Obligation Health Dictionary

Obligation: From 1 Different Sources


Ethics

Within most cultures, care of the sick is seen as entailing special duties, codi?ed as a set of moral standards governing professional practice. Although these duties have been stated and interpreted in di?ering ways, a common factor is the awareness of an imbalance of power between doctor and patient and an acknowledgement of the vulnerability of the sick person. A function of medical ethics is to counteract this inevitable power imbalance by encouraging doctors to act in the best interests of their patients, refrain from taking advantage of those in their care, and use their skills in a manner which preserves the honour of their profession. It has always been accepted, however, that doctors cannot use their knowledge indiscriminately to ful?l patients’ wishes. The deliberate ending of life, for example, even at a patient’s request, has usually been seen as alien to the shared values inherent in medical ethics. It is, however, symptomatic of changing concepts of ethics and of the growing power of patient choice that legal challenges have been mounted in several countries to the prohibition of EUTHANASIA. Thus ethics can be seen as regulating individual doctor-patient relationships, integrating doctors within a moral community of their professional peers and re?ecting societal demands for change.

Medical ethics are embedded in cultural values which evolve. Acceptance of abortion within well-de?ned legal parameters in some jurisdictions is an example of how society in?uences the way in which perceptions about ethical obligations change. Because they are often linked to the moral views predominating in society, medical ethics cannot be seen as embodying uniform standards independent of cultural context. Some countries which permit capital punishment or female genital mutilation (FGM – see CIRCUMCISION), for example, expect doctors to carry out such procedures. Some doctors would argue that their ethical obligation to minimise pain and suffering obliges them to comply, whereas others would deem their ethical obligations to be the complete opposite. The medical community attempts to address such variations by establish-ing globally applicable ethical principles through debate within bodies such as the World Medical Association (WMA) or World Psychiatric Association (WPA). Norm-setting bodies increasingly re?ect accepted concepts of human rights and patient rights within professional ethical codes.

Practical changes within society may affect the perceived balance of power within the doctor-patient relationship, and therefore have an impact on ethics. In developed societies, for example, patients are increasingly well informed about treatment options: media such as the Internet provide them with access to specialised knowledge. Social measures such as a well-established complaints system, procedures for legal redress, and guarantees of rights such as those set out in the NHS’s Patient’s Charter appear to reduce the perceived imbalance in the relationship. Law as well as ethics emphasises the importance of informed patient consent and the often legally binding nature of informed patient refusal of treatment. Ethics re?ect the changing relationship by emphasising skills such as e?ective communication and generation of mutual trust within a doctor-patient partnership.

A widely known modern code is the WMA’s International Code of Medical Ethics which seeks to provide a modern restatement of the Hippocratic principles.

Traditionally, ethical codes have sought to establish absolutist positions. The WMA code, for example, imposes an apparently absolute duty of con?dentiality which extends beyond the patient’s death. Increasingly, however, ethics are perceived as a tool for making morally appropriate decisions in a sphere where there is rarely one ‘right’ answer. Many factors – such as current emphasis on autonomy and the individual values of patients; awareness of social and cultural diversity; and the phenomenal advance of new technology which has blurred some moral distinctions about what constitutes a ‘person’ – have contributed to the perception that ethical dilemmas have to be resolved on a case-by-case basis.

An approach adopted by American ethicists has been moral analysis of cases using four fundamental principles: autonomy, bene?cence, non-male?cence and justice. The ‘four principles’ provide a useful framework within which ethical dilemmas can be teased out, but they are criticised for their apparent simplicity in the face of complex problems and for the fact that the moral imperatives implicit in each principle often con?ict with some or all of the other three. As with any other approach to problem-solving, the ‘four principles’ require interpretation. Enduring ethical precepts such as the obligation to bene?t patients and avoid harm (bene?cence and non-male?cence) may be differently interpreted in cases where prolongation of life is contrary to a patient’s wishes or where sentience has been irrevocably lost. In such cases, treatment may be seen as constituting a ‘harm’ rather than a ‘bene?t’.

