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Moral Principles and Medical Practice: The Role of Patient Autonomy in the Extensive Use

of Radiological Services
Author(s): B. Hofmann and K. B. Lysdahl
Source: Journal of Medical Ethics, Vol. 34, No. 6 (Jun., 2008), pp. 446-449
Published by: BMJ
Stable URL: http://www.jstor.org/stable/27720107
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Moral principles and medical practice: the role of
patient autonomy in the extensive use of radiological
services
B Hofmann,1'2 K B Lysdahl2

1 University College of Gj0vik, ABSTRACT use of radiological examinations. Does increased


Faculty of Health Care and
There has been a significant increase in the use of respect for patients' autonomy change the use of
Nursing, Gj0vik, Norway;
2 University College of Oslo,
radiological services in the past 30 years. There are many radiological services? There is little empirical
Faculty of Health Sciences and reasons for this, but one has received little attention: the knowledge about this, and in order to answer this
Section for Medical Ethics, increased role of patient autonomy in healthcare. Patients question we need to know why and how patient
Faculty of Medicine, University autonomy can have an influence. Therefore we
demand x rays, CT scans, MRI, and positron emission
of Oslo, Norway
tomography scans. The key question in this article is how have investigated how patient autonomy is rele
Correspondence to: a moral principle, such as respect for patient autonomy, vant to the increased use of radiological services.
BJ0IT1 Hofmann, Section for can influence the extension of radiological services. A We do this by reviewing the literature in radi
Medical Ethics, Faculty of ology?that is, literature concerning the extension
literature review reveals how patient autonomy is
Medicine, University of Oslo, PO
Box 1130, Blindem N-0318, acknowledged in radiology, and how it is used both to of radiological services where patient autonomy is
Oslo, Norway; explain and to justify the increase in radiological frequently referred to as a relevant factor.
b.m.hofmann@medisin.uio.no examinations. Furthermore, it also shows how the It is, of course, not surprising if moral principles
premises favouring patients' exercise of their autonomy that regulate how healthcare services are offered
Received 27 September 2006 (for example, through legislation) influence the
are not always present, which makes patient autonomy
Revised 6 February 2007
subject to adverse side effects and even abuse. Patient extension of a healthcare service. However, what is
Accepted 13 February 2007
autonomy can be used to reduce the professionals' not obvious is whether the extension of radiologi
responsibility for radiological examinations (by avoiding cal services results from the good intentions behind
complaints and lawsuits), to increase the popularity of the the moral principle of autonomy or from other, less
profession (by giving the people what they want), to overt, intentions.
increase the income of the professionals or their
institutions, and to promote professional activity. Patient THE CONTEXT OF PATIENT AUTONOMY
autonomy intended to reduce paternalism, to legitimise
At the outset of the inquiry, it is important to
otherwise morally unjustifiable actions (such as exposure
acknowledge that the role and effects of the
to radiation), and to protect patients, can easily be used principle of patient autonomy depend on the
as a moral means for opposite ends. These adverse
context. They may depend on the mode of
effects are not peculiar to radiology. However, they referral?for example, whether the examination is
emerge particularly clearly in explanations and justifica requested by the patient, is by referral from a
tions of the substantial increase in radiological services, general practitioner, or is by self-referral of a
as well as in debates on overuse of radiological services. physician.
Moreover, the idea of patient autonomy can be
relevant both as an explanation of why there is
The number of radiological examinations has extended use of radiological services and as. a
increased substantially over time.1-3 Annual utilisa justification of why this is right. Correspondingly,
tion is increasing typically by 5-11% in developed an analysis of the role of patient autonomy will
countries, and the appetite for images is charac depend on the concept of autonomy?for example,
terised as bottomless1.4 5 There are many reasons whether it is viewed as a (consumer) right, a moral
for this increase. New technology, physician self principle, or a cognitive capacity. Whether the
referral, altered reimbursement systems, increasing patients actually are autonomous (as commonly
patient demands, commercial liability office-based understood) in situations where their autonomy is
imaging by untrained personnel, professional inse used as an explanation or justification is also
curity and increased fear of lawsuits, to mention relevant to the role of autonomy?for example, is
only a few. autonomy used as a moral device to legitimise
Many of these aspects have been discussed otherwise unwarranted actions?
extensively in the literature. One aspect that has Hence, patient autonomy can be relevant to the
received undeservedly little attention is how moral extended use of radiological services in a number of
principles, such as patient autonomy, influence the ways. As our aim is to investigate how it can

