Patient Confidentiality Laws
Although there is disagreement about the issue of abandonment and the duty of health care professionals to treat patients, even in the face of personal inconvenience or risk, some helpful insights can be gained from the thought of Edmund D. Pellegrino. In his article, "Altruism, Self-Interest, and Medical Ethics," Pellegrino addresses the particular case of physicians and the treatment of persons with AIDS. To begin, the author questions the notion that, "medicine is an occupation like any other, and the physician has the same 'rights' as the businessman or the craftsman" (Pellegrino, 1991 p. 114) As a counter to this notion, Pellegrino draws out three things specific to the nature of medicine which he argues establish a duty of physicians to treat the sick, even in the face of personal risk. Pellegrino first points out the uniqueness of the medical relationship, in that it involves a vulnerable and dependent person who is at risk of exploitation who must trust another to be restored to health. As Pellegrino explains: "physicians invite that trust when offering to put knowledge at the service of the sick. A medical need in itself constitutes a moral claim on those equipped to help." Next, the author points out that, in short, medical education is a privilege. Societies make special allowances for people to study medicine for the good of the society, thereby establishing a covenant with future health care professionals. Based on this, Pellegrino concludes: "The physician's knowledge, therefore, is not individually owned and ought not be used primarily for personal gain, prestige, or power. Rather, the profession holds this knowledge in trust for the good of the sick." Finally, Pellegrino points to the oath that physicians take before practicing medicine: "That oath – whichever one is taken – is a public promise that the new physician understands the gravity of this calling and promises to be competent and to use that competence in the interests of the sick." Although the debate continues, several have asserted that Pellegrino has made a strong case for the duty to treat. (Arras, 1991, p. 115-121; Jonsen, 1995,
Patient Confidentiality Laws
Patient Confidentiality Laws
Patient Confidentiality Laws
Patient Confidentiality Laws
Patient Confidentiality Laws
Patient Confidentiality Laws
Patient Confidentiality Laws
Patient Confidentiality Laws
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