© Springer-Verlag Berlin Heidelberg 2014
Ahmed Ammar and Mark Bernstein (eds.)Neurosurgical Ethics in Practice: Value-based Medicine10.1007/978-3-642-54980-9_1919. Training of Neurosurgeons
(1)
Division of Neurosurgery, Department of Surgery, Institute of Medical Science, University of Toronto, 399 Bathurst Street, Toronto, ON, M5T 2S8, Canada
(2)
Division of Neurosurgery, Toronto Western Hospital, University of Toronto, 399 Bathurst Street, Toronto, ON, M5T 2S8, Canada
19.1 Introduction
Patients undergoing neurosurgical procedures are often faced with the added stresses of navigating health-care systems. Since neurosurgical conditions are usually complex and affect multiple organ systems, patients with such diagnoses often meet numerous specialists that may be involved to varying extents in their care. Additionally, given that a large proportion of neurosurgical care occurs in large tertiary and quaternary teaching centers, patients are likely to interact with trainees during the course of their clinical care. These interactions have been the subject of considerable recent interest and research.
While trainees play a significant role in their care, patients are often uncertain about their roles and responsibility. This raises ethical concerns regarding informed consent, adequate disclosure, and truth-telling, as it pertains to the patients’ rights to self-determination and autonomy. Furthermore, conflicts may arise if patients are hesitant toward the involvement of trainees in their care, which raises questions regarding the rights of trainees as both practitioners and learners and can erode the practice of value-based medicine. The most responsible or senior surgeon must often balance seemingly competing obligations as the patients’ primary care giver and the trainees’ teacher or mentor. These ethical tensions in neurosurgery training have been articulated before (Bernstein and Knifed 2007). The current chapter explores the interaction between patients and trainees, particularly pertaining to the rights of each party in the setting of a teaching hospital. The relevant literature is reviewed and an approach for ethical conflict resolution is presented.
19.2 Illustrative Case (Patient’s Request for Resident Not to Operate)
A patient with a newly diagnosed brain tumor presents to the clinic and is seen by a staff neurosurgeon and a resident. Following a thorough discussion of the risks and benefits of surgery, the patient agrees to undergo awake craniotomy with intraoperative mapping for maximal safe tumor resection. The resident is particularly interested in learning intraoperative mapping methods. Before the patient signs the consent form, she asks whether the resident will also be involved in the operating theater. The patient is apologetic, yet adamant that she does not want “students” to be involved during the procedure. How do the neurosurgeon and resident respond to the patient? Who should be involved in the patient’s care going forward?
19.3 Approach to the Case
Patients have an inalienable right to autonomy and self-determination during their clinical care. Surgical treatment can only proceed with their informed consent, which requires capacity, voluntariness, and a lack of undue influence. In contemporary health-care systems, physicians have a responsibility not only to state the risk and benefits of procedures but also to speak truthfully. Truth-telling encompasses directness and clarity regarding all aspects of the patient’s care, including disclosure of those individuals who are expected to be involved. Neurosurgeons also have a fiduciary obligation to ensure that the procedure is performed safely and without unnecessary risk to patients.
These aforementioned goals must also be achieved without compromising trainee education. Societies have a moral obligation to train competent surgeons for the care of future patients, and technical expertise is best acquired through practice. Although good patient care and resident training are rarely dichotomous goals, the illustrative case demonstrates an instance where a conflict emerges between the rights of patients and the rights of trainees.
It has been previously shown that patients do not often understand or appreciate the role of trainees in the day-to-day operation of a neurosurgical service (Knifed et al. 2008a). The majority of conflicts between the rights of patients and those of trainees arise from failures to effectively communicate, evidenced by the fact that residents often believe that patients are not well informed about their role in their care (Knifed et al. 2010). Since patients are more accepting of trainees if they are better informed of their role and involvement earlier in their care, the attending neurosurgeon should introduce the importance of the residents’ responsibilities during presurgical consultations. Even the most hesitant patients often understand that surgery cannot be performed without a team of dedicated health-care workers, including trainees and surgical assistants.
Pearl
Good patient care and trainee education are rarely dichotomous goals. The majority of conflicts between the rights of patients and those of trainees arise from failure to effectively communicate.
19.4 Discussion
19.4.1 Rights of Patients
The recognition of the rights of patients to make their own decisions regarding their care has evolved significantly over the last several decades. Currently, patient rights comprise an important area of medical bioethics and are enshrined in laws, policies of professional societies, and hospital codes of conduct. The current discussion will focus on three central aspects of patient rights in relation to their interaction with trainees. First, we review the concept of autonomy, a central principal of medical bioethics. This pertains to patients’ right to directly consent to their care and play an active role in all aspects of their treatment. Second, we provide a discussion of truth-telling and the rights of patients to not be deceived. Finally, the right of patients to receive high-quality care and evidence surrounding trainee safety are reviewed.