'The estimated level of unnecessary examinations is reported to be


influence the extension of radiological examina
between 10% and 40% in industrialised countries,6-11 and it is argued
tions, we do not restrict the investigation to one
that increased medical imaging does not result in better healthcare specific context. Patient autonomy can influence
outcomes.1213 Although overuse of radiological examination is the extension of radiological examinations both by
morally relevant, it is relevant here only with respect to highlighting intent and as a desirable side effect. Both aspects
the role of patient autonomy in the increase of radiological are acknowledged in the literature, and both
examinations.
deserve scrutiny.

446 J Med Ethics 2008;34:446-449. doi: 10.1136/jme.2006.019307

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Clinical ethics

AUTONOMY IN HEALTHCARE AUTONOMY: FROM "WASTE OF TIME" TO A LEGAL


Standard roles of patient autonomy in healthcare in general are REQUIREMENT
said to be Historically, radiologists have argued that concern for autonomy
to respect a basic human right of self-determination or is unnecessary or "a waste of time77, and that informing patients
promoting a fundamental human value about examinations in order to promote their autonomous
to legitimise otherwise unwarranted interventions (such as decisions would result in ''wholesale refusal of patients to
exposure to radiation) undergo the procedures77.22 Hence, a paternalistic attitude appears
to protect the individual against encroachment (by requiring to have been prominent in radiology, as in other specialties.
voluntary informed consent) However, as it was documented that patients did not refuse
procedures after being informed,22 and that patients were more
to support the public's trust in the healthcare system (for
inquiring and informed than expected,23 it was argued that
example, through informed consent)
informing patients about complications would make them
to promote rational decisions (by increasing patients' anxious and apprehensive and thus worsen the outcome.23
understanding)
However, once the requirement for informed consent meant
to increase transparency in the physician-patient relation that patient autonomy was "imposed by law77,24 the argument
ship and to reduce paternalism.14 based on beneficence lost its prominence.
It is quite clear that patient autonomy plays such roles within
radiological services and that this influences the use of health AUTONOMY, INDIVIDUALISM AND CONSUMERISM
services. However, as the review of the radiological literature
Just as in healthcare in general, radiologists are subject to
shows, the role of autonomy may also depart from these ideal
intentions. stronger notions of individualism and liberalism than before.
This trend appears to have influenced the concept and position
of patients7 autonomy in general.25-27 Furthermore, it is argued
SELF-DETERMINATION AS A LEGITIMISING HUMAN RIGHT that the individualistic interpretation of patient autonomy
One obvious explanation for the extension of radiological reduces the patient-doctor relationship "to that of client and
services is that it is a result of increased self-determination. technician77.28 Radiologists, because their interaction with
Patients have become more educated and demanding with patients often is brief and episodic, may be particularly receptive
respect to healthcare services. Groups with higher socioeco to the role of service provider. Hence, the consumer model
nomic and educational status take the lead; they "... use appears to play an important role in radiology, as in other parts
of healthcare.9
services more readily and demand more elective services ...7;.15
From the patients' perspective, access to healthcare services is Strong consumer rights and radiological services conceived of
