General Medical Ethics OLD News
Extracts from EEIN 1991-1994. Latest news is at the bottom. Provided by Eubios Ethics Institute , at http://eubios.info/index.html.
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Abbreviations for journals
Note that this file includes scientific ethics and law and medical ethics sections
The Nuffield committee in Britain has announced that it will fund and launch a National
Bioethics Committee in Britain, from May 1991, for an initial three years; NS
(2 March 1991), 10; Biotechnology
9 (1991), 318. It will consist of about a dozen people, including a majority of
nonscientists and physicians who will offer advice on the general field of bioethics.
There have been earlier calls for a national bioethics committee, see J. Medical Ethics
16 (1990), 146-7. For background information on national ethics research committees,
and the call for a Canadian advisory board see the study paper from the Law Reform
Commission of Canada, Towards a Canadian advisory council on biomedical ethics
(1990, 57pp (plus French language version)).
An English text of most of the French Medical Research law (passed in Dec 1988 and
Jan 1990) is reproduced in the BME
66 (March 1991), 8-11. The European Commission is issuing a directive that will
force European countries to include laws on medical research in each country. The
French Parliament is debating more medical ethics issues, and possible legislation;
BMJ
302:746-7.
The situation of medical ethics in Eastern European countries is discussed in several
papers in the BME
66 (March 1991), 13-24. There are discussion of bribery and medical ethics in Hungary,
and on building libraries in those countries formerly under communist rule.
Letters responding to papers on the Nazi hypothermia experiments are in NEJM
324:845-7.
A report by the ethics committee of the Norwegian Ministry of Health and Social Affairs
has been prepared, which will provide the basis for a report on the ethics of biotechnology
related to human beings to be presented to the Norwegian Storting in 1992. It is entitled Man and Biotechnology
and English summaries are available from the Royal Norwegian Ministry of Health and
Social Affairs, Grubbegt 10 - P.O. Box N-8011 DEP., 0030 Oslo 1, Norway. It covers
a wide range of issues.
On the subject of inochi, which is the Japanese word meaning life or nature, see M.Morioka,
"The concept of inochi: A philosophical perspective on the study of life", Japan Review
2: 83: 83-113. It presents in English some of the approach used to the study of
bioethics that the author has presented in a Japanese language book, and also contains
impressions obtained from the Japanese public. On another approach to ethics, that
using the ideas of the Maori of New Zealand, see R.W.Perrett & J.Patterson, "Virtue ethics
and Maori ethics", Philosophy, East & West
41: 185-202.
A new book on the history of medical ethics is D.J.Rothman, Strangers at the Bedside: A History of How Law and Bioethics Transformed Medical Decision
Making
(320pp., US$25, Basic Books 1991) is reviewed in Nature
350: 530. This book is generally limited to the situation in the USA.
A short letter on the use of the word "patient" versus "client" appears in MJA
154: 183-4, 432. Generally the word patient is preferred by the people themselves,
and the word client sounds more like a business word. We should remember the origin
of patient, which is from Latin, pati
, to suffer, and the effect the word may have on the relationship to a doctor or counselor.
The Nuffield committee in Britain has been established for an initial three years;
EEIN
1: 41; BME
(May 1991), 6; Nature
350: 641. The chairman is the Rt.Hon. Sir Patrick Nairne. One of the first areas
of inquiry will be into the implications for humans of developments in genetic and
molecular biological research in animals and plants as well as in humans.
On the poor level of recruitment of patients for clinical trials see BMJ
302: 1099-1100. See also A. Brett & M.Grodin, "Ethical aspects of human experimentation
in health services research", JAMA
265: 1854-7.
The Linacre Centre has several publications on the topics of IVF, prenatal diagnosis,
nursing ethics, and euthanasia. For details of these books contact the Linacre Centre,
60 Grove End Road, London NW8 9NH, U.K.
On scientific ethics regarding the Baltimore paper issue see JAMA
265: 2309-11; Nature
351: 85, 94-5, 180-3, 341-5; Science
252: 768-70. There was even a debate on the legal costs which initially partly came
from federal grants; NS
(4 May 1991), 15; Lancet
337: 1274-5. On another case see Nature
351: 13.
A recent successful experiment on the implantation of an artificial pancreas into
diabetic dogs is in Science
252: 718-21. It used a selectively permeable membrane to surround the implants to
prevent host rejection.
A comment on ethical committees is by G.J. Annas in the Hastings Center Report
(May/June 1991), 18-21. the role of committees must be examined, they are not legal agents,
but they need to focus on ethics. On the increasing number of ethical committees
and reports see an editorial in Nature
352: 359-60. Also see R.A. Hope, "The birth of medical law", Oxford J. Legal Studies
11: 247-53.
There are several papers in the June issue of Bulletin of Medical Ethics
, on the situation for patients at the end of life in Poland, the rebirth of medical
ethics in Czechoslovakia, and ethics teaching for Hungarian nurses.
For reviews of Albert R. Jonsen, The New Medicine and the Old Ethics
(188pp., 15, Harvard University Press 1991) see NS
(17 Aug 1991), 44, and JAMA
266: 574-5. A gender difference in clinical decision making is discussed in JAMA
266: 559-62, 566.
The FDA has adopted a common federal policy for the protection of human subjects;
JAMA
266: 1482. It applies to IRBs, and informed consent. On free speech and clinical
trials see Science
254: 23. On randomised clinical trials see Obstetrics & Gynecology
78: 703-4. On informed consent see Lancet
338: 665-6, 952; BMJ
303: 610-3. In the U.K. the Dept. of Health has published its initial guidelines
for proposals involve human subject research; Nature
352: 746; BMJ
303: 488, 873-4; JRSM
84: 755-7. There are new regulations on clinical trials in Spain; Lancet
338: 304.
On medical ethics in general see CMAJ
145: 696-9; Medical Education
25: 280-2; A.R. Jonsen, "Of balloons and bicycles. The relationship between ethical
theory and practical judgement", HCR
(Sept/Oct 1991), 14-17. A book review of Social Science Perspectives in Medical Ethics
, ed. George Weisz (Kluwer 1990) is in Social Science & Medicine
33: 635-6. On the quality of life, and methods to assess this see BMJ
303: 699-701; Lancet
338: 350-1, 636-7.
A general paper by I. Kennedy, "Health law and ethics: an agenda for the 90s", is
in BME
(Aug 1991), 16-21. It introduces the UK Forum for Health Care Ethics and Law, and
looks at what teaching is required. On professionalism and the AMA see JAMA
266: 1694. Book reviews are in JAMA
266: 851, 1047-8, 1273-4, and a list of some books on medical ethics on p. 1706.
On medical education see Lancet
338: 297-9, for the conclusion of a six part series of comments. On educational
malpractice see JAMA
266: 905-6, and on patient encounters see JAMA
266: 1390; BMJ
303: 261-2. On healing and medicine see JRSM
84: 516-8. On the way ethical decisions are made by family doctors in Canada, USA
and Britain see Social Science & Medicine
33: 647-53.
On medical ethics committees see G. J. Agich & S. J. Younger, "For experts only?
Access to hospital ethics committees", HCR
(Sept/Oct 1991), 17-25. A 1-day symposium on Oct 27 was held in Jikei Medical School
in Tokyo, Japan, looking at medical ethics committees. It was organised by K. Hoshino,
and included J. Miller (Canada) and W.A. Atchley & S. Spicker (USA). A survey of
Japanese medical ethics committees has been conducted by K. Hoshino, and by the end of
this year all 80 Japanese medical schools will have an ethics committee, the average
size is 10 members, 13 include one female member, and one has two! 68 had at least
one academic in addition to doctors, of these: 48 include a lawyer, 29 include a philosopher.
Of hospitals, 14% have ethics committees, and 14% are studying about whether to have
committees (in Feb. 1990).
On the effect of medical litigation on U.K. obstetric practice see Lancet
338: 616-8, with some use of defensive medicine. A book review concerning 19th century
medical malpractice in America is in NEJM
325: 591-2. On the poor effect of malpractice claims on reimbursing negligence see
NEJM
325: 245-51. Recently a nationwide group of lawyers in Japan held a free telephone
call in day for people who thought they had been mistreated by doctors. In Japan
very few medical malpractice suits are successful. On that day, at the 58 offices
receiving calls, 852 cases were brought to the attention. After examination, the lawyers
criticised the actions of 56 private clinics/hospitals, 28 individual doctors, and
24 public hospitals. The number of cases in which legal action will be taken is
not available.
On scientific ethics see Science
253: 1344-8, 1479.
On independent committees for biomedical research see a paper by J.-P. Demarez in
IJB
3: 171-7. It looks at the situation in France, and the paper is in French. In December
1991, the French Government unveiled a code of biomedical ethics that will be the
draft for the legislation expected in 1992. The code bans payment for donated blood or organs, and donors must remain anonymous. The code limits the use of genetic
identification to trace a child, born after AID, to parental lineage. AID would
only be allowed for cases of infertility. It would forbid surrogate motherhood.
A paper on health promotion and education by S.A. Doxiadis is in IJB
3: 179-86. Medical education is discussed in Social Science & Medicine
33: 1163-70. The duty to attend upon the sick is the subject of an editorial in
JAMA
266: 2876-7, especially in regard to treatment of patients infected with HIV.
On bioethics in Turkey see BME
(Nov 1991), 13-17; in Rumania see IJB
3: 251-3 (in French); BME
(Oct 1991), 22-3; and in Czechoslovakia see BME
(Oct 1991), 21, 23-4. On the Soviet national bioethics committee see BME
(Oct 1991), 7. It was established by the Academy of Sciences, so maybe it will continue
as the Russian national bioethics committee. Also on general medical ethics see
CMAJ
145: 848. A review of Owsei Temkin, Hippocrates in a World of Pagans and Christians
(John Hopkins University Press 1991, 315pp., US$40) is in JAMA
266: 2761. A more practical book for today's medical issues is William F. May, The Patient's Ordeal
(Indiana University Press 1991, 218pp., $US25) is reviewed in JAMA
266: 2471-2. A statement by the AMA Council on Ethical and Judicial Affairs is "Sexual
misconduct in the practice of medicine", JAMA
266: 2741-5, which calls for education of these issues to students.
An outline of the U.K. Patient's charter is in BME
(Nov 1991), 8-9; BMJ
303: 1153, see also Lancet
338: 1199. Effective communication between doctor and patient is essential; M. Simpson
et al., "Doctor-patient communication: the Toronto consensus statement", BMJ
303: 1385-7. The role of ethicists in medicine is seen in the light of doctor-patient
communication in a book review in Lancet
338: 1325, see also NEJM
325: 1650-2. On informed consent see BMJ
303: 1138; Lancet
338: 1072; and on the right to know; BMJ
303: 937-8, 1271-2. Some early trials of patient access to their own psychiatric
records in the UK is reported in BMJ
303: 967. In Japan, there was a recent court case where a patient wanted to see
part of their medical record, and the court judged that they could see part of it;
Asahi Newspaper
(26 Dec 1991).
