9.1 Introduction
Perhaps no other specialty area demands as great a need for knowledge of ethics as psychiatric medicine. The emotionally charged interpersonal process that often plays such a key role in psychiatric treatment necessitates a unique and generally more stringent ethical system than the basic principles of medical ethics. Psychiatric patients are especially vulnerable during treatment, to such an extent that the ethical character of the clinician has a unique and powerful potential to help or to harm our patients. The clinician must conduct accurate assessments, plan carefully, implement competent interventions, identify measurable outcomes, and work within the interdisciplinary process. While doing so, the clinician also must ensure that his or her practices meet professional standards, legal mandates, and ethical guidelines.
The goal of this chapter is to discuss ethical principles relevant to the practice of psychiatric medicine. It addresses basic and evolving rights of patients and addresses ethics as basic and obvious moral truths that guide deliberation and action when providing care to people with psychiatric disorders and discusses ethical considerations for the community psychiatric clinician. Finally, the chapter discusses the importance of professional boundaries when working in therapeutic relationships with patients. The discussion provided is by no means comprehensive and interested clinicians are encouraged to seek more in-depth material from the sources suggested at the end of this chapter.
Ethics are principles that serve as codes of conduct about right and wrong behaviors to guide the actions of individuals. Although there are universal ethics, such as respect for others, ethics are often tailored for a specific professional culture. Psychiatric clinicians should understand ethical theories and use ethical principles to guide their decisions about patient care. They must clarify their own ethical beliefs and then combine their ideas with professional ethical principles to develop sound ethical decisions. By working to enhance their own positive character traits, psychiatric clinicians improve their potential to be able to be helpful. Positive character virtues that are likely to enhance the effectiveness of mental health professionals include respect for confidentiality, veracity, prudence, warmth, sensitivity, perseverance, patience, and generosity.
Ethical practice as a way of life focuses on interpersonal relationships and involves not only caring for but also caring about patients.
Responsibility and accountability are additional components of ethical practice. In addition to the universal principles of respect and responsibility, several other principles guide clinicians and other healthcare professionals in ethical decision making. They include autonomy, beneficence, paternalism, veracity, fidelity, and justice. As clinicians interact daily with patients, they make many ethical decisions and they must take full responsibility and accountability for his or her ethical decision-making. Such responsibility requires a code of ethics.
Most of the professional mental health workforce organizations have established codes of ethics that provide broad guidelines for mental health practitioners. The common factor in all codes is that the highest ethical priority is the well-being of the patient. The objectives of the mental health ethical codes include: (1) educating their associated workforce in sound ethical conduct; (2) providing a mechanism to ensure professional accountability, and (3) serving as a catalyst to improve practice. The primary purpose of the codes is to safeguard patient welfare. The six basic principles of medical ethics are summarized in Table 9.1.
Principle | Description |
Autonomy | Respecting the patient’s independence and right to make decisions |
Beneficence | Applying one’s professional abilities to patients’ well-being |
Confidentiality | Respecting patients’ privacy |
Justice | Equitableness in providing care regardless of patients’ idiosyncrasies, background, or station in life |
Non-maleficence | Avoiding doing harm to patients |
Veracity | Exhibiting systematic behavior of honesty and truthfulness with oneself and with one’s patients |
Ethical codes and principles are derived from and embodied or articulated in three sources: law, religion, and professional associations. Ethics and law are related but not synonymous. Each nation has a legal system that attempts to embody ethical principles in the creation and interpretation of the law. But not every legal mandate is necessarily consistent with medical ethics and not every ethically supportable course of conduct is codified in law or legislation (see Chapter 10).
Many ethical decisions that confront practitioners have their roots in religion. Many contemporary issues including termination of pregnancy, refusal of treatment, and others are guided by patients’ religious beliefs. Practitioners should be aware of these and the tensions that might inevitably arise when a patient’s religious belief conflicts with ethical behavior on the part of the professional.
9.4 Ethical Behavior of Psychiatric Physicians
Worldwide, the basic ideas of Hippocratic ethics are the cornerstone of professional behavior and the nucleus of subsequent ethical codes. Those are:
- Declaration of Geneva: (1948, amended in 1968) Adopted by the General Assembly of the World Medical Association (WMA), the Physician Oath seems to be a response to the atrocities committed by doctors in Nazi Germany. This oath requires the physician to “not use [his] medical knowledge contrary to the laws of humanity.”
- Nuremberg Code: The judgment by the war crimes tribunal at Nuremberg laid down 10 standards to which physicians must conform when carrying out experiments on human subjects. The code articulated the requirement of voluntary informed consent of human subjects, recognized that risk must be weighed against expected benefits, and that unnecessary pain and suffering must be avoided. The principles of the Nuremberg Code have been incorporated into all codes of general medical ethics.
- Declaration of Helsinki: Developed by the World Medical Association as a statement of ethical principles for medical research involving human subjects, including research on identifiable human material and data.
- Declaration of Madrid: Specific declaration on standards for psychiatric practice developed by the World Psychiatric Association (WPA). The first of these was the Declaration of Hawaii in 1977. Currently all 130 societies of the WPA have adopted the Declaration of Madrid and abiding by the declaration is a prerequisite for joining the WPA. Elements of the Declaration of Madrid are summarized in Boxes 9.1 and 9.2.
Box 9.1 Summary of Declaration of Madrid
Physician must:
- Offer best treatment available
- Provide for least freedom-restrictive intervention
- Seek advice from experts when needed
- Advocate for equitable allocation of health resources
- Be familiar with scientific developments
- Assure that free and informed decisions are made
- Promote legal rights and human dignity
- Provide no treatment against a patient’s will (unless there is a danger to life)
- Provide for informed consent for treatment based on findings of psychiatric assessment
- Maintain confidentiality (breach only when patient or third party is in danger)
- Research must be:
- Approved by ethics committee
- In keeping with scientific rules
- Conducted by trained individuals
- Respectful of patient’s autonomy and integrity.
- Approved by ethics committee
Box 9.2 Guidelines Regarding Special Situations
- Euthanasia
- Duty is protection of life
- Decisions of patient may be distorted by mental illness
- Duty is protection of life
- Torture
- No participation under any circumstances
- Death penalty
- No participation in assessment of competency for execution
- Selection of sex
- No participation in decisions to terminate pregnancy for reasons of sex selection
- Organ transplantation
- Ensure informed decisions and self-determination
- Psychiatrists addressing the media
- No pronouncements on presumed psychopathology
- Represent profession with dignity
- Present research findings with awareness of their possible impact
- No pronouncements on presumed psychopathology
- Ethnicity and culture
- No discrimination
- Genetic research and counseling
- Awareness of impact of genetic information
- Genetic counseling respectful of patients’ value system
- Awareness of impact of genetic information
- Protection of the rights of psychiatrists
- Protection of the right of psychiatrists to live up to the obligations of their profession
- Protection of the right of psychiatrists to practice at the highest level of excellence
- Protection of the rights of psychiatrists to not be abused by
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- Protection of the right of psychiatrists to live up to the obligations of their profession