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4
Manipal Manual of Surgery
Key Box 1.1
Principle of Ethics
BeneficenceNon-maleficenceAutonomyJustice
More details in Chapter 3
BENEVOLENT
A doctor should be gentle while receiving the patient and then examining the patient. He should have empathy and understanding toward the patient. That does not mean that he should shed tears. The doctor should be kindhearted, gracious, considerate, and compassionate. While suturing the wounds and while removing sutures or while applying large dressings for leg wounds or such other procedures, extreme care and empathy should be shown. Very often, these are done by junior surgeons/residents who have to be clearly told about these aspects.
COMMUNICATION, CONTINUED LEARNING, COMPETENCY
, COUNSELLING, CONSENT
The doctor–patient relationship starts from the first visit of the patient to the doctor. Develop a good rapport with the patient. The first impression is the best impression. Good communication skills impress. Do not negate patient’s views even after you convince effectively. If we look back to 20–30 years ago, our family physicians did not even have MBBS degree, leave alone specialization and super specialization. They were ready to listen to the patient, do home visits, attend midnight calls and accept whatever money that was given to them. Doctors were looked upon as Gods and patients accepted both success and failure. Their success was largely because of good communication skills. The world is changing at a great speed and moving ahead.
Communication alone does not heal, and good medical care is needed. Medicine is changing. We cannot sit idle without updating our knowledge. With conti-
nuous medical education (CME), theoretical knowledge can be updated. One can improve skills by attending conferences, attending workshops and thus attain competency. Patients also feel happy that the doctor has
attended many conferences all over the world and has improved his knowledge.
Always explain to the patient what you are doing, why you are doing and what possible complications can happen. These have to be told in a language that the patient understands and get his signature. This is called informed consent. At surgery, do what is required for the patient. Do not do an additional procedure for an
Section I Basic Principles of Surgery
incidental finding for which you have not taken consent
Key Box 1.2
5Cs for Doctor–Patient Relationship
CommunicationContinued learningCompetencyConsentCounselling
(Key Box 1.2). Every major surgery can have complica­tions/morbidity and mortality. The patient must be counselled before surgery (Figs 1.1. and 1.2). Counselling and consent are given in more detail in the next chapter.
Fig. 1.1: The patient is being briefed about her illness, why and
what type of surgery will be done, possible alternatives for surgery and complications related to surgery
Look at the 1st picture explaining easy cholecystectomy–no adhesions– more than 95% success of laparo­scopic method and discharge within 2 days. However, 2nd picture shows gallbladder adhered to liver due to chronic cholecystitis–so may have to do open method–in about 5% patients. Hospital stay of 5 days may be required.
Fig. 1.2: Illustration of how simple sketches can be used to explain
procedures to patients
Doctor–Patient Relationship
5
DIGNITY AND DIVERSITY
India is a country with multiple languages and many cultures. Diversity is our strength. The doctor should be sensitive to these cultural differences while treating the patients. Appreciate and respect their culture. Do not discourage discussions. Maintain their dignity. Our deeds should not have any deleterious effect on the body or mind. Understand the patient behaviour in the background of their culture, occupation, habits and family circumstances. Often, in India, the disease may trigger problems at home or a fight between family members. Doctors should not just treat the disease but also help alleviate family issues caused by the disease. This is possible because patients still hold doctors in high regard even today.
EVIDENCE-BASED PRACTICE AND ETHICS
Every doctor should appreciate the need to update and be familiar with different therapeutic modalities, administration of “essential drugs” and their common side effects. The latest available information should be passed on to the patient with scientific data so that he is aware of what is the best solution for the present problem. Knowledge is strength and that gives us confi-
dence while talking to the patient or while attending the courts. While making the patient comfortable, it is
not just enough to tell him what disease he has and what can be done. Convey the various options available and the cost of the treatment. Most often, problem arises because of inadequate information and options. Often the patient says, “Doctor, you do it”. I still do open hernia repair, but I tell my patients about laparoscopic hernia repair. Vast majority of patients agree to what you say. We must know and accept our limitations.
When you cannot do it or do not have facilities, it is better to refer to higher centers rather than provide substandard initial treatment.
