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2 - Report cards for institutions, not individuals

Published online by Cambridge University Press:  08 August 2009

Neil Levy
Affiliation:
University of Melbourne, Australia
Steve Clarke
Affiliation:
University of Oxford and Charles Sturt University, New South Wales
Justin Oakley
Affiliation:
Monash University, Victoria
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Summary

The performance assurance mechanisms that have been proposed over the past decade or so have many aims, some laudable, some less so. Sometimes they are designed essentially as cost containment measures; sometimes they are motivated by a genuine concern for raising the quality of healthcare. In their paper, ‘Informed consent and surgeons’ performance', Clarke and Oakley (2004) argue that data on surgeons' performance should be collected and disseminated for another reason: to provide patients with information they need for genuinely informed consent. Clarke and Oakley suggest that promoting informed consent is vital, inasmuch as so doing respects patient autonomy; a good which is so significant that its promotion trumps most other considerations. Indeed, they give only one example of a good that is important enough to restrict (though not to violate) patient autonomy – surgeon's privacy with respect to their sexual orientation – and explicitly argue that even a reduction in overall surgical utility may not be a weighty enough consideration to justify a restriction on autonomy (2004, p. 19 and p. 23).

I suggest, however, that Clarke and Oakley are mistaken in thinking that respecting autonomy requires giving it weight sufficient to trump most rival goods. Respecting autonomy does not require maximizing it; it requires taking it seriously. We respect patient autonomy by always taking it into consideration in ethical decision-making, just as we respect a person by always taking her interests into consideration, not by treating her interests as trumping all rival goods (if it were the case that respecting a person required taking her interests as overriding, it would require a miraculous harmony of interests for us to be able to simultaneously respect many people).

Type
Chapter
Information
Informed Consent and Clinician Accountability
The Ethics of Report Cards on Surgeon Performance
, pp. 41 - 51
Publisher: Cambridge University Press
Print publication year: 2007

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References

Batty, D. (2004). Sex changes are not effective, say researchers. The Guardian, July 20.
Clarke, S. and Oakley, J. (2004). Informed consent and surgeons' performance. Journal of Medicine and Philosophy, 29, 11–35.CrossRefGoogle ScholarPubMed
Department of Health (2002). Learning from Bristol. London: HMSO.
Hibbard, J. H., Stockard, J. and Tusler, M. (2005). Hospital performance reports: impact on quality, market share, and reputation. Health Affairs, 24, 1150–61.CrossRefGoogle ScholarPubMed
Kennedy, I. (2002). Report of the Bristol Royal Infirmary Inquiry. London: HMSO. See: http://www.bristol-inquiry.org.uk/final_report/index.htm.
Neil, D., Clarke, S. and Oakley, J. (2004). Public reporting of individual surgeon performance information: United Kingdom developments and Australian issues. Medical Journal of Australia, 181, 266–8.Google ScholarPubMed
Silver, R. L. (1982). Coping with an undesirable life event: a study of early reactions to physical disability. Unpublished doctoral dissertation, Northwestern University.
Ubel, P. A., Loewenstein, G. and Jepson, C. (2005). Disability and sunshine: can predictions be improved by drawing attention to focusing illusions or emotional adaptation? Journal of Experimental Psychology – Applied, 11, 111–23.CrossRefGoogle ScholarPubMed

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