|
Comparative Assessment
and Analysis of Medical Ethics and Experiences;
A Code of Silence
I am Not Leaving and I am Not Staying
.........................................................................................................................
Dr. Ebtisam Elghblawi
(MBBCh, MSc, PG Dip)
Correspondence:
Email: ebtisamya@yahoo.com
|
ABSTRACT
Medical practice
dates back many years, and it is pluralistic
and diverse, and differs from one culture
to another. Raising awareness and competency
are the main focus in establishing good
physician-patient relationships. This
paper describes the main points about
medical ethics practice and introduces
its Islamic scopes and moral character
in many medical dilemmas. It will also
bring into light some ethical problems
faced in Libya, and hopefully draws on
some insights on how to overcome those
obstacles and tackle them positively in
order to improve the delivered medical
care.
SOURCES: Scientific articles selected
by means of searches run on the medical
websites PubMed and BMJ using the keywords;
medical ethics, Hippocrates oath, medical
principles, informed consent, research.
|
Ethics history
Medical ethics was first founded in academia
in the 19 century, and was refined and revised
to be a distinct role and duty of doctors and
nurses towards their patients. And since that
time medical ethics was introduced and considered
to be an obligatory module in medical studies.
Its main concern is about doctor patient relationships
in terms of confidentiality and consent. It
also extended to include the concept of Principalism
which is applicable widely in the western countries,
and that which would emphasise the right and
the best course of action required (Sirkku
K. Hellsten, 2008).
Ibnosina is the doctor of all doctors, and he
defined medicine as the science by which we
learn the various states of the human body when
in health, and when not in health and the means
by which heath is likely to be lost and when
not lost, is likely to be restored. He is known
as Avicenna in the west. He was extraordinary
as he was a scientist, philosopher and physician.
He was the foundation of codes of laws of medicine.
His doctrines are still taught at many international
universities such as Texas, Los Angeles, and
Yale University, and many others. He believed
that the human body can't be restored to health
unless the causes can be defined. Ibnosina was
the first to follow the ethical principles in
his profession, and was well known globally
(E.H.Aburawi, 2007). His secrecy to success
was to combine religion, philosophy and medicine.
Ethics had been known for a long time, and the
first document dealing with medical ethics goes
back in time to Egyptian Papyri (16 century
BC), where and when the doctor follows the
rules, and is not guilty, should the patient
die. If the doctor breaks the rules and the
patient dies, so the doctor shall pay his life
for that incident. Hammurabi set fees according
to patient status in that time, and codes were
laid out for physicians and surgeons, and followed
precisely.
Development of codes of
medical ethics
There are many activities which are under the
cover of the medical umbrella. Abandon those
activities, which are difficult to reconcile
with medical ethics. There should be an avoidance
of those medical activities which are undertaken
and conducted by non licensed personnel; such
as physician assistants, paramedics, physical
therapists, pharmacists, physicists, nurses
and technicians. That's why there should be
a differentiation, namely primarily physician-centred,
health care ethics including nurses, and other
healthcare providers; clinical ethics which
focus on hospital case decisions and aid diverse
committees and consultations', and lastly bioethics
including general issue of reproduction, fair
distribution of organs (organ donations), other
scarce life-saving resources, and protection
of the biosphere (saving the planet).
This includes many issues which are the source
of many debates, and discussion, such as when
the doctor should act and take the decision
instead of the patient, without consenting for
his/ her best interest when applied and urgently
needed (physician's paternalistic deception,
and violation of patient confidentiality). When
the patient has the right to refuse treatment
or request assistance in dying, drug experiments,
removing vital organs from dying brain stem
patients (Choi EK, Fredland V, Zachodni C,
Lammers JE, Bledsoe P, Helft PR., 2008),
incompetent patients, foetal testing, IVF, genetic
engineering, cloning, abortion, and conflicts
of interest. This all created a state of meta-ethical
questions about the role of professional codes,
taking into consideration the religious concepts,
ethical theories, committee consensus, moral
intuition, clinical experience, and decision
of clinical cases. The duty of a doctor can
be divided into four main groups; duties toward
patients, institutions, community, and meta-ethical
issues. Firstly, from the ancient days, medical
oaths described a doctor's duties clearly that
they should be devoted to their patients bearing
in mind their required character, and motives.
Doctors should respond to their patient with
complete passion and sympathy within the limits
of their curative powers, and the harm incurred.
Also sometimes patient wishes and treatment
choice should be complied with after careful
explanation (neo-paternalists). So to conclude
this would mean that proper procedure should
be important in medical ethics. Secondly; all
these shifts indicate changes in medical practice
from home, office, hospital, clinics, and lastly
religious backgrounds. So, any decision is delegated
by the bioethics committees because it involves
many parties, such as nurses, lawyers, non physicians,
social workers, chaplains, philosophers, citizen
surrogates, patient advocates. The decision
taken should be articulate and defensible. Thirdly,
this would include restraint in matters of drug
prescriptions, elective surgery, in-patient
hospital stay, out-patient service. This would
raise the issue of physician political and social
responsibilities. Because there is a narrow
concept for report of communicable diseases,
gunshot wounds, signs of child abuse, serious
violent intentions. The physician will deal
with poor or rich patients, insured and non-insured
patients (Hurst SA, 2009). This means
reforming and redefining a social contract between
doctors and society to educate and license.
To sum up, this becomes less iatrocentric expanding
to a larger field of health care ethics and
clinical ethics. Lastly medical centres are
a primary environment for medical ethics as
well as medical care. It is where physicians
and ethicists are based in medical schools,
and their basic audience is medical students.
The central concerns of ethics are response
to need, dependency, and trust. Medical ethicists
are different as they give weight to institutional
interests and physician practice, while Bioethicists'
concern with creating, saving, or taking life
with or without physicians assistance, and this
is a major discrepancy of morals.
