Professional Documents
Culture Documents
Patient Rights
ROBERTO C. TANCHANCO, MD
02/18/2021 (10:30-11:30)
ETHICS
TABLE OF CONTENTS (e) In circumstances where a choice must be made between potential
patients for a particular treatment that is in limited supply, all such patients
I. WMA LISBON PRINCIPLES ....................................................................................... 1 are entitled to a fair selection procedure for that treatment. That choice
A. PRINCIPLE 1 RIGHT TO MEDICAL CARE OF GOOD QUALITY ............................ 1 must be based on medical criteria and made without discrimination.
B. PRINCIPLE 2 RIGHT TO FREEDOM OF CHOICE ................................................ 1
(f) The patient has the right to continuity of health care. The physician has
C. PRINCIPLE 3 RIGHT TO SELF-DETERMINATION ............................................... 2
D. PRINCIPLE 4 THE UNCONSCIOUS PATIENT ..................................................... 2
an obligation to cooperate in the coordination of medically indicated care
E. PRINCIPLE 5 THE LEGALLY INCOMPETENT PATIENT ....................................... 2 with other health care providers treating the patient. The physician may
F. PRINCIPLE 6 .............................. 2 not discontinue treatment of a patient as long as further treatment is
G. PRINCIPLE 7 RIGHT TO INFORMATION ........................................................... 2 medically indicated, without giving the patient reasonable assistance and
H. PRINCIPLE 8 RIGHT TO CONFIDENTIALITY ...................................................... 2 sufficient opportunity to make alternative arrangements for care.
I. PRINCIPLE 9 RIGHT TO HEALTH EDUCATION ................................................... 2
J. PRINCIPLE 10 RIGHT TO DIGNITY .................................................................... 3
K. PRINCIPLE 11 RIGHT TO RELIGIOUS ASSISTANCE............................................ 3 In the Context of the COVID-19 Pandemic
L. SUMMARY......................................................................................................... 3 There are discrepancies and maldistribution of resources
II. CASES ...................................................................................................................... 3 o Better access to care in some parts of the country as compared to
A. THE RURAL DOCTOR ......................................................................................... 3 others
B. THE UNIVERSAL DO-NOT-RESUSCITATE (DNR) ORDER ...................................... 4
C. THE UNAUTHORIZED IDENTITY DISCLOSURE .................................................... 5
In some situations, the capacity of the system to accommodate the
D. ETHICAL ALLOCATION OF FUTURE COVID-19 VACCINES ................................... 5 patients was really tested and breached
QUICK REVIEW ............................................................................................................ 6 In the DOH website, we can see that the tally of the number of hospital
SUMMARY OF CONCEPTS ..................................................................................... 6 beds > number of ICU beds > number of ventilators
REVIEW QUESTIONS ............................................................................................. 7 When the system is overwhelmed, one is forced to ration the resources
REFERENCES ............................................................................................................... 7 o Leads to triaging as a strategy to allocate the scarce resources
REQUIRED ............................................................................................................. 7
FREEDOM SPACE ........................................................................................................ 7 Making the DNR1 policy a policy (mandatory)
APPENDIX ................................................................................................................... 8 o If you have a patient who want the save-at-all-costs approach, then DNR
is not an option anymore
Extreme case end-of-life situation
I. WMA LISBON PRINCIPLES Vaccine is a limited resource
o roblem in allocating the scarce resource
Falls under Principle 1, (e) the fair selection of recipients when
has undergone resource is limited
"While a physician should always act according to his/her conscience, and How do you now arrive at the fair allocation of limited vaccination
always in the best interests of the patient, equal effort must be made to opportunities?
some values will be forsaken, and some will
s or bodies involved in the provision of health be upheld
care have a joint responsibility to recognize and uphold the principal rights What we want to make sure of is that the higher values are the
ones that are upheld
o The basic principle that we want to recognize is that the patient is in the
It reveals to us what the higher values are. In situations of
best position to determine what will be in their own best interest
disaster, we want to make sure that it is the higher values that
are upheld.
information that the patient will need to determine what is best for
them
"Whenever legislation, government action or any other administration or B. PRINCIPLE 2 RIGHT TO FREEDOM OF CHOICE
institution denies patients these rights, physicians should pursue (a) The patient has the right to choose freely and change his/her physician
appropriate means to assure or to restore them." and hospital or health service institution, regardless of whether they are
based in the private or public sector.
In the Context of the COVID-19 Pandemic (b) The patient has the right to ask for the opinion of another physician at
any stage.
We see examples of upholding these rights when we see doctors involved
in the IATF, technical working groups for vaccinations, and educational
efforts about COVID-19 In the Context of the COVID-19 Pandemic
For Case 1
A. PRINCIPLE 1 RIGHT TO MEDICAL CARE OF GOOD QUALITY o Dr Cortez only doctor in the community
o It came out that the committee should be very grateful that the dr chose
(a) Every person is entitled without discrimination to appropriate medical to stay in the community and be the source of information and
care.
healthcare that they would otherwise not have
(b) Every patient has the right to be cared for by a physician whom he/she o
knows to be free to make clinical and ethical judgements without any provider, and there are probably other healthcare providers in the
outside interference. community aside from the doctor
(c) The patient shall always be treated in accordance with his/her best Midwives, nurses, barangay health workers
interests. The treatment applied shall be in accordance with generally Allies that can also provide care
approved medical principles.
