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40 - The impaired, incompetent, or unethical provider

from Section 6 - Special topics in pediatric ethics

Published online by Cambridge University Press:  07 October 2011

Douglas S. Diekema
Affiliation:
Seattle Children's Research Institute
Mark R. Mercurio
Affiliation:
Yale University School of Medicine
Mary B. Adam
Affiliation:
Department of Pediatrics, University of Arizona School of Medicine, Tucson
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Summary

Case narrative

A pediatric resident is seeing a 4-month-old female who is post-op from pyloric stenosis repair. The child presents with a high fever and no obvious signs of infection. Because of her post-op status, the general surgery resident is seeing the patient along with the pediatric resident in the emergency department. Both of the residents believe the child needs to have a catheterized urine specimen collected, but have been unsuccessful at performing the procedure because the child has labial adhesions. As both residents stand over the child, the surgical resident looks at the pediatric resident and says, “We need the urine sample, and there is an easy way to fix this.” He grasps the labia and pulls them apart, leaving a raw, bleeding labial surface. He then walks out of the room. When the pediatric resident asks her attending physician for advice, she is told to make no mention of the event in the chart and to say nothing to the family.

Introduction

Responding to other physicians whose behavior or clinical practice appears incompetent or unethical presents many difficult challenges. Many physicians feel some duty of loyalty to their peers. Minimally, this duty requires that physicians not take action that may harm a colleague’s career unless there is sufficient evidence to justify that action. At the same time, clinicians have an independent obligation to protect patients who may be receiving substandard care.

Type
Chapter
Information
Clinical Ethics in Pediatrics
A Case-Based Textbook
, pp. 231 - 234
Publisher: Cambridge University Press
Print publication year: 2011

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References

American Medical Association 2004 www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion9031.shtml
Cruess, R.Cruess, S. 1997 Teaching medicine as a profession in the service of healingAcademic Medicine 72 941Google Scholar
DesRoches, C.MRao, S.R.Fromson, J.A. 2010 Physicians’ perceptions, preparedness for reporting, and experiences related to impaired and incompetent colleaguesJAMA 304 187Google Scholar
Dwyer, J. 1994 Primum non tacere: an ethics of speaking upHastings Center Report 24 13Google Scholar
Federation of State Physician Health Programs 2010 www.fsphp.org/State_Programs.html
Morreim, E.H. 1993 Am I my brother’s warden? Responding to the unethical or incompetent colleagueHastings Center Report 23 19Google Scholar
Shreves, J.G.Moss, A.H. 1996 Residents’ ethical disagreements with attending physicians: an unrecognized problemAcademic Medicine 10 1103Google Scholar
Wynia, M.K. 2010 The role of professionalism and self-regulation in detecting impaired or incompetent physiciansJAMA 304 210Google Scholar

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