Professional Ethics

There are things that even lawyers won’t do

Despite all the jokes there are, in fact, a lot of things that lawyers won’t do. Or at least shouldn’t do. In many jurisdictions qualified lawyers are subject to strict ethical codes which are self-policed, usually effectively, and policed too by alert and draconian regulatory bodies.

Is there any point, then, in law firms having their own ethics committees which would decide:

(a)        how the firm should deal with ethical questions arising in the course of work?; and/or

(b)       whether the firm should accept particular types of work, particular clients or particular cases? Continue reading

How polite must I be to cold callers?

 

At 7pm, as you’re eating your dinner, you get a call from an unknown number. You pick it up, half out of curiosity (perhaps your numbers have finally come up on the premium bonds), half out of worry (was a family member likely to have been driving at this time?), but wholly anticipating the interaction that in fact transpires:

‘Good evening, I was wondering whether I could talk to [Your Name]?’

‘Can I ask who’s calling?’ you deflect.

Enthusiastically: ‘My name’s Charlie and I’m calling from Well Known Phone Company Ltd. I wanted to check whether you had thought about updating your tariff? You’re due an upgrade.’

You have, in fact, been wondering about updating your tariff, but you’re not in the mood to do it now and dinner is getting cold. You think about explaining this to chirpy Charlie, but even the thought of engaging in an exchange about whether and when you might be free to discuss it feels like too much effort.

‘We’d be able to save you about…’

‘Sorry’, you interject with a shade of sincerity, ‘I’m not in the mood for being polite.’

‘Ok, well, I…’

You hang up, feeling a twinge of guilt and tremendous wonderment at how Charlie of Well Known Phone Company Ltd remains so chirpy in the face of such rejection.

 

Ordinarily, we tend to think there is a presumption towards being polite to other people. By ‘being polite’ I mean acting courteously – considering and acknowledging the needs and feelings of others with whom we interact, even when those interactions are very brief. If someone follows close behind you through a door, you should pause to keep it open rather than letting it shut in their face. If someone asks you the time, you should at least acknowledge their question. If someone lets you into the traffic, you should indicate your thanks. This presumption towards minimally respectful behavior arises partly from social convention and partly from our duty to acknowledge the moral reality of other people.

Given the presumption towards politeness, how polite must you be to Charlie the Salesman? Were you justified in hanging up mid-sentence or did your twinge of guilt inform you that you had behaved unfairly? Or, given a less tolerant day, would you in fact have been justified in expressing anger and contempt to Charlie? Continue reading

Plausibility and Same-Sex Marriage

In philosophical discussions, we bring up the notion of plausibility a lot.  “That’s implausible” is a common form of objection, while the converse “That’s plausible” is a common way of offering a sort of cautious sympathy with an argument or claim.  But what exactly do we mean when we claim something is plausible or implausible, and what implications do such claims have?  This question was, for me, most recently prompted by a recent pair of blog posts by Justin Weinberg over at Daily Nous on same-sex marriage.  In the posts and discussion, Weinberg appears sympathetic to an interesting pedagogical principle: instructors may legitimately exclude, discount or dismiss from discussion positions they take to be implausible.*  Further, opposition same-sex marriage is taken to be such an implausible position and thus excludable/discountable/dismissable from classroom debate.  Is this a legitimate line of thought?  I’m inclined against it, and will try to explain why in this post.**  Continue reading

Paying GPs for Dementia Diagnoses

A GP in Guildford has recently revealed that the NHS is to pay GPs £55 each time they diagnose dementia in a patient. Writing on the medical website Pulse, Dr Martin Brunet, called the incentive scheme a “bribe,” put in place so that the government can “hit its target to raise diagnosis rates.”

The ‘Dementia Identification Scheme’ requires GPs to count how many patients with a dementia diagnosis there were on their register at the end of September, and to compare this with the number at the end of March 2015. They will then receive £55 for every extra patient. The full service specifications can be found here.

Continue reading

Would Legal Assisted Suicide be the Final Triumph of Market Capitalism?