On the clinical trials of a drug tamoxifen, to treat breast cancer, in the U.K., see
BME
(Oct 1991), 3-5. Also on clinical trials see CMAJ
145: 1018-9; Lancet
338: 1151; NEJM
325: 1513-5.
. The medical profession is discussed in a book review in NEJM 325: 1256-7, and on
physicians and self-referral see JAMA
266: 2330, 2335. Practicing physicians have been found to often treat their own
family members; J. La Puma et al., "When physicians treat members of their own families.
Practices in a Community Hospital", NEJM
325: 1290-4
A summary of a Scottish Law Commission report on decisions and the mentally disabled
is in BME
(Oct 1991), 34-5. On an international study on this topic see CMAJ
145: 947-52.
Malpractice litigation is discussed in JAMA
266: 2087-92, 2856-60, 2886-91. In Britain two junior doctors have been convicted
of manslaughter for a mistake; BMJ
303: 1157, 1218.
Cheating in medical schools is said to be common; JAMA
266: 2453-6. On scientific ethics; see mention of the Gallo case in Science
254: 507; on David Baltimore's resignation from Rockefeller University; Science
254: 1447; Nature
354: 419-20; and on plagarism see Nature
354: 422.
Several publications in French from the Groupe de Recherche Ethos
, Universite du Quebec a Rimouski, 300 Allee des Ursulines, Rimouski, Quebec G5L 3A1,
Canada, are available, as well as a twice annual journal, Ethica.
The objectives of this group are interdisciplinary research about the ethics of
professions and social interactions, to partcipate in research and to diffuse the
results nationally and internationally, and education of MA students in ethics.
Two monographes are available, one on Incest, from the viewpoint of the law; L'inceste et le rapport a la Loi,
and another on an ages persons reception center; Intervenir, aupres des personnes agees en centres d'accueil.
The 1991 Bibliography of Bioethics
is available, for US$45 from The Kennedy Institute of Ethics, Georgetown University,
Washington DC 20057-1065, USA.
The draft law on bioethics in France will go through the Parliament in the spring
session, if the schedule is maintained; Biotechnology
10: 116. It includes protection of genetic privacy.
There are some points from the UK General Medical Councils guidelines on medical confidentiality
reproduced in the BME
(Dec 1991), 9-11.
A report on a 1991 eastern European conference on bioethics co-sponsored by the Hastings
Center is in the Hastings Center Report
(Nov 1991), 5-6.
On health trials and warnings about risks; Lancet
338 (1991), 1495-6. On informed consent when an investigation is interrupted see
Lancet
339: 51; and patient's rights in research; BMJ
303 (1991), 1498. On the general philosophical question of ends and means see A.
Gerwirth, "Can any final ends be rational", Ethics
102 (1991), 66-95. A review of Human Life in the Balance
is in JAMA
267: 431-2. The legal status of "dead patients" is discussed in Lancet
339: 173-4. On the quality of life, see several articles in Dispatches
2 (Spring 1992).
The quality of health care should be improved, and one way is to use new sources of
data; JAMA
266 (1991), 3429-32, 3433-8, 3472-3. Increasing the length of patient time in general
practice does improve health promotion according to a study reported; A. Wilson et
al., "Health promotion in the general practice consultation: a minute makes a difference", BMJ
304: 227-30. Alternative medicine has a role in medical care and this needs to be
considered; R.H. Murray & A.J. Rubel, "Physicians and healers - Unwitting partners
in health care", NEJM
326: 61-4. On professionalism in health care see JAMA
266: 3338.
On the problems of newly trained doctors from developing countries see Lancet
339: 110-1. In this case, his medical qualification was "de-recognised" by Indian
authorities, as can happen in Pakistan and Chile. It is usually in tit-for-tat response
to moves on not recognising national qualifications by other governments. In addition to such problems, the difference in facilities could also be a great contrast.
One could also add scientists to the type of specialists who may face very different
situations when they return to their home in developing countries after being trained
in industrialised countries.
Some further comments on the Gallo case, scientific misconduct, and the role of the
press are in Science
255: 10-12, Nature
355: 6-7.
New Books
(some others are mentioned in the text of the newsletter):
Social Protection on the Horizon 1992. Debate of experts,
ed. J.-C. Sailly et al., 208pp, ISBN 2-905972-23-8, FF231)
Le Diagnostic Antenatal. Quels Enjeux?,
(a multi-volume set);
From: Editions Alexandre Lacassagne
162 Avenue Lacassagne, 69003 Lyon, FRANCE
Medicine, Ethics and Law. Canadian and Polish Perspectives,
ed. D.J. Roy et al., 383pp., ISBN 2-9802538-0-4, CAN$23.50 + postage; Center for
Bioethics, Clinical Research Institute of Montreal, 110 Pine Avenue West, Montreal,
Quebec, Canada H2W 1R7.
Challenges in Medical Care,
ed. A. Grubb, 208pp., ISBN 0471931020, 25/US$53; John Wiley & Sons, Baffins Lane,
Chicester, West Sussex, PO19 1UD, England.
An
unethical breast cancer treatment trial
is being conducted in Japan, by a group of 25 surgeons from 19 large hospitals.
It began this year, and they intend to continue for two years, though hopefully ethical
committees will stop it. It involves different methods of treating breast cancer,
but the principle reason it is unethical is that the patients are not informed about
the alternatives but are randomly assigned to one method of treatment, so there is
no consent; Asahi newspaper
(26 April 1992), 17, (27 April 1992), 15. To date 10 patients have been involved, and it is
intended to involve 400 cases, randomly assigned to four methods. The options include
complete removal of the breast, and also cases where no radiotherapy is given. The
surgeons claim that Japanese cancer is different to Western cancer; presumably they
don't know about the many Japanese residents of the USA and other countries! Breast
cancer treatment in Japan tradionally uses complete removal of the breast rather
than targetted surgery, and it has become contentious only in the last year or so, when people
have begun to question medical practice more than before, and since people learnt
about informed consent.
In April there were several television programs on NHK in Japan looking at the uncovering
of the biological warfare experiments and
live human vivisection
conducted by Japanese researchers during World War II in Manchuria, China, at camps
like Unit 731. Some of the scientists are still alive, they were protected from
prosecution by the war crimes tribunal by American's in exchange for exclusive use
of the reports of the research. Actually, the Americans only learnt of the existence of
human vivisection trials following Soviet interrogation of Japanese soldiers who
worked at the research site in China, and the Soviet accusations were stalled by
the Americans who wanted to have the research results. Also, recent analysis of skulls buried
in Shinjuku, Tokyo, has found that they are from foreign Asians, whose bodies and
decapitated heads may have been used to practice brain surgery; Japan Times
(24 April 1992), 3. They skulls had holes drilled into their heads, probably after death.
Citizens protested against the original intention of immediate cremation of the
remains, so that the origins could be investigated. Several government departments
refused to examine the skulls, so that a private University examination was conducted.
The
ethics of biotechnology
is being debated in Europe, and a unified approach may be developed; Lancet
339: 483-4; Nature
356: 368; BMJ
304: 434-6. A convention is aimed to be ready by the end of 1993, based on adoption
of a number of principles. Europe is setting the world pace in such government based
directives, though we should remember that they are only part of what is needed to
develop bioethical consciousness.
On teaching medical ethics in
Germany
see comments on experience in BME
(Feb 1992), 13-15. Comments on Polish philosopher-physicians and a draft medical ethics
code in
Poland
is in BME
(Feb 1992), 22-4. The recent Polish physician's code (EEIN
2: 22) that outlawed abortion, also included permission of research on mentally ill
persons, children, and prisoners, without their consent, so the Polish courts need
to decide on its legality; NS
(7 March 1991), 13. It came into effect from May. A list of medical ethics publications
that have been sent to Eastern European Libraries to establish medical ethics collections
see BME
(Feb 1992), 16-21.
In
New Zealand
, a Human Rights Commission has found that medical authorities in Auckland took excessive
action in locking hospital wards for three weeks at Kingseat and Carington psychiatric
hospitals in May 1991, following the "escape" of two patients. Even voluntary patients were locked up, who should normally be allowed to leave at their own free
will; NZ Herald
(3 March 1991), 1.
A report on the ethical issues involved in the large multinational trial of the drug
Tamoxifen
against breast cancer is in BME
(Feb 1992), 29-33; NS
(29 Feb 1992), 5; NEJM
326: 852-6, 885-6. Many subjects in medical trials are white males, and this is
the subject of a paper by R. Dresser, "Wanted single, white male for medical research",
Hastings Center Report
(Jan/Feb 1992), 24-29; see also SA
(March 1991), 10-2. The UK MRC recommendations on research ethics using children and
mentally incapacitated persons are in BME
(March 1991), 8-10.
A new paradigm for medical care is called for in M.R. Greenlick, "Educating physicians
for population-based clinical practice", JAMA
267: 1645-8. A study suggesting that religion has a positive effect on health is
K.F. Ferraro & C.M. Albrecht-Jensen, "Does religion influence adult health?", J. Scientific Study of Religion
30 (1991). 193-202, 203-11. The January issue of the American J. of Sociology
Vol 97 (4), 909-1138, looks at new directions in the sociology of medicine. Marital
breakdown also can have adverse effects on health; BMJ
304: 457-8.
On European law and medicine and conflicting rules in EC member countries; BMJ
304: 700-3. The reasons behind malpractice suites in the USA have been examined
by contacting families who filed legal suits (with a 35% response rate); G.B. Hickson
et al., "Factors that prompted families to file medical malpractice claims following
perinatal injuries", JAMA
267: 1359-63. A book review of Medical Malpractice on Trial,
P.C. Weiler, is in NEJM
326: 844.
A paper questioning whether there can be
informed consent
is V. de Vahl Davis,"How informed is informed consent?", BME
(March 1991), 13-18; see also NEJM
326: 896-7; JAMA
267: 1118-9; G.J. Annas, "Changing the consent rules for desert storm", NEJM
326: 770-3; M. Drickamer & M.S. Lachs, "Should patients with Alzheimer's disease
be told their diagnosis?", NEJM
326: 947-51. On the rarity of medical students taking oaths in British Medical schools
see BME
(March 1991), 19-23. A general paper on bioethics is R.M. Sade, "The different drummer,
the double agent, and future dilemmas in bioethics", Annals of Thoracic Surgery
53: 183-90. An analysis of the way physician's treat their own families is in JAMA
267: 1810-2. The advantages of using telephone care for routine clinic follow-up
identified from a study in the USA is in JAMA
267: 1788-93. Physician's warnings about recovery from alcoholism treatment may
be associated with recovery from alcoholism; JAMA
267: 663-7.