FAMILY PHYSICIAN
In the present times, a surgeon or a physician cannot truly become a family physician because of specializa­tion. However, we can have all the characteristics of a family physician. To name a few: Patient listening, maintaining a smile even at the late-night clinic, enquiring about the patient’s professional life, family
life adds a personal touch to the practice of medicine. The aim of a medical college teacher is to help the student do the MBBS degree course, i.e. to become
competent to practice preventive, promotive, curative and rehabilitative medicine with respect to the commonly encountered health problems in a patient and in community. Most of the doctors achieve this and
become successful in practice.
GET HELP
‘Call for help’ is an important step in today’s practice, especially when a complicated surgical procedure is planned. It is better to inform the patient when you are taking or have taken a colleague’s help. It is vital to obtain a proper informed consent after explaining all possible complications to the patient. ‘Call for help’ also refers to taking another opinion to arrive at a diagnosis, to order for appropriate investigations, to take decision or help at surgery and also to manage some unexpected serious complications such as bleeding, anastomotic leaks or any such events.
CONCLUSION
We strongly believe that if you follow these simple guidelines of doctor–patient relationship of ABCDEFG (Key Box 1.3), you will not only achieve higher goals in your profession and be successful, but will also be able to avoid frictions, abuses and attacks by the patient or his relatives.
Key Box 1.3
ABCDEFG of Doctor–Patient Relationship
A: Attitude B: Benevolent C: Communication, continued learning, competency,
informed consent
D: Dignity and diversity E: Evidence-based science F: Family physician G: Get help
Wish you all the best, my dear students! I wish you a
bright future.
Section I Basic Principles of Surgery
2
Communication and Counselling
Changing scenarioCounsellingMedical detailsMethods of counselling
CHANGING SCENARIO AND THE NEED FOR COUNSELLING
Health care has been witnessing phenomenal changes in the recent years. In the past, the doctors planned and administered the treatment, the outcome of which was willingly accepted by the patients; a paternalistic attitude was prevalent among the doctors. In choosing the doctors and the hospitals, the patients had very few options. Illiteracy was rampant and patients were generally ignorant about the diseases.
This scenario has been progressively changing in the last few decades. People have become more educated; the media has played its role in mass health education; the common man has some general knowledge about common diseases. Doctors, corporate hospitals and nursing homes have proliferated and patients have the option of selecting the doctors and hospitals of their choice. Doctors have retracted from the paternalistic roles; patients have to participate in the decision-making process. The phenomenal growth of medical science, astounding technological advances, increasing health care costs, improving awareness, rising expectations of the patients, and most importantly the Consumer Protection Act have brought into sharp focus the importance of communication and counselling in the medical practice.
Counselling means exchange of ideas to reach a conclusion (Webster). There is hardly any place for counselling while eliciting patients’ history; a formal consent is required for physical examination, especially the internal examination, viz. digital rectal examination and per vaginal examination. It is at the end of physical examination that the counselling skills become
Factors influencing counsellingPatients’ rightsQuality of counsellingSteps of informed consent
Key Box 2.1
Aims of Counselling
Explain medical details of the disease
– Diagnostic dilemma – Lab reports and their accuracy – Treatment options – Complications – Outcome – Cost
Address psychosocial, emotional and spiritual issuesObtain consent
increasingly important in explaining the diagnostic dilemma, accuracy of lab reports, treatment options, outcome, complications and costs (Key Box 2.1).
Explain Medical Details of the Disease
Diagnostic dilemma: The patients often expect that
every disease should be accurately diagnosed in the first visit; in simple disease it is possible, but not in complica­ted ones and if this is made known to them, their mind is prepared to accept subsequent changes in the diagnosis. When the final diagnosis is less serious than the first, the patients are happy to accept it; but if it is more serious, the patients are unhappy and tend to lose faith in the doctor. The intensity of these undesirable effects of change in the diagnosis can be minimized by proper counselling, e.g. benign-looking breast lump turns out to be malignant in the histopathological report.
Accuracy of investigation and their complications:
Many patients believe that it is possible to prove the
6
Communication and Counselling
7
diagnosis by lab tests and that more expensive tests are more accurate; counselling should remove this mis- conception; lab tests are not 100% sensitive and specific. Patients with simple curable diseases do not pose much problem, but those with serious and life-threatening or
incurable diseases often demand foolproof lab diagnosis and such a proof is not always possible to secure. In the absence of such a proof and when the lab test reports are conflicting, counselling becomes increasingly difficult, e.g. disagreement between the pathologists about the presence or absence of cancer in the specimen. Counselling should also include a brief mention about the anticipated complications of investigations, e.g. allergic reaction to IV contrast agent.
