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GASTROENTEROLOGY AND
MEDICAL ETHICS
J.J. Sidorov
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1. Gastroenterology and Medical
Ethics
Basic moral
principles and rules of medical ethics are as old as the medical
profession itself. They were succinctly formulated in such codes as the
Hippocratic Oath and Maimonides' Prayer, and have served for centuries as
an unchanged moral base for medical practice. Major social and moral
changes, particularly those of the second half of the 20th century, have
challenged many of these classical values and modified others: witness the
introduction of new attitudes toward sexuality and developments in
transplantation of human tissues and organs, and opposing views on
abortion. Promotion of the patient's autonomy and of human rights has led
to the firm establishment of the right of the individual patient to be
fully informed and consulted on all medical considerations and decisions
related to his or her well-being, health and even death. The influence of
such professionals as philosophers, ethicists, sociologists,
anthropologists and lawyers has altered concepts of the patient-doctor
relationship.
The
change from a classical paternalistic to a modern participatory
patient-doctor relationship has significantly altered the pattern of
medical practice. When a patient consults a physician, a contractual
arrangement takes place. The patient provides the physician with the
personal, intimate information necessary for proper evaluation and
rational management. Complete patient care must take into consideration
the patient as a total person, including his or her personal moral values.
The rapid
expansion of medical knowledge and technology has also introduced a range
of expensive, complex, and often aggressive diagnostic and therapeutic
procedures. The rising costs of many new, highly skilled, labor-intensive
techniques have led to the rationing of our progressively diminishing
health-care resources and raised difficult questions of fairness and
priorities: who gets what and why, at whose expense, and under what
circumstances?
Application
of current biomedical ethical principles to the changing clinical and
social situation has thus become an essential part of the practice of
modern medicine (Table
1).
TABLE 1.
Ethical principles and professional obligations
|
| Ethical principles |
Professional
obligations |
|
| Beneficence |
Confidentiality |
| Nonmaleficence |
Fidelity (promise-keeping) |
| Respect for autonomy |
Interest |
| Justice, fairness |
Veracity (truth-telling) |
|
Gastroenterologists
share common ethical principles with and encounter problems similar to
those faced by their colleagues in other medical disciplines. Like other
specialists, gastroenterologists must often apply general medical ethical
principles to specific areas of their activities. One such area is
diagnostic and therapeutic endoscopy. Others include the treatment of
patients with new, potent drugs, the active participation of
gastroenterologists in drug trial studies, and their relationship with
industry.
Transplantation
of the liver, intestine and pancreas also raises ethical issues,
particularly related to economy of resources. The demands that organ
transplantation places on society lead to political rather than purely
medical decisions concerning the allocation of resources and assignment of
priorities. These decisions are not only based on the principle of
individual beneficence, but they also are greatly influenced by social
perceptions of justice and fairness. Gastroenterologists are being exposed
to escalating pressure to control costs, ration resources and act as
gatekeepers for organ transplantation. In addition to purely medical
decisions, assessing patient suitability involves ethical issues. Should,
for example, an individual with self-induced liver disease from abusing
alcohol or other drugs, or from following a particular lifestyle, be
accepted for transplantation?
Commerce
involving organs or parts of organs is another area of ethical concern.
Organ sale elsewhere in the world has been justified in that it is the
only way to meet current needs. The issue is clouded by a lack of absolute
ethical standards that could be uniformly applied in all parts of the
world. Although medicine is generally transcultural, ethics is often
culture-specific, as it depends on historical, religious, social and
cultural factors. Ethical principles applicable to contemporary Western
societies do not apply to parts of the world with completely different
cultural and social traditions.
The
availability of cadaveric organs is the main limiting factor in adult
liver transplantation in Canada. According to a recent study, at least 37
patients died in Canada in 1991 while waiting for a new liver.
The Council
on Ethics and Judicial Affairs of the American Medical Association has
recommended a system of mandated choice, in which "everyone would be
asked whether they consent to organ donation."
The Council
of Europe has adopted a policy in 13 countries of "presumed
consent" in which the onus is placed on the individual to opt out of
cadaveric organ donation.
No such
system exists in Canada. Canadian physicians therefore find themselves
morally responsible for ensuring that no potentially available organ is
wasted. Accordingly, a failure to secure such an organ, either by
discouraging a donation as a result of personal bias, or failing through a
passive attitude to consider the possibility and appropriateness of timely
retrieval of a patient's organs, amounts to withholding a potentially
lifesaving treatment from a waiting recipient.
The advent
of fiberoptic endoscopy has had a major impact on research and clinical
practice in gastroenterology. Ethical issues peculiar to gastrointestinal
endoscopy are often not obvious. Gross violations of a code of ethics are
easily detected and identified. The difficulty arises, however, when
assessing skill, competence and quality control. It is often difficult to
draw a clear line between professional competence and the safety of a
procedure on one hand, and ethical behavior on the other.
