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What do I do now?
In the first of a new occasional series, Tomasine Kushner and David Thomasma guide us through a medical student's dilemma
Although there is a lot of literature on ethics, medical trainees do not think that they are being adequately prepared for the daily struggles they will face when they qualify. "What do I do now?" is a column devoted to breaking what, until now, has been a code of silence surrounding the most troubling issues faced by trainees at all levels as they try to balance learning medicine, performing procedures, and interacting with patients and colleagues.
We invite readers to submit their own dilemmas for possible presentation and discussion. In all cases scenarios are presented anonymously to prevent identification of individuals and institutions involved.
Thomasine Kushner, University of California, Berkeley, and David C Thomasma, Loyola University Chicago Stritch School of Medicine, are coeditors of the forthcoming book Ward Ethics, published by Cambridge University Press, from which some of the cases and commentaries in this column will be drawn.
| Case: "Omit the mistake"
As a medical student, I observed that a
patient was suffering an adverse drug
reaction because he had been given an
overdose of medication. The patient was
told that his discomfort was due to an
allergic reaction to the medication. He
was not told that an order had been
written improperly. I was then instructed
to write a note documenting the incident
but omitting the "mistake."
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Commentary:
When I was a medical resident I prescribed
an overdose of an anticoagulant for an
elderly man who being treated for deep
vein thrombosis. At that time, the drug
Dicumarol was being replaced by
Coumadin (warfarin sodium - an anticoagulant), which was 10 times more powerful.
In writing the prescription I used the more
up to date medication but inadvertently
put the decimal point in the old fashioned location. Within a few hours
the patient was producing beet
juice urine. I was horrified. I had
just turned the patient's illness
from one that was potentially life
threatening to one that was
imminently life threatening.
I told the patient what had happened, but I cannot take credit for lofty
virtue in doing so. I had no choice. We
were in this together. I spent the rest of the
day and the entire night by his bedside following his heart rate and blood pressure. I
gave him vitamin K, checked his urine and
stools, and stuck the poor man's fingers to
draw haematocrits - all this after I had
typed and crossmatched his blood, and
transfused him with three units. He seemed
to be bleeding everywhere I looked.
Throughout this adventure the patient
kept trying to console me as much as I was
trying to administer to him. Every time I
had to do a painful pinprick of his finger
to get blood, I must have conveyed my
own pain so vividly that the patient kept
reassuring me that it wasn't so bad. In the
early hours of the morning he began to
produce a more elegant vin rosé, and we
both took the occasion to offer
it to each other in celebration.
I was struck by how much the patient continued to trust
me even after I had given him good reason not to.
Somehow, the fact that I promptly confessed my error, promptly tried to correct
it, kept close watch, and thereby made clear
that I would do my best to protect him - all
this reassured him. He could see we were
in this together.
The outcome made it easier, of course. We were lucky. He came away intact. And I came away wiser.
This, in fact, is how most doctors absorb
their most powerful and unforgettable
lessons: from their mistakes. So that
today, when I hear on rounds about a student's or resident's mishap, I'm quick to
confess my own failings. "If it's true you
learn from your mistakes," I say to the miserable soul, "someday I'll know everything."
Lawrence J Schneiderman professor
departments of family and preventive medicine and medicine, School of Medicine, University of California, San Diego
Commentary
A patient's medical record is sacrosanct in the sense that it must be consistently maintained with scrupulous attention to completeness and accuracy. Under no circumstances, and certainly not for the purposes of disguising someone's mistake, should any misleading information be placed in the record. Writing a note that suggests that a patient experienced an allergic reaction to a particular medication when that is not the case cannot be justified on any grounds. To do so would deprive the patient of that medication in the future when it may be critical to his or her health.
If the treatment of the patient became
an issue in subsequent litigation, the person who entered that note in the record
could be called to testify about the incident.
That individual would have to choose
whether to acknowledge the inaccuracy of
the note or stand by the accuracy of the
note as a factual representation of what
happened to the patient, and hence commit perjury.
Medicine is practised by fallible human
beings. Mistakes are made, and when they
are discovered and have adversely affected a patient they must be acknowledged.
The place of truth telling in medical ethics
has been encumbered by what might be
referred to as "the therapeutic privilege."
Technically, that phrase refers to one of
only two recognised exceptions to the general rule that the patient's informed con-
sent must be obtained to a procedure with
any risk that is not de minumus. If, in the
doctor's judgment, disclosure of the
patient's condition is likely to create an
unreasonable risk of serious harm to the
patient the doctor may invoke the therapeutic privilege and withhold that information. Except in these exceedingly rare circumstances, the general rule of medical
ethics and medical law is that a doctor has
a duty to disclose to the patient all information that is necessary for an informed
decision to be made about treatment
options.
Historically, something like the therapeutic privilege was used by many doctors
when they withheld the diagnosis of a terminal or life threatening condition from
patients. Unlike the confidentiality of
patient information, which has roots running deep into the Hippocratic medical
corpus, truth telling as a general principle
of medical ethics was not recognised until
late in the 20th century. This strikes me
as a curious artifact of the history of medicine if we are to think of the doctor and
patient relationship as fiduciary in nature.
A fiduciary is one who owes another the
duties of good faith, trust, and confidence.
It is by definition, therefore, inconceivable
that you can discharge the responsibilities
of a fiduciary while at the same time
withholding from the person to whom
those responsibilities run information that
bears directly and substantially on that
person.
Ben Rich associate professor in the bioethics programme
University of California, Davis Medical Centre, Sacramento, California

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