(d) Quality assurance should always be a part of health care. Physicians, in
particular, should accept responsibility for being guardians of the quality of
medical services.
1 DNR: Do-Not-Resuscitate
D. PRINCIPLE 4 THE UNCONSCIOUS PATIENT basis unless the patient has given explicit consent.
(a) If the patient is unconscious or otherwise unable to express his/her will, (c) All identifiable patient data must be protected. The protection of the
informed consent must be obtained whenever possible, from a legally data must be appropriate to the manner of its storage. Human substances
entitled representative. from which identifiable data can be derived must be likewise protected.
(b) If a legally entitled representative is not available, but a medical
intervention is urgently needed, consent of the patient may be presumed, In the Context of the COVID-19 Pandemic
At the start of the pandemic, the DOH and other reporting bodies were
previous firm expression or conviction that he/she would refuse consent to very careful about the information they shared regarding the first few cases
the intervention in that situation. o They used case numbers
(c) However, physicians should always try to save the life of a patient o They also did their best to avoid any identifiers that would allow others
unconscious due to a suicide attempt. to identify the patients
Confidentiality can be waived
E. PRINCIPLE 5 THE LEGALLY INCOMPETENT PATIENT o You see this in people who want to become advocates and share their
(a) If a patient is a minor or otherwise legally incompetent, the consent of experiences
a legally entitled representative is required in some jurisdictions. Help educate others
Nevertheless, the patient must be involved in the decision-making to the Increase support for research or legislation
fullest extent allowed by his/her capacity.
(b) If the legally incompetent patient can make rational decisions, his/her I. PRINCIPLE 9 RIGHT TO HEALTH EDUCATION
decisions must be respected, and he/she has the right to forbid the Every person has the right to health education that will assist him/her in
disclosure of information to his/her legally entitled representative. making informed choices about personal health and about the available
(c) health services.
the patient, forbids treatment which is, in the opinion of the physician, in The education should include information about healthy lifestyles and
the patie about methods of prevention and early detection of illnesses.
the relevant legal or other institution. In case of emergency, the physician The personal responsibility of everybody for his/her own health should be
stressed
Physicians have an obligation to participate actively in educational efforts.
F. PRINCIPLE 6
Diagnostic pro In the Context of the COVID-19 Pandemic
out only in exceptional cases, if specifically permitted by law and Currently, we have to deal with vaccination hesitancy
conforming to the principles of medical ethics. We also went through a phase when hydroxychloroquine was a must give
medication but after some time research showed that it did not have an
In the Context of the COVID-19 Pandemic impact on COVID and there were other risks to using this medication
Similar to the Right to Freedom of Choice, the pandemic is an exceptional s also a lot of misinformation present
case o Bleach being injected into the veins as a treatment
Other rights give way for the higher good of ensuring public safety Highlights the role of physicians as sources of good, reliable information
o Only sharing information that passes our own strict standards
o Information must be validated and evidence-based
G. PRINCIPLE 7 RIGHT TO INFORMATION
o Patients will have confidence in the information provided to them by
(a) The patient has the right to receive information about himself/herself their doctors
recorded in any of his/her medical records, and to be fully informed about o It is an ethical obligation for physicians to offer good and reliable
his/her health status including the medical facts about his/her condition. information.
party should not be given to the patient without the consent of that third
party
(b) Exceptionally, information may be withheld from the patient when
there is good reason to believe that this information would create a serious
hazard to his/her life or health.
K. PRINCIPLE 11 RIGHT TO RELIGIOUS ASSISTANCE get one of his own. When his coronavirus test came back 10 days later, it
The patient has the right to receive or to decline spiritual and moral was negative.
comfort including the help of a minister of his/her chosen religion.
Discussion
L. SUMMARY
These rights are all predicated on the premise that the patient, as a NOTE: The following discussion points are derived from the group outputs.
rational being, is in the best position to determine what is in his/her own Issues may be framed differently depending on the group. Rather than
best interest cherry-picking, the trans group opted to include all arguments raised.
The duty of the physician is to enable and empower his/her patients to
attain this end with his/her expert assistance.
Rights Upheld
Right to Medical Care of Good Quality
II. CASES
o
A. THE RURAL DOCTOR o Continuity of healthcare was upheld
Summary Medical team continued to deliver needed health interventions (e.g.