The approaches that
ethics committee's
can take is discussed in D.C.Blake, "The hospital ethics committee. health care's
moral conscience or white elephant?", Hastings Center Report
(Jan/Feb 1992), 6-11. Ethics and clinical research in anaesthesia is discussed in Lancet
339: 337-8, and ethical emergencies in Lancet
339: 399.
On
ethics in government
and public administration see the Spring 1991 volume of Canadian Public Administration.
The NIH has formed a policy centre to look at research ethics; Nature
356: 367. The conflict of interest problems that scientists on review committees
face because of the large proportion of scientists with commercial interests, are
discussed in Nature
355: 751, 3. We can question where we can obtain neutral advice, and should impose
strict guidelines on chosing committee members.
As was reported in the last issue (EEIN
2: 40), an
unethical breast cancer treatment trial
was being conducted in Japan. They have changed the trial to make it more ethical
by informing the patients of the alternatives and then giving them the treatment
they chose. Related is a paper looking at the situation in the USA, A. Butler Nattinger
et al., "Geographic variation in the use of breast-conserving treatment for breast cancer",
NEJM
326: 1102-7; and a paper D.C. Farrow et al., "Geographic variation in the treatment
of localized breast cancer", NEJM
326: 1097-101. On the attempts by Japanese nurses to seek more status and recognition
see Japan Times
(25 June 1992), 17.
A new book suitable for a textbook on medical ethics is A. Campbell, G. Gillett and
G. Jones, Practical Medical Ethics
(Oxford University Press, 1992, 177pp.). The three authors are members of the Otago
University Biomedical Research Centre, New Zealand.
The variable performance of British research ethics committees has been reviewed in
a report by Rabii Julia Neuberger, reviewed in BME
(April 1992), 1, 3-5. A series of articles on medical ethics subjects in Eastern europe
is in BME
(May 1992). It is also suggested that ethics committees should have more power; Nature
356: 737. Explanatory comments on UK guidelines for local research ethics committees
are in BMJ
304: 1293-5; see also BMJ
304: 1129-30; Lancet
339: 935, 1106.
The ethics of physical restaints are discussed in In Keeping with the Trends
(June 1992). It is interesting and disturbing that in North America it is estimated that
550,000 adults are tied to their beds or wheel chairs every day in North America.
A retrospective review of health law is S.S. Fluss, "25 years of health law: a retrospective
from WHO", IJB
3: 15-23. It points out the successes of health law inpromoting people's well being,
and how useful it is to have international transfer of data about health legislation.
A recent charter on patient rights in the Basque region of Spain is in Int. Digest of Health Legislation
43: 84-92. The human rights abuses in Burma are discussed in Lancet
339: 1288-9.
Guidelines for physicians are under review in many countries as discussed in Lancet
339: 1197-8; a review of the 45th World Health Assembly is in Lancet
339: 1287. The diversity of ethics, even within the Council of Europe is discussed
in Lancet
339: 861-2, in the context of the moves to establish a bioethics convention. See
also NS
(11 April 1992), 46-7.
Different models of the doctor-patient relationship, the paternal, informative, interpretive
and deliberative, are discussed in E.J. Emmanuel & L.L. Emmanuel, "Four models of
the physician-patient relationship", JAMA
267: 2221-6. The perceptions of physicians by the public and in literature are discussed
in JRSM
85: 314-6. On medical ethics see: JAMA
267: 2256-7; 2819; NEJM
326: 1440-2. An editorial on the autopsy of former-President Kennedy is in JAMA
267: 2791, 2794-9. Letters on the relationship between physicians and "healrers"
are in NEJM
326: 1503-4.
Methods for making medical decisions for incompetent adults are discussed in JAMA
267: 2082-4; E.J. Emmanuel & L.L. Emmanuel, "Proxy decision making for incompetent
patients An ethical and empirical analysis", JAMA
267: 2067-71. On surrogate decision-makers see BMJ
304: 1060.
On the relationship between science and the soul, see comments in Nature
356: 729-30; 357: 29. A discussion of QALYs is in E. Nord, "Methods for quality
adjustment of life years", Social Science & Medicine
34: 559-69; and C.A. O'Boule et al., "Individual quality of life in patients undergoing
hip replacement", Lancet
339: 1088-91. Our concept of health is important and it may change as the population
ages; J. Showstack et al., "Health of the public The academic response", JAMA
267: 2497-502. Peer review of hospitals and medical care is discussed in JAMA
267: 2349-54.
On scientific ethics, another case of fraudulent data in scientific journals is reported
in Nature
357: 427, relating to a paper in Cell
((1991) 64: 1103, that was retracted in the 29 May issue of Cell
. The Gallo case may be over, with an NIH enquiry clearing Gallo of misconduct; but
the issue of patent rights for HIV tests is still unresolved, with the USA playing
very slow on the issue. France now claims to have complete rights to the royalties
from HIV tests, since French researchers discovered HIV; Chemical & Engineering News
(May 11), 37; Nature
357: 3-4; Science
256: 735-9, 955. Scientific misconduct is discussed in Nature
356: 730-1, 357: 7, and a recently approved bill in the US (The same one allowing
fetal tissue research funding) would force journals to follow misconduct rules, though
already most journals would retract papers if misconduct was found. A critical analysis of scientific misconduct is in The New Republic
(18 May 1992), 24-31.
The rules over financial ties of scientists and neutrality are being debated. It
is very important, especially in biotechnology where many scientists have commerical
links, that commercial neutrality is ensured. However, to what degree should this
go, in the NIH current rules are said to be too strict, but are awaiting new guidelines;
Nature
357: 180. related, the subject of physician ownership of medical facilities is discussed
in JAMA
267: 2366-9.
Informed consent in Japan:
a Tokyo District court has upheld a case brought against Tokyo University Medical
School involving informed consent; Yomiuri Shimbun
(1 Sept 1992), 30. The operation was a medical success, but the patient was not informed
of the chances of failure, and brought a case against the hospital. In what appear
to have been more serious cases two years ago, courts did not uphold informed consent. This could be an important case for Japanese medical practice, though it may still
be appealed.
The attitudes of Greek people to
truth telling
depends on the case, P. Dalla-Vorgia et al., "Attitudes of a Mediterranean population
to the truth-telling issue", JME
18: 67-74. A debate on lying is in JME
18: 49, 63-6. The way patients are told of cancer by their doctor needs to be sensitive,
as illustrated by the letter in BMJ
305: 62. A study on the way patient's react to making decisions is S.Legg England
& J. Evans, "Patients' choices and perceptions after an invitation to participate
in treatment decisions", SSM
34: 1217-25.
A criticism of the process of ethical review in human research trials is, P. Pettit,
"Instituting a research ethic: chilling and cautionary tales", Bioethics
6: 89-112. A study on why parents volunteer their children for research is S.C.
Harth et al., "The psychological profile of parents who volunteer their children
for clinical research: a controlled study", JME
18: 86-93. The establishment of a system to monitor health standards in the UK
is discussed in BME
(June 1992), 3-5.
A useful and substantial compilation of materials for research
ethics
committees
has been compiled by C.G. Foster of King's College London, Manual for Research Ethics Committees.
Articles on ethics committees appear in Cambridge Quarterly of Healthcare Ethics
1: 5-74. Criticism of the UK guidelines for ethics committees are in BMJ
304: 1696. One ethical dilemma of clinical trials is when to stop them, S.J. Pocock,
"When to stop a clinical trial", BMJ
305: 235-40. See also NEJM
327: 273-4.
A French law on medical research is discussed in C. Huriet, "The French Law on the
protection of persons participating in biomedical research: origins and history",
IDHL
43: 391-3. Comments on the Milazzo group by C. Byk are on p.393-7. On p.299-304
a Danish code of conduct is reproduced, in English, and on p.304-11, the Patients'
Rights Ordinance of Switzerland. The adopted recommendations on bioethics, autopsies
and drug abuse at the Council of Europe are in IDHL
43: 399-401. UN General Assembly principles on mental health policy are on p.413.
The April issue of the Journal of Medicine and Philosophy
is devoted to "Philosophical issues concerning psychiatric diagnosis". A special
issue of SSM
35 (1) is on "The cultural construction of diagnostic categories: The case of American
psychiatry".
A description of bioethics at Monash University in Australia by P. Singer is in IJB
3: 111-5. Descriptions of some ethics programs are in Ethically Speaking
1(2), 5-10. A description of the University of Toronto Centre for Bioethics is in
Humane Medicine
8: 219-24. Bioethics in Russia is discussed in HCR
(May-June 1992), 5-6.
General articles of interest to medical ethics appear in Humane Medicine
8 (July 1992), including G. Merikas, "Hippocrates: still a contemporary", Humane Medicine
8: 212-8; and JAMA
268: 354-5. Regarding confidentiality see BMJ
305: 140. Other papers: J.S. Horner, "Medical ethics and the public health", Public Health
106: 185-92; E.H. Loewy, "Suffering as a consideration in ethical decision making",
Cambridge Quarterly of Healthcare Ethics
2: 135-42; the July issue of Ethics
has a series of articles on pluralism. Some book reviews are in Ethics
102: 846-77, 891-3; SSM
34: 1299, 1425-7; IDHL
43: 424-33. Doctor's responses to domestic violence are the subject of papers in
JAMA
267: 3157-60, 3190-3, 3194-5. The supportive attitudes of physicians to some corporal
punishment are reported in JAMA
267: 3161-5. A call to reject death penalties is in BMJ
305: 381-2. Reports on torture and human rights abuses are in JAMA
268: 579-90; BMJ
305: 380-1.
In the
UK Appeals Court
, judges upheld the clinical judgement of a doctor who refused to put a brain damaged
16 month boy on a ventilator; BMJ
304: 1589; Lancet
339: 1472-3. However, the UK court of appeal also decided that a 16 year old could
be forcifully feed against her will, an anorexia nervosa case; BMJ
305: 76; Lancet
340: 108-9, 169-70. Also there is comment on forcing treatment on pregnant women.
The court also approved the enforced blood transfusion into a 20 year old women
who is a Jehovahs Witness; BMJ
305: 272; Lancet
340: 345. The retreat from Gillick in the UK is discussed in The Modern Law Review
55: 569-76.
A forum on the status of
nursing
in different countries is in World Health Forum
13: 1-9. Of relevance to medical students is S. Bewley, "The law, medical students,
and assault", BMJ
304: 1551-3.
A paper arguing that the mixing of scientific and ethical arguments can result in
some methodological errors in bioethics is in IJB
3: 121-3. An essay on the nature of practical ethics is in Ethically Speaking
1(2): 1-3.
Legal
trends in bioethics are discussed in J. Clinical Ethics
3: 83-7; JAMA
268: 98, 364-5. On no-fault compensation in the UK see JME
18: 59-60, and casuistry and heath care ethics see p.61-2. Legal discussions of causation
are in The Modern Law Review
55: 584-83. A new book is David B. Collins, Medical Law in New Zealand
(Wellington: Brooker & Friend 1992, 312pp.). On rights, C.M. Vazquez, "Treaty-based
rights and remedies of individuals", Columbia Law Review
92: 1082-163. Also on rights see BMJ 304: 1641. On Japan, D.H. Foote, "The benevolent
paternalism of Japanese Criminal Justice", California Law Review
80: 317-90.