The importance accorded to ethics in daily practice has undergone considerable development in the latter half of the 20th century. From being seen mainly as a set of values passed on from experienced practitioners to their students at the bedside, medical ethics have increasingly become the domain of lawyers, academic philosophers and professional ethicists, although the role of experienced practitioners is still considered central. In the UK, law and medical ethics increasingly interact. Judges resolve cases on the basis of established medical ethical guidance, and new ethical guidance draws in turn on common-law judgements in individual cases. The rapid increase in specialised journals, conferences and postgraduate courses focused on ethics is testimony to the ever-increasing emphasis accorded to this area of study. Multidisciplinary practice has stimulated the growth of the new discipline of ‘health-care ethics’ which seeks to provide uniformity across long-established professional boundaries. The trend is to set common standards for a range of health professionals and others who may have a duty of care, such as hospital chaplains and ancillary workers. Since a primary function of ethics is to ?nd reasonable answers in situations where di?erent interests or priorities con?ict, managers and health-care purchasers are increasingly seen as potential partners in the e?ort to establish a common approach. Widely accepted ethical values are increasingly applied to the previously unacknowledged dilemmas of rationing scarce resources.

In modern debate about ethics, two important trends can be identi?ed. As a result of the increasingly high pro?le accorded to applied ethics, there is a trend for professions not previously subject to widely agreed standards of behaviour to adopt codes of ethical practice. Business ethics or the ethics of management are comparatively new. At the same time, there is some debate about whether professionals, such as doctors, traditionally subject to special ethical duties, should be seen as simply doing a job for payment like any other worker. As some doctors perceive their power and prestige eroded by health-care managers deciding on how and when to ration care and pressure for patients to exercise autonomy about treatment decisions, it is sometimes argued that realistic limits must be set on medical obligations. A logical implication of patient choice and rejection of medical paternalism would appear to be a concomitant reduction in the freedom of doctors to carry out their own ethical obligations. The concept of conscientious objection, incorporated to some extent in law (e.g. in relation to abortion) ensures that doctors are not obliged to act contrary to their own personal or professional values.... ethics

Fiduciary

Relating to, or founded upon a trust or confidence. A fiduciary relationship exists where an individual or organization has an explicit or implicit obligation to act on behalf of another person’s or organization’s interests in matters which affect the other person or organization.... fiduciary

Mmr Vaccine

A combined vaccine o?ering protection against MEASLES, MUMPS and RUBELLA (German measles), it was introduced in the UK in 1988 and has now replaced the measles vaccine. The combined vaccine is o?ered to all infants in their second year; health authorities have an obligation to ensure that all children have received the vaccine by school entry – it should be given with the pre-school booster doses against DIPHTHERIA, TETANUS and POLIOMYELITIS, if not earlier – unless there is a valid contra-indication (such as partial immunosuppression), parental refusal, or evidence of previous infection. MMR vaccine may also be used in the control of measles outbreaks, if o?ered to susceptible children within three days of exposure to infection. The vaccine is e?ective and generally safe, though minor symptoms such as malaise, fever and rash may occur 5–10 days after immunisation. The incidence of all three diseases has dropped substantially since MMR was introduced in the UK and USA.

A researcher has suggested a link between the vaccine and AUTISM, but massive studies of children with and without this condition in several countries have failed to ?nd any evidence to back the claim. Nonetheless, the publicity war has been largely lost by the UK health departments so that vaccine rates have dropped to a worryingly low level.

(See IMMUNISATION.)... mmr vaccine

Beneficence

n. doing good: one of the *four principles of medical ethics. The obligation to act in patients’ *best interests at all times is recognized in ancient and modern codes of professional conduct, e.g. the *Hippocratic oath. Benefits in health care, and therefore beneficence, must commonly be balanced against risks or harms (i.e. *nonmaleficence). The courts have been clear that beneficence extends beyond medical interests. Respect for *autonomy requires that professionals determine what the patient considers to be doing good in any given situation.... beneficence

