Skip to content

Professional Ethics

Academic freedom isn’t free

Should scientists be allowed to publish anything, even when it is wrong? And should there be journals willing to accept everything, as long as it seems interesting enough? That is the core of a debate that has blossomed since the journal Medical Hypotheses published two aids-denialist papers. Medical Hypotheses is a deliberately non-peer reviewed journal: the editor decides whether to publish not based on whether papers are true but whether they are bold, potentially interesting, or able to provoke useful discussion. HIV researchers strongly objected to the two papers, making the publisher Elsevier withdraw them. Now there are arguments for removing Medical Hypotheses from PubMed, the index of medical literature. Ben Goldacre of Bad Science and Bruce G Charlton, editor of Medical Hypotheses, debate the affair on Goldacre's blog. Are there scientific papers that are so bad that there should not be any journal outlet for them?

Read More »Academic freedom isn’t free

Telling porkies: should the doctor tell her patient where the medicine comes from?

In a column in the New York Times this week Randy Cohen fields a question from an anaesthetist. Should the doctor ask a devoutly religious patient whether he minds that his anticoagulant (heparin) is derived from pigs? In reply Cohen suggests that the doctrine of informed consent requires the doctor to consider the non-medical preferences of the patient and make sure Muslims, Jews and vegetarians know where their medicine is coming from.

Read More »Telling porkies: should the doctor tell her patient where the medicine comes from?

Four… three… two… one… I am now authorized to use physical force!

Noel Sharkey, Professor of Artificial
Intelligence and Robotics at the University of Sheffield, warns that we are well on our way to get military killer robots that have great autonomy in applying deadly force. Current military "robots" such as UAVs have limited autonomy. They are
remotely controlled by humans, but increasingly given ability to
patrol, find targets and attack on their own. It would be a natural
progression to give them increasingly free reign, with the humans
merely granting permission – but in an active situation human reactions
might be too slow. Will the current convention that a properly trained
military human operator has to make the final decision still hold true
in the future?

Read More »Four… three… two… one… I am now authorized to use physical force!

In a world of low risk obstetrics, is home birth unethical

It is reported that women who give birth at home with an independent midwife are nearly three times more likely to have a stillbirth than those who give birth in hospital; many other outcomes were “significantly better”. 

 

Perinatal deaths following home birth were associated with an underestimation of the dangers of high risk pregnancies such as preterm birth, twins, vaginal breech births and fetal distress (Bastian H et al.  BMJ. 1998; 317: 384–388). Even some IVF pregnancies were managed at home.

 

Midwives are trained in carrying out normal deliveries, not complex high risk manipulative deliveries such as breech deliveries; these should not be performed by unskilled operators. In addition, caesarean section is advocated for most women with a breech presentation or twins. 

 

Home birth in high risk patients is inadvisable and experimental (Bastian) and is opposed by professional colleges and here and here. Women with an increased risk of complications should be delivered in hospital where obstetricians can spot those complications. Women should be told this – in the recent study there is no suggestion that UK midwives told them. 

 

Read More »In a world of low risk obstetrics, is home birth unethical

Oxford Debates Cont’d – Opposer’s Closing Statement

Part of the debate "The NHS should not treat self-inflicted illness"

Opposer: Charles Foster
Closing Statement

The criterion 'self-inflicted' is unworkable in practice. One simply does not know in many cases whether a particular disease or injury is self-inflicted. Yes, there is ample evidence to show that smoking can cause lung cancer. But some lung cancers are not caused by smoking. How can medical decision-makers decide in the case of Patient A, a smoker, that her cancer is a result of her smoking?  Such matters of medical causation are notoriously hard to resolve even in the courts, with the luxury of expert evidence, unlimited time and prolonged argument from counsel.
Many illnesses are caused by a (generally mysterious) interaction of genes and environment. How does Dr. Sheehan take account of the genetic contribution? Suppose that Patient B has a familial predisposition to high cholesterol. She only discovered this in her thirties. Until then she ate a diet that would be fine in someone without her predisposition, but is dangerous in her case. She gets atherosclerosis and needs a coronary stent. Should she have one? Is her condition self-inflicted? Would Dr. Sheehan's decision about her treatment depend on whether she should, with the exercise of appropriate care (what's 'appropriate'?), have cut down on the pies earlier than she did? These questions are horrifically difficult. We can multiply them ad nauseam. They are all raised by Dr. Sheehan's purportedly straightforward criterion.

