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Terminating your professional relationship with a patient

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PA QUANDARIES<br />

“The complicating issue here is that the<br />

person who is doing the endangering is not<br />

the <strong>patient</strong> but a family member.”<br />

Guidelines for Ethical Conduct for the<br />

Physician Assistant Profession 5 provide<br />

specific procedures in greater detail.<br />

Neither publication deals <strong>with</strong> a family<br />

member as the cause for termination of<br />

the <strong>professional</strong> <strong>relationship</strong>.<br />

The Charter on Medical Professionalism’s<br />

“Principle of primacy of <strong>patient</strong><br />

welfare” states:<br />

This principle is based on a dedication<br />

to serving the interest of the <strong>patient</strong>.<br />

Altruism contributes to the trust that is<br />

central to the physician-<strong>patient</strong> <strong>relationship</strong>.<br />

Market forces, societal pressures,<br />

and administrative exigencies<br />

must not compromise this principle. 6<br />

PAs also have a moral duty to self<br />

and family. 7 Safeguarding one’s health<br />

and life seems vital in the ethical analysis<br />

of any threatening situation. In a<br />

previous installment of this column, we<br />

discussed the duty to treat in times of<br />

health and safety disasters. 8 Does the<br />

same duty to treat exist when personal<br />

threat, abuse, and possible injury are<br />

being committed by a member of <strong>your</strong><br />

<strong>patient</strong>’s family?<br />

Is there reason to be concerned<br />

about threats and verbal abuse? In<br />

2000, 48% of nonfatal occupational<br />

injuries from violent acts or assaults<br />

happened to those in the health care<br />

or social service fields. From 1996 to<br />

2000, there were 69 homicides in<br />

health services, as reported by the<br />

Bureau of Labor Statistics (BLS), 9<br />

which considers the actual number of<br />

incidents to be much higher. The<br />

underreporting may be due to the perception<br />

that some assaults are part of<br />

the job in health care. Other providers<br />

may believe they provoked the assault<br />

or that the institution and the health<br />

care system caused frustration that was<br />

significant enough to incite these acts.<br />

58 JAAPA • APRIL 2009 • 22(4) • www.jaapa.com<br />

According to the Guidelines for Ethical<br />

Conduct for the Physician Assistant<br />

Profession, PAs have an ethical obligation<br />

to ensure that each <strong>patient</strong> is provided<br />

proper care. 5 Can the moral<br />

duty to one’s safety override the commitment<br />

to the <strong>patient</strong>? Jonsen 7 and<br />

others acknowledge that the <strong>patient</strong><br />

who makes explicit threats against others<br />

weakens the commitment to maintain<br />

care. The moral duty to self, family,<br />

other <strong>patient</strong>s, and the community<br />

supports this position.<br />

The complicating issue here is that<br />

the person who is doing the endangering<br />

is not the <strong>patient</strong> but his son.<br />

To “fire” a <strong>patient</strong> from the practice<br />

should be an exceptionally uncommon<br />

occurrence. Even more unusual is to<br />

do so because of the actions of a family<br />

member. There are no data regarding<br />

incidents of violent acts by family<br />

members perpetrated upon PAs.<br />

When deciding whether or not to<br />

“fire” a <strong>patient</strong>, a careful deliberate reasoning<br />

process should be undertaken.<br />

Not every difficult <strong>patient</strong>, for example,<br />

one who does not adhere to a specific<br />

therapeutic regimen, is drug-seeking, or<br />

has personality disorders, should be dismissed<br />

because of the challenges of providing<br />

treatment. Wasan and colleagues<br />

made an astute observation and comment<br />

at the conclusion of their paper:<br />

The difficulty <strong>with</strong> difficult <strong>patient</strong>s<br />