Best Interests

a legal and ethical standard in medical care and treatment. A doctor has both an ethical and a legal obligation to maximize a patient’s welfare or wellbeing. When cases have gone to court, the judiciary has been clear that the concept of best interests extends beyond the purely medical. The principle of *autonomy requires that a patient with *capacity is in the best position to determine what is in his or her best interests. Where a patient lacks capacity, health-care professionals must act in his or her best interests. Under the Mental Capacity Act 2005, a doctor must take account of the patient’s wishes and try to determine what he or she would have wanted, possibly with reference to an advance directive (see advance directive, decision, or statement), an appointed proxy, or an *independent mental capacity advocacy service. The interests of children are especially important, and doctors must be particularly vigilant where there is a potential conflict of interests, as when reporting cases of suspected child abuse or recruiting for paediatric research.... best interests

Communicable Disease

(contagious disease, infectious disease) any disease that can be transmitted from one person to another. This may occur by direct physical contact, by common handling of an object that has picked up infective microorganisms (see fomes), through a disease *carrier, or by spread of infected droplets coughed or exhaled into the air. The most dangerous communicable diseases are on the list of *notifiable diseases. Specific legal obligations arise in respect of notifiable diseases by virtue of the Public Health (Control of Disease) Act 1984 (as amended), delegated legislation, and the Health and Social Care Act 2008.... communicable disease

Confidentiality

n. an ethical and legal obligation that requires doctors to keep information about their patients private. It is the foundation on which trust and the therapeutic relationship is built. A doctor automatically assumes such an obligation during a patient consultation. Confidentiality is generally considered to be held within the health-care team rather than with one particular professional in order to facilitate effective care, although stricter rules can apply in *genitourinary medicine and occupational health (among others). Confidentiality is not an unlimited duty and sometimes it is permissible or even obligatory to breach a patient’s confidence, e.g. for child protection or when a patient suffers from a *notifiable disease. Confidentiality may also be breached where there is a serious risk of physical harm to an identifiable individual or individuals. However, since there is no ‘duty to warn’ in the UK, doctors are not obliged to breach confidentiality where there is a serious risk of harm. The GMC requires that doctors should be prepared to justify their decision whether or not they decide to breach confidentiality in cases of serious risk. See also data protection; privacy. —confidential adj.... confidentiality

General Practitioner (gp)

A general practitioner (‘family doctor’; ‘family practitioner’) is a doctor working in primary care, acting as the ?rst port of professional contact for most patients in the NHS. There are approximately 35,000 GPs in the UK and their services are accessed by registering with a GP practice – usually called a surgery or health centre. Patients should be able to see a GP within 48 hours, and practices have systems to try to ensure that urgent problems are dealt with immediately. GPs generally have few diagnostic or treatment facilities themselves, but can use local hospital diagnostic services (X-rays, blood analysis, etc.) and can refer or admit their patients to hospital, where they come under the supervision of a CONSULTANT. GPs can prescribe nearly all available medicines directly to their patients, so that they treat 90 per cent of illnesses without involving specialist or hospital services.

Most GPs work in groups of self-employed individuals, who contract their services to the local Primary Care Trust (PCT) – see below. Those in full partnership are called principals, but an increasing number now work as non-principals – that is, they are employees rather than partners in a practice. Alternatively, they might be salaried employees of a PCT. The average number of patients looked after by a full-time GP is 1,800 and the average duration of consultation about 10 minutes. GPs need to be able to deal with all common medical conditions and be able to recognise conditions that require specialist help, especially those requiring urgent action.

Until the new General Medical Services Contract was introduced in 2004, GPs had to take individual responsibility for providing ‘all necessary medical services’ at all times to their patient list. Now, practices rather than individuals share this responsibility. Moreover, the contract now applies only to the hours between

8.00 a.m. and 6.30 p.m., Mondays to Fridays; out-of-hours primary care has become the responsibility of PCTs. GPs still have an obligation to visit patients at home on weekdays in case of medical need, but home-visiting as a proportion of GP work has declined steadily since the NHS began. By contrast, the amount of time spent attending to preventive care and organisational issues has steadily increased. The 2004 contract for the ?rst time introduced payment for speci?c indicators of good clinical care in a limited range of conditions.