Read More »Oxford Debates Cont’d – Opposer’s Closing Statement

Oxford Debates Cont’d – Proposer’s Closing Statement

Part of the debate "The NHS should not treat self-inflicted illness"
Proposer: Dr Mark Sheehan

Closing Statement

What is most difficult about topics such as this one is that there are clear intuitions on both sides. These intuitions pull against each other and tempt us to focus on extremes at either end. The solution lies in the middle, where we can respect the desire to care for all those who are suffering as well as taking seriously the network of rights and responsibilities on which society is based.

Read More »Oxford Debates Cont’d – Proposer’s Closing Statement

Oxford Debates Cont’d – Opposer’s update 2

Part of the debate "The NHS should not treat self-inflicted illness"

Opposer: Charles Foster
Update 2

Dr. Sheehan has fairly and inevitably surrendered. The motion as it stands is wholly unarguable.

But he contends that there are still important matters to discuss. I agree. Let's look at the 'subset of extreme examples' he relies on, where it is blindingly obvious that injury has been self-inflicted. The three clearest examples are perhaps attempted suicides, injuries resulting from dangerous sports, and some road traffic accidents.

We need to start by chasing away one red herring: insurance.  Of course bungee jumpers and parachutists should be insured. Insurance is mandatory for drivers. I have no difficulty with the proposition that the NHS should recoup the cost of care from the bungee jumper's insurer. But let's suppose that the insurance company won't pay. There could be many reasons. The jumper's wife might have failed to post a letter; the tour operator, unbeknown to the jumper, might not have been on the insurer's approved list; the insurer might litigate long and hard to avoid liability on a technicality.

Read More »Oxford Debates Cont’d – Opposer’s update 2

Oxford Debates Cont’d – Proposer’s update 2

Part of the debate "The NHS should not treat self-inflicted injuries"

Proposer: Dr Mark Sheehan
Update 2

As Foster suggests we must be clear about the motion. So what might it mean to 'not treat self-inflicted illness'? If it means not treating an illness or condition that was in some way the result of choices of the patient, not only would the motion require that the NHS not treat the flu — if only people had no contact with each other — but it would be a complete waste of time to discuss.

The motion does raise an important issue, and a live issue, and so it should be given a sensible interpretation. Precisely because of this 'self-inflicted' must mean something like 'those illnesses that can be shown to be self-inflicted.' The background to all of this of course is the body of evidence surrounding particular kinds of life-style decisions. So when we refer to self-inflicted illness we do not mean all cases, but the subset of extreme examples where particular choices have been made and the knowledge that is clearly available in society has been ignored.

We also need to be clear about the ways in which the NHS might 'not treat.' First, 'not treating' can involve blocking access to particular care or procedures. Foster concedes that the processes in the NHS for making decisions about funding may conclude (apparently with some justification) that heavy smokers should not be given coronary bypasses — because they smoke. Clearly here, the choice to smoke by the patient means that they are denied treatment. The smoking causes the conditions that the make the coronary bypass likely to fail.

Read More »Oxford Debates Cont’d – Proposer’s update 2

Oxford Debates Cont’d – Opposer’s update 1

Part of the debate "The NHS should not treat self-inflicted injuries"

Opposer: Charles Foster
Update 1

It simply won't do to underplay the practical difficulties posed by this motion. The motion is not 'The NHS should not treat those illnesses which can be shown beyond any doubt to have been self-inflicted', but 'The NHS should not treat self-inflicted illness'.  The world of medical causation is simply not as straightforward as Mark Sheehan suggests. To reiterate: to prove a link in the general population between smoking and lung cancer is a very different thing from proving it in an individual patient.

There are no 'robust' or indeed any systems in the NHS for dealing with this sort of issue. Nor can there be. Questions of individual causation are argued expensively before the courts in clinical negligence cases. They are notoriously nightmarish. The same job can't be done by committees, however enlightened or well meaning.

Read More »Oxford Debates Cont’d – Opposer’s update 1

Oxford Debates Cont’d – Opposer’s Opening Statement

Part of the debate "The NHS should not treat self-inflicted illness"

Opposer: Charles Foster (Barrister & teacher of medical law and ethics at
Oxford. He is attached to the Ethox Centre and is an Associate Fellow
of Green Templeton College)
Opening Statement

'The NHS has shown the world the way to healthcare, not as a privilege to be paid for, but as a fundamental human right', proclaimed the Department of Health in 2008. 'The values of the NHS – universal, tax-funded and free at the point of need – remain as fundamental today to the NHS as they were when it was launched in 1948.'

These values are important. We abandon or dilute them at our peril.

Mark Sheehan suggests that we have to grow up: to shoulder responsibility for our own actions and omissions. Why, he asks, should society pick up the bill for my stupidity?

There are many answers. Some of them will be ventilated over the next few weeks. But here are a few:

Read More »Oxford Debates Cont’d – Opposer’s Opening Statement