has less to do <strong>with</strong> such <strong>patient</strong>s’<br />

behaviors themselves and more to do<br />

<strong>with</strong> the feelings their behaviors evoke<br />

in their providers. Frustration, anxiety,<br />

guilt, or dislike on the part of <strong>patient</strong><br />

or provider can inhibit or even damage<br />

the doctor-<strong>patient</strong> <strong>relationship</strong>.… 10<br />

Difficult economic times such as<br />

those we are living in often produce<br />

more disquiet in our <strong>patient</strong>s and our-<br />

selves. There are more violent episodes<br />

by <strong>patient</strong>s and family members in hospitals,<br />

emergency departments, and out<strong>patient</strong><br />

clinics. A number of resources<br />

can assist in creating a safer environment<br />

for all (see “Resources to Help<br />

Create a Safer Working Environment”<br />

in the online version of this article).<br />

The decision to dismiss a potentially<br />

violent or abusive <strong>patient</strong> from the<br />

practice presents an ethical and moral<br />

quandary. And if a family member is<br />

causing the disruption, the quandary is<br />

even more complex and uncommon.<br />

Each case of terminating <strong>your</strong> <strong>professional</strong><br />

<strong>relationship</strong> <strong>with</strong> a <strong>patient</strong><br />

is contextual. Using a casuistic casebased<br />

analysis that draws upon the<br />

reasoning of similar past problems<br />

to elucidate solutions to new problems<br />

is one approach to resolving this<br />

quandary. JAAPA<br />

REFERENCES<br />

1. Estes NA, Halperin JL, Calkins H, et al; American College of<br />

Cardiology; American Heart Association Task Force on<br />

Performance Measures; Physician Consortium for<br />

Performance Improvement. ACC/AHA/Physician Consortium<br />

2008 Clinical Performance Measures for Adults <strong>with</strong> nonvalvular<br />

atrial fibrillation or atrial flutter: a report of the<br />

American College of Cardiology/American Heart Association<br />

Task Force on Performance Measures and the Physician<br />

Consortium for Performance Improvement. J Am Coll<br />

Cardiol. 2008;51(8):865-884.<br />

2. Go AS, Hylek EM, Phillips KA, et al. Prevalence of diagnosed<br />

atrial fibrillation in adults: national implications for rhythm<br />

management and stroke prevention: the AnTicoagulation<br />

and Risk Factors in Atrial Fibrillation (ATRIA) Study. JAMA.<br />

2001;285(18):2370-2375.<br />

3. Krahn AD, Manfreda J, Tate RB, et al. The natural history<br />

of atrial fibrillation: incidence, risk factors, and prognosis<br />

in the Manitoba Follow-Up Study. Am J Med. 1995;98(5):<br />

476-484.<br />

4. Termination of the physician-<strong>patient</strong> <strong>relationship</strong>. Code of<br />

Medical Ethics of the American Medical Association.<br />

American Medical Association: Chicago, IL; 2006:240<br />

5. Guidelines for Ethical Conduct for the Physician Assistant<br />

Profession. http://www.aapa.org/manual/22-EthicalConduct.<br />

pdf. Accessed March 11, 2009.<br />

6. ABIM Foundation, American Board of Internal Medicine;<br />

American College of Physicians-American Society of<br />

Internal Medicine; European Federation of Internal Medicine.<br />

Medical <strong>professional</strong>ism in the new millennium: a physician<br />

charter. Ann Intern Med. 2002;136(3):243-246.<br />

7. Jonsen AR, Siegler M, Winslade WJ. Contextual features.<br />

Clinical Ethics: A Practical Approach to Ethical Decisions in<br />

Clinical Medicine. New York, NY: McGraw Hill; 2007:163-164.<br />

8. Gianola FJ. The duty to treat and the realities of the 21st<br />

century. JAAPA. 2007;20(8):48-49.<br />

9. Guidelines for Preventing Workplace Violence for Health Care<br />

and Social Service Workers.http://www.osha.gov/Publications/<br />

OSHA3148/osha3148.html. Accessed March 11, 2009.<br />

10. Wasan AD, Wootton J, Jamison RN. Dealing <strong>with</strong> difficult<br />

<strong>patient</strong>s in <strong>your</strong> pain practice. Reg Anesth Pain Med. 2005;<br />

30(2):184-192.

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