The concept of brain death was first defined
decades ago, and it still presents medical,
ethical, and legal dilemmas, despite its widespread
acceptance in clinical practice and in law
(Choi EK, Fredland V, Zachodni C, Lammers JE,
Bledsoe P, Helft PR, 2008).
International ethical
codes
There are two main international well-known
ethical codes for human experimentation. The
Tokyo revision of the declaration of Helsinki
of the world medical association (1975), and
the proposed international guidelines for biomedical
research involving human subjects of the council
for international organizations of medical science
and the World Health Organization (1982). The
former was first adopted in 1964 by the world
medical association, and it implies taking into
first consideration the health of the patient
and nothing else in human experimentation, and
emphasised that any physician shall act only
in the patient's best interest while supplying
medical care which might weaken the physical
and mental condition of the patient (Robert
V. Carlson, Kenneth M. Boyd & David J. Webb,
2007). The latter must advance diagnostic,
therapeutic and prophylactic procedures and
the understanding of the aetiology and pathogenesis
of disease. In 1949 an international code of
medical ethics of the world medical association
was adopted in London.
General assembly
Dated back to 13 December 1976, the WHO was
invited to construct codes of medical ethics
for imprisonment against torture, degradation,
inhumanity, and other cruelness. Ethics generally
speaking is based solely on moral, philosophic
and religious principles of the society in which
they are practiced; it can vary from one culture
to another (Rispler-Chaim V, 1989). So what
sounds legal is not necessarily ethical. A least
a level of cultural consciousness is an obligatory
requirement for the delivery of care that is
culturally sensitive (Gatrad AR, Sheikh A.,
2001).
How health should be defined
In 1948 the United Nations ratified the creation
of WHO (World Health Organization). After which
WHO had set up some fundamental bases of attainment
by all peoples of the highest possible level
of health.
Health is defined as "a state of complete
physical, mental and social well-being and not
merely the absence of disease or infirmity"
(Alejandro R Jadad, 2008).
Health is like beauty; it is in the eye of the
beholder, and can't be captured. We need to
frame the concept of health through services
provided to the community, society, and modulate
hopes and expectations accordingly with the
limited available resources (Alejandro R
Jadad, 2008).
Ethics in medicine: the
four principles plus scope
An approach developed in
the USA by Beauchamp and Childress, is based
on four main basic prima facie moral commitments.
The word prima facie is a term invented by the
English philosopher W D Ross, and it does mean
binding unless it conflicts with another moral
principle. In that case we have to choose between
them. This involves respect of patient autonomy.
This is not a matter of attitude, but a way
of acting to respect the autonomous act of the
patient. Some patients have some religious beliefs
(Orr RD, Genesen LB, 1997), and therefore
we should not laugh at these or take them for
granted. So patients should be informed and
we should act accordingly to patient wishes
and desires. This is called a prima facie sense.
There are four principles in medical ethics,
and moral acts; namely beneficence, non-maleficence,
respect of autonomy, and justice, all of
which mandate its application when needed in
the medical work field. We should have no difficulty
in committing ourselves to these four prima
facie moral principles (R Gillon, 1994).
We should always consider those four principles
before giving an answer. Previously Belmont
reported three principles in the biomedical
research and by this he considered beneficence
and non-maleficence together and group them
as one entity. Jonsen on the other hand explained
that the word principle derived from primum
(first) and capere (to take), so this would
involve firstly a place in discourse and rules
of thinking processes, permitting discussion
around itself. To apply solutions, it required
an understanding of the basis of principles,
and then to apply them on purpose. So principles
alone won't lead to ethical solutions, and hence
decisions without doctrines are ethically empty.
Respect of autonomy;
is the moral obligation to respect the autonomy
of others in so far as such respect is compatible
with equal respect for the autonomy of all potentially
affected, that is expressed by Dr Gillon in
his introductory remark. It is self rule of
our thoughts, will, intention and action (R
Gillon, 1994, Walker RL, 2008). Kantain
terms stated as treating others as ends in themselves
and not merely as means, keeping promises is
another way of respecting peoples autonomy where
it involves running someone's life which relies
on that promise, because if not then it's a
betrayal of trust (Pitak-Arnnop P, Schouman
T, Bertrand JC, Hervé C, 2008). Autonomy
is a general indicator of health, therefore
it can be considered as a gauge parameter for
self health care. Also, when relatives request
you not to reveal the fatal truth to the patient
who demands the real information. It is also,
obligation to keep people's secrets. Also autonomy
means not deceiving; also good listening to
the patient and good communication is autonomy.
So it requires us to obtain patient agreement
before we do anything to them. In some cases
it can be a complex situation if it is related
to some genetic disorders, forexample, a conflict
may come up when doctors know that information
has implications not only for patients but also
for family members but their duty of confidentiality
prevents them from disclosing it (Walker
RL., 2008). So in this case, two factors
can be interacted, in other words a liberal
perception of patient autonomy and an overriding
practical principle of prevention of harm. So
a doctor's legal duty of confidentiality should
be reconsidered again when it concerns the family
(Beran RG, 2008). Because, after all
individual members are integral to the actual
patient identity (Gilbar R., 2007, Hoop JG,
2008). It has been presumed that doctors
know what is best for their patients, and therefore
they can decide for them (paternalistic) because
patients are the weak, more vulnerable party
in the doctor-patient relationship, and by that
medical ethics remain one-sided medical ethics
duties (Heather Draper & Tom Sorell,
2002).
Beneficence and non-maleficence;
is whatever you offer to a particular patient
and not for patients in general to benefit rather
than harm them. It is an act for the best interest
of a patient without harming them. The traditional
Hippocratic moral obligation of medicine stated
providing utmost medical benefit to patients
with minimal harm. In other words, the Hippocratic
injection maxim: strive to help, but above all,
do no harm, is the ruling maxim in medical ethics.
