For immediate release: Tuesday, 23 September 2014
Doctors are reminded to respect patient autonomy and share decision making where possible, says UK-wide medical defence organisation MDDUS.
Recent stories in the press have highlighted the issues of consent and decision making where there is a dispute between doctor and patient concerning the best course of medical care.
MDDUS has encountered cases in which doctors have disagreed with a decision made by the parents of a child regarding their care. In other instances, there has been disagreement with the decision made by a competent patient regarding their own care.
Whenever these situations arise, doctors are faced with an ethical dilemma of balancing their duty of care with the patient’s right to autonomy.
MDDUS medical adviser Dr Naeem Nazem believes the risks of facing conflicts in healthcare decisions can be minimised by, wherever possible, working in partnership with patients to enable them to make informed decisions about their care.
“Nowadays, patients and their relatives have greater access to health information and seek to play a more active role in decisions about their care,” says Dr Nazem.
“In the vast majority of cases, doctors and patients work together in a partnership based on mutual respect. A shared decision, complete with a full and frank discussion of risks and benefits, is more likely to ensure a positive patient experience and outcome.
“Where an agreement can’t be reached, doctors need to consider whether a competent patient is making a choice about their own care or an adult is making the decision on behalf of a child or under a power of attorney.
“Doctors have a duty to raise concerns if they believe a parent is not acting in a child’s best interests,” says Dr Nazem. “However, when it comes to a decision made by a competent patient, doctors must respect a patient’s autonomy and right to decide, even if they disagree.”
MDDUS has dealt with cases where the relationship between doctor and patient has broken down due to a disagreement over treatment. “While doctors cannot force a patient to follow their advice, they are entitled not to provide treatment requested by a patient that they do not believe is in their best interests,” adds Dr Nazem.
“In these situations, doctors must explain their reasons to the patient and the other options available – including the right to seek a second opinion.
“MDDUS has dealt with many cases in which patients have requested unlicensed or specialist medicines from their doctors, following their own research on the internet. Doctors are reminded of their ethical duty to work within the field of their own knowledge and expertise.
“While patients are entitled to request medicines from their doctors, it is ultimately a doctor’s decision to consider whether any treatment or intervention is in the best interests of their patient.”
For further information contact Richard Hendry on 0845 270 2034 or 07976 272266, or email firstname.lastname@example.org.
Note to editors
MDDUS (The Medical and Dental Defence Union of Scotland) is a medical and dental defence organisation providing access to professional indemnity and expert medico- and dento-legal advice for doctors, dentists and other healthcare professionals throughout the UK. For further information on MDDUS go to www.mddus.com.
This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.