Ethical
considerations arising from invasive diagnostic and therapeutic
gastroenterological procedures have been recently addressed in Canada by
the Canadian Association of Gastroenterology in its consensus report
"Consensus in Endoscopy." The patient's informed consent, based
on a full understanding of risks and benefits, must be obtained prior to
the procedure and sedation. While society's resources should be
economically utilized, economic constraints should not adversely influence
the quality of the care.
In addition to mandatory
training requirements, the physician's technical and cognitive skills must
be maintained through strict adherence to specified standards and must be
further improved through constant learning.
Performance
of endoscopic procedures in excess of diagnostic and therapeutic
requirements and beyond the needs of approved research is unethical.
An
innovative procedure or a significant modification of a standard procedure
cannot be undertaken without prior approval by the institutional review
board or the hospital ethics committee, and without the fully informed
consent of the patient.
Life-support
measures that provide nutrition through a variety of oral, enteral and
parenteral routes have become the principal form of treatment of not only
critically ill patients, but often also patients who are terminally ill.
Nonetheless,
the belief that nutritional support is beneficial to terminally ill
patients has been recently questioned.
Recent
reports provide increasing evidence that withholding artificial nutrition
and hydration is actually devoid of suffering, providing that oral food
and liquids are given as requested by the patient and that proper care is
taken of mouth and lips. While insufficient to maintain the patient's
weight and life, this limited nutrition and hydration keeps the patient
comfortable.
Since food
and water have a strong emotional connotation as the essence of life, any
attempt at withholding these is strongly resisted by care-givers.
Furthermore, some physicians may not only try to persuade but may also
resort to coercion and force a patient to accept a given form of
artificial feeding. Strong ethical arguments are nevertheless being put
forward that prolonging the life of a terminally ill patient through
artificial nutrition and hydration prolongs suffering and delays the
natural process of death. It therefore violates the ethical principle of
beneficence and nonmaleficence. When carried out against the patient's
expressed wish or through coercion it also violates the principle of
autonomy.
Close
cooperation between the pharmaceutical industry and the medical profession
has greatly contributed to recent progress in research and to educational
opportunities. The development of new drugs requires clinical trials.
Development of a new drug from the initial invention of a chemical
structure until its final approval for general use takes an average of 10
to 15 years and may cost up to $100 million before realizing any financial
return. The industry is quite aware that commercial objectives must not
override ethical considerations and has developed the guidelines governing
the conduct of such studies. By subscribing to such codes, the industry
has accepted responsibility for proper monitoring and supervision of sound
clinical trials. For their part, those physicians involved in a clinical
study must possess adequate knowledge and devote the necessary time to
ensure that no breach of ethical principles occurs.
It is
unethical to enter a patient into a trial unless the investigator truly
believes that the new drug or procedure will provide benefits beyond those
already available. The investigator must be free to publish the results
regardless of the outcome, unencumbered by the private interests of the
sponsor. The principal investigator shares with the sponsor the
responsibility for the scientific validity, ethical content and
correctness of the clinical evaluation of the product undergoing trial.
The investigator may be remunerated for clinical work (such as physical
examination, endoscopies and other technical procedures) if charged for at
standard rates. It is unethical, however, to derive personal financial
benefit as a reward for participating in or conducting the study.
Medical
research using human subjects requires careful scrutiny. A recent study by
an international group of reviewers found that a significant proportion of
studies involving humans, and published in some of the leading
gastroenterology journals, failed to meet ethical standards as defined by
the reviewers. Approximately 40% would have been rejected by reviewers had
they been members of the review boards at the institutions where the work
was done. Some 12% of these "rejections" involved perceived
danger to participating patients; the remainder involved poor study design
or problems of statistical analysis. Between 10 and 15% of medications
used were subsequently discovered to be potentially toxic.
There seem
to be several places where a potential deficiency may originate. Concern
about personal career development and academic pressure to demonstrate
research productivity might induce an investigator to disregard what might
at first appear to be a trivial issue. Casual supervision and inadequate
quality control by senior, experienced and established investigators could
be another factor. Poorly conducted research leading to faulty conclusions
based on avoidable deficiencies and errors is unethical. Just because a
project has received the approval of an institutional review board, there
is no guarantee that it will remain ethical throughout. Finally, the
system of peer review, the traditional method of ensuring the quality of
scientific investigation, is not infallible. Close supervision based on
clearly defined institutional publication policies and periodic careful
review of the study's progress may eliminate many of these ethical
pitfalls. The ethical component must be part of the scientific review.
The
complexity of current scientific, technical, philosophical and social
developments and other conditions in the second half of the 20th century
present a plethora of ethical issues that we need to consider in our daily
work - clinical practice, research or teaching. We should always consider
the patient not only as a collection of symptoms, signs and pathological
processes but also as an individual with emotions, problems and moral
standards. Biomedical ethics is an integral part of such care. Familiarity
with basic bioethical principles (Table
1) is as essential for the practice of medicine as the knowledge
of pathophysiology is for the understanding of the disease process. |