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    Is The Government Putting Medical Ethics At Risk?
    By Hank Campbell | May 15th 2012 01:47 PM | 13 comments | Print | E-mail | Track Comments
    About Hank

    I'm the founder of Science 2.0® and co-author of "Science Left Behind".

    A wise man once said Darwin had the greatest idea anyone...

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    A short while ago we carried a strange claim from a group of ethicists at Oxford.  Not only should abortion be okay, actual children should be aborted even after they are born.

    They're ethicists so they can be dismissed rather quickly. Tomorrow they are just as likely to be arguing there should be no abortion at all if you can't abort newborns.  Yet there is growing concern that the government doing more things for more people in the best interests of overall society is leading to a resurgence in the social authoritarian rationalizations that gripped the country (and really, the world) the last time progressives held any power. 

    You've probably heard the name Oliver Wendell Holmes. He was a Supreme Court Justice, the son of a doctor and poet.  If you have seen the phrase "clear and present danger" regarding freedom of speech and the example of "falsely shouting fire in a theatre and causing a panic", that is him. Republican Teddy Roosevelt nominated Holmes because they were both progressives - but they turned out to be very different kinds.

    Unlike most prior Supreme Court justices, Holmes didn't subscribe to any personal sense of morality - he instead subscribed to legal positivism, the idea that there is no connection between law and morality. Or ethics. Or even logical formalism. Given that, and his belief in progressive principles, he found one social authoritarian progressive policy, eugenics, completely acceptable. One young woman, Carrie Buck, he called the “probable potential parent of socially inadequate offspring, likewise afflicted” and stated that “her welfare and that of society will be promoted by her sterilization” - because she had been raped at 17 and got pregnant.  Actually, Holmes did not buy that she had been raped at all. It was believed by some that her mother had been institutionalized for being "promiscuous" and eugenics theory said young Carrie was likely promiscuous also - I know it sounds bizarre to most of a literate audience today but some people outside the reality-based science community also claim you can physically inherit voting from your parents, so progressive looniness is not just some old-timey phenomenon. 

    Given those things Holmes said, "It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough."

    Shocking words, but that sentiment got him a government stamp in his honor and a Hollywood movie about his life. Those beliefs may also be coming back, worry some doctors. In a world where the government has to pay for metabolic diseases you may get if you get fat, why wouldn't modern progressives feel like they have a legitimate reason to ban Happy Meals?

    Should the Patient Protection and Affordable Care Act (Obamacare to detractors) survive in the Supreme Court, 15 presidentially-appointed members on Independent Payment Advisory Board (IPAB) will determine what doctors can do and still be covered by Medicare. This IPAB is not subject to any Congressional oversight.

    Creepy, right? Not to all because it is gradually becoming the system that is in place. Old doctors will balk but young ones are being suitably indoctrinated from the outset.  The Centers for Medicare and Medicaid Services (CMS) has already instituted protocols for physicians to follow, including things that aren't shown to be any benefit, like pre-operative antibiotics for surgery.  They penalize hospitals that don't comply with their guidelines, meaning they aren't going to get paid. How long will young doctors be able to withstand that pressure?


    Medicine went from quackery before 1850 to terrific - but new rules may turn doctors into veterinarians.  Photo: Shutterstock

    It's more than monetary, it's also cultural. Since doctors are now in a 'teach to the protocol' environment controlled by the government, notes Dr. Jeffrey A. Singer, a Fellow of the American College of Surgeons, younger doctors will be less likely to buck new government rules in the best interests of patients, or even to have any creative thought at all.  If a highly accomplished group created those guidelines, doctors taught to accept science and reason and expertise are not going to question them, even when it leads to cookie-cutter medicine.

    Like science, medicine requires intellectual freedom.  Unfortunately, there are persistent efforts to squash intellectual freedom for both of those fields. 

    Singer is no conservative crank, he was a key person behind passage of the Arizona Health Care Freedom Act and is treasurer of the US Health Freedom Coalition, which pushed for doctor and patient freedom of choice (*gasp*) in health care decisions - true liberalism, something everyone claims to believe in. Obviously, there was once a concern that insurance companies were the worst thing that could happen to doctors and the freedom to do good medicine.  Yet a doctor with 30 years of experience in private practice and patient advocacy has already seen enough changes to believe what is coming is not better for patients than HMOs, it is worse.