This would need a vigorous and effective education
and training before and during our professional
practice and lives (R Gillon , 1994, van
Teijlingen ER, Douglas F, Torrance N, 2008,
Chertoff J, Pisano E, Gert B., 2009). For
example, mastectomy can be a benefit for one
woman, and a destruction of feminine identity
for another (R Gillon, 1994). So it is
the concept of making patients aware of the
risks and benefits, and that at least benefits
outweigh risks. For instance leaving a patient
without treatment could have grave outcomes,
so risky treatment should be applied and can
be justified in that condition. So in this case
non-maleficence is not absolute and must be
balanced against beneficence. In some countries
euthanasia is accepted as standard medical practice
where a medical expert can't offer any further
help, and this is applied in order to alleviate
patient suffering and misery from incurable
aliments. So an argument may ask if euthanasia
(mercy killing) is good medical practice or
murder. It's morally required when a patient
requires it for his/her best interest and it
is a respect of his/her autonomy as well as
to ease his/her suffering in certain incurable
conditions. So is death for the patients benefit?
It is still a contradiction though. Killing
in itself is a wrong so is whether to allow
death to come of its own accord, or mercy killing.
So we can't predict what the outcome of some
terminal illness is in true life. Noteworthy
non-maleficence is cultural and religious and
issues can vary accordingly.
Justice; is defined
as fair distribution of resources which constitute
the heart of any justice, and respect of people's
rights and respect for morally acceptable laws
(Prudil L., 2008, Buijsen M, 2008). This
simply denotes that we physicians should deal
with every patient irrespective of some measures;
such as socio-economic status (Hurst SA, 2009),
refusing to treat patients with chronic bronchitis
who smoke, or those who have alcoholic cirrhosis,
refusing to give a sickness certificate when
a patient can't work, notification of an infectious
disease and so privacy of patient is breached
(McCarthy RL, 2008). If such are unethical
and unacceptable, we don't need to be judgmental,
we just need to apply what we have in hand to
help the patient out of their misery if possible.
Also prescribing an expensive drug or investigation
when cheaper ones are available and can help
is another unethical issue. We should weigh
out all our behaviours and analyse them within
the four mentioned principles. The principles
of justice, beneficence, and non-maleficence
are prescriptions of the Hippocratic Oath.
Those four principles were well known through
the Holy Quran and among the sayings of the
prophet Mohammed, however with some slight differences
of hierarchy between the western and Islamic
school of thoughts. As for example, western
society gives more stress and priority to autonomy,
and Islamic society gives justice the priority
(Kiarash A, 2008).
In certain situations and cases, decisions should
be taken carefully and should be distinguishable
whether as a physician or an organisation, a
profession or society makes that decision, for
example when to respond to patients' wishes
for an abortion, considering hospital policy,
society values, religion and law prospectively,
hysterectomy in handicapped patients, mentally
handicapped young children, ignoring those individuals
who are HIV infected, and mercy killing for
those in deep pain or incurable coma or illness.
In such cases the prima facie should be respected
unless there is a good moral reason not to do
so. This can be called empowerment, and this
has gained popularity recently, as it combines
both respect of autonomy and beneficence, because
it acts by doing things to help patient to be
more in control of their health (R Gillon,
1994).
Islam is governed and guided
by Sharia (jurisprudence) which is based solely
on the Holy Quran, and Sunna and Hadith (Prophet
Mohammed sayings), and opinion of Scholars
(Aimma), (Athar S., 2008). Islam after all
permits flexibility, adaptation to the necessities
of life, and any shifts in ethics rely on the
current culture where applied (Rispler-Chaim
V, 1989, Gatrad AR, Sheikh A, 2001).
God has ordered us to look for knowledge and
compose discoveries to improve our lives and
our surroundings. Its not only that, we should
emphasise the importance of Islamic code of
medical ethics and thought in the medical curriculum
(Al-Umran KU, Al-Shaikh BA, Al-Awary BH, Al-Rubaish
AM, Al-Muhanna FA., 2006).
The basic deficiency of the developing countries
is that medical ethics do not form a main part
of mainstream thinking or that within the medical
profession.
Moral foundations
There are many topics where morals and ethics
are involved and need a decision of another
party to take it forward. These include abortion,
ethical issues in pregnancy, female circumcision,
timing of childbirth, organ donations and transplantation,
stem cell research (Larijani B, Zahedi F,
2008, Iltis AS, Rie MA, Wall A, 2008), cosmetic
surgery, treating infertility (in-vitro fertilisation),
female and male sterilization, hymenoplasty,
cloning, blood transfusion before the era of
HIV, narcotics in terminally ill patients, cosmetic
surgery, doctor-patient relations, aging group
care, geriatrics, psychotherapy, paediatrics
problem, medical education and publication,
health care for geriatrics with or without dementia,
brain stem death, coma, death, the do-not-resuscitate
(DNR), and the dying patient and euthanasia,
genetic manipulation and engineering, animal
experimentation, sex selections, spiritual counselling,
removing endo-tracheal tubes in patient with
brain stem death (Cosyns M, Deveugele M,
Abbadie B, Roland M., 2008), medicines containing
alcohol, also ethical issues in immunisation
(Isaacs D, Kilham H, Leask J, Tobin B., 2009),
and care of cancer patients. All of these create
a complicated dispute between the Islamic and
non Islamic worlds (Jonathan E. Brockopp, 2008).
The subject of brain death was defined decades
ago, and it had a significant impact on the
procurement of organs from cadavers. It still
presents a major subject of debate for bioscientists,
legal experts and religious scholars, as well
as for the general public (Akrami SM, Osati
Z, Zahedi F, Raza M., 2004).