conceived of as a "human right": "More and more often as easy, painless and risk free may have contributed to
patients perceive CT and MRI scans as something they are entrenchment of the individual consumer model. However,
entitled to."16 They may feel neglected if the professionals refuse the practice in radiology differs from that in a traditional
to give them an examination.17 The public requests greater consumer model, as most patients do not themselves pay for
availability of radiological services.18 imaging services. Nevertheless, it appears that patients behave
Correspondingly, it can be argued that measures to reduce more like consumers than before, providers describe their
activity as "production77, and reimbursement systems encourage
uncertainty are more prevalent in ("risk-free") diagnostics than
in treatment. Hence, the idea that it is better to be safe than competition?making the relationship between radiologist and
the patient more like that between a customer and a service
sorry may be stronger in diagnostics. This coincides with a
provider in a market.
general increase in people's need for security, safety and control.
Corresponding to the general trend of individual consumer
Besides, it has been argued that professionals meet patients'
ism, which could explain part of the increase in use of
demands because there are "no strong professional or legal
radiological services, consumerism is also used as a way to
sanctions against unnecessary X-ray."19 Moreover, competition
justify and promote a liberal practice with respect to examina
over patients (and turf wars) may make professionals more
tion decisions. Professionals supporting self-referrals by patients
sensitive to patients' requests.
"advocate patient autonomy and unrestrained imaging77.29 It is
Hence, there are many reasons why professionals are
argued that there is no difference in principle between letting
inclined to respect patients' autonomy when they ask for
patients order examinations themselves and doing examinations
radiological examinations. This can help to explain the requested by clinicians (whose referrals radiologists hardly ever
increase in use of radiological services. Respect for patients'
question), and since we allow people to decide more serious
autonomy is used both to explain the phenomenon and to medical matters, such as abortion, it is hard to argue that they
justify it. As one person put it, "We have to respect patients' should not decide on matters of radiological services.30
autonomy and give them what they want".20 It is claimed In mixed healthcare systems (such as the Norwegian system),
that a "liberal" attitude to utilisation of radiology is a modern representatives of market-based medical services tend to promote
response to changes in society. To respond in compliance with the individual-consumer aspect of patient autonomy more
patients' requests and demands for radiology is a result of a vigorously than their colleagues in public healthcare.21 This, of
d?mocratisation process, also reflected in legislation (patients' course, corresponds with the fact that consumer ideology (still) is
rights acts).21 more forceful in private than in public healthcare. It also
Hence, a general shift in justification for radiological corresponds with studies showing that private radiological
examinations, from paternalism to respect for patient auton institutions contribute to the increase in examinations31 (includ
omy, can lead to and explain the increased use of examinations. ing those for which medical justification is controversial).
However, although partly correct, this is an idealisation Hence, a liberal, consumer-based conception of patient
and oversimplification of the role of the moral principle of autonomy is used both to explain and to justify the extended
autonomy. use of radiological services: "We give them what they rightly