Treatment options and their complications: That the
patient has to participate in the planning and execution of the treatment has become an accepted norm. The doctor has to offer treatment options, discuss the merits and demerits of each of them and then decide to administer it. Possible complications and their approxi­mate incidence should be discussed, e.g. recurrent laryngeal nerve palsy in thyroid surgery.
Outcome: It is a fond desire of many patients that every
disease is completely curable. Many diseases, disabilities and deaths are not totally preventable by the most modern medicine. Discussion about the outcome of treatment is especially important in surgical patients because operation is an event which has no parallel in non-surgical branches of medicine; and any adverse postoperative outcome is almost always attributed to surgery. In search of cure for incurable diseases, the patients keep changing doctors and hospitals spending their resources until they are told and convinced that the cure is unachievable. Patients’ ability to cope with the disease and accept the outcome of treatment improves if it is told to them before executing the treatment what is the anticipated outcome—palliation or cure.
Cost: It is better to overestimate the cost than to under-
estimate it and to express it as a range than as a finite figure, unless it is a package.
Key Box 2.2
Patient issues that may need attention
Psychosocial, emotional and spiritual issues: Anxiety,
illness, ability to function/earn, lifespan, social status
Fear: Pain, disability, deformity, disfigurement, deathWorry: Cost, familyShy: Genital/sexual problemEmbarrassment: Previous treatment by some other
doctor, ask for the second opinion
Patients’ preferences, e.g. CPR in case of cardiac arrest
Address psychosocial, emotional and spiritual issues:
Anxiety, fear, worry, shyness, embarrassment, religious and cultural issues, and patients’ preferences are addressed on individual basis (Key Box 2.2). Patients’ mental make-up and will power have significant bearing on the management of the patients.
Methods of Counselling
There is no single best method suitable for all patients on all occasions. Counselling is individualized and personalized. Verbal counselling is the most common method. Showing charts and diagrams is an easy and effective way of convincing. Giving patient education material for reading or showing videos are other methods. Showing other patients being treated for similar disease is quite helpful. The patients’ family physician can be used for counselling because he has a better rapport with the patient than the specialist. If there are a number of patients with the same/similar condition/disease (e.g. maternity hospitals or cancer hospitals), group counselling is useful. Complex situations (e.g. living donor liver transplantations) need the services of counselling experts. Speaking the patients’ language and having good vocabulary and communication skills makes the job easier (Key Box 2.3).
Key Box 2.3
Methods of Counselling
Verbal counsellingDiagrams, charts, illustrationsPrinted literature for patient educationPatient education videoShow similar patients treated/being treatedUsing the patient’s family doctor for counsellingGroup counsellingCounselling experts
Factors Influencing Counselling
There are many factors influencing the counselling. Patients’ background, literacy, level of understanding and trust in the doctor are the most important factors. Suspicious and indecisive mind of the patient is an obstacle. Patients’ perceptions of doctor’s honesty, trustworthiness, dependability and intentions have their own measure of impact on counselling. Nature of illness, whether simple to diagnose and treat with assured successful outcome, or a complex disease, difficult to diagnose and treat with a guarded prognosis, or a fatal, incurable disease have an important bearing on counselling (Key Box 2.4).
Section I Basic Principles of Surgery
8
Manipal Manual of Surgery
Key Box 2.4
Factors Influencing Counselling
Diseases: Curable, incurable, fatalPatients’ perception about the doctors
– Knowledge, competence and attitudes – Ethical, honest, trustworthy – Compassionate, empathetic – Cheating, exploiting, indifferent
Patients and relatives
– Trusting and faithful – Illiterate, ignorant – Educated, knowledgeable – Suspicious and doubting – Indecisive and procrastinating
PATIENTS’ RIGHTS
Patients’ rights are supreme and should be respected; right to refuse the plan of treatment, right to informa­tion, to have second opinion, to change the doctor and the hospital in the middle of treatment. The doctor need not feel embarrassed. The Consumer Protection Act has given another right—right to file a suit in the consumer forum. Many consumer cases against doctors are avoidable, if every patient is counselled properly and more importantly the counselling notes are documented and authenticated by the doctor, patient/patient’s relative and a witness. Some hospitals have adopted video recording of the counselling as a foolproof method of documenting (Key Box 2.5).