Islam holds life as sacred and belonging to
God and all creatures would die one day, as
death is a transition stage between two different
lives. Issues like, DNR (Do Not Resuscitate)
is acceptable (Sarhill N, LeGrand S, Islambouli
R, Davis MP, Walsh D., 2001, Huddle TS, Schwartz
MA, Bailey FA, Bos MA, 2008). As well as
that of assisted reproduction in Islamic world
is accepted (ART, assisted reproductive technology)
for couples with infertility of moderate means
(Eisenberg VH, Schenker JG, 1997, Serour GI,
Dickens BM., 2001).
Another issue, female circumcision was performed
long ago by untrained persons, or a local village
practitioner for religious and historical beliefs.
Nowadays this is unacceptable religiously or
medically as it causes violation of human rights
and female genital mutilation. This can be banned
by education and by imposing legislation (Abu
Daia JM., 2000). Female and Male sterilization
dates back to the time of Hippocrates for preventing
hereditary mental diseases. The first female
surgical sterilization was done in 1823 by James
Blundell. And the first surgical vasectomy was
done in the 19th century in the USA (Rizvi
SA, Naqvi SA, Hussain Z, 1995). In that
period male vasectomy was considered genocide
during Nazi rule in Germany. Sporadically Islam,
Christianity, and Judaism references explicitly
prohibit contraception. Informed consent is
needed for such operations. In the USA it is
legal, however in some other countries it is
not, and in Africa it is illegal to regulate
fertility. It is the will of the couple as to
how many children they want and when to stop.
Family planning services should be part of any
national health care system including the voluntary
contraception services (Rizvi SA, Naqvi SA,
Hussain Z., 1995).
Ageing population is increasing the prevalence
of chronic incurable diseases, which are associated
with deaths worldwide and this needs our attention
and care especially in the developing countries
where it's still missing.
Re-virgination may have fastidious meaning to
women considering marriage in cultures where
a high value is placed on virginity to restore
the condition of female genitals. It can be
defined either to be restoration or mutilation.
However such females who reach an age of consent,
and request such operations, but considering
Islamic values and cultural issues, medical
and human rights abuses that would make for
another opinion and prohibition (O'Connor
M, 2008).
A series of papers on organ donations have recently
disputed whether non-heart beating organ donors
are alive and whether non-heart beating organ
donations breach the dead donor rule (Iltis
AS, Rie MA, Wall A., 2008). In fact physicians
think patients to be dead or not according to
physician intention to resuscitate or not. Thus,
non-heart beating donors may be declared dead
without meeting the criterion of strong irreversibility
even though strong irreversibility is implied
by the concept of death. Such judgment is learned
by physicians as they learn the practice of
medicine and may vary according to circumstances.
From that concept physicians can be trusted
to determine the eligibility for organ donation
for the patient interest and not for increasing
the availability of organs (Huddle TS, Schwartz
MA, Bailey FA, Bos MA., 2008).
Also a double effect would be taking into consideration
when a doctor prescribes morphine to a terminally
ill patient, where it alleviates pain and hastens
demise of a patient by suppressing respiration.
Stem cell research and cloning ethically created
a lot of concern as to whether it is acceptable
in Islam or not, bearing in mind the benefits.
In Islam acquirement of knowledge is a form
of worship, but it should be confined within
God's will and laws, because after all there
should be a balance between God's creation and
any new discovery, or invention whereby egotism
can be a big conflict. Any research should follow
Islamic ethical basics set forth in the Quran
and Sunnah (Fatima Agha Al-Hayani, 2008).
Genetics further intimidates conventional core
conceptions and standards, such as those of
consent and confidentiality; as it reveals certain
information such as identity, and consanguinous
relations, which is out of kilter with traditional
medical ethics, by human genetic mapping, and
disclosing the blue print of a human being (genetic
manipulation), (Sirkku K. Hellsten, 2008).
So, any moral goodness and badness can be ruled
out by reason on its own, therefore any judgment
and decision should involve a broader observation
of new definitions and justice established by
a valid reason (Kiarash A, 2008).
Immunisation programmes raise concerns about
ethical issues as well. Issues are whether to
enforce immunisation and how to deal with those
parents who fail to comply with that, bearing
in mind that those put their children in danger
of contracting severe illness (vaccine-preventable
diseases), and an access to vaccination programmes
and hazards associated with vaccination in terms
of vaccine efficacy and safety and credibility
(vaccine-related injury) (Isaacs D, Kilham
H, Leask J, Tobin B., 2009).
Informed consent: luck or law
The Council for International Organizations
of Medical Sciences (CIOMS) suggested the most
accepted the well known definition of informed
consent, as "a decision to participate
in research made by a competent individual who
has received the necessary information; has
adequately understood the information; and after
considering the information, has arrived at
a decision without having been subjected to
coercion, undue influence, inducement or intimidation".
So the doctors should ensure a good understanding
of the patient before consenting, and that is
called capacity to consent after full disclosure
of information (18 years and above, physically
and mentally accountable). There must be evidence
of choice with a reasonable outcome firstly,
and this choice should be based on a good reason,
and lastly the patient should be capable of
understanding fully the issues of the question
before consenting. If the patient was unable
or incapacitated, then the law would allocate
a person appointed by the patient or their next-of-kin
to make the decision for the patient (substituted
judgment). Consenting is truth telling, respecting
human dignity and related to autonomy. So informed
consent is a shared decision process between
the investigator/ physician and the participant.
The accepted mode for informed consent is writing
and if not documented, witnessed (Pamela
Andanda, 2005).
Obtaining informed consent for any medical
procedure is a foundation of medical practice.
Also consenting in medical trials, should state
the purpose of the trial, and its benefits to
patients and society, and what might be the
possible side effects and consequences, and
if so what alternatives should be taken forward
to combat such side effects (Joanne Lynn,2006).
Also it should state the right to refuse or
withdraw later from the trial at any time without
prejudice.
