. The trust component between the patient and the physician is referred to as fiduciary. Patient’s autonomy regarding the right to decide and to make a good decision is based on truthful information. Someone may be an expertise in their field of study, but they cannot always be able to predict a patient’s reaction to information. I feel there are many ethical challenges that physicians face in health care today. The ethical issue regarding physicians withholding information about the patient can have a positive or negative impact on the patients. The physicians are professionals and expertise in their field, however, I don’t feel that withholding or lying to the patient is acceptable even if there are negative outcomes. I think that the physician is ethically obligated to tell the patients the truth; informing the patient on their health conditions can inform them on their options and how to proceed further for treatment. Telling the truth supports an ethical principle of autonomy as well as the physician’s role as a fiduciary.
Cullen and Klein understand that deception is wrong and disrespectful to the patient but criticize that some cases are more complicated and not so black and white. They argue that physicians should be able to withhold information that can significantly benefit the patient. The key part is that the benefit is greater than what the deception causes.
One of the most complex, ever-changing careers is the medical field. Physicians are not only faced with medical challenges, but also with ethical ones. In “Respect for Patients, Physicians, and the Truth”, by Susan Cullen and Margaret Klein, they discuss to great extent the complicated dilemmas physicians encounter during their practice. In their publication, Cullen and Klein discuss the pros and cons of disclosing the medical diagnosis (identifying the nature or cause of the disease), and the prognosis (the end result after treating the condition). But this subject is not easily regulated nor are there guidelines to follow. One example that clearly illustrates the ambiguity of the subject is when a patient is diagnosed with a serious, life-threatening
Collins argument was for doctors to act in paternalistic lies. Paternalistic lies are lies that are told in someone best interest. A lot of times this act occurs between parents and children. The fact of the matter is this applies in the same way. As a medical professional doctors are believed to be in the right almost all the time, which is why patient try to follow doctors advice. In Lying and lies to the Sick and Dying by Sissla Bok, Bok argues it is not all right to lie
A basic definition of confidentiality is that information about a patient is not discussed openly (Edge and Groves, 2007). This ethical principle became an issue when the government gave medical facilities lists of people who were in the study. Again, the patients were not informed that they would not be able to
“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi & Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or treatment is a violation of HIPAA. “All PHI is included in the privacy requirements for example: the patient’s past, present or future physical or mental health or condition; the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual” (Buck, 2011). Other identifiable health information would be the patient’s name, address, birth date and Social Security Number (Keomouangchanh, 2011). (Word count 197)
In “Should Doctors Tell the Truth?” Joseph Collins argues for paternalistic deception, declaring that it is permissible for physicians to deceive their patients when it is in their best interests. Collins considers his argument from a “pragmatic” standpoint, rather than a moral one, and uses his experience with the sick to justify paternalistic deception. Collins argues that in his years of practicing, he has encountered four types of patients who want to know the truth: those that want to know so they know how much time they have left, those who do not want to know and may suffer if told the truth, those who are incapable of hearing the truth, and those who do not have a serious diagnosis (605). Collins follows with the assertion that the more serious the condition is, the less likely the patient is to seek information about their health (606).
...f utilitarian calculus might indicate that there is something wrong with utilitarianism, since a morally correct action can sometimes go against our conscience, and Mill has called conscience the foundation of morality. This is interesting, because it raises the question of whether we will ever have a moral theory that works in all cases. I believe that human nature is too complex for any consistent moral theory to be written down on a few pages. Perhaps a philosopher might come to do that someday. However for now, questions of morality such as whether lying is permissible should be answered by Kant’s moral theory. In cases where Kantianism cannot supply an answer, likely there is no other moral theory that can. Some questions, under some circumstances, must sometimes remain unanswerable—whether for the greatest good or happiness, or because of our respect for duty.
Truth in medicine is a big discussion among many medical professionals about how doctors handle the truth. Truth to a patient can be presented in many ways and different doctors have different ways of handling it. Many often believe that patient’s being fully aware of their health; such as a bad diagnosis, could lead to depression compared to not knowing the diagnosis. In today’s society doctor’s are expected to deliver patient’s the whole truth in order for patients to actively make their own health decisions. Shelly K. Schwartz discusses the truth in her essay, Is It Ever Ok to Lie to Patients?. Schwartz argument is that patients should be told the truth about their health and presented and addressed in a way most comfortable to the patient.
Should doctors tell the truth to their patients? How much information should the patient know about a certain ill or operation? These controversial questions are asked more frequently in our society. Patients nowadays,. are very sensitive to certain diseases more than before. This paper argues against telling the truth in doctor-patient relationship. Not by defending the idea directly but, by presenting first how truth can be harmful to the patient and by giving Higgs’ objection to it, then by giving my own objection to Higgs’ argument.
2. When should the patient be advised of the existence of computerized databases containing medical information about the patient?
Doctors, hospitals and other care providers dispute that they should have access to the medical records and other health information of any patient citing that they need this information to provide the best possible treatment for proper planning. Insurers on the other hand claim they must have personal health information in order to properly process claims and pay for the care. They also insist that this will provide protection against fraud. Government authorities make the same arguments saying that in providing taxpayer-funded coverage to its citizens, it has the right to know what it is paying for and to protect against fraud and abuse. Researchers both medical and none nonmedical have the same argument saying that they need access to these information so as to improve the quality of care, conduct studies that will make healthcare more effective and produce new products and therapies (Easthope 2005).
One day while doing his job, a physician used a used swab that was possibly infected with HIV on another patient. When looked at by certain people, the doctor did the correct thing by telling his patient that he roused a swab on him/her. However, the chances of this patient getting HIV was substantially low, and he should have waited for the patient to develop symptoms, which would have been rare, before telling the truth. As stated by Michael Greenberg, “he might have done better by keeping his mouth shut.” If the doctor did lie, he could have lied to protect himself, the quality of life of the patient, and his ability to help others with their lives. If he had not told the patient that he used the swab on him/her, he/she would not have had to live in fear of getting HIV. Because of this decision of truth telling, the doctor lost his job, money, confidence, and also affected someone’s quality of life.
...y is not absolute and that the disclosure and justification of some individuals cases can potentially be successful. Moreover the person who disclosed the information will always be the person under scrutiny of the common law. Professionally, if the health care worker adhere to the policy it offers much protection for the topic of confidentiality and the correct attitude to retain information correctly.
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...
The sixth ethical issue arises when the client is denied access to his medical chart. Currently, HIPPA (2006) grants clients access to their medical records. An exception to this is if the information contained within the medical records is “reasonably likely” to cause harm to the client (HIPPA, 2006; APA, 2002). The records were unlikely to cause harm to the patient and, therefore, the client should have had access to them.