Counselling and the percentage: In medicine, nothing
is 100%. This should be used liberally while counselling, e.g. 10% conversion rate in laparoscopic cholecystectomy; 50–60% 5-year survival in cancer patient; 90–95% cure rate in hernia repair; 5–10% recurrence rate after fistulectomy; 50–60% chance of saving a diabetic foot.
Key Box 2.5
Patients’ Rights and Counselling
Right to
Refuse treatmentHave second opinion Change the doctor/hospital in the middle of the
treatment
Respect their rights
Do not embarrass/insult the patientDocument
Section I Basic Principles of Surgery
Truth and counselling: In a hurry/enthusiasm to
convince the patient, one is often tempted to overstep and overstate the positives and understate the negatives. It is always better to tell the truth, because truth is
constant, consistent and durable, and hence truth need not be remembered (Key Box 2.6).
Key Box 2.6
Truth and Counselling
Tell the truth, the whole truth, nothing but the truthTruth is constant, consistent and durableTruth need not be rememberedBitter truth can be made more palatableWhen the whole truth is not known, tell what is known
for sure
Do’s and don’ts: Do repeat, reinforce counselling at the
appropriate time.
Don’t argue, confront, quarrel, give false assurances, guarantee 100% results, make adverse remarks about other doctors, give opinions or sensitive information on phone.
Quality of counselling and its effects: Patients are in a
state of physical, psychological, financial and emotional distress. Counselling should more or less address all these issues; it should be cautious, careful, convincing, re-assuring and consoling. It strengthens the faith and improves reputation of the doctors and hospitals; establishes rapport, builds relationship, reduces com­plaints, consumer cases, assaults and vandalism. Sub­standard counselling is done carelessly, is indifferent, confusing and intimidating; it results in loss of faith and reputation of the doctors and hospitals, suspicion in doctor’s intentions, arguments and quarrels, assaults, ransacking, complaints and consumer cases (Fig. 2.1).
Counselling triangle: While counselling, the doctor
should be acutely aware of the presence of others and place himself in three different places—his own place, in the patient’s place and the place of the relatives and look and listen to himself.
Consent: Consent form is an important documentary
evidence in the consumer forum. Printed consent form which is usually signed by the patient/relative at the time of admission, giving blanket consent for all tests and treatment is a weak evidence. Consent taken after counselling notes are documented is strong evidence and can save the doctors from many consumer cases.
Communication and Counselling
Fig. 2.1: Dr Ashok Godhi explaining and counselling with the
help of a picture
Communication and counselling skills are put to acid test by worst situation such as when the treatment results in a severe adverse outcome due to most un­anticipated rare complication, e.g. death due to drug reaction. A successful counselling will convince, console
and calm the agitated and aggrieved relatives who understand the human limitations of the doctors and the uncertainties of the medical science. Conversely, unsuccessful counselling can result in an extremely unhappy patient even if the treatment of a complicated disease was successful and the team of doctors were extremely happy about the outcome.
Counselling is an art more than science. As much a share of success of a doctor in the practice of medicine goes to communication and counselling skills as his medical knowledge and technical skills.
9
SU10.2: Describe the steps of obtaining informed consent
for laparoscopic hernioplasty in a simulated environment. For medical simulation, a healthy person is trained and
asked to act as a patient. He is trained to mention a few symptoms and signs. In a similar manner, he will be told about a surgical procedure and its complications, etc. Simulation helps in educating trainees/undergraduates so that their communication skills/performance will improve when they see the real patient.
I have given one example of informed consent for a patient undergoing laparoscopic hernioplasty. Every surgery should have separate consent form. Remember that the relevant procedure has to be explained in patient’s own language or in a language that the patient understands. The patient should not only sign the consent form but also consent for HIV testing, blood transfusion and anaesthesia.
The steps of obtaining informed consent are as follows:
1. The consultant surgeon will explain about the disease,
why surgery is needed and what type of surgery is
planned (open or laparoscopic) and its complications.
2. He/she will allow the patient to ask any questions and
clarify his/her doublts, if any.
3. The patient, once satisfied, will need to sign on the
consent form for surgery. One witness will also need
to sign on the consent form.
4. The consent form is then counter-signed by the surgical
consultant and indicate his name, date and time.
5. Consultant anaesthetist explains the type of anaesthesia
(regional or general anaesthesia) and possible
complications related to anaesthesia. The patient will
then need to consent for administration of anaesthesia.