A telephone advice service, NHS Direct, was launched in 2000 to give an opportunity for patients to ‘consult’ a trained nurse who guides the caller on whether the symptoms indicate that self-care, a visit to a GP or a hospital Accident & Emergency department, or an ambulance callout is required. The aim of this service is to give the patient prompt advice and to reduce misuse of the skills of GPs, ambulance sta? and hospital facilities.

Training of GPs Training for NHS general practice after quali?cation and registration as a doctor requires a minimum of two years’ post-registration work in hospital jobs covering a variety of areas, including PAEDIATRICS, OBSTETRICS, care of the elderly and PSYCHIATRY. This is followed by a year or more working as a ‘registrar’ in general practice. This ?nal year exposes registrars to life as a GP, where they start to look after their own patients, while still closely supervised by a GP who has him- or herself been trained in educational techniques. Successful completion of ‘summative assessment’ – regular assessments during training – quali?es registrars to become GPs in their own right, and many newly quali?ed GPs also sit the membership exam set by the Royal College of General Practitioners (see APPENDIX 8: PROFESSIONAL ORGANISATIONS).

A growing number of GP practices o?er educational attachments to medical students. These attachments provide experience of the range of medical and social problems commonly found in the community, while also o?ering them allocated time to learn clinical skills away from the more specialist environment of the hospital.

In addition to teaching commitments, many GPs are also choosing to spend one or two sessions away from their practices each week, doing other kinds of work. Most will work in, for example, at least one of the following: a hospital specialist clinic; a hospice; occupational medicine (see under OCCUPATIONAL HEALTH, MEDICINE AND DISEASES); family-planning clinics; the police or prison services. Some also become involved in medical administration, representative medicopolitics or journalism. To help them keep up to date with advances and changes in medicine, GPs are required to produce personal-development plans that outline any educational activities they have completed or intend to pursue during the forthcoming year.

NHS GPs are allowed to see private patients, though this activity is not widespread (see PRIVATE HEALTH CARE).

Primary Care Trusts (PCTs) Groups of GPs (whether working alone, or in partnership with others) are now obliged by the NHS to link communally with a number of other GPs in the locality, to form Primary Care Trusts (PCTs). Most have a membership of about 30 GPs, working within a de?ned geographical area, in addition to the community nurses and practice counsellors working in the same area; links are also made to local council social services so that health and social needs are addressed together. Some PCTs also run ambulance services.

One of the roles of PCTs is to develop primary-care services that are appropriate to the needs of the local population, while also occupying a powerful position to in?uence the scope and quality of secondary-care services. They are also designed to ensure equity of resources between di?erent GP surgeries, so that all patients living in the locality have access to a high quality and uniform standard of service.

One way in which this is beginning to happen is through the introduction of more overt CLINICAL GOVERNANCE. PCTs devise and help their member practices to conduct CLINICAL AUDIT programmes and also encourage them to participate in prescribing incentive schemes. In return, practices receive payment for this work, and the funds are used to improve the services they o?er their patients.... general practitioner (gp)

Hippocratic Oath

An oath once (but no longer) taken by doctors on quali?cation, setting out the moral precepts of their profession and binding them to a code of behaviour and practice aimed at protecting the interests of their patients. The oath is named after HIPPOCRATES (460–377 BC), the Greek ‘father of medicine’. Almost half of British medical students and 98 per cent of American ones make a ceremonial commitment to assume the responsibilities and obligations of the medical profession, but not by reciting this oath.... hippocratic oath

Neglect

The refusal or failure on the part of a person (or persons) in a caring role to fulfil a care-giving obligation, either consciously or unintentionally, which results in physical or emotional distress for an older person. See also “abuse”.... neglect

