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191110P - HOW TO RESOLVE ETHICAL ISSUES IN PRACTICE

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Presentation at a Clinical Ethics Course held at Princess Nourah bint Abdulrahman University, Riyadh on 10 November 2019. By: Professor Omar Hasan Kasule Sr. MB ChB (MUK). MPH (Harvard), DrPH (Harvard) Chairman of the Ethics Committee King Fahad Medical City.

 

THE LEARNING OBJECTIVES / OUTCOMES:

}  Understand the methods and processes of clinical ethics consultation.

}  Analysis of case scenarios with ethical dilemmas.

 

WHAT IS AN ETHICAL DILEMMA?:

}  A problem with two or more competing solutions.

}  No fixed or unanimous rules and regulations.

}  Whatever solution is adopted has practical, ethical, and legal implications.

 

ASK YOUR HEART?:

}  Humans were created with the innate ability to feel ‘right’ from ‘wrong’ – ask your heart first.

}  In most cases the rational = the moral.

}  In a few cases human rationality fails and higher moral guidance needs to be invoked.

 

AUTHORITATIVE SOURCES: AT THE NATIONAL/INTERNATIONAL LEVELS:

}  The Mufti of the Kingdom of Saudi Arabia and the Grand Ulama Authority.

} The Fiqh Academy of the Organization of the Islamic Conference.

}  The Fiqh Academy of the World Muslim League.

}  Other Fiqh Academies.

 

AUTHORITATIVE SOURCES: LOCAL LEVEL:

}  Ethics Committee in the Hospital

}  Local Scholar or religious guide

 

EXISTING LAWS AND REGULATIONS:

} Code of Medical Ethics by the Saudi Council for Health Specialties.

} Health Professions Practice Regulations by the Ministry of Health.

 

SOLUTION USING THE 4 ETHICAL PRINCIPLES:

}  Patient autonomy = patient decides

}  Beneficence = bring benefit

}  No maleficence = cause no harm

}  Justice = treat all with equity

 

SOLUTIONS USING MAQASID AL SHARI'AT:

}  Protection of ddiin (morality).

}  Protection of life (life and health), hifdh al nafs.

}  Protection of progeny (family and procreation), hifdh al nasl.

}  Protection of the mind (psyche) hifdh al ‘aql.

}  Protection of wealth (resources), hifdh al mal.

 

SOLUTIONS FROM PRINCIPLES OF THE LAW, QAWAID AL FIQH:

}  The Principle of Intention, qa’idat al qasd: we consider the underlying intentions.

}  The Principle of Certainty, qaidat al yaqeen: evidence based decisions.

}  The Principle of Injury, qaidat al dharar: cause no harm; balance benefit vs injury.

}  The Principle of Hardship, qaidat al mashaqqat: exceptions in cases of necessity.

}  The Principle of Custom or Precedent, qaidat al urf: follow the procedures.

 

SCENARIO 1:

} An 80-year fully conscious and competent old man with advanced incurable cancer needed palliative chemotherapy.

}  The family objected when the doctor wanted to obtain informed consent from the patient because that would involve disclosing the diagnosis which would make the patient very sad and depressed.

}  The family wanted to make the decision without informing the patient.

}  What should the doctor do? Provide your moral reasoning.

 

SCENARIO 2:

}  A 30-year-old woman presented with classical signs of acute appendicitis.

}  She consented to an operation to open the abdomen and remove the inflamed appendix.

}  The surgeon found a previously undiagnosed ovarian cyst and decided to remove it as well

}  The removal was a simple and safe procedure that would not increase the duration of the operation.

}  The head nurse refused because the patient had not given consent.

}  What should the surgeon do? Provide your moral reasoning.

 

SCENARIO 3:

}  A 90-year-old in ICU with stage 4 widely metastasized cancer and multi-organ failure was told by the doctors that there was nothing they could do to reverse the course of the disease and that they could only provide symptomatic treatment.

}  He asked to be discharged to die at home. His children objected saying that he needed complex nursing that they could not provide at home.

}  What should healthcare workers do? Provide your moral reasoning.

 

SCENARIO 4:

}  The thoracic surgeon wanted to carry out a de-bulking operation to decrease lung cancer mass to enable the patient to breathe easier and he told the patient of the high risk of death from hemorrhage.

}  The patient 85-year-old patient was drowsy because of medication and was suspected of suffering from dementia.

}  The doctor was not sure whether the patient was capable of understanding the explanations given and making serious decisions about the operation and he had no relatives nearby.

}  What should the doctor do? Provide your moral reasoning.

 

SCENARIO 5:

}  A patient presented to the clinic with vague complaints in the abdomen and worries about cancer.

}  Physical examination and investigations revealed no pathology.

}  The doctor was angry with the patient for wasting clinic time when he was in good health. 

}  As the patient was leaving he told the doctor that his uncle had died the week before of stomach cancer. The doctor did not respond.

}  What should the doctor have done? Provide your moral reasoning.

 

SCENARIO 6:

}  A young man sent for a pre-employment examination filled out a health questionnaire and mentioned no health problems at all.

}  Physical examination revealed a severely dislocated shoulder and an unhealed acromial fracture.

}  When asked about them he admitted that they caused him pain from time to time but that he was patient and did not care much about them.

}  What should the examining doctor report? Provide your moral reasoning.

 

SCENARIO 7:

}  An 80-year-old diabetic man, whose son had died last year from a transfusion of mismatched blood, was admitted to the same hospital for observation after falling at home.

}  He insisted that no procedure be done without written approval by his physician son whom he wanted to sit by his bedside all the time.

} Nurses were inconvenienced by having to get written permission for routine monitoring of vital signs and insulin injections.

} The nurses refused to comply with his wishes and he refused to cooperate leading to a stand-off.

} What should the doctor in charge do? Provide your moral reasoning.

 

SCENARIO 8:

}  A young neurosurgeon planned to operate on a patient with a lumbar spinal injury that had a 5-10% chance of success.

}  He was perplexed about taking informed consent.

}  If he informed the patient that the operation could go wrong and result in paraplegia with a 90% chance the patient would refuse the operation.

}  If the operation was not carried out there was a 95% chance of further deterioration leading to paraplegia after a few months.

}  What should the neurosurgeon do? Provide your moral reasoning.

 

SCENARIO 9:

}  A 30-year-old patient with multiple sclerosis who had 5 years while in good health designated her husband as the decision maker.

} When she lost consciousness the doctors needed a decision whether to put her on life support.

}  The husband who had by that remarried and lived in a separate house decided against life support because it would prolong her suffering.

}  Her father intervened and decided on life support because that would be in her best interests.

} What should healthcare workers do? Provide your moral reasoning.

 

SCENARIO 10:

} A university professor with previous episodes of transient stroke had written a directive and had it witnessed that if he lost consciousness he would not like to be resuscitated.

} Years later he was brought to the hospital unconscious from head injuries sustained in a car accident.

}  The doctors reading his directive in his shirt pocket decided not to resuscitate him but his wife insisted that he be resuscitated.

}  What is the right course of action for the doctors? Provide your moral reasoning.