This form also needs a witness signature and the
consultant anaesthetist’s signature, name, date and time.
Section I Basic Principles of Surgery
3
Ethics in General Surgery
Introduction Principles of ethics
BeneficenceNon-maleficenceAutonomy
SU8.1: Describe the principles of ethics as it pertains to
general surgery.
INTRODUCTION
Ethics in surgery is not something new. It has existed since ancient times. It existed during Hippocrates (460–c.370 BC period, physicians were told to follow strict discipline, professionalism, and rigorous practice. Generally, they are advised to not harm people and if possible, help. Some code of conduct and morals existed even in ancient kingdom ruled by kings all over the world. We should know that surgery may cure a patient of his disease or surgery may save his life but surgery can also cause disfigurement, disability or even result in more problems due to complications.
Definition: Ethics is the discipline concerned with what
is morally good and bad, or right and wrong. Surgery always deals with action and it is related to the body. Thus it is more relevant today because the field of medicine has developed rapidly. There are wide range of investigations available and many of them are costly also. Developments in surgery have been rapid with advent of new technologies. These add quality to life and at the same time, a kind of glamour and sophistica­tion to surgery itself. A treating surgeon often needs to decide how much he should disclose about the nature of the disease to the patient or his relatives. He may also be in a dilemma as to what investigation to order, and how long and to what extent should he provide
) period also. During Hippocrates
Informed consentTruth tellingJustice
Life and death
Fig. 3.1: Fungating carcinoma breast with bleeding
treatment, for example, how many days to prolong life of a patient who is terminally ill and has advanced malignancy (Fig. 3.1). This chapter discusses in brief about ethics pertaining to general surgery.
PRINCIPLES OF ETHICS
The four main ethical principles are: 1. Beneficence,
2. Non-maleficence, 3. Autonomy and 4. Justice. Some alteration of these are not uncommon depending upon the location, hospital practices and considering religion and race. The first two can be traced back to the time of Hippocrates “to help and do no harm”, while the latter two evolved later. Let us look at each one of them with examples.
10
Ethics in General Surgery
11
1. Beneficence: This means, as surgeons, we have an
obligation to treat patients who are suffering, possibly due to pain or any wounds, to relieve them of the pain or any such symptom. What will you do if a patient presents to you with a bleeding ulcer?
Irrespective of the paying capacity of the patient, his race or religion, it is our duty to stop that bleeding, make him comfortable and then proceed to do what needs to be done.
2. Non-maleficence: One should not practice evil or do
harm, often stated in Latin as Primum non nocere.
This means surgeons also have an obligation not to harm the patient. Even though no surgeon would intentionally harm any patient, his surgery or investigations ordered also should not cause harm. For example, a patient with metastatic stage 4 disease of carcinoma rectum with secondaries in the liver and ascites presented with intestinal obstruction. The patient had a past history of myocardial infarction 2 months prior and was on medications. The surgeon decided to do colostomy to relieve obstruction. However, the patient died in the postoperative period due to leakage of ascitic fluid from incision site, sepsis and cardiac failure. There was an expert available in the hospital who could have done stenting to relieve obstruction. The surgeon did not inform him nor did he take his suggestions. The surgeon can be held responsible for causing harm to the patient when he could have managed the situation without surgery.
3. Autonomy: Every adult human being in sound mind
has a right to decide what shall be done with his own body. He or she has a right to know what disease he/she is having. The surgeon should give all the information about the disease, treatment plans and complications. Without this information, trust never develops between patient and the doctor. He has the right to give consent for treatment or refuse treatment even after the facts have been explained. However, if the patient is unconscious, mentally disabled, is an infant or a child, he/she will not be able to take decisions. A patient with hypotension and shock with altered sensorium due to gas gangrene has a risk of loss of limb and loss of life. He may not be in a position to understand. In such situations, the details, pros and cons must be explained to the relatives, and proceed with amputation/debridement after getting the consent from patient’s
legal representative. However, if the surgeon feels that a few hours of resuscitation can improve his mental status, he can wait for a few hours till he regains normal mental status and get consent from the patient.
Informed consent: Informed consent is a process of
taking consent from the patient/legal guardian for
Key Box 3.1
Informed Consent
Firstly, the patient should be made comfortable during
counselling and he should be able to comprehend what is being explained.