Tomorrow  in the House of Lords Lord Falconer’s bill on assisted dying will be debated. The bill would allow those who are terminally ill and likely to die within six months to request life-ending drugs from their doctor for the patients to use as and when they see fit.

As might have been expected, there has been huge discussion over the bill, but most of the arguments presented so far are not new, and the same will probably be true tomorrow. But there is one I haven’t seen before, put forward recently by Giles Fraser: that assisted suicide is the ‘final triumph of market capitalism’. Continue reading

“Puppy Farm” or “Commercial Breeder”?

As the diverse range of topics on this blog testifies, philosophical questions concerning practical ethics crop up every day, in a variety of circumstances. Today, I had my own ethical dilemma – this time regarding puppies. Having just moved into my new house, I am now searching for a puppy. When I saw an advert for some puppies for sale in a small village in South Oxfordshire, I became excited: could this be the one?

This morning, after I had arranged an appointment to visit the pups, I began searching online for more details. Specifically, the pups were being sold by what is known as a “commercial breeder”: a business that breeds and sells puppies, primarily for profit. To me, this sounded almost identical to the oft-maligned “puppy farms”, or “puppy mills”. As one website (www.dogstuff.info) describes it, a puppy farm is

 A business that mass-produces dogs for a profit with little or no regard for the health and well-being of the puppies and dogs.   It is a facility where puppies are sold to brokers, pet stores or individuals without regard for the puppy.  They usually have many breeding animals in many different breeds and often, but not always, substandard health, living and socialization conditions. Continue reading

Moral Luck Revisited

The tragic sinking of the South Korean ferry raises again the problem of moral luck which Bernard Williams did so much to expose in his famous 1976 article on that topic. The South Korean president has now claimed that the captain of the ferry is a murderer, implying that he is subject to the same degree of blame as any other murderer. Continue reading

How much transparency?

By Dominic Wilkinson (Twitter: @Neonatalethics)

There are reports in the press this week that the remains of 86 unborn fetuses were kept in a UK hospital mortuary for months or even years longer than they should have been. The majority were fetuses less than 12 weeks gestation. According to the report, this arose because of administrative error and a failure to obtain the necessary permissions for cremation.

The hospital has publicly apologized, and set up an enquiry into the error. They are planning to cremate the remaining fetuses. However, they have decided not to contact all of the families and women whose fetal remains were kept on the basis that this would likely cause a greater amount of distress.

Is this the right approach? Guidelines and teaching in medical schools encourage health-care professionals and institutions to own up to their errors and disclose them to patients. Is it justifiable then to not reveal errors on the grounds that this would be too upsetting? How much transparency is desirable in healthcare?

Continue reading

Doctors: turn off your computer and listen to your gut

‘Between the NHS and social care, there must be total commitment to ensuring that interaction is paperless, and that, with a patient’s consent, their full medical history can follow them around the system seamlessly.‘ So said Jeremy Hunt,the Health Secretary, on 16 January 2013. And NHS England say that: ‘Our vision is for a fully integrated digital patient record across all care settings by 2018’.

It sounds like a good idea. It’s not. Or not in its present form. Many of the concerns that have been expressed relate to privacy/confidentiality. Those concerns are real. But even if they can be satisfactorily addressed, electronic health records have the potential to do great harm. They divert attention from the patient to the screen, and they cause clinical skills to atrophy.

David Loxterkamp recently observed that the computer in the consulting room is a Frankenstein-like creature: ‘….we have created a place in our exam rooms for a computer that needs our care and feeding. It now directs the flow and purpose of an encounter that once unfolded organically according to the particular needs of the patient.’ The electronic servant becomes the master. Continue reading

The Situational Judgement Test – a great tool for the wrong job?

Next week, thousands of final year medical students will sit a Situational Judgement Test (SJT) as part of the application for their first medical jobs. This will be the second year that the Foundation School Application System (FPAS) has used the SJT, which was developed by the Improving Selection to the Foundation Programme group (ISFP), and replaced the resource-intensive and perceived-unreliable short-answer questionnaires of the previous application process. Continue reading

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