    Being told what to do in medicine by a court or the government healthwise is no different than what insurance companies do now, right?  Of course it is.  If a private company sends you a bill and you do not owe the money, you have a recourse. If the IRS sends you a bill and you do not owe the money, they put a lien on your bank account.  And so the decisions of the government regarding medical care are much different than the decisions of an insurance company because there is no fallback position, like there is now. Today, a doctor and a hospital can undertake to use a treatment for the benefit of a patient and simply not get paid - if the government makes the rules, the government can and will put people in jail. While the best fix for society and health costs would be tort reform and therefore a reduction in the costs of defensive medicine, a right to sue will always be an important protection. You never hear about soldiers suing the government for a botched medical treatment - they legally cannot.

    Limiting doctors may also lead to 'ethical' cancer - your general physician may start to think less like a follower of the Hippocratic Oath and more like a veterinarian.  That isn't good for society - advancements are made by taking risks, not practicing overpriced defensive medicine and handing doctors a checklist of protocols they must obey regardless of what their experience shows.

    Older doctors are a rebellious, cranky lot, even the ones who came of age during the era of Big Insurance - they won't react favorably to another layer of rules. We have to hope younger ones are inspired by doctors of the past 150 years and will balk at being ethical puppets of the latest cultural whims. Just because the government makes it legal and possible and even encourages doctors to act more like veterinarians doesn't mean they will.

    Comments

    Gerhard Adam
    I'm not sure what your beef is with veterinarians, since they often do far more on behalf of animals than doctors do for regular patients. 

    However, that aside ... your example about the insurance company begs the question, because it suggests that doctors can choose a course of treatment.  That simply isn't true.  The insurance company determines what treatment they will cover, so if a doctor wishes to proceed you will either pay yourself, or the doctor won't get paid.  How is that different than the doctor not getting paid by Medicare?  In either case, financial levers are being used to determine what types of treatment are available.

    The ethical questions already exist, and they aren't going to go away regardless of whether the system changes or stays exactly the same.  That's simply been something we've been ignoring, instead of addressing the real issues that need to be discussed in our society.  Whether it be the government or insurance companies, costs cannot continue to rise.  At some point, we have to make decisions regarding what gets covered and the expenses that can and will be incurred in order to save someone.

    To many, that will sound like heresy, but they've gotten away with it because insurance was something that was often absorbed by large corporations as part of benefits packages.  As more and more people realize how expensive health care is, and are having to pay for it themselves, the issues are going to be more clear.

    Everyone wants all possible effort made to save a loved-one.  However, who would agree with the idea that we need to invest "whatever it takes" to save everyone?  After all, unless you're wealthy, the money that goes into health care is "other people's money".  No matter whether it comes from taxes or insurance premiums, it isn't an endless source, so we have to stop pretending as if it were.

    Instead of all the hype, we should be discussing some real issues that could help alleviate the problems instead of only focusing on the political angle.  We need more doctors ... how come we aren't taking steps to produce more?  Costs are out of control ... why are hospitals allowed to charge whatever the market will bear? 

    This is a societal problem and isn't something that we can simply sweep under the rug by pretending as if everything is perfect if it weren't for that dreaded Obamacare.  The reality is, that national healthcare is being discussed simply because the current system doesn't work.   I happen to think that Obamacare isn't going to solve the problems, but neither do I believe that the current system will correct itself either.

    While I certainly don't the answers to it all, I can confidently state that further politicization of this issue will not solve anything.
    Hank
    I'm not sure what your beef is with veterinarians, since they often do far more on behalf of animals than doctors do for regular patients.
    Nothing at all against them, they are terrific.  But they make a pretty quick decision on what is worthwhile regarding animal treatment and when an animal should just be put down, thus the example.
    However, that aside ... your example about the insurance company begs the question, because it suggests that doctors can choose a course of treatment. That simply isn't true. The insurance company determines what treatment they will cover, so if a doctor wishes to proceed you will either pay yourself, or the doctor won't get paid. How is that different than the doctor not getting paid by Medicare? In either case, financial levers are being used to determine what types of treatment are available.
    On that part, I am highlighting the concern of a doctor who has decades of experience and is a longtime patient advocate.  He feels like the coming system is even worse than insurance.  He may have a point.  As I said, suing the government will be impossible.

    I agree that more politicization is bad.  Unfortunately, it's what we got.
    Want more no-nonsense, independent science? Buy Science Left Behind
    Gerhard Adam
     But they make a pretty quick decision on what is worthwhile regarding animal treatment and when an animal should just be put down, thus the example.
    That actually opens up a whole different discussion, but usually it's the owner that makes such a decision.  However, let's keep in mind that doctors, as well as politicians seem to think that it's perfectly reasonable to bankrupt somebody simply because they should have a moral obligation to keep someone alive well beyond what is reasonable.  This is part of the unspoken ethical dilemma, when a situation like the Terri Shiavo case becomes the center of a controversy, it's interesting that no one ever once mentions how much money is being spent in preserving someone in a persistent vegetative state. 