Dr. Anthony Cortez has been the sole community doctor catering to the immunization, hypertension medication) in the midst of the
56,000 inhabitants of Bambang for 21 years pandemic
o He sees 80-100 patients a day and thus, has limited time for Care given despite scarcity of resources
consultation Daily visits to those quarantined
o His clinic is nowhere near large enough for the number of people it o Nurses stationed strategically across town to cater to
serves o Science-based protocols curbed the spread of the virus
With the pandemic, he and Mayor Balgos (a former community doctor) o Impartiality exercised
implemented measures to prevent transmission Everyone was quarantined regardless of status
o As of 9 July 2020, the town has zero cases and the isolation center set Right to Health Governance
up in the mountains is empty o Dr. Cortez worked alongside the Mayor
The Pan-Philippine Highway runs through the middle of the town, making Right to Information
virus transmission highly likely o Being the sole doctor, Dr. Cortez was the source of information that the
Contact tracing system community would otherwise not have
o Dr. Cortez operated on the assumption that every new arrival was o Information was given to the community in order to justify the
asymptomatic protocols
o Reports were verified and unfounded rumors were quashed
o ons of spreading the
virus if Francisco Fernandez was not buried immediately.
town. (Dr. Anthony Cortez) Right to Life
o There were measures to protect the community from virus transmission
Right to Health Education
o Everyone who had traveled to other countries, especially China, since
o Healthcare workers were informed regarding updates on the pandemic
December were placed under strict 14-day quarantine
in order to give correct and accurate information to patients
o Anyone entering Bambang must agree to quarantine for 14 days or
o Healthcare workers tried to reach out to residents, which may be a form
return to where they came from
of health education
o
o Measures were communicated, and implemented with general public
tabs on new arrivals to the village
understanding the reason/s for utilizing mask-wearing, face shield use,
o These are reported to Dr. Cortez who sends nurses to follow up
etc.
o He is careful to verify reports and to quash unfounded rumors of
positive cases Right to Confidentiality
o Lists of names of those needing interventions were kept within the
clinics
My dad warned me not to break quarantine even briefly because the o The gossip brigade was not a violation of confidentiality since these
neighbors would know and blame me if there was an outbreak. (Xyza were not facts, merely speculation, and the information was not taken
Cruz Bacani) through the physician-patient relationship.
Right to Dignity
o Overall, health measures were put in place for the overall safety and
There has been resistance to measures implemented protection of the residents from further harm and suffering
o Some people curse the medical team or refuse to cooperate Right to Self-Determination
o Others try to reason their way out o Have the choice to quarantine or leave the town when coming from
o But with news of deaths in developed countries, the pandemic was
outside
taken more seriously o
Under enhanced community quarantine, nurses would go to homes sister) was obtained in order to conduct the immediate burial.
directly to deliver medications and immunize children
o Patients needing medical intervention amounted to thousands
The National Privacy Commission (NPC) had been investigating 22 5. T/F. If a patient is a minor, only the consent of his legal guardian is
complaints of privacy breaches involving more than 150 COVID-19 necessary.
patients
o Discussion: ANSWERS:
Rights Upheld: 1B, 2A, 3F, 4T, 5F
Right to Health Education
Right to Information REFERENCES
- Contact tracing upholds the right of the public to be informed REQUIRED
on matters pertaining to public health and safety
(1) Roberto C. Tanchanco, MD. February 18, 2021. Patient Rights [Lecture
Rights Forsaken:
slides].
Right to Confidentiality
Right to Dignity and Privacy
Right to Information FREEDOM SPACE
- The patients were not given a choice on whether they agree
to share their personal information
Right to Freedom of Choice
Ethical Allocation ff Future Covid-19 Vaccines:
o Summary:
Three central goals proposed were:
Reduction of morbidity and mortality
the economy
Narrow unjust health inequalities
Five strategies proposed were:
S1: Prioritize most vulnerable and those with comorbidities
S2: Prioritizing by life cycle
S3:
S4: Ensuring equal access
S5: Prioritizing the reduction of spread of COVID-19 infections
o Discussion:
Rights Upheld:
Right to Medical Care of Good Quality
- Each strategy presents with a particular target population
Right to Information and Right to Health Education
The Legally Incompetent Patient
- Target population of the strategies of S1 and S2 may present
to be legally incompetent
Right to Freedom of Choice and Right to Self-Determination
- First come, first served policy entails the freedom of patients
to choose a physician and an institution of their choice to
administer the vaccine
APPENDIX A: Table 1. 5 Proposed Prioritization Strategies for Ethical Allocation of COVID-19 Vaccines
STRATEGIES RIGHTS UPHELD RIGHTS FORSAKEN ACHIEVED CENTRAL GOAL
Prioritize most vulnerable Right to Medical Care of Good Quality Right to Freedom of Choice All
and with comorbidities Right to Information Right to Self-Determination
The Legally Incompetent Patient
Prioritize by life cycle Right to Medical Care of Good Quality Right to Freedom of Choice
The Legally Incompetent Patient Right to Self-Determination effects on societal
infrastructure and the
economy
Prioritize individuals with Right to Medical Care of Good Quality Right to Self-Determination All
Ensuring equal access Right to Medical Care of Good Quality Right to Medical Care of Good Quality None
Right to Freedom of Choice Rights of the Unconscious Patient
Right to Self-Determination The Legally Incompetent Patient
Right to Information
Prioritize reduction of Right to Medical Care of Good Quality
spread of infections Right to Freedom of Choice effects on societal
Right to Self-Determination infrastructure and the
Right to Information economy
Narrow unjust health
inequalities