Ethical and Medicolegal Issues

and Jeffrey R. Strawn2



(1)
Department of Psychiatry and Child Psychiatry, Cincinnati Children’s Hospital Medical Center, Cincinnati, Ohio, USA

(2)
Department of Psychiatry and Behavioral Neuroscience, University of Cincinnati, Cincinnati, Ohio, USA

 



Abstract

Ethical and medicolegal issues are an inherent part of difficult psychiatric consultations and, as we have illustrated, create special challenges for the consulting psychiatrist working with both pediatric [Ascherman and Rubin (Child Adolesc Psychiatr Clin N Am 17:21–35, 2008)] and adult populations [Arras and Steinbock (Ethical issues in modern medicine, Mayfield, 1998); Gutheil et al. (J Am Acad Psychiatry Law 33(4):432–436, 2005)]. Among the key issues which must frequently be addressed include: autonomy , nonmaleficence , beneficence , and justice . Additionally, the consulting psychiatrist should be savvy regarding the state laws related to involuntary hospitalization as well as the process by which this occurs. Finally, it is critical for the consulting psychiatrist working with the difficult psychiatric consultation to have a strong working understanding of confidentiality , privilege , and the limits limitations of these concepts.


Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws

—Plato (427–347 bc)


This chapter will address ethical and medicolegal issues that are particularly relevant to complex psychiatric consultations and that create special challenges for the consulting psychiatrist working with both pediatric (Ascherman and Rubin 2008) and adult populations (Arras and Steinbock 1998; Gutheil et al. 2005). Ethical and medicolegal concerns are common sources of anxiety, estrangement, and conflict among the involved parties and may delay or complicate a patient’s treatment. Below, we will briefly review the four basic ethical principles—autonomy , nonmaleficence , beneficence , and justice —and will then describe specific ethical considerations relevant to consultation or care for the complex psychiatric patient, including confidentiality , privilege , and dual relationships . We will also review relevant medicolegal issues, including consent and assent, limits of confidentiality, and involuntary hospitalization .


6.1 A Brief History of Ethics in Medicine


As early as 500 bc, during the era of Hippocrates (Fig. 6.1), Greek physicians began to establish ethical codes, which were written officially as the Hippocratic Oath (Table 6.1, Edelstein 1967; Majumdar 1995). Widely used by medieval physicians, this oath emphasized the physician’s power to heal and the need for the physician to be free of malice and aggression. Furthermore, the Hippocratic Oath enumerated the ethical obligations and duties that the physician had to the patient and created an expectation of confidentiality . Reflecting on the Hippocratic Oath, the sociologist Margaret Mead (1901–1978) noted that “the code clearly separated the physician from the sorcerer or shaman who had the power to both harm and cure” (Schetky 2007). Over the last two millennia, there have been significant advances in the understanding of ethical principles and additional “codes of ethics,” including some that speak directly to the ethical dilemmas of psychiatrists, such as the American Psychiatric Association Code of Ethics, the American Medical Association Principles of Ethics with Special Annotations Applicable to Psychiatry (American Psychiatric Association 2009), and the American Academy of Child and Adolescent Psychiatry Code of Ethics (2009).

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Fig. 6.1
Hippocrates National Library of Medicine



Table 6.1
The Hippocratic oath























I swear by Apollo, the healer, Asclepius, Hygieia, and Panacea, and I take to witness all the gods, all the goddesses, to keep according to my ability and my judgment, the following oath and agreement.

To consider dear to me, as my parents, him who taught me this art; to live in common with him and, if necessary, to share my goods with him; to look upon his children as my own brothers, to teach them this art; and that by my teaching, I will impart a knowledge of this art to my own sons, and to my teacher’s sons, and to disciples bound by an indenture and oath according to the medical laws, and no others.

I will prescribe regimens for the good of my patients according to my ability and my judgment and never do harm to anyone.

I will give no deadly medicine to any one if asked, nor suggest any such counsel; and similarly I will not give a woman a pessary to cause an abortion.

But I will preserve the purity of my life and my arts.

I will not cut for stone, even for patients in whom the disease is manifest; I will leave this operation to be performed by practitioners, specialists in this art.

In every house where I come I will enter only for the good of my patients, keeping myself far from all intentional ill-doing and all seduction and especially from the pleasures of love with women or men, be they free or slaves.

All that may come to my knowledge in the exercise of my profession or in daily commerce with men, which ought not to be spread abroad, I will keep secret and will never reveal.

If I keep this oath faithfully, may I enjoy my life and practice my art, respected by all humanity and in all times; but if I swerve from it or violate it, may the reverse be my life.


6.2 The Ethical Principles



Autonomy


The term autonomy originates from the Greek roots “self” and “rule” and, when applied to the medical sphere, registers a patient’s right to self-determination. This principle derives from the societal respect for an ill individual who is making an informed decision regarding treatment (or refusing treatment). Further, the concept of autonomy underlies the increased use of advance directives (written instructions, such as a living will or durable power of attorney , which provide direction if the patient’s decision-making capacity is impaired) in today’s practice of medicine, including psychiatry. As will be discussed later in this chapter, the psychiatric consultant is frequently asked to evaluate a patient’s capacity to make decisions regarding treatment, especially as the cognitive processes underlying that capacity can be impaired by various neuropsychiatric conditions (e.g., dementia, delirium , intoxication, schizophrenia, etc.). As such, this evaluation directly relates to the ethical principle of autonomy . However, unless a clear advance directive from the patient, prior to illness, exists, he will generally be treated in accordance with his best interests, an ethical issue relating to the balance of autonomy and beneficience (discussed below).


Beneficence


Beneficence refers to the physician’s obligation to help others and to promote the patient’s welfare. In other words, this ethical pillar directs treating physicians, treatment-team members, and consultants to act in the best interests of their patients, and considers that patients—because of medical or psychiatric conditions—represent a particularly vulnerable group who rely on the physician’s guidance. This principle further requires physicians to “put the interests of their patients ahead of their own or those of third parties, such as insurers or managed care organizations” (Pantilat and Lo 2005).


Nonmaleficence


This ethical principle is derived from the Latin primum non nocere , or first, do no harm, and stems from the Hippocratic Oath , which states, “I will use treatment to help the sick according to my ability and judgment, but I will never use it to injure or wrong them” (Schetky 2007). Nonmaleficence serves to remind physicians and treatment-team members to carefully consider the adverse effects associated with treatments and is commonly seen as a corollary to beneficence .


Justice


Simply put, justice guides the physician in how to treat “similarly situated patients similarly and [to] allocate resources fairly” (Pantilat and Lo 2005). This principle ensures that patients receive equal care regardless of demographic, sociocultural, economic, and psychological differences. To assure that actions are “just,” interventions should be based on standards of care that can be applied to society as a whole. This principle is also of relevance in our current economy, as many facilities and hospitals face limited healthcare resources, bringing to bear the necessity of practicing cost-effective medicine.

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Dec 3, 2016 | Posted by in PSYCHOLOGY | Comments Off on Ethical and Medicolegal Issues

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