    Why is it illegal for someone that is terminal to choose their own exit?  Why does everyone feel that it is perfectly reasonable to force someone to run up thousands of dollars in expenses knowing full well they can't be saved? 
     As I said, suing the government will be impossible.
    Only slightly more impossible than suing an insurance company.  At least with the government there's a reasonable chance that there's an agency that will try to help you.  Insurance companies have the legal means to simply drop you, and no one else has to pick you up.  It's all perfectly legal, and you're perfectly screwed.

    I also have a problem with many of the doctors that claim to be "patient advocates".  After all, it is quite easy to be an advocate when, again, you're spending everyone else's money.  There are few doctors that would do something for free or a reduced rate in order to help a patient. 

    Don't get me wrong.  I happen to think that there are many really good doctors around, so I'm not criticizing their intentions with respect to patient care, but I am critical of them for not being significantly more proactive in helping reduce the costs of such care.  When one considers the cost of a stay in the hospital [just routine over-night] it is impossible to determine why the costs should be so high, when there is little required.  There's something fundamentally wrong with a system, where it becomes cheaper to stay in a 4-star hotel with a private nurse, than to stay in a hospital room.  As I've said elsewhere, this occurs only because there are no market forces to contend with.  Whatever the insurance company pays is what gets billed, so I don't believe that there's anyone within the health care industry that is capable of "cleaning house".

    In my view, one way to start cleaning up is to simply drop all health insurance coverage for employees.  Let them buy their own policies and get everyone on the "same page".  Perhaps then, we can begin to have a dialogue about those costs.  But for all the people screaming about "socialized" medicine, it appears none of them have a problem with it being "socialized" in the sense that they obtain it from their employers.  They certainly don't pay for it themselves.
    vongehr
    "Only slightly more impossible than suing an insurance company.  At least with the government there's a reasonable chance that there's an agency that will try to help you. ..."
    Very good point and actually the reality in countries that provide healthcare. Also thanks for mentioning politicization - but tread careful Gerhard.
    Hank:

    I enjoy your ruminations. Thanks.

    I think you give us physicians more credit than we deserve. Our costs (twice what Europeans pay) and results (health that lags behind the rest of the industrialized world) don't make me want to give docs more money and power. Not that I think America's relatively poor health is doctor's fault (that's from bad lifestyles that are closely linked to our high poverty rate). But our healthcare sucks up a lot of money with no visible overall payoff. I agree "Medicine went from quackery before 1850 to terrific. " But in the last 30 years or so doctors blew it, doing more costly but minimally helpful preventive stuff. We do what everyone else does: making money best we can. Professional ethics have proven insufficient to make most doctors work toward patient benefit most of the time.
    Needed reform will come from payors rewarding docs for doing the right things.
    The government shows signs of being able to do that better than insurance companies. I and many other docs would rather deal with Medicare than commercial insurance. The payment rules are in the open and sometimes have at least some evidence behind them. Yeah the rates are lower, but Uncle Sam always pays me what I expect, on time. Insurance companies seem to capriciously and randomly deny payment without explanation. The government has the best resources to re-engineer payment based on quality and expected efficacy of care. I also favor single payor for efficiency: one set of rules instead of many, about 3% administrative costs instead of 17-30% in the insurance world.
    Don't be suckered by doctors claiming they are treating you based on their "experience." You're smarter than that. Scientific evidence trumps opinion every time. As you are good at pointing out too much medical research is sloppy, observational and geared toward commercialization. Healthcare straddles the biological and politico-economic worlds. Doctors must accede to scientific realities and choose to value patients' benefit over their own. Rigororous science is what made us terrific in the 100 years after 1850, and we need more of it today to fix our broken healthcare mess.
    I love freedom and money and I wouldn't presume to tell you what to believe politically. But the evidence shows many places where doctors get more money continue to have worse rather than better health.

    Hank
    Good insight and thanks for taking some time to comment.  I'm generally libertarian but on health care I would have nationalized the entire thing and been done with it.  We show no signs of engaging in tort reform and without that, we have defensive medicine and that costs a lot more than malpractice insurance and lawsuits. The only arguments I heard against nationalizing it was quality and cost - the best quality at the high end while people on the low get nothing isn't great. It's terrific that rich people from nationalized health care still come here,we can be proud - except we can't.  And many people in the US are already paying European taxes so the argument that we would be paying European taxes is meaningless.

