by Victoria Toh
In the medical world,
the constant challenge of what is morally right and the ethics behind each
choice you make as a doctor is a hot topic within the news. To help with these
sticky situations, the NHS has published four ethical pillars to aid these decisions;
beneficence, non-maleficence, autonomy and justice. In short summary;
beneficence is to work for the patients most benefit, non-maleficence is to do
no harm to the patient or others in society, autonomy gives the patient the
sole decision-making and justice, to provide a fair distribution of resources
and equal access. These four NHS pillars of ethics help to provide a guideline
to approaching a situation but there are times where these same principles lock
you into a nail-biting dilemma. A case recently in the news has shown just how
complex these principles are when choosing what to do.
The case challenges
the duty of care versus patient confidentiality and has been brought to hearing
to The High Court in London. The hearing hopes to clarify the duty of doctors
to disclose confidential information about a patient’s hereditary disease to
relatives. The woman involved, who had accidentally learnt of her father’s
Huntington’s disease, is suing three NHS trusts for not passing the information
to her. She claims that had she had
known earlier, she would have aborted her child. Later testing found that she
had the gene for Huntington’s disease and her daughter, not tested yet, has a
50% risk of inheriting the gene. This fatal disorder which damages nerve cells
in the brain usually shows symptoms and develops between the age of 30 and 50.
The woman is currently in her 40s. From this, she told the court ‘the future is
absolutely terrifying’, posing the question of whether the doctors were wrong
to not tell her.
The father who passed
away from this disease was the one who had refused to tell his daughters and
told the doctors not to pass on the information of his disease. He was
frightened that his daughter may have got upset or aborted the child. The
doctors were challenged upon the patient’s autonomy to respect his decision and
his confidentiality or whether to break this and tell his daughter, who is now
suffering from this condition. The
claimant is suing the trusts for more than £300,000 for damages and claims that
the doctors should have told her of the condition that affects both her and her
daughter even though she is not a patient. Her case was originally thrown out
by the High Court Judge but later decisions overturned and ruled the case to go
ahead. Faced with the challenges of respecting a patients decision and the
competing to tell the people that may be affected, this case shows just how
difficult ethics is and that there is almost no correct way. In this case, the
woman and her daughter’s quality of life and wellbeing should have been
considered as they were to be the most affected from this discovery of the
condition and whether this outweighs the father’s decision is questionable but
most will probably agreeable. There has been no further advancement thus far
but the complexities of this sensitive issue in respect to the duty of care and
confidentially has rocked the medical ethics principles and questioned the
current system and structure in place.
Are they wrong for not
telling her?
To read the full
article: https://doi.org/10.1136/bmj.l6600
Comments
Post a Comment
Comments with names are more likely to be published.