J Med Ethics 2008;34:446-449. doi:10.1136/jme.2006.019307 447

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Clinical ethics

demand!" However, the justification strongly depends on true promote patients7 autonomy.14 41 In particular, patient auton
premises: that patients are autonomous. If the premises are not omy (regarding consent to a radiological procedure) can reduce
clear or true, so-called autonomy may have some adverse side the risk of a lawsuit.42 Hence, autonomy may fulfil a protective
effects. role, but to the professionals instead of to patients. Rather than
preventing paternalism, autonomy may become a tool for its
AMBIGUOUS PREMISES FOR AUTONOMY covert promotion.
Furthermore, patient autonomy is used as an argument to
The general concerns about whether the premises for autonomy
allow controversial procedures, as in CT screening for lung
are true appear to be relevant in radiological services?that is,
cancer.20 29 30 It is far from obvious that patients know that these
whether patients have sufficient understanding of the health
procedures are controversial.
care service they require. Patients' sources of knowledge are not
Correspondingly, patient autonomy may result in a shift in
always neutral, balanced or evidence based:32 33 radiological
responsibility in general?that is, in the legal sense in order to
services often do not provide sufficient information10 34 and avoid lawsuits, and also in a moral sense. An autonomous
involved risks are "understated with the intention to reassure
person demanding a particular examination, possibly against
patients".10 There is also a question of patients' comprehension
professional advice, gains responsibility. This is an expected
of information when it is provided.35 Their understanding may
result of reduced paternalism: the paternalist is responsible, the
not be exhaustive with respect to diagnostic accuracy, (radiologist as a) service provider is not.37
complications and outcome.
Although most professionals set limits on patients7 self
The prerequisite deliberative capacity for autonomy is determination?for example, with respect to liposuction for
questioned in radiology as in healthcare in general.29 36 37 Even people with anorexia?they appear to have a different view on
healthy (asymptomatic) people might be in a state of anxiety, unnecessary (low-risk) radiological examination for reassurance
due to fear of potential disease. Besides, in radiology "the harm and to relieve anxiety.43 44 This is not the place to enter into the
patients fear most is the harm caused by unwise choice. And interesting debate on therapeutic use of diagnostic radiology.
exactly because patients are afraid of choosing foolishly they The point is that there are challenges associated with
delegate decisions",36 or, more generally, patients may decide to transferring the responsibility for professional issues to patients,
have an examination in order to avoid "anticipated decision both morally and legally. Moreover, if it is not clear to the
regret".38 patient that this is what is happening, it undermines the
Additionally, patients may be under substantial pressure? premises for their autonomous choice (because of a lack of
from family members, professionals or marketing forces? understanding).
reducing the voluntariness of their decision. Another influence The side effect that patients can be made consumers on
reducing real autonomy is the belief in technology and progress. demand, forcing them to make decisions beyond their capa
The notion that "you should take advantage of everything that city,32 is also noted in radiology.30 Claiming that "it is for you to
modern medicine can offer"36 appears to be particularly promi decide77 may go beyond mere respect for autonomy. However,
nent with respect to radiology. It may be counter-intuitive to although this potential side effect has been noticed, there is no
people that information such as that provided by a radiological evidence that it is acknowledged by radiologists in general.
examination might not be useful to them.36 The fascination with Moreover, because the increased use of radiological services
the capability of radiology, especially the high-tech procedures, comes at a substantial cost,518 4145 it may result in a reduction of
provides an imperative towards examinations. Correspondingly, available resources for other kinds of healthcare. If this results
it is argued that personal autonomy is threatened because from increased autonomy, we have a paradox: the increased
radiology indirectly undermines people's ability to assess their autonomy (of patients with regard to radiological services)
own health, and that they must undergo imaging tests in order to reduces the autonomy of other patients?which is contrary to
know whether they are healthy or not.39 standard conceptions of autonomy. (The relevance of this is
Moreover, people's perception of risk related to radiological demonstrated by the great geographical variations in the use of
services is low, if acknowledged at all. Accordingly, one could radiological services.518 31)
argue that it is unlikely that patients would refuse an examination
when one is offered or available. General notions, such as "to
PATIENT AUTONOMY AND PROFESSIONAL POWER
know is better than not to know", "hi-tech is better than lo-tech
So far we have investigated the roles of patient autonomy in
(or no-tech)", "more choice is better than less",40 and a general
belief in progress can undermine (consumer) autonomy, in explaining and justifying the extension of radiological services.
Although many of the roles are based on good intentions, some
healthcare in particular and in commerce in general.
may have side effects that counter these intentions. We have so
Hence, with reference to the radiological literature it appears
far not argued that anyone promotes autonomy because of
that the basic premises for autonomy are not always met. these side effects.
Therefore, even if an individual-consumer conception of patient
Nevertheless, it is worth asking who could gain from such
autonomy may seem to be a sound explanation for the
side effects of patient autonomy in radiology. Healthcare
increased use of radiological services, it may not be valid as a
professionals could gain by reducing their professional, legal
justification if the premises for consumer autonomy are not
and moral responsibility (as explained above), by increasing
met. Furthermore, if general criteria for autonomy are not met,
their professional power (under cover of respecting patients7
appealing to persons' autonomy when deciding in favour of
autonomy), by having an excuse for pursuing professionally
radiological examinations may have adverse effects.
interesting issues, by increasing the popularity of the profession
(because we give the people what they want), and by increasing
ADVERSE EFFECTS OF PATIENT AUTONOMY the professional activity or status. Moreover, professionals may
The continued insistence on patient autonomy even though the have an economic interest in "respecting patients7 auton
premises on which it is based may not be met has been omy77? for example, professionals can come to "rationalize
explained as a way to promote professionals' rather than to medical unsound or financially self-interested decisions as

448 J Med Ethics 2008;34:446-449. doi:10.1136/jme.2006.019307

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Clinical ethics

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