    What we got instead was bad law, clearly unconstitutional, that was jammed through Congress without even a clear idea of which of 5 plans would be enacted.  Now we will have spent 4 years and hundreds of millions of dollars on nothing.  Adding to that with pointless red tape and no improvement for poor people is crazy.


    Want more no-nonsense, independent science? Buy Science Left Behind
    Agree with a lot of what you say except about pre-operative antibiotics.
    Randomized trials ( real science) have shown they reduce post-operative infection rates.
    Drug needs to be administered prior to incision so the patient has therapeutic drug levels at start of case
    Post-operative antibiotics are not effective.

    Matt

    IMHO morality and similar are valuable bodies of knowledge arising from experience with what set of ideas tends to promote success for both the individual and the group. The Utilitarian flavor is too extreme for me because it assumes people can accurately assess things impossible to measure, such as the potential value of a human being. It's pretty easy to refute the extreme stuff: just imagine everyone going along with it, all heck breaks loose...
    Gerhard Adam
    ...assumes people can accurately assess things impossible to measure, such as the potential value of a human being.
    It doesn't really matter if they can do it.  It is being done.  No one believes that saving an individual's life is an open-ended proposition, so whether we have the discussion or not, somewhere there is a decision being made that will be based on "value".

    The problem in all of this, is that people don't want to acknowledge that we will all die.  This is a guaranteed outcome, so we invariably must face the conclusion that, at some point, we will be committing resources to outcomes that cannot be altered.  No one likes to hear it, and no one likes to think about it, but it is a problem that society has to face. 

    Hank
    I agree, it is being done - but when we know it is done to silly effect, we shouldn't allow every change, or at least undo it when they are flawed.  A rather silly 55 MPH speed limit, for example, made casual criminals of a lot of people (bad) but also caused us to believe that the lives of people in cars driving 60 MPH were important but the lives of people in cars doing 50 MPH were not.  Obviously if we cared about truly saving lives we would make the speed limit 5 MPH.

    But that isn't practical and all it took was taking down some road signs and things were less crazy, though we still have to wonder why the lives of people in cars going 70 MPH are important, etc.  However, federalized medicine that we know in advance has too many flaws to be workable and can never be undone should not be done in the first place.  Insurance is not great but the solutions are to get people back to regarding insurance as insurance and not free health care - it need not cover breast implants, viagra or birth control, regardless of how activists will insist one or all of those things are essential.   And we would need actual legal reform to keep quality high but costs reasonable.  

    'Benefits' were created because of progressive wage controls in World War II - it was the only way to compete for workers because companies were not allowed to pay higher salaries.  If health insurance were the same tax write-off for people it is for companies the supposed 'under-insured' would disappear.
    Want more no-nonsense, independent science? Buy Science Left Behind
    Gerhard Adam
    ...regarding insurance as insurance and not free health care...
    Yes, but that's the first problem.  You cannot insure something that, by definition, you cannot place a value on.  This is one of the reasons why I've argued against insurance companies completely and stated that health care should deal with its "market" directly.

    Many people think that it would result in people not being able to afford health care at all, but I expect that most health professionals will quickly realize that they won't have a job if they don't bring their costs into line with reality. 

    If we wanted something like insurance, then why not model it after life insurance?  Pay a premium for a certain specific amount of coverage. 
    And we would need actual legal reform to keep quality high but costs reasonable.
    Again, much of the problem is the professions themselves have promoted the notion of being adversarial and consequently lawsuits are the only means available to resolve issues.  Often it is only the fear of a lawsuit that gets people to even talk.  I've seen too many instances of doctors behaving arrogantly until they realize they've screwed up and are liable.  Suddenly they become amenable to conversation.  Why not dispense with the arrogance and get problems resolved first?

    While I don't have anything except anecdotal data, I expect that the majority of people would prefer not to sue doctors, if they didn't feel that they were being ignored until they contacted an attorney.  Those are problems that can readily be addressed and require no reforms or even money.  They simply require that the health care industry wake up from its sense of entitlement.
    Hank
    Many people think that it would result in people not being able to afford health care at all, but I expect that most health professionals will quickly realize that they won't have a job if they don't bring their costs into line with reality. 
    Agreed. Before I moved to California, both my doctor and my dentist did not take insurance and it was quite reasonable.  Now, these were older people not indoctrinated in the 'teach to the protocol' environment and the malpractice costs were likely lower - but as I have discussed in the past, malpractice is not the big waste issue, defensive medicine is.
    Want more no-nonsense, independent science? Buy Science Left Behind
    Depends on who makes the decision. I am fine with ANY METHOD WHATSOEVER except public policy, and as to public policy, the worst way to determine that is by majority vote.