Confidentiality
It is the patient's conversation with his/ her
doctor, and it is called as patient-physician
privilege relationship. Privacy is the key component
of any individual autonomy (safeguarded patient
privacy). Legal protection would not ask the
doctor to reveal his/her patient's complaint.
So to disclose any personal information to third
parties is prohibited (Mishra NN, Parker
LS, Nimgaokar VL, Deshppande SN, 2008).
Some exceptional conditions would need doctor
cooperation in certain unusual circumstances
where the public interest is needed and certified
to warrant it, and such situations would be;
report a gunshot wound to police, also report
a sexually transmitted disease in a patient
who refuses to tell the spouse, terminating
pregnancy in the underage without acknowledgement
to their parents, and abortions (McCarthy RL,
2008). Cultural differences could create a medical
ethics problem in terms of their belief. Therefore
protection of the privacy and confidentiality
of patients is of paramount importance (Harnett
JD, Neuman R., 2009).
Prisoner and detainees and medical ethics
According to Tokyo measures and declaration,
it stated that no torture or any threat should
be inflicted on a prisoner or their members
of family, because that is considered as an
offence and criminal act to human dignity
(Place RJ., 2006, Halpern AL, Halpern JH, Doherty
SB., 2008). Torture is defined as severe
pain or suffering whether physical or mental,
that is inflicted in order to get information
or a confession for the third party. From this
concept a standard has been structured, and
that emphasis is as follows; adopts the principle
of medical ethics especially of physicians in
order to protect prisoners against torture and
degraded actions, calls for all governments
to give the principle of medical ethics with
consideration to actual resolution to all medical
and paramedical professionals, and invites all
the intergovernmental organizations, such as
the WHO and other NGOs to bring up the principle
of medical ethics to medical and paramedical
fields.
Health personnel, especially physicians should
provide full care to prisoners, and detainees
with similar equality to those not imprisoned
or detained (Pont J, 2008). Also they
should not apply those clinical trials and any
harmful drugs to them unless they wanted to
participate with their own will and after explicit
explanation. Moreover they should not torture
or interrogate them in a manner that might adversely
effect their physical or mental state. Also
they should not get into any kind of relationship
that does not involve evaluation, protection
and improvement of their physical or mental
health.
Ethics concepts in research involving animals/
humans:
Animal experimentation is fundamental to any
biomedical sciences and for advancement of human
understanding the nature of life and the process
of any vital process, and for improvement of
any methods and prevention, diagnosis and treatment
in humans and animals as well. This is a major
exploitation of animals by human beings. Nowadays
many countries ban those practices. Also an
ethical committee was created to give approval
for such actions. A regulatory rule was set
where there should be a respect for animals
used for any scientific purposes to avoid any
discomfort or pain inflicted. This policy would
give a frame to the codes of practice and legislation
regarding using animals for any scientific purposes
(Pitak-Arnnop P, Schouman T, Bertrand JC,
Hervé C, 2008).
There is an animal ethical code, which should
meet strict ethical requirements. Any human
experimentation should be a sine qua non of
medical progress, and should follow strict ethical
requirements as well (Belmont report),
as this was drawn from abuses which were conducted
during the second world war on concentration
camp prisoners (inhuman Nazi human experimentation)
by Dr Josef Mengele; the Nuremberg war crime
trials (van Teijlingen ER, Douglas F, Torrance
N, 2008). For that, national and international
ethical codes and legislation were constructed
especially for those with new substances or
devices when used for the first time to ensure
animal welfare and human being safety; the Nuremberg
code (Shankar G, Simmons A, 2009). Those
experiments can be either for behavioural, physiological,
pathological, toxicological, therapeutic research,
experimental surgery, diagnostic, surgical training,
testing drugs, biological preparation. Different
countries have various policies for animal and
human experimentation, and testing which are
taken according to their cultural backgrounds
(Chertoff J, Pisano E, Gert B,2009). There
have been some principles which should be considered
in order to improve the means of health and
well being and protection of both animals and
human beings. All methods should be computerised
wherever applicable; selection should follow
some rules such as what species to use, and
with a minimum number for valid results scientifically.
Never fail to treat animals as sentient, nonetheless
treat them with proper care and avoid as much
as possible pain, distress and discomfort that
might be incurred while handling or testing.
Always assume those tests that might cause pain
in humans, might also cause pain in animals;
however perception of pain in animals is still
unknown yet. Whenever pain might be caused,
always consider applying testing with appropriate
sedation, analgesia or anaesthesia. When animals
are in chronic pain, and disablement, they should
be relieved by painless killing. Provide best
possible living conditions with space allocationsfor
each animal with adequate standard of hygiene.
Veterinarians should be available when needed.
In order to conduct procedures on animals, it's
obligatory to ensure appropriate qualifications
and experience. Quarantine and isolation should
be in hand when demanded in an emergency. Entry
should be only for authorized persons. Ensure
good environmental conditions such as temperature,
ventilation, lightening, noise, odour level,
disposal of waste. Also ensure a good supply
of food in terms of quantity and quality to
preserve health with an access to free clean
potable water. Keep a record of all kept animals
with their testing and progress of testing results
and if they died a post-mortem examination.
Research would only be justified if there was
a well-built possibility that it would contribute
to improvements of the human condition, whether
trial participants and future patients (Udo
Schüklenk, 2005).
Research ethics is fundamentally about the means
of ensuring that defenceless people are protected
from exploitation and other forms of harm. Therefore
they should be informed of every single detail
and ensure their understanding of the possible
outcomes.