19.4.1.1 Autonomy: Relational Rather than Absolute
In 1947, the Nuremburg trial established that patients must consent to procedures being performed on their person and established autonomy as one of the major pillars of contemporary medical bioethics (Shuster 1998). Autonomy refers to the right of a capable individual to make decisions regarding their care free of coercion or influence. The concept of autonomy is essential to the practice of medicine and the conduct of surgical procedures.
A traditional view of autonomy holds that capable individuals should be informed of all options, alternatives, and perceived benefits and risks, thereby allowing them to reach informed decisions regarding their personal care. Practically speaking, this discussion is affected by cultural, social, and personal considerations. For instance, some patients do not wish to be informed of material risks associated with a given neurosurgical procedure.
A “relational” view of autonomy has been proposed, whereby the treating surgeon must acknowledge and take into consideration the patient’s internal moderating factors that affect his/her autonomy (Sherwin 1988). While a capable patient has the right to make decisions regarding his/her personal care, various moderating variables may affect this decision. For instance, numerous factors may be involved in a patient’s reluctance to include trainees in their medical care. Preoperative stress about the surgical procedure may make the patient hesitant about the involvement of less experienced individuals, previous encounters with medical errors may render the patient more suspicious of medical systems, or the patient may originate from a country or region with a strict hierarchical health-care system where being treated exclusively by a senior surgeon is highly desirable. Alternatively, a lack of knowledge about the integral role of trainees in the daily operation of hospitals may result in a belief that their presence is superfluous or that they are only there to learn, rather than contribute to the patient’s care.
Indeed, many of these factors are related to socioeconomic, cultural, and geographic factors beyond the information received by the patient, irrespective of how adequate or comprehensive. A patient from a rural setting, for example, may have had less exposure to trainees and may be unfamiliar with their role in clinical care. Attitudes toward trainees may also differ by culture and age. The level of knowledge of resident involvement in clinical care is low among patients in general to start with (Knifed et al. 2008a). Interestingly, residents themselves have also reported feeling as though patients were rarely well informed about their roles (Knifed et al. 2010). The partnership between the neurosurgeon and the patient may therefore have a role in affecting the individual patient’s autonomous decision to have trainees involved in his/her care. Information presented to patients regarding the involvement of trainees in their care should be placed within the individual patient’s contextual and relational understanding.
Pearl
A “relational view” holds that many moderating factors affect patients’ ability to reach a decision autonomously. Information given to patients regarding the involvement of trainees in their care should be presented in the context of their internal moderating factors.
19.4.1.2 Truth-Telling: A Bidirectional Process
Although the concept of truth-telling has evolved over the last several decades, it is a self-evident statement that patients deserve to be told the truth. Deception, however, often occurs in clinical settings, although the vast majority of deceptive acts are not self-serving (Everett et al. 2011; Yu and Bernstein 2011). For example, a substantial proportion of medical residents were found to be willing to deceive insurance companies for additional patient benefits (Everett et al. 2011). Germane to the current discussion, it has been previously found that surgeons do not often voluntarily inform patients about the involvement of residents in their operation (Knifed et al. 2008b).
Truth-telling is a bidirectional process aimed at empowering patients to navigate their illness. The evolution of truth-telling is perhaps most apparent in the field of neuro-oncology. Whereas in 1961, most physicians did not reveal a cancer diagnosis to patients (Oken 1961); by 1979, only 2 % reported that they would withhold such information (Novack et al. 1979). Patients are also increasingly empowered to play an active role in directing their medical treatment. The globalization of information and greater awareness of the organization and hierarchical structure of hospital-based medicine, via the internet, or even medical dramas on television, have provided patients with greater insight into the involvement of trainees in routine care. Greater dissemination of information has also empowered patients to critically appraise all aspects of their care, including the involvement of trainees.
The question remains to what extent disclosure of trainees’ roles to patients is important, as it has been previously deemed inconsequential by treating physicians. A qualitative study of patients undergoing brain tumor surgery demonstrated that patients generally prefer to know exactly what the physician knows, even if it may be seemingly inconsequential to their care (Yu and Bernstein 2011). As a component of truth-telling, it should be explained to patients that trainees play an important role in their surgical and postsurgical care. Their involvement throughout the patient’s illness should be emphasized to facilitate the strengthening of the therapeutic resident-patient relationship. This is particularly relevant as it has been previously shown that patients consider direct communication with the surgeon postoperatively as very important (Rozmovits et al. 2010) and patients are likely to frequently encounter trainees in their postoperative care.
19.4.1.3 Safety: An Uncompromising Necessity
One uncompromising feature of health-care systems is to deliver the highest quality care. Certainly, the foremost concern for patients is their underlying diagnosis and its safe treatment. Conflicts may arise between patients and trainees if the former view the latter as a threat to their safety. Patients who hold such views are, however, a small minority. Studies have consistently shown that patients generally view the care provided by trainees favorably (Resnick et al. 2008; Stewart et al. 2011). In fact, patients often perceive trainees as reliable sources of information and have problematic relationships with residents if they are perceived as inaccessible or lacking communication skills (Boutin-Foster and Charlson 2001; Ruiz-Moral et al. 2006).