Conflict Of Interest

(in medical ethics) the situation in which a health professional is subject to potential or actual pressures that may conflict with his or her obligation to promote the *best interests of the patient over and above all else. A conflict of interest arises from a particular context or situation and may threaten a doctor’s integrity and undermine trust between professional and patient. For example, a drug company may encourage a doctor to prescribe a particular medicine, which may not be the treatment of choice for a patient, or contractual financial disincentives may discourage a doctor from providing a more expensive treatment of choice for a patient. In medical research, there is always a potential conflict between protecting the individual and benefiting society. Particular problems of this kind occur in randomized controlled trials (see equipoise; intervention study). Doctors will always experience competing pressures and it is important for them to be able to recognize and then, where possible, disclose, resolve, or mitigate morally problematic conflicts.... conflict of interest

Department Of Health And Social Care

(DHSC) (in Britain) a department of central government that supports the Secretary of State for Health and Social Care in meeting his or her obligations, which include the *National Health Service, the promotion and protection of the health of the nation, and social care, including some oversight of personal social services provided by local authorities. The department is staffed by civil servants, including some health professionals. Following the reforms of the Health and Social Care Act 2012, the Department no longer has direct control of the NHS, which has passed to *NHS England. The name of the department was expanded from ‘Department of Health’ in 2018. Equivalent departments support the ministers responsible for health services in Scotland, Wales, and Northern Ireland.

DHSC section of the website: provides information on a wide range of public health issues... department of health and social care

Duty

n. what is owed to another person, creating an obligation or moral requirement to behave in one way rather than another. Duty may arise from rules or principles, such as the *four principles of medical ethics, or from particular relationships (e.g. doctor and patient or parent and child). Dilemmas may arise where these duties appear to conflict or are unclearly delineated. The idea of duty as an absolute *imperative that does not vary with circumstances is central to the tradition of *Kantian ethics (see deontology). Doctors also have legal duties towards their patients because of their *fiduciary relationship and assume a duty of care as soon as they start a consultation. If doctors, registered nurses, or other health professionals fall short of their legal duty of care, they may be subject to a claim of *negligence.... duty

Ethics Committee

a group usually including lay people, medical and health-care professionals, and other experts set up to review health-care practice. There are two types of ethics committee. A research ethics committee reviews research that involves the use of human subjects. It is responsible for safeguarding the rights and welfare of patients by ensuring that they are adequately informed of the procedures involved in a research project (including the use of dummy or placebo treatments as controls), that the tests and/or therapies are relatively safe, and that no-one is pressurized into participating in research. There are legal as well as professional requirements to seek ethics committee approval, e.g. when carrying out clinical trials of drugs. The National Research Ethics Service (see Health Research Authority) coordinates the ethical review and governance of research referring submissions to research ethics committees (RECs) throughout the UK. The second type of ethics committee is a clinical ethics committee, which provides a resource to health-care professionals about ethical issues in clinical practice. There is neither an obligation for trusts to have a clinical ethics committee nor for clinicians to refer cases to such committees where they exist, although clinical ethics committees are an increasing presence in the NHS.... ethics committee

Extraordinary Means

life-prolonging treatments that are not regarded as beneficial (i.e. they do nothing to promote recovery or relieve suffering) and that may even be burdensome to the patient. It has been argued that there is no moral obligation to prolong life and/or to impose greater suffering by extraordinary means. ‘Extraordinary’ does not mean unusual: treatments that are considered routine may be classed as extraordinary when they are no longer clinically effective or are considered *futile. Another way to describe the appropriateness of such interventions is to talk of ‘proportionate’ and ‘disproportionate’ means. See artificial nutrition and hydration.... extraordinary means

Stillbirth

(intrauterine fetal death) n. birth of a fetus that shows no evidence of life (heartbeat, respiration, or independent movement) at any time later than 24 weeks after conception. Under the Stillbirth (Definition) Act 1992, there is a legal obligation to notify all stillbirths to the appropriate authority. The number of such births expressed per 1000 births (live and still) is known as the stillbirth rate. In legal terms, viability is deemed to start at the 24th week of pregnancy and a fetus born dead before this time is known as a *miscarriage or *abortion. However, some fetuses born alive before the 24th week may now survive as a result of improved perinatal care. See also confidential enquiries.... stillbirth



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