Alternatives
Nowadays the trend is to use isolated cells,
tissue or organs in experimentation. This would
replace the use of an intact live animal for
any experimental procedures. Those alternatives
would include non-biological and biological
methods. The former would include mathematical
modelling of structure activity relationships
based on the physio-chemical properties of drugs,
and other chemical, computer modelling of other
biological process. The latter implies use of
micro-organisms, and in-vitro preparations (sub-cellular
fractions, short term cellular systems, whole
organ perfusion, cell and organ culture, and
also retrospective and prospective epidemiological
investigation on human and animal populations,
represents another approach. The idea of alternatives
is adopted to be a complementary technique to
the use of intact animals. This in my opinion
should be applied and encouraged to use for
both scientific and human reasons in order to
ease the animal and human being misery and suffering
(Kurosawa TM., 2008).
Legal medicine
It is an interface between medicine and law
in health care. Reviewing athletes' fitness
and ensuring that prohibited substances are
not prescribed, symbolize a growing area of
legal medicine. Ethical thoughtfulness of health
care should respect legal medicine principles.
Migration and communicable diseases are aspects
of legal medicine. International meetings must
be respected by legal medicine and dictate a
physicians' duties. Legal medicine is a medical
specialty in its own right (Beran RG, 2008).
Standards of conduct and duties of doctors
Duties should always be purely humane. Doctors
must always strive to maintain the highest standard
of professional conduct, and should not be influenced
by any means by either motives or profits
(Judicial Council, 1957). They should always
bear in mind the obligation to preserve human
life from the time of conception and development.
Any abortion which threatens a mother's life
should be considered under the conscience of
doctors and as statute law permits. Doctors
should owe the patient their complete loyalty
and the resources of science. They should help
when needed especially in emergency situations.
A doctor should behave to colleagues as he/she
would have them behave to them. A doctor must
not entice patients from his colleagues. Doctors
should follow the declaration of Geneva, approved
by the world medical association in 1948. It
is a revision of Hippocrates' oath. It stated
that doctors should practice their profession
concisely and with dignity, bearing in mind
sole consideration to their patients and their
professions, and should not refer their patients
for some costly treatment, or investigation
and take charges for that, as this is unethical
(Judicial Council, 1957). Also marketing
for some pharmaceutical companies and receiving
gifts and food for that is unethical and unacceptable.
This means influencing prescribing practice
for some companies' products. Doctors should
not get involved in a sexual relationship with
their patients because this creates ethical
conflicts. In some countries such acts and violation
would mean deregistration and prosecution. Treat
colleagues as your brothers and sisters. Do
not allow religion, nationality, ethnicity,
age, gender and racial barriers to intervene
with your duty to your patient.
Medical futility
Medical futility is a very important topic in
medical ethics. How would we as physicians act
if a terminally ill patient and his family insist
on advanced care. Previously futility meant
that a patient might have less than 1% chance
of survival. Some of such cases wound up in
the courts. So living wills and durable powers
of attorney for health care were considered.
Therefore in such critical situations, decisions
should be made between doctors, and clinical
ethics committees or other independent parties
to resolve the conflicts about withdrawing or
continuing treatment within the legitimate policy
(Miljeteig I, Johansson KA, Norheim OF.,
2008, Davis JK., 2008).
Health system, misconduct and ethics in
Libya
The healthcare system in Libya is still missing
its real form and meaning. Some rated the health
standards to be extremely poor. This could be
attributed to our culture and society. For instance,
we never tend to inform the patients of their
real illness, instead we tell relatives, and
sometimes their neighbour if they were accompanying
them. Not only that, we might extend it to a
social discussion on the communal events meeting
up. Therefore confidentiality and privacy is
broken, breached and jeopardised. This would
mean breaking rules of the Hippocrates oath;
anyway no one could be blamed, because after
all I don't recall we had this oath when we
graduated. It was stated only once for the first
graduate of the medical school. This could be
the only reason to be blamed in such critical
occasions. Also our patients lost their trust
in the Libyan health system and service delivery,
due to the following reasons;
- Lack of independent regulatory body within
the ministry of health, and professional bodies
- No effective appraisal or revalidation
of the medical manpower
- No robust governance body
- Poor environmental setup, for the patient
and health providers
- Lack of consistency and continuity of care
- Poor communication systems and patient
data records
- Lack of evidence based practice
- Lack of vision and of decision making processes
- Under funding and corruption
The health sector is a very important element
for the growth and upholding of any nation.
For instance any country would allocate a budget
for its health system in order to improve it
in terms of productivity. In Libya it is the
expenditure and not the production. Whom you
need to blame, no one knows. This emphasises
and calls for an existence of a concrete, clear,
ethical and well-formed discipline to be followed
and implemented. Also nowadays our patients
tend to go to the neighbouring countries such
as Tunisia, Egypt and Jordan for any medical
check-up and treatment. This would only indicate
losing the trust in the Libyan doctors. Therefore
the society and government should unite and
provide decent living standards for Libyan doctors
to produce and be fruitful. For instance, low
income and high living costs would make a serious
discrepancy. Furthermore the government raised
the doctors and nurses salary as a test for
some hospitals and not for everyone, and this
creates hatred and discrimination. There isn't
any effective health system that would behave
in that manner in the whole world. Moreover
we tend not to have a registry and medical recoding
system per se, and if itexisted, it would be
only a pile of files where concise and precise
accountable documentation is missing and therefore
it would lose its real meaning and application.
This is another ethical problem in our health
practice in Libya. Therefore for any patient
who has travelled abroad for treatment, this
would mean a duplication of an unavoidable investigation
and treatment again which could be costly as
well. Furthermore electronic documentation is
still missing. The old adage is if it's not
documented, it was not done. It's a fact and
this should be followed and implemented. Libyan
doctors tend to be reactive instead of proactive.
We need to evolve medical practice in Libya.
We need to voice our opinions and discuss all
that matters and consider ethical values and
apply them in order to create a healthy society
in our community. It's actually a very complicated
process as it does involves a lot of factors,
and if one is fixed, you can't necessarily fix
the rest. This all goes back to our background
cultural heritage (Rispler-Chaim V., 1989).