The issue of
sexual abuse
of patients has been long hidden, but there are signs that discussion of the issue
is now possible - which should aid protection of the victims of it and development
of better awareness of the problems. A major report on the subject was released
on Nov. 25, 1991 by an Independent Task Force commissioned by The College of Physicians and
Surgeons of Ontario, and the College's address is 80 College Street, Toronto, Ontario
M5G 2E2, CANADA. A paper on a sexual contact survey is D. Wilbers et al., "Sexual
contact in the doctor-patient relationship in the Netherlands", BMJ
304: 1531-4, 1519-20. They compared gynaecologists and throat specialists, and 4%
of the doctors had had sexual contact with patients at some time. Related, see the
case of sedating a mentally retarded woman to conduct a pelvic examination; J. Clinical Ethics
3: 76-7.
The philosophy of 'alternative' or 'scientific' medicine is discussed in JRSM
85: 436-8; and on explanation of historical healing rituals see Lancet
340: 223-5. In this section I could mention a paper R.P. Bentall, "A proposal to
classify happiness as a psychiatric disorder", JME
18: 94-8. At least happiness is a disorder we can enjoy. Karl Popper is the subject
of a commentary in Nature
358: 363. A book review of M. Midgley, Science as Salvation: A Modern Myth and its Meaning
(Routledge 1992, 239pp., US$25) is in Nature
357: 550-1. How to make ethical investments is discussed in The Modern Law Review
55: 587-93.
On
scientific ethics
see P.J. Friedman, "Mistakes and fraud in medical research", Law, Medicine & Health Care
20: 17-25. A letter on physician self-referral is in NEJM
327: 58-9. The case of Gallo and the discovery of HIV is continuing to get comments
(see also the patent section); Lancet
339: 1594-5; Nature
358: 3; Science
257: 323. Another longer standing question of scientific ethics, the Baltimore and
Imanishi-Kari case, has been dropped from official investigation; Nature
358: 177; Science
257: 318. In Denmark a system to allow such investigations is underway; Lancet
340: 41. On the effects of military-funded research see Nature
358: 178-9. Conflicts of interest are featured in Science
257: 595, 616-25.
An Ontarian Government
Enquiry on Non-therapeutic Medical Procedures on Behalf of Mentally Incapable Individuals
is calling for contributions. A report is due this autumn. Send comments to: Prof.
D.N. Weisstub, Centre de Recherche, Universite de Montreal, Place du Canada, bureau
2260, Montreal, Quebec, H3B 2N2, CANADA.
Details on the International Association of Bioethics
from Mrs Kay Boyle, Centre for Human Bioethics, Monash University, Clayton, Victoria
3168, Australia (FAX Int+61-3-565-3279;
EMAIL: hub116e@vaxc.cc.monash.edu.au).
A new Master's level Bioethics program is being offered at McGill University. For
information, contact:
McGill Centre for Medicine, Ethics and Law
2020 University St., Suite 2410
Montreal, Quebec, CANADA
The teaching of bioethics in science classes in the USA is increasing, see Ag Bioethics Forum
June 1992, (address in announcements section). In Tsukuba, I am teaching some bioethics
in basic biology courses, it would be interesting to hear from others with similar
experience, or interested in introducing bioethics into science curriculum.
Medical ethics in Western countries has been very autonomy or
individual
centred. A call for more consideration of the family is J.L. Nelson, "Taking families
seriously", HCR
(July-Aug 1992), 22: 6-12. The problems of applying ethical theories to life are discussed
in C. Elliot, "Where ethics comes from and what to do about it", HCR
(July-Aug 1992), 22: 28-35. A study of how different cultures have different family
relationships is P.Moore Hines et al., "Intergenerational relationships across cultures",
J. Contemporary Human Services
(June 1993), 323-38. Papers on medical sociology are in SSM
35: 959-65; Mayo Clinic Proceedings
67: 876-8. A paper on whether we have rights is F.J. Leavitt, "Inalienable rights",
Philosophy
67: 115-8. Book reviews on the topic of suffering are in HCR
(Sept.-October), 22: 43-4.
Models of the
physician
-patient relationship are discussed in JAMA
268: 1410-3. A book review of Doctors, Patients, and the Law
is in Lancet
340: 777-8; and of The Great White Lie,
in JAMA
268: 924. On when to retire from practice is in Lancet
340: 776-7. An editorial on how and whether to assess clinical instability at discharge
is in JAMA
268: 1321-2. The attitudes of elderly patients to medical students is surveyed in
Medical Education
26: 360-3.
In
Japan
, Tsukuba University Medical Ethic's Committee has said it will respect the religious
choices of patients, and perform operations without blood transfusions for Jehovah's
Witnesses; Yomiuri Shimbun
(10 Sept 1992), 24. Kagoshima and Kyoto had earlier said that they would also do this.
An interesting "medical case" in Japan has lead to the suspension of a hospital
doctor in Fukuoka, who aided a
Yakusa
(Japanese mafia) in removing their finger; Yomiuri Shimbun (22 Sept 1992), 31. The small
finger is removed in a gangster ritual to request apology - but this gangster wanted
to do it under anaesthetic, and the doctor helped! The doctor said he was threatened, so he had to help.
The value of medical
education
, and the types of education are reviewed in a special issue of JAMA
(2 Sept 1992). The results of a trial on continuing medical education are positive,
D.A. Davis et al., "Evidence for the effectiveness of CME. A review of 50 randomized
controlled trials", JAMA
268: 1111-7. The role of the
media
in dessiminating research is generally supported by researchers in a survey in JAMA
268: 999-1003, 1026-7. The media can also influence clinical use of treatments,
see JAMA
268: 1004-7.
Nursing
ethics is discussed by E.W. Bernal, "The nurse as patient advocate", HCR
(July-Aug 1992), 22: 18-23. A model for nurses behaviour is discussed. The third
version of the UK Central Council for Nursing is reproduced in BME
(July-Aug 1992), 10-11. A call in Britain has been made for allocating a specific
nurse to each patient; BMJ
305: 603. The ethics of using open methods in sociology research are discussed in
Brit. J. Sociology
43: 321--32.
Several papers of interest to the question of
competent
patients and informed consent are in HCR
(March-April 1992), 56-9; HCR
(July-Aug 1992), 22: 24-5, 26-7; Dispatches
3 (1) (Autumn), 1-4. Discussion of two recent UK appeals court decisions (EEIN
2: 68), that make us ask who can refuse treatment is in BME
(Sept 1992), 18- 21. Guidelines on research with children are reported and extensively
discussed in BME
(July-Aug 1992), 13-28. Letters on the topic of whether the patient does know best
are in BMJ
305: 582-3.
Research ethics committees in
Germany
are discussed in BME
(July-Aug 1992), 40-44. Recently a clinical experiment involving keeping children
with asthma in a smoke-filled room was conducted without approval from an ethics
committee because the researcher said it was conditions like those found in ordinary
life, such as in a smoking car in a train, however, others say he should have obtained approval;
Lancet
340: 782.
The case of a British breast
cancer
treatment trial, that did not offer informed consent to women undergoing it, and
the legal support for paternalism, is discussed in R.H. Nicholson, "Paternalism no
problem", HCR
(March-April 1992), 4-5. In EEIN
2: 40, 52, a more recent unethical trial in Japan was discussed, which has subsequently
been altered to include informed consent. Breast cancer treatments are discussed
in AJPH
82: 1345-51; JAMA
268: 869-70. A book review relevant to ethical and legal issues in cancer research
is in BMJ
305: 722-3. A book review of The Crisis in Clinical Research: Overcoming Institutional Obstacles,
is in Nature
358: 722. The selection of people for
clinical trials
is discussed in J. H. Gurwitz et al., "The exclusion of the elderly and women from
clinical trials in acute myocardial infarction", JAMA
268: 1417-22, 1460-1; BMJ 305: 785-8. The exclusion of certain groups does limit
the generalisations that can be made from the results.
Comments on the inadequacies of the
Olympic
Committee's list of banned drugs, as many of them have no evidence of enhancing performance
but are only restoring health in medical use, is in BME
(July-Aug 1992), 3-7. On the issue of enhancement, a related problem arises with the
use of enhancement improving drugs in any realm of activity. The case of using propranolol
and the question of what is ethical enhancement is discussed by J. Slomka, "Playing with propranolol", HCR
(July-Aug 1992), 22: 13-7.
Teaching
of values in medical school curriculum at Harvard University are reported by J. Neuberger
in BME
(July-Aug 1992), 33-9. Methods to include ethics in the curriculum are reported in
JRSM
85: 594-7. Scientific fraud is discussed in the Australian McBride case in Medicine, Science and Law
32: 199-203. Methods for investigating scientific fraud in the USA are being introduced;
JAMA
268: 848.
A paper of possible interest in
psychology
is a study of 80 male confessed criminals in G.H. Dugjonsson & I . Bownes, "The reasons
why suspects confess during custodial interrogation: data for Northern Ireland",
Medicine, Science & Law
32: 204-12.
Copies of the Manual for Research Ethics Committees,
prepared by Claire Foster of King's College Centre of Medical Law and Ethics in London
are available for 20 including postage. From:: Centre of Medical Law and Ethics,
King's College London, Strand, London WC2R 2LS, U.K.
The proceedings of a meeting in Cape Town, South Africa, have been published for those
interested in issues in South Africa. Titled, Bioethics debates in a changing South Africa,
ed. S.R. Benatar, ISBN 0-7992-1384-5, 157pp., see the Bioethics Centre address below.
It includes papers on the topics of whether their is a right to health care, AIDS,
general medical ethics and teaching medical ethics.
The Ministry of Welfare, Health and Cultural Affairs of the Netherlands has issued
a report titled, Choices in Health Care,
ISBN 90-346-2840-X, 160pp. It was made by a Government Committee on Choices in Health
Care, and looks at the issues facing health care systems, particularly in the Netherlands.
For copies contact Ministry of Welfare, Health and Cultural Affairs, P.O. Box 5406, 2280 HK Rijswijk, The Netherlands.
A journal intending to promote creativity is R&D Innovator,
editor W.J. Brill, 4134 Cherokee Drive, Madison, WI 53711, USA.
A report from an Oslo conference on bioethics held in September is in HCR
22 (6), 5. It mentions inadequacies remaining in the discussion of academic subjects
among academics, or their representatives, in formerly communist countries, and proposes
that Western philosophers boycott next years' XIXth World Congress of Philosophy in Moscow.
The need for reestablishing trust between patient and physician is called for in papers
in Humane Medicine
8(4), 268-9, 286-93. The right kind of spirit of caring is discussed in p. 294-9.