The doctor must explain about the condition of the
patient and the type of treatment planned, in the presence of a witness.
This must be explained in the patient’s own language,
taking the help of a translator as necessary.
The patient’s understanding improves with the use of
simple diagrams to explain.
A written informed consent must be taken either from
the patient or legal representative, if the patient cannot sign or is minor. The form must have details of the patient, procedure, expected complications, date and time of taking consent.
The patient, the doctor and the witness must sign on
the consent form acknowledging the explanation and giving consent to the procedure.
Only the procedure documented in the consent form
should be performed. If another lesion is encountered as a surprise finding during surgery, it should not be excised. Example: During cholecystectomy, the surgeon finds a 5 cm cyst in the liver. It was asymptomatic. If prior consent is not taken, it should not be removed.
undergoing any procedure after the procedure is explained in detail to the patient in his own language or a language that he understands (Key Box 3.1).
Informed consent in emergency situations: Example:
A patient is unconscious due to head injury following road traffic accident but has life-threatening bleeding from a ruptured spleen. In this situation, the treating surgeon should apply the first two ethical principles: Beneficence and non-maleficence, and operate. Who can give consent in this situation? The patient’s legal representative (spouse, son, guardian, etc.) can give consent. On some occasions, no relative is present and the patient is brought in by police personnel. In this situation, the Medical Superintendent of the hospital can give his consent to do surgery in order to stop the haemorrhage by splenectomy/ splenorrhaphy.
Truth telling: A valuable bond develops between the
patient and the doctor when the truth has been conveyed to the patient. For example, the patient has gallstone disease with symptoms. The surgeon must not only explain to the patient about the disease and the need for surgery but also the type of surgery, complications and difficulties that can be expected in the given patient. Any other alternate treatment options available as per guidelines issued by the
Section I Basic Principles of Surgery
12
Manipal Manual of Surgery
speciality societies—such as Association of Surgeons of India or American Society of Surgeons, etc. must also be mentioned. For example, laparoscopic cholecystectomy is the surgery of choice but laparo­scopic facilities are not available in a rural set-up, the patient must be informed about advantages of the laparoscopic procedure, non-availability of those facilities in that rural set-up and about the facilities available at a nearby place.
In a few countries including India, when a patient is diagnosed to have cancer or some serious disease, the son or daughters often request that the treating doctors not reveal the facts about the disease or chances of survival to the patient directly. Culturally, this is acceptable in a society where a senior member takes the decision. However, legally this is not. To get around the problem, the patient can be asked whether it is acceptable to him, if further treatment plans are discussed with his son, daughter or brother, who will take decisions on his behalf. This is acceptable, if the patient agrees to it.
Confidentiality: Surgeons must not discuss the disease
or patient condition to anyone without permission from the patient. However, other health care professionals who may be required to treat such patients for various medical reasons or for scientific studies, can be informed. Such situations are also implied that the patient has been told about this. However, when there is any doubt regarding presence of communicable diseases such as HIV or hepatitis B, or even who are connected with the patient to protect others from acquiring infection from the patient.
4. Justice: It is a fair, equitable and appropriate
treatment of persons. Several issues govern this. It depends upon hospital resources and the time we give each patient. Is it the same for patients with and without insurance, paying and nonpaying patients? Another example is when a physician prescribes an expensive drug, it may benefit him and there may be another drug which is equally good and cheap but does not benefit him.
LIFE AND DEATH
As of now, euthanasia, intentional killing of a person,
is rejected as unlawful malpractice. The patient may be terminally ill but conscious and well-oriented. The use of analgesic medications to the point of causing death may be considered as an intention to kill. Here, the surgeon or palliative medicine experts may have to prove their innocence.
Patients who are brain-dead or have seriously
Section I Basic Principles of Surgery
damaged brain, once certified by concerned specia-
COVID infections, one must inform people
lists, are taken off ventilatory support and are allowed to die. However, the patient’s family or relatives have to be briefed about his condition and have to be informed that the decision is taken by a group of specialists.
Examples
1. A patient with cirrhosis of liver with encephalopathy is slowly recovering but has a massive variceal bleeding. The patient is not consenting for banding therapy when explained by the doctors. If the varices are not banded, he may die or have serious conse­quences but the patient does not consent. How does one proceed in this situation? Beneficence and autonomy have conflicts. If you follow the rules of autonomy, you should not proceed. If you follow the rules of beneficence, you should proceed with banding. Now look at his mental status. He is a bit drowsy and has encephalopathy. He is not capable of understanding what the doctors are explaining. So now beneficence takes precedence. The specialist should go ahead with banding after explaining the procedure, advantages and risks involved to the patient’s relatives.