Physicians always face ethical dilemmas when
dealing with their patients. They should adopt
and conduct moral rules and develop attitudes
within the framework of ethical concept, and
aims to implement in their normal practice,
in order to improve and understand its application.
Ethics is distinctive material specifically
because of its widespread acquaintance in all
aspects of our life, and therefore any teaching
has to start from the concept of ethical understanding
to guarantee intellectual respectability.
Recommendations: IMPLEMENTATION OF ETHICS
REVIEW
There should be a taught course on basic ethics
and values, and the principles of practice in
the medical study years especially when facing
clinical medicine. In the Islamic world, medical
curricula should embrace the Islamic code of
medical ethics. However our religion after all
emphasises such values to be implemented, but
it seems they are still missing on application.
We therefore should urge and stress the need
to develop and adopt a universal national guideline
for ethics codes learning, exploring and applying,
while practising medicine. It would be highly
appreciable if a manual for medical ethics is
considered in order to serve a guiding tool
for both medical students and physicians.
Improving quality of care is a policy objective
of health care systems around the world. Advanced
quality of care is a doctrine and aim of health
care systems around the world. Implementation
research is the scientific study of methods
to encourage the systematic uptake of clinical
study findings into routine clinical practice,
and thus to reduce inappropriate care.
Currently our patient receives less than desirable
care due to lack of consolidated clinical records,
plus the fact that there is no electronic medical
data record system. In order to improve any
health service quality there must be a clinical
research ethics policy, and that should be evaluated
thoroughly (Daw A, Elkhammas EA, 2008).
We should develop a review ethics committee
board to evaluate and assess medical practice
on human beings, and establishing a hospital
ethics committee to emphasise the role of the
ethicists in the medical curricula. Effective
hospital accreditation would require ethical
consideration taken into account seriously;
otherwise ethics would be in crisis.
Researchers must strictly adhere to the diverse
ethical guidelines to ensure the dignity and
rights of human participants are correctly upheld
in research. Ethics teaching plans to teach
physicians to spot and resolve ethical issues;
they also should address any ethical concerns
and confront each other when debates raise (Sarah
L. Clever, Kelly A. Edwards, Chris Feudtner,
Clarence H. Braddock III, 2001).
Principles: Time for ethics to face the
forthcoming future
There should be some guidelines for medical
doctors to practice, and they are briefly as
follows:
Listen carefully to patient complaints and worries
- Respect autonomy
- Deal with patient with great care and respect
- Tell the full story and the complete truth
to patients
- Apply basic principles and methods from
our Islamic religion
- Start with yourself, correct your own ethics
and commit to improving your own manners in
- order to improve ethics
- Develop one committee to teach across the
country
- Follow our precious previous pioneers' footsteps
such as Ibn Sina, as they represent the ideal
physician to be inspired and followed
- We need to set up rules and vital points
in considering the psychology of patients
to make them feel better and improve things
for them
- Pay more attention and care to your patients
- Try to make availability of standard medical
services as a shortage of them would mean
the system is imperfect and breached
- Develop a standard of conduct and approaches,
for application of medical ethics
Acknowledgement
A special thank goes to Dr Dardouri. H.
who proof read my review and edited some points,
and believed on me and supported me.
Alejandro R Jadad , Laura O'Grady, How should
health be defined?, Editorials, BMJ 2008;337:a2900
R Gillon, Education and debate, BMJ, 1994; 309:
184
Choi EK, Fredland V, Zachodni C, Lammers JE,
Bledsoe P, Helft PR., Brain death revisited:
the case for a national standard., J Law Med
Ethics. 2008; 36(4):824-36
Hurst SA., Just care: should doctors give priority
to patients of low socioeconomic status, J Med
Ethics. 2009; 35(1):7-11
Shankar G, Simmons A., Understanding ethics
guidelines using an internet-based expert system,
J Med Ethics. 2009; 35(1):65-8
Pitak-Arnnop P, Schouman T, Bertrand JC, Hervé
C., How to avoid research misconduct - Recommendations
for surgeons, J Chir (Paris). 2008; 145(6):534-41
Walker RL., Medical Ethics Needs a New View
of Autonomy, J Med Philos. 2008.
Chertoff J, Pisano E, Gert B., Core curriculum:
research ethics for radiology residents, Acad
Radiol. 2009; 16(1):108-16.
Pont J., Ethics in research involving prisoners,
Int J Prison Health. 2008; 4(4):184-97
van Teijlingen ER, Douglas F, Torrance N.,
Clinical governance and research ethics as barriers
to UK low-risk population-based health research,
BMC Public Health. 2008 28;8(1):396
Larijani B, Zahedi F., Contemporary medical
ethics: an overview from Iran, Dev World Bioeth.
2008; 8(3):192-6
Iltis AS, Rie MA, Wall A., Organ donation,
patients' rights, and medical responsibilities
at the end of life., Crit Care Med. 2008
McCarthy RL., Ethics and patient privacy, J
Am Pharm Assoc (2003). 2008; 48(6):e144-52;
quiz e153-4
Prudil L., Access to health care: solidarity
and justice or egoism and injustice, Med Law.
2008; 27(3):563-8
Akrami SM, Osati Z, Zahedi F, Raza M., Brain
death: recent ethical and religious considerations
in iran, Transplant Proc. 2004;36(10):2883-7
Serour GI, Dickens BM, Assisted reproduction
developments in the Islamic world, Int J Gynaecol
Obstet. 2001; 74(2): 187-93
Sarhill N, LeGrand S, Islambouli R, Davis MP,
Walsh D, the terminally ill muslim: death and
dying from the muslim perspective, Am J Hosp
Palliat Care. 2001; 18(4): 251-5
Gatrad AR, Sheikh A., medical ethics and islam:
principles and practice, Arch Dis Child. 2001;
84(1): 72-75.