A survey of problems that patients feel are appropriate to discuss with their physicians
in the U.K. is in JRSM
85: 669-73. The reliability of patient answers to questions about their treatment
is discussed in BMJ
305: 1109-10. A discussion of whether dentists or physicians should be called Dr.
or Mr. is in JRSM
85: 658-9. The need for global and interprofession solidarity in delivery of health
care is made in BMJ
305: 848.
Nursing
ethics is discussed in The Canadian Nurse
(Nov 1992), 16-21. A study and survey of the moral reasoning used by nurses, and other
health care professionals is in Nursing Research
41: 324-331. The teaching of medical ethics at Creighton University in the USA is
designed to make ethics a habit of thought; JAMA
268: 2349-50. Medical education and student selection in the UK is criticised in
BMJ
305: 1277-80, 1352-4.
A commentary by D. Macer, "The Far east of biological ethics", Nature
359: 770, looks at the similarities in attitudes of individual Japanese but at the
differences in applying ethics in
Japan
compared to some other countries. In a letter to the Yomiuri Shinbun,
the Vice President and former dean of the Medical School at the University of Tsukuba,
wrote that the views in the commentary were not those of the university. In Tsukuba
University there is a medical ethics committee which has been mentioned in past newsletters. They have just commenced a survey of 4,000 university staff on the acceptability
of proposed University guidelines for diagnosis of brain death and organ donation.
The results are expected early in 1993. The university is sensitive to the issue of organ transplantation following a legal case involving a pancreas and kidney transplant
7 years ago.
In Japan, a scandal has broken out following the arrest of several doctors including
one at Tokyo University Medical School . They are accused of accepting
bribes
from a cardiac pacemaker company to use a particular pacemaker. Because an endorsement
by Tokyo University is a signal to other Japanese hospitals that a product is good
this is regarded as a particularly serious case and will lessen trust in Japanese
doctors in general. It follows continual discussion of political bribe scandals, which
has resulted in very low confidence in the government.
A paper looking at Asian and Western ethical concepts and possible models to conduct
transcultural
biomedical research ethically is N.A. Christakis, "Ethics are local: engaging cross-cultural
variation in the ethics for clinical research", SSM
35: 1079-91. A review of Nigel M. de S. Cameron, The New medicine: Life and Death
after Hippocrates (Wheaton, Ill., Crossway Books 1992) is in Bioethics Research Notes
4: 31-2. A special issue of Social Science and Medicine
35 (11) is looking at building research capacity for health social sciences in developing
countries. Discussion of truth telling in
Italy
versus USA is in JAMA
268: 1661-2, 1734-5. Letters on informed consent in
Africa
are in NEJM
327: 1101-3; and in wartime see NEJM
327: 1096-8. The understandability of consent forms is discussed in BMJ
305: 1242, 1263-4, 1266-8, 1294.An essay on the practical basis of medical ethics
is B. Hoffmaster, "Can ethnography save the life of medical ethics?", SSM
35: 1421-31. Confidentiality and research is important, CMAJ
147: 1299. On confidentiality for lawyers; The Modern Law Review
55: 822-38.
A code of ethics for Occupational Health Professionals by an International Commission
is in BME
(Oct 1992), 7-11. In the UK protection is being given for "whistle-blowers", who make
important issues known to the authorities about incidents they see in the health
service; BMJ
305: 977, 1308-9, 1343-4; Lancet
340: 1277-8. A review of research ethics in eastern Europe by Z. Szawarski is in
BME
(Oct 1992), 13-8. An English text of the
Polish
Code of Medical Ethics is in BME
(Oct 1992), 19-25.
Several papers on the lessons from the infamous
Tuskegee
(Alabama, USA)
Syphilis
Study are in HCR
22 (6), 29-40. It is twenty years since that 1932-1972 ended. It was a study where
people were deliberately not treated for syphilis, as an experiment. In 1974 the
US implemented the National Research Act, which mandates institutional review board
approval of all federally funded human research protocols. The use of a mock trial to
make a difficult clinical decision is discused for children's marrow transplantation
in BMJ
305: 1284-7.
The ethical issue of physician referral to facilities they own is considered in several
research papers in JAMA
268: 2055-9; NEJM
327: 1497-501, 1502-6. On
self-referral
see also JAMA
268: 2561-2; NEJM
327: 1522-4. However, in
Japan
, the system of medical funding for drug use, and the physician-dispensing of drugs,
illustrate how self-referral and prescribing to make profit are common - and will
be so until the system is fundamentally changed so that physicians do not make profit
off selling medicines. Letters on the subject of gate-keeping, the possible role of
a physician in referrals to specialists or keeping medical expenditures down, are
in NEJM
327: 1532-3, 1241-2.
The role of medical journals in knowledge accumulation is the subject of a book review
in Science
258: 1382-3. On conflicts of interest in peer review see Nature
360: 205; and on acceptance of papers see NEJM
327: 1238. The media can be used in different ways for ethical and legal issues;
CMAJ
147: 1321-4.
The drug
tamoxifen
is being used in large trials as a study to attempt to lower breast cancer rates
in women; Lancet
340: 1143-7. There must be concerns about the safety of these trials, in an estimate
by R. Nicholson, BME
(Oct 1992), 6, he calculates there are 1.6 major side effects (Death, blindness...) per
10,000 woman years of use, while the trial is hoped to prevent 6.6 breast cancers
by each 10,000 woman years of use. On surgical approaches used in Japanese cancer
therapy, and a call for trials for rectal cancer therapy see Lancet
340: 1101. Robodoc performed the first robotic artificial hip operation in November,
in Sacramento, California; NS
(28 Nov 1992), 17. The robot was supervised by a human surgeon, and drilled the cavity
in the patient's femur for the new hip joint with precision. On the need to try
new methods of surgery to assess their safety NS
(7 Nov 1992), 12-3.
A bibliography of recent papers and publications on issues in law and mental health
is in a 12 page supplement (July 1992) to the International Bulletin of Law & Mental Health
3(2). A paper on how to obtain legal and ethical consent from children in research
is in Australian J. Social Issues
27: 194-208.
For a review of a new book on why there are more males in science than women see Science
258: 829-30. Gender disparities in alcohol treatment are described in JAMA
268: 1872-6. On sexual harassment see BMJ
305: 944-6; Obs. & Gyn.
80: 873-83. Various papers on minorities (in US terms!) in science are in Science
258 (13 Nov 1992), 1175-1237, 1087. On the role of scientists in American culture see
Science
258: 333-4. Book reviews on professions and medicine are in Amer. J. Sociology
98: 670-8; Science
258: 334-5. A discussion of the portrayal of the physician in religious writings
is in JRSM
85: 659-62. An interview with Sir Karl R. Popper is in SA
(Nov 1992), 20-1.
The Proceedings of the 3rd International Symposium for Bioethics
organized by the Institute of Medical Humanities, Kitasato University School of Medicine,
(contact: Prof. Koichi Bai, Institute of Medical Humanities, Kitasato University
School of Medicine, 1-15-1 Kitasato, Sagamihara, Kanagawa 228) has been published
including papers both in Japanese and English. It also includes papers from the 1st
and 2nd Symposium, in either English or Japanese depending on the speakers. 374pp.,
8,240, B4 size. It includes papers by well known North American bioethicists, A.M.
Capron, H.T. Englehardt, J.C. Fletcher, E.W. Keyserlingk, E.D. Pelligrino, S. Spicker
and L. Walters. The main audience is Japanese, because there are only two papers
by Japanese contributors in English.
Another recent Japanese publication is the Journal of Japan Association for Bioethics
(Contact Prof. Kazumasa Hoshino, Director, International Bioethics Research Center,
Kyoto Women's University, Higashiyamachi, Kyoto 605, JAPAN)). The 1992 volume, 92pp.,
2500, is in Japanese, with English summaries. A variety of papers are included.
A monthly journal trying to promote creativity is R&D Innovator,
editor W.J. Brill, 4134 Cherokee Drive, Madison, WI 53711, USA.
The names and subjects of recipients of the European biomedical ethics research grants
are in BME
(Dec 1992), 3-4. An editorial in the Communique
3 (Nov/Dec 92), 1-2 of the Canadian National Council on Bioethics in Human Research
calls for public participation in research ethics review. The issue includes other
information on research ethics and procedures in Canada.
A bibliography of publications on bioethics in
French
compiled by Gwen Terrenoire has been published. It also contains lists of bioethics
centres, and sources of information about bioethics, especially in France and also
in other countries. For details contact Gwen Terrenoire, Centre de Sociologie de
l'Ethique (EHESS et CNRS), 54 Bd Raspail 75270 Paris Cedex 06, FRANCE. The French Medical
Ethics
law
has been passed onto the Senate for voting; NS
(5 Dec 1992), 8. The possible creation of a European bioethics organisation is discussed
in Lancet
341: 169.
An English translation of the
Finnish
Act on Patient Rights is in BME
(Dec 1992), 8-11. Book reviews on the subject of patient rights are in JAMA
268 (1992), 3493-5; also on rights see Health & Social Work
17 (1992), 247-52. Letters on patient compliance are in BMJ
305 (1992), 1434. Criticism of the readibility of consent forms, following a US
study, is in D. E. Hammerschmidt, "Institutional Review Board (IRB) review lacks
impact on the readibility of consent forms for research", Amer. J. Med. Sciences
304 (1992), 348-51. Questions about children's ability to consent is in JME
18 (1992), 119-24. Other papers on informed consent include: MJA
157 (1992), 335-6, 336-8, 642; Nature
361: 102; JME
18 (1992), 135-7, 153-7; BMJ
306: 298-300.
A paper asking whether
psychiatric
patients know what is best for them is JRSM
86: 28-30. There is a scandal involving possible overdoses of drugs at mental hospitals
in the UK which are linked to 6 deaths; BMJ
306: 402-3. On the mothering skills of people with mental disease see BMJ
306: 348-9. In the UK mentally ill people are encouraged to enter the community,
and a call for noncompulsory treatment, but compulsory supervision is in BMJ
305 (1992), 1381-2, 1448-9, 306: 159-60. In New Zealand compulsory assessment of
people with mental disorders who might be a risk to others is now law; NZ Med. Association Newsletter
(8 Dec 1992), 9. Compulsory treatment for drug-dependent persons is argued for in
L.O. Gostin, "Compulsory treatment for drug-dependent persons: justifications for
a public health approach to drug dependency", Milbank Quarterly
69 (1992), 561-93. Book reviews on psychiatry are in NEJM
327 (1992), 1763-6.