. A 65-year-old retired banker was diagnosed to have
2
a 6 cm tumor in the liver, a hepatocellular carcinoma and a big and suspicious nodule in the lung probably metastasis. He was advised to undergo surgery for the liver tumor followed by other modalities of treatment including chemotherapy and removal of lung lesion, etc. The patient said he does not want to undergo surgery as he is scared that he may die of complications and that he would resort to alternative medicines. What should be done now? It is his autonomy, he has taken this decision in spite of knowing about the disease and probable survival. So, we should not force him to undergo surgery. However, if he comes with pain/discomfort/any other complications later, it is our duty to give him the best palliation. We can also suggest that he seek a second opinion. Jehovah’s witness patients refuse
blood transfusion even when they know that their life could be in danger. This group is a sect of
Christianity. Here autonomy comes into the picture, not justice.
3. A 70-year-old man undergoes total gastrectomy followed by esophagojejunostomy for carcinoma stomach. He was a smoker with COPD, diabetes, also had myocardial infarction a few months back and was on treatment. He developed multiorgan failure on day 6 due to pneumonia and deteriorated very fast. He was intubated and he went into coma by day 14 and no improvement was seen till day 21. How to
Ethics in General Surgery
proceed in such cases? This is the time to discuss patient’s condition with his family and explain to them about his condition, whether his lung condition is reversible, take them into confidence and discontinue the treatment.
4. A 75-year-old lady was brought with bleeding per rectum of 8 months duration and jaundice of 1 month duration. It was treated as hemorrhoids for a few months. Rectal examination, biopsy and later MRI revealed advanced carcinoma rectum infiltrating the anal sphincter. She also had multiple metastasis in both lobes of liver. Relatives of many patients insist that diagnosis should not be told to the patient. How do we proceed? Call the patient and ask her whether her disease and best plan of action can be explained to her son/representative and whether she would consent for that.
5. A 35-year-old lady underwent hysterectomy for excessive bleeding. She was discharged after 5 days. However, she returned after 4 weeks with abdominal pain, distension and high-grade fever. CECT scan revealed foreign body—a left-over mop in the perito­neal cavity. The patient underwent exploration and the mop was removed. She did well and was dis­charged. What should the surgeon tell the patient? He has to tell the truth. That mop was left behind by mistake. One can also apologise to the patient. The expenses of the second operation or surgeon’s fees can also be waived off by the hospital authorities and some amount of compensation can be given to the patient. Here is a situation of harm caused to the patient inadvertently by not following certain guidelines/check lists to prevent them.
6. During COVID-19, an 85-year-old, otherwise fit patient in Nagpur whose saturation was 60%, who required an oxygen bed told the doctors in the hospital to give that oxygen bed to a 35-year-old patient who was also having 60% saturation since there was only one oxygen bed available. It was a great sacrifice. However, if you face this situation in real life in emergency department, what should be your decision? Decision cannot be based on wealth of the patient, influence from the authorities or influence
13
Fig. 3.2: Tense ascites with obstructed umbilical hernia
from politicians. A 35-year-old patient has a longer life. He may be the only bread-earning member of his family. He may have the responsibility of looking after his parents. So, he has a definite edge over the 85-year-old man/woman. So, this is fair decision and justice to resuscitate the 35-year-old man.
7. An advanced case of liver cell failure, portal hyper­tension, uncontrolled ascites (Fig. 3.2), with large obstructed ulcerated irreducible hernia with sepsis for surgery—surgery was done to relieve pain, fungation and ulceration—only as palliation. All the details about the risks were explained to the patient. Surgery was done after consent was obtained. He died on the 3rd postoperative day of sepsis, hypotension and shock.
CONCLUSIONS
If you follow guidelines of ABCDEFG of doctor–patient relationship which is given in Chapter 1 and principles of ethics given in this chapter, it is a great service to the humanity. You will give your best to your patients. You will also uphold the virtues and values of medical education and ethics.
FURTHER READING
Rev Col Bras Cir-. 2020 Jun 15; 47: 2020. Surgical ethics: a framework for surgeons, patients, and society.
Section I Basic Principles of Surgery