Abu Daia JM., female circumcision, Saudi Med
J. 2000 Oct; 21(10): 921-3
Eisenberg VH, Schenker JG., the ethical, legal
and religious aspects of preembryo research,
Eur J Obstet Gynecol Reprod Biol. 1997; 75(1):11-24
Orr RD, Genesen LB, requests for inappropriate
treatment based on religious beliefs, J Med
Ethics. 1997; 23(3):142-7
Rizvi SA, Naqvi SA, Hussain Z., ethical issues
in male sterilization in developing countries,
Br J Urol. 1995;76 Suppl 2:103-5
Rispler-Chaim V., Islamic medical ethics in
the 20th century, J Med Ethics. 1989; 15(4):203-8
Buijsen M., 2008, the meaning of justice in
health care, Med Law. 2008; 27(3):535-45
O'Connor M., Reconstructing the hymen: mutilation
or restoration, J Law Med. 2008; 16(1):161-75
Cosyns M, Deveugele M, Abbadie B, Roland M,
Decision-making and end of life care, Rev Med
Brux. 2008; 29(2):77-88
Beran RG, Analysis - what is legal medicine,
Forensic Leg Med. 2008; 15(3):158-62.
Huddle TS, Schwartz MA, Bailey FA, Bos MA,
Death, organ transplantation and medical practice,
Philos Ethics Humanit Med. 2008;3:5
Gilbar R., patient autonomy and relatives right
to know genetic information, Med Law, 2007;
26 (4):677-97
E.H.Aburawi, the great professor Ibnosina (Avicenna),
LJM: 2007, 070515
Hoop JG, ethical considerations in physhiatric
genetics, Hary Rev Psychiatry, 2008; 16 (6):322-38
Mishra NN, Parker LS, Nimgaokar VL, Deshppande
SN, Privacy and the right to information act,
2005, Indian J.Med.Ethics, 2008; 5 (4):158-61
Noni MacDonald, and Amir Attaran, Medical errors,
apologies and apology laws, CMAJ. 2009 January
6; 180(1): 11.
Judicial Council, Principles of medical ethics,
AMA principls of medical ethics, 1957; 1-3
Kiarash A, Justice as a principle of Islamic
bioethics, American journal of bioethics, 2008,
vol 8, no 10, 25-27
Udo Schüklenk, MODULE ONE: INTRODUCTION
TO RESEARCH ETHICS, Developing World Bioethics
ISSN 1471-8731 (print); 1471-8847 (online) Volume
5 Number 1 2005
Pamela Andanda, MODULE TWO: INFORMED CONSENT,
Developing World Bioethics ISSN 1471-8731 (print);
1471-8847 (online) Volume 5 Number 1 2005
Harnett JD, Neuman R, Research ethics for clinical
researchers., Methods Mol Biol., 2009; 473:285-97
Isaacs D, Kilham H, Leask J, Tobin B., Ethical
issues in immunisation, Vaccine. 2009 Jan 29;27(5):615-618.
Epub 2008 Nov 19
Heather Draper & Tom Sorell, Patients'
Responsibilities in Medical Ethics, Bioethics,
2002, Volume 16 Issue 4, Pages 335 - 352
Joanne Lynn, Informed consent: An overview,
Behavioral Sciences & the Law, 2006, Volume
1 Issue 4, Pages 29 - 45
Fatima Agha Al-Hayani, MUSLIM PERSPECTIVES
ON STEM CELL RESEARCH AND CLONING, Zygon, 2008,
Volume 43 Issue 4, Pages 783 - 795
Jonathan E. Brockopp, ISLAM AND BIOETHICS,
Journal of Religious Ethics, 2008, Volume 36
Issue 1, Pages 3 - 12
Sarah L. Clever, Kelly A. Edwards, Chris Feudtner,
Clarence H. Braddock III, Ethics and Communication,
Journal of General Internal Medicine, 2001,
Volume 16 Issue 8, Pages 559 - 563
Robert V. Carlson , Kenneth M. Boyd & David
J. Webb, The revision of the Declaration of
Helsinki: past, present and future, British
Journal of Clinical Pharmacology, 2004, Volume
57 Issue 6, Pages 695 - 713
Athar S., Enhancement technologies and the
person: an Islamic view, J Law Med Ethics. 2008
Spring;36(1):59-64, 3
Halpern AL, Halpern JH, Doherty SB., "Enhanced"
interrogation of detainees: do psychologists
and psychiatrists participate, Philos Ethics
Humanit Med. 2008, 25;3:21
Place RJ., Caring for non-combatants, refugees,
and detainees, Surg Clin North Am. 2006; 86
(3):765-77
Kurosawa TM, Alternatives to animal experimentation
v.s. animal rights terrorism, Yakugaku Zasshi.
2008; 128(5):741-6
Miljeteig I, Johansson KA, Norheim OF, Ethical
choices in medically futile treatment, Tidsskr
Nor Laegeforen. 2008; 128(19):2185-9
Michael Malus, Ethical consultation, Can Fam
Physician, Vol. 53, No. 2, 2007, pp.206 - 207
Davis JK., Futility, conscientious refusal,
and who gets to decide., J Med Philos. 2008;
33(4):356-73
Elmahdi A. Elkammas, Medical ethics in Libya;
where to start?, Libyan J Med, AOP: 061201,
1-2
Daw A, Elkhammas EA, Libyan Medical Education:
time to move forward, Libyan J Med, 2008, AOP:
071208, pg 1-4
Al-Umran KU, Al-Shaikh BA, Al-Awary BH, Al-Rubaish
AM, Al-Muhanna FA, Medical ethics and tomorrow's
physicians: an aspect of coverage in the formal
curriculum, Med Teach. 2006 Mar; 28(2):182-4
Sirkku K. Hellsten, GLOBAL BIOETHICS: UTOPIA
OR REALITY?, Developing World Bioethics, 2008
Aug;8(2): 70-81

|