Counseling
is discussed together with the results of a survey of U.K. counselors in BMJ
306: 2-3, 29-33, 390-1. An Australian study of verbal interactions in general practice
is in MJA
157 (1992), 677-82. The question, "How much ethics is needed to make a good doctor?",
is asked in Lancet
341: 161-3. Papers on the use of gender in health research, and on gender differences
in health are in a special issue of SSM
36 (1) 1-84; 36(4), iii-v, 393-402, 419-27. Sexuality in the doctor-patient relationship
is discussed in BMJ
305 (1992), 1375-6; JAMA
268 (1992), 3142, 46; and on expert psychiatric evidence in sexual misconduct cases
see AJLM
XVIII (1992), 171-201..
A report from the workings of the
Danish
National Research
Ethics Committee
is in BME
(Dec 1992), 13-6; and an English translation of the Danish law on research ethics is in
p. 24-7. Another report on the Danish Council of Ethics is in IJB
3 (1992), 258-61. The rules of the
Norwegian
National Committee for Medical Research Ethics are in BME
(Dec 1992), 28. The
UK
MRC advice on research ethics is in BME
(Dec 1992), 18-23. A statement from the
Luxembourg
National Ethics Committees on ethics and science and biotechnology in French is in
IJB
3 (1992), 262-5. Comments on Australian ethics committees are in MJA
157 (1992), 636-7. The SCOPE note 19 on ethics committees in hospitals is in Kennedy Institute of Ethics Journal
2 (1992), 285-306. The president-elect of World Medical Association had to stand
down, following allegations of Nazi war crimes; Lancet
341: 297.
A US study suggests that the best person to make
chairperson of a hosptial ethics committee
is a lower-ranked
non-physician
colleague with extensive bioethics training; HCR
23(1), 2. Unfortunately in Japan, and perhaps in many other countries, most ethics
committees are chaired by the head of the medical school. In the USA physicians
hold a majority in only one quarter of all committees, and these committees are less
successful than those with less physicians.
The NIH trials of growth hormone treatment of children have restarted, following a
review; Lancet
341: 299. The clinical trials of tamoxifen in healthy women are questioned in NEJM
327 (1992), 1596-7; Lancet
341: 343-4. Book reviews on clinical trials are in JAMA
269: 289-91.
In
Japan
, the family of a woman whose breast cancer was misdiagnosed has been awarded 39 million
Yen in compensation by a court; Yomuiri Shinbun
(19 Feb 1993), 31. An
Indian
debate over medical compensation is in Lancet
340 (1992), 1400. In Australia, the long held
Bolam
principle, that a doctor who followed general practice would not be guilty of misconduct,
has been overturned; Lancet
340: 1399. A paper reporting survey results from New York state is A.G. Lawthers
et al., "Physician's perceptions of the risk of being sued", J. Health Politics, Policy & Law
17 (1992), 463-82; see also p. 143-61. An editorial on no-fault compensation is
in JME
18 (1992): 59-60. In a rare UK case, the Privy Council has altered a penalty on
a doctor imposed by the General Medical Council; Lancet
341: 45. A survey finding high use of unconventional medicine in the USA is in NEJM
328: 246-52, 282-3.
A review of Howard Brody, The Healer's Power,
is in NEJM
328: 67. The position of medical associations towards capital punishment and treatment
of patients on death row is in Lancet
341: 209-10. A paper on the ethics of "ignorance" is in JME
18 (1992), 117-8, 34. A history of Jewish attitudes to nursing is in N.Y. State J. Medicine
92 (1992), 529-36. A series of papers on theology and bioethics are in a special
issue of J. Medicine & Philosophy
17(3), (1992), 263-364.
A paper encouraging cooperation in medical ethics in
Central
Europe
is in IJB
3 (1992), 229-35. The use of
electronic
roundtables for medical ethics is discussed in Kennedy Institute of Ethics Journal
2 (1992), 233-52; also on computers, MJA 157 (1992), 693-5. It may be also be more
environmentally friendly and cheaper than international conferences. Methods to
expand the number of people involved in bioethics
education
, in various settings, is assessed in HCR
23(1), 25-9. Survey results investigating the development of moral reasoning during
medical school training are in JME
18 (1992), 142-7, 148-52. Papers on education are in BMJ
305 (1992), 1409-11, 1449-50, 1482-5, 306: 284-5; JAMA
268 (1992), 3106. A critical comment on "Greed and the medical profession" is in
BMJ
306: 151, while an international comparison of physician's salaries is in Int. J. Health Services
22 (1992), 217-20.
The re-election of Dr Hiroshi Nakajima as director general of WHO was very controversial;
BMJ
306: 161, 289-90; NS
(30 Jan 1993), 6; Lancet
340 (1992), 1399; 341: 277-8. It included claims that Japan had put economic pressure
on third world countries to back his re-election, against the choice that Western
nations had.
In one of the major scientific misconduct cases of recent times, a Dept. of Health
and Human Sciences Report has concluded that Robert
Gallo
is guilty of misconduct for misrepresenting in a 1984 Science paper the work he had
done with a French isolate of the AIDS virus; Science
259: 168-70; BMJ
306: 161-2; NS
(9 Jan 1993), 7. They accuse Gallo of trying to mislead science, and at last the Pasteur
Institute should find more voices in the USA ready to withdraw the US claim to half
share in the patent on AIDS tests. On scientific fraud in general, NEJM
327 (1992), 1820-22; Science
258 (1992), 1503-4.
The US Congress
OTA
may soon release a report on Biomedical Ethics in U.S. Public Policy. The US Senate
has voted for the establishment of an Ethics Advisory Board (on 18 Feb 1993). It would
be appointed in the case that the president withheld funding , and its decision would
be binding. A more permanent board may also be established; HCR
23(2), 5.
A review of the 10 years of activity of the
French
national bioethics committee is in BME
(March 1993), 13-5. An outside review of the problems of paternalism and the role of
the Church in
Polish
medical ethics is in BME
(Feb 1993), 20-2. The role of medical ethics
consultants
in the USA is reviewed in HCR
23(2), 33-40. The proposed date for signing of the
European
Bioethics Convention of 1994, is said to be optimisitic in Lancet
341: 486.
A UK study of what factors affect the quality of informed
consent
is in BMJ
306: 885-90, 927-9. An editorial discussing the refusal by Jehovah's witnesses of
transfusions is in Amer. J. Med.
94: 117-9. On the quality of consent from mentally incapable see BMJ
306: 519, 606, 768-71; Lancet
341: 668. Papers on informed consent include: Bioethics News
12(2), 27-32.
Truth-telling
is discussed in In Keeping with the Trends
(Feb 1993), 1-2. Truth telling in
Japan
is discussed in Lancet
341: 467-8; and in general in JAMA
269: 988-9. Doctor-patient communication is discussed in JAMA
269: 776-80, 1012-7, 1164-5, 1253-4, 1282-4, 1667-8, 1788-90. Confidentiality is
a major concern of adolescents, as found in a US survey, and their concerns should
be protected; JAMA
269: 1404-7, 1420-4; NEJM
328: 1128-9; BMJ
306: 896b.
An editorial in Nature
361: 479, is titled "Soldiers as experimental animals". It discuses some of the
unethical US chemical weapon experiments. Papers on the ethics of clinical
research trials
include Lancet
341: 563-5, 790, 812-3. The ethics of research using children are reviewed in B.
Freedman et al., "In loco parentis, Minimal risk as an ethical threshold for research
upon children", HCR
23(2), 13-9. There are shorter reviews of the situation for children in research
in the UK (p. 20-1), Hungary (p. 21).
A historical review is E.D. Pellegrino, "The metamorphosis of medical ethics. A 30
year retrospective", JAMA
269: 1158-62. A series of papers on the use of principles in bioethics in making
decisions is in J. Med. & Phil.
17: 483-555; JME
18 (1992), 171-2. The issue of universal bioethics from an East German perspective
is discussed in BME
(Feb 1993), 28-30. Also on general bioethics see Bioethics News
12(2), 17-26; JME
18: 206-9.
An examination of constitutional rights is in Oxford J. Legal Studies
13: 51-78. The US Justice Department has ruled that doctors do not have to attend
executions; JAMA
269: 721-3; BMJ
306: 813.
Papers on the aim of doctors and medical standards are R.J. Blendon et al., "Physician's
perspectives on caring for patients in the United States, Canada, and West Germany",
NEJM
328: 1011-6; JRSM
86: 125-6; Lancet
341: 498-9; JAMA
269: 1681-2, 1655-60, a list of German's top 500 doctors, Lancet
341: 623. On medical education see BMJ
306: 648; NEJM
328: 934-9; Lancet
341: 743-4; U.S. News & World Report
(22 March 1993), 70-9. Sexual misconduct is discussed in BMJ
306: 113-4, 415, 881; CMAJ
148: 67-9.
India
is trying to stop the sale of places in medical schools to students; BMJ
306: 604-5. In
Japan
, such a practice, and the payment of large entrance fees for medical students, is
common in many private universities.
On the history of diseases and how the ideas have changed see a review of The Cambridge World History of Human Disease,
ed. K.F. Kiple (Cambridge Univ. Press 1993, 1,176pp., 75) in Nature
362: 675; and see also NEJM
328: 819-20. In
Japan
there have been
reductions
in the number of fatalities due to stroke (50%) and stomach cancer (30%) comparing
the 10 year period 1977-81, and 1987-91. The stroke fatality annual rate average
from 1987-91 was 99 per 10,000 and stomach cancer fatality rate was 50 per 10,000.
A report on Catholic hospitals in Canada is in CMAJ
148: 64-6. The role of religious beliefs in helping family members forgive is discussed
in J. Contemporary Human Services
(1993), 163-70. Book reviews on medical ethics are in Lancet
341: 478-9, 618-9; NEJM
328: 360-1, 363-4; Ethics
103: 616-20. Other general papers include BMJ
306: 527, 597-8; JAMA
269: 1485-6; Lancet
341: 746-7. A constructive theory of human behaviour is outlined in papers in Annals of the New York Academy of Sciences
661 (1992), 256-353.
The verdict of the UK body for governing doctors, the General Medical Council, has
been found subject to
law
courts; Lancet
341: 685. Normally it is left to deal with medical misconduct. On the situation
in Egypt see Lancet
341: 549-50. Papers on medical law include Oxford J. Legal Studies
13: 1-17; JAMA
269: 801, 923-4.
In court cases in
Japan
, a doctor was sentenced to two years jail for accepting
bribes
from a maker of pacemakers, and fined 21 million Yen. There are several cases involving
bribed doctors and pacemakers still in court. In Japan a woman patient died as the
result of being given type B blood instead of type O; Yomiuri Newspaper
(28 Feb 1993), 27. This is not such a rare case, last year a famous politician suffered
the same fate.
Dr William McBride, who reported the link between thalidomide and birth deformities,
has been found guilty of
scientific fraud
for publishing misleading or false reports, BMJ
306: 541; NS
(27 Feb 1993), 6; Lancet
341: 550. On the issue of fraud in research; Lancet
341: 678; JAMA
269: 895-7, 915-7; Science
259: 592-3, 1117. Gallo has appealed the misconduct verdict for his role in HIV
discovery (EEIN
3: 26); JAMA
269: 723.
A special issue of the journal Bioethics
7 (2/3): 97-285 (April ) includes 19 papers from the
International Association of Bioethics inaugural congress
held in late 1992. It includes papers on many topics, and includes several papers
discussing bioethics in developing countries. Rather than listing all the papers
in each section all readers should see for themselves!
A general report by J. Miller of the First Round Table of Ethics Committees, held
in Madrid, Spain, 24-25 March, is in IJB
4: 26-9. The moral responsibilities of
research ethics committees
are drawn in Dispatches
3(3), 10-12. A 13 page supplement on ethics committees is in Bioethics News
12 (3). A new national bioethics committee will be formed in New Zealand, called
the National Advisory Committee on Health and Disability Ethics; Otago University
Bioethics Research Centre Newsletter
2(2), 15. It will consider both research and clinical ethics, and New Zealand joins
the countries that have a national bioethics committee. Currently there is a transition
body.
A
Jehovah's Witness
refused a blood transfusion at
Tokyo
Women's University Hospital for an operation to remove a liver tumour, and the hospital
agreed. However, during the operation they used a blood transfusion, and a court
case is being brought by her for the anguish; Yomiuri Shinbun
(15 June 1993), 31. This is the first case in Japan for a court case. A new
Japanese
report on the Biomedical Ethics Project at Hokkaido University (171pp., April 1993,
in Japanese) has been released. For details contact Prof. Kunihiko Shoji Hokkaido
University, Faculty of Law, Kita-ku, kita 9, Nishi 6, Sapporo 060, JAPAN. Informed
consent appears to be rising in Japan, with more doctors informing patients if they have
a terminal disease; Lancet
341: 1141; SSM
36: 1151-9.
A paper on the role of
family
in medical decision-making, with a US viewpoint is HCR
23(3), 6-13. There is a need for families to be involved, but how to balance this
against autonomy. Also on autonomy and informing patients see papers in Bioethics News
12 (3): 31-6, 46-8; Pediatrics
91: 832-4; NEJM
328: 1348-9. The issues of sick chaildren and ethical decision-making are discussed
in Humane Medicine
9: 131-40. On "rights" see Phil. & Phenomenological Research
LIII: 181-94; Thomist
57(1): 97-121.
The publication of a list of doctors, surgeons, and their success rates for surgery,
and death rate, and costs, in the USA is to be encouraged if it provides
open
information to consumers; Lancet
341: 1183-4. It was featured recently on Japanese television, being in contrast
to the information given now. It also allows surgeons to improve themselves. A
paper on how people can cope with uncertainty of today's medicine is in Humane Medicine
9: 109-20.
Papers on ethical dilemmas of treating incompetent elderly patients are in HCR
23(3), 14-7, 18-9, 19-27; and from the UK Law Commission,BME
(May 1993), 33-6. In the UK a new law on consent and mental incapacity has been proposed;
Lancet
341: 1123-4, 1143-4; BMJ
306: 1226. The question can children withhold consent is answered "yes" in BMJ
306: 1459-61. General papers on medicine include a special edition of SA. On ethical
issues for medical students; Academic Medicine
68: 249-54; and on teaching communication skills, BMJ
306: 1322-7.
The right to refuse psychotic drugs is debated in The Canadian Nurse
(May 1993), 27-9. A paper on ethics and psychiatry in Romania is in BME
(May 1993), 13-6. On a extreme case of psychiatric abuse resulting to suicide see BMJ
306: 1500-1.
A comparison of Polish and Danish doctor's attitudes to
capital
punishment
is in BME
(May 1993), 17-24. More Polish doctors approved than Danes. In Japan an opinion survey
shows general support for keeping the death penalty; Yomiuri Shinbun
(1 June 1993), 2. On human rights abuses in Egypt; Lancet
341: 1085; Syria, BMJ
306: 1089. War and health damage in Bosnia is discussed in Lancet
341: 1193-6.
Letters on the use of
Hippocrates
in medical ethics are in Humane Medicine
9: 159-62; World Health Forum
14: 105+. A Japanese translation of Jean Bernard, De La Biologie a Ethique,
has been released in book shops in Japan, translated by N. Fujiki. The problem of
self-referral
is discussed in BMJ
306: 1083-4; NEJM
328: 1274-8; Nature
363: 663.
The French bioethics
law
is undergoing a major rewriting, NS (22 May 1993), 9. A summary of
English
law regarding the refusal of medical treatment by
pregnant
women by A. Grubb is in Dispatches
3(3), 1-4. Also on law and ethics see The Canadian Nurse
(May 1993), 39-40; BMJ
306: 1348.
The new
New Zealand Privacy Act
and changes to Health information are reviewed in Otago University Bioethics Research
Centre Newsletter
2(2), 8-11.
A description of the Institute for International
Sport
is in Insights on Global Ethics
(June 1993), 6, 8. They encourage sporting ethics, and suggest that this may be one way
to introduce good ethics into community and international relationships. On the
topic of Olympic spirit and medical health see Humane Medicine
9: 141-5.
Scientific misconduct
is discussed in Science
260: 1714-5; NS
(8 May 1993), 42-3; Lancet
341: 1204-5; Science
260: 1073-4; JAMA
269: 2782-4; NEJM
328: 1610-5; 1634-6.
Bioethics Centres - Lists
In past issues of the newsletter addresses of some have already been given. The Kennedy Institute of Ethics is soon to publish an updated list of world bioethics
centres.
UNESCO has published a World Directory of academic research groups in science ethics,
as No. 73 in the series Science Policy studies and documents. For more information
contact J.C. Mba-Nze, prgramme Specialist, Information and Data Base Unit, SC/IDB,
UNESCO, 7 place de Fontenoy, 75700 Paris, France. It was published in May 1993,
and contains 249 research groups. More could be added to the list, but it is a very useful
list, with 56 of the groups being in the USA, and others throughout the world. This
makes it especially useful as an international document.
Several additional documents have been issued as supplements to the Research Ethics
Committee materials produced from Mrs Claire Foster, Centre for Medical Law and Ethics,
King's College, London, U.K. They include new MRC ethics booklets and various new
papers to update the existing files. The working report from the Central Ethical
Commission of the Czech Republic is in IJB
4: 156-8.
The
Australian
court decision that overturned the Bolam principle is discussed in BME
(June 1993), 4. The court ruled that it was not up to the doctor or medical profession
to determine how much information was appropriate, if the patient required more.
In
New Zealand
several discussion papers have been produced on health values, including Ethical Issues in Defining Core Services,
and The Best of Health.
They call for discussion of the issues. The background discussion papers were prepared
by A.V. Campbell & G. Gillett, and D. Seedhouse. Contact the National Advisory Committee
on Core Health and Disability Support Services, Ministry of health, P.O. Box 5013, Wellington, New Zealand. Discussion will continue for about 12 months to establish
a new framework. Please note that the NZ health care delivery system and organization
underwent a major change in July this year, and political changes could affect future policy; there is an election in November 1993. The function of the committee
is to advise the Minister of Health what services people should expect to receive
under health care, considering ethical aspects. On human rights, see JAMA
270: 640-4.
In the 1992 Bill of
Rights
in New Zealand is a very strong clause, that all people have the right to refuse
medical treatment. Also patients can see all medical records about themselves.
The Euthanasia Society has distributed advance directives which should be legally
valid, considering the Bill of Rights, despite the contrary opinion of the minister of justice.
Refusal of treatment is also established in case law in Canada and the UK. Further
legal clarification is desired by doctors, especially in cases where the families
may have a different view to that expressed in the directive by the patient.
A new book is Ruth MacKlin, Enemies of Patients
(Oxford Univ. Press 1993, US$25). She looks at how third parties are interfering
with the doctor-patient relationship. The additional parties in Ontario are discussed
in SSM
37: 129-38. Another intruder may be excessive technology, on technological follies
see JAMA
269: 3030-2, 270: 765.
On patient
decision making
see JAMA
270: 72-6, 160-2, 708-10; on patient views of outpatient clinic visits,pp. 835-40.
Since 8 Sept. 1992 the International Covenant on Civil and Political
Rights
has been in force in the USA. It is now in force in over 110 countries, a legal
discussion is in Human Rights Law J.
14: 77-83, 123-31. Health and human rights are discussed in JAMA
270: 553, 554-60, 565. A summary of an April meeting, "Beyond autonomy" is in Hospital Ethics
(Jul/Aug 1993), 6-8. Also on beyond autonomy, in a specific case, NEJM
329: 354-7.
Informed
consent
is legally recognised in Australia, MJA
159: 25-7. The UK situation (observed) for patient participation in decision-making
in general surgery is surveyed in Sociol. Health & Illness
15: 315-36. Patient satisfaction with communication in surgery is surveyed in SSM
37: 591-602. General ethics and clinical practice guidelines are discussed in CMAJ
148: 1133-7, 1459-62. A Canadian case of a refusal of blood transfusion for a child
in a Jehovah's witness family is in Human Rights Law J.
14: 112-23. A call for replacement of the term non-compliant patient with
non-compliant doctor
is made in JME
19: 108-10.
C. Goodey, "Social history, the disabled and consent", BME
(June 1993), 13-8; A. Etherington, "Consent and self-advocacy", BME
(June 1993), 19; M. Oliver, "What kind of society are we expected to consent to?", BME
(June 1993), 20-4. In the USA only New York and Missouri have specific laws to say that
family members cannot make decisions for patients without capacity, Hospital Ethics
(May 1993), 14-6. On mental incapacity see Lancet
342: 52-3; children's consent, BMJ
307: 260-1; consent to make consultation videos, BMJ
307: 348.
Papers on biomedical ethics in
Europe
and the bioethics convention are in JME
19: 3-4, 5-6, 7-12, 13-16. Reforms to the
Japanese
health care system are discussed in BMJ
307: 343; and a critique is K. Imamura, "A critical look at health research in Japan",
Lancet
342: 279-82; see also p. 309. On health financing for the elderly in Japan, SSM
37: 343-53. A recent meeting on Jewish medical ethics was held in
Israel
, BMJ
307: 404.
Other comments on medical ethics include NS
(26 June 1993), 41; JAMA
270: 153-4, 202-3, 520-6, 577-8. Medical practice and guidelines are discussed in
BMJ
307: 218, 313-7. A new
code
of medical ethics in Italy, is in IDHL
44: 353-4; and an "International Code of Ethics for Occupational Health Professionals",
is in IDHL
44: 354-9. Clinical trials are discussed in BMJ
306: 1706-7; MJA
158: 656-7; JAMA
270: 459-64; and on the need to include women in trials, NEJM
329: 288-96.
A review of the SCOPE notes and bioethics information resources is in Humane Medicine
9: 220-2. A journal including some English papers but mainly Japanese is the Journal of Health Care, medicine and Community,
No. 3, published in June 1993. If interested contact Prof. Shinryo N. Shinagawa,
Institute on Public Issues Relating to Health Care and medicine, Fujimo-cho 32-3,
Hirosaki 036, JAPAN. The teaching of ethics at the University of Sydney is reported
in MJA
159: 33-6. The need for scientists and surgeons to have ethics training is put in
NS
(26 June 1993), 45-6.
A discussion of saving lives for rescuers is E. Rakowski, "Taking and saving lives",
Columbia Law Review
93: 1063-1156.
Sexual
harrassment is discussed in CMAJ
148: 1797-8; Science
261: 408-12; and a study of sexual abuse by physicians in Manitoba, Canada, is in
CMAJ
148: 815-6. Some women's health issues are in NEJM
329: 271-2, 478-82. On the link between literacy and health, CMAJ
148: 1201-3. Medicine in prison is discussed in Lancet
341: 1656-7; BMJ
307: 258; JAMA
270: 365-8, 606-11.
Some
legal
issues of computer mistakes in health systems are raised in CMAJ
148: 2034-5. A call for computer network ethics is in Science
261: 632, and a conference will be held in December in California. Malpractice insurance
is discussed in New York, BMJ
307: 283; and Ireland, Lancet
342: 295. A remedy for malpractice suits of talking and listening to patients is
suggested in West J. Med.
158: 268-72. General news in medical law is in JAMA
270: 225-6.
Scientific Ethics
This is a new section, in the past papers were added to the end of the General Medical
Ethics section, but the topic is getting discussed much more these days, so a separate
section is justified. One wonders whether greater discussion is because of more
fraud happening or more notice is being made of it. Probably both. One Day Science and Ethics Workshops
were held in
New Zealand
in four cities in August, in which I participated. The response to these workshops
was enthusiastic and active, and a full paper will be published in a forthcoming
book by the Eubios Ethics Institute early in 1994.
The US Supreme Court has clarified some rules on the use of
scientific evidence
, making judges responsible to ensure the evidence is reliable, not just a suitable
topic; Nature
364: 94; Science
261: 22; JAMA
270: 423. In the
UK
also, the Royal Commission on Criminal Justice is also changing the way scientific
evidence is used; Nature
364: 178. In several recent cases judges have ordered the sharing of confidential
data, which is upsetting some scientists and may, more importantly, conflict with
confidentiality ethics; Science
261: 284-6.
The Australian doctor, S.E.
McBride
, who exposed the dangers of thalidomide, has been struck off the NSW medical registrar
in response to the fraud tribunals report, Time
(16 Aug 1993), 45; BMJ
307: 404; Lancet
342: 361-2. He added imaginary results to his study of a morning sickness drug,
Debendox, which resulted in it being drawn off the market. It was probably safer
than many of the alternatives available. Scientific fraud is discussed in JAMA
269: 3105-6, 3160; Newsweek
(26 July 1993), 52; Science
260: 1714-5, 261: 148-9, 183, 631; BMJ
307: 271; FASEB J
7: 723-4; Lancet
342: 235.
Financial conflicts of interest are discussed in NEJM
329: 570-1, 573-6; Science
261: 11, 289. Issues in medical authorship and values are discussed in SSM
37: 521-30; and accountability in JAMA
270: 495-6. Asking the question whether a study is worth doing is something that
scientists should all do; Lancet
342: 221-3; and bad science in Nature
364: 497. Two opposing views of the NIH funding mechanisms are in Science
261: 16-7, 112-3; and also on peer review reform, Nature
364: 183-4; Lancet
342: 315-6. Bias is discussed in Lancet
342: 286-8; and competition in Nature
364: 665. Speaking out may also be considered unethical in some quarters, Science
260: 1861, but openness is generally to be commended.
A proposal for
international action on human rights
is M.A. Grodin et al., "Medicine and human rights. A proposal for International Action",
HCR
23(4), 8-12. They call for universal medical ethics and an international medical
tribunal to consider issues and problems. On cultural issues and medical practice
see HCR
23(4), 15-7. A general paper on Japanese society and bioethics is D. Macer, "What
can bioethics offer to Japanese Culture?", Nichibunken Newsletter
(Aug 1993), 3-6 (I can send copies if requested). Also on ethics in Japan see a paper
in Global Ethics
3 (10), 1, 4-5, looking at the views of Rev. Shojun Bando. A conference report on
the International Association of Law, Ethics and Science Colloquy on Bioethics and
Cultures in Budapest, Dec 1992, is in IDHL
44: 517-20. A book review of Regional Developments in Bioethics: 1989-1991
is in IDHL
44: 556-8. Cultural issues in the mixed US population are reviewed in Amer. J. Medical Sciences
306: 160-6.
The legal trends in i
nformed consent
cases and standards in the USA are reviewed by A.M. Capron in HCR
23(4), 13-4. A paper on maintaining integrity in the doctor-patient relationship
is in Bioethics
7(4): 289-314. On children's consent see Bioethics News
12(4), 24-32. Parent participation in case conferences is debated in Archives of Diseases in Childhood
69: 455-8. Family-doctor relationships are discussed in JAMA
270: 1426-7, 1606-7.
Letters on how patient's should be encouraged to voice their concerns, and on how
to provide an opportunity for this, are JAMA
270: 1195-6. A methodological paper on patient satisfaction with communication in
general surgery is in SSM
37: 591-602.
The
French
national bioethics advisory committee has recommended changes in the laws on medical
confidentiality, data protection, and free and informed consent to enable psychological
research to be conducted without making the subjects biased in responses; Nature
365: 597. They recommended the establishment of "Consultative Committees for the
Protection of Persons in Behavioural Research", which will judge what information
can be withheld from the subjects until after the research. The also suggest the
disclosure of some data to the researchers can be justified, also that the results be released
to the subjects after the research. A paper on the use of secret videos during consultation
to diagnose Munchausen syndrome is in BMJ
307: 611-3.
A
national commission
on biomedical ethics is called for in a recent
OTA
report in the USA, Biomedical Ethics in U.S. Public Policy
(OTA-BP-BBS-105, June 1993, 92pp), in addition to several papers and numerous unofficial
discussions. The report by the Office of Technology Assessment reviews efforts in
the past in the USA with lessons that they give that may aid the establishment of
a new forum, and also briefly reviews the situation world-wide, which is also interesting.
It is to be recommended given the number of ethical issues, and the problems of
applying rigid law to grey problems. Comments are in HCR
23(4), 5; Nature
365: 687.
The
American Association of Bioethics
was voted into existence on the 25 March 1993. The inaugural meeting will take place
in 1994. The members of the board and aims are reported in HCR
23(4), 2. Another new society is the
Latinoamerican Federation of Bioethics,
contact the president, Alfonso Llano-Escobar, Carrera 10, No. 65-48, Santafe de Bogota,
Columbia (Fax 571-3105163).
On the general value of being
alive
see G. Meilaender, "Terra es animata. On having a life", HCR
23(4), 25-32.
Truth-telling
is discussed in NEJM
329: 815. Non-compliance and prejudice is discussed in Lancet
342: 909-13. A review of two recent bioethics journals is in JAMA
270: 1255. Papers on ethics n general practice include O&G
82: 603-4; NEJM
329: 1048.
A review of recent FDA guidelines on
women
in clinical trials is in JAMA
270: 1290, 1521. Also on clinical trials, Lancet
342: 653-7, 877-8.
Sexism
is discussed in Lancet
342: 627-8; NEJM
329: 661-3; BMJ
307: 500. A review is S.H. Johnson, "Judicial review of disciplinary action for
sexual misconduct in the Practice of Medicine", JAMA
270: 1596-600. The ethical issues in castration of sexual offenders who wish it
as an alternative to prison are debated in BMJ
307: 790-3.
A woman whose fetus was removed though she only consented to a hysterectomy is suing
the surgeon, BMJ
307: 754-5. An error in radiotherapy in the
UK
in 1982 has been disclosed which may have caused 492 patients to suffer ill effects,
BMJ
307: 888. So far, 401 of them have died. The error resulted in underdoses being
given to these patients. Another UK legal case, of laparoscopy is discussed in Lancet
342: 674.
In
Switzerland
a doctor has been found guilty of
homicide
by negligence, Lancet
342: 610. The doctor perforated the patient's lung during an operation.
A review of G.J. Annas, The Law of American Bioethics
(Oxford University Press 1993, 291pp., US$25) is in Lancet
342: 853. It asks why the law has been so important in guiding the debate in the
USA on many issues. A paper on the state dominance in medical decisions in Ontario
is SSM
37: 841-50. A recent statute on ethical responsibility in Ontario is in IDHL
44: 453-7.
A review of P.M. McNeill, The Ethics and Politics of Human Experimentation
(Cambridge University Press 1993, 315pp., US$60) is in Lancet
342: 794-5. The UK MRC guidance on human experimentation from Nov. 1992 is in IDHL
44: 516-7. A charter on patient rights and duties of San Marino is in IDHL
44: 457-8.
Scientific Ethics
A related topic to my July editorial on ethical bioethicists is a comment the editor
of the Bulletin of Medical Ethics,
Dr R. Nicholson, made about the morality of Israel and the World Congress of Medical
Law to be held next Sept. there. Following his criticism of Israel's human rights
record, many Zionist letters were received, BME
(Sept 1993), 2. Let us hope the Palestinian-Israel recognition brings peace to the region
and more general recognition of human rights by all involved. The issue of hypocrisy
is difficult to address, and many countries and organizations who have problems in
"practical ethics" hold ethics conferences.
Book reviews on the issue of scientific
fraud
are in American Scientist
81: 380-2; BMJ
307: 572, see also JAMA
270: 1286; Science
261: 1661. The US case of alleged fraud in the AIDS vaccine trial by the US Army
has resulted in a "innocent" decision by the committee, Science
261: 824-5. The activities of the American Association for the Advancement of Science
in social issues are in Science
261: 1190-1. Fraud in
medical
cost claims is also quite common, Lancet
342: 670; NEJM
329: 892-4. On whistle-blowing see BMJ
307: 667-70.
A few US universities have set up
misconduct
investigation procedures which seem to work, and they encourage others to join them,
Science
261: 1108-1111. A review of the Dingell hearings on misconduct by B. Healy is in
NEJM
329: 725-8, see also p.732-4. Authorship is discussed in J.Z. Segal, "Strategies
of influence in medical authorship", SSM
37: 521-30. The responsibilities of reviewers are mentioned in O&G
82: 464. Intellectual property is discussed in Nature
365: 384.
Conferences (updated from last list):
For those with Email contact: Russell L. McIntyre, Th.D., UMDNJ-Robert Wood Johnson
Medical School, 675 Hoes Lane, Piscataway, NJ 08854, USA. Tel. (908) 235-4549. Fax:
(908) 235-4549; EMail rmcintyr@umdnj.edu; issues a conference list which is updated
every 2 weeks.
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