Making the decision, and evidencing it
A structured process, because unstructured ethical reasoning under pressure is unreliable.
Most ethical failures are not the product of bad character. They are the product of a decision made alone, under time pressure, that seemed reasonable in isolation. A structured process slows the decision down and creates a record showing that you reasoned rather than reacted.
- 1Identify the problem, and separate the ethical question from the clinical and the practical.
- 2Identify who is affected and what each stakeholder’s interests are — including people not in the room.
- 3Consult the relevant code, statute, regulation and guidance, by specific section.
- 4Identify which principles are in tension.
- 5Generate at least three courses of action, including the one you are inclined to dismiss.
- 6Consider the consequences of each, for each stakeholder.
- 7Consult. Always, and document it.
- 8Decide, act, document the reasoning, and set a point to review the outcome.
Three tests
- The publicity test
- Would you be comfortable with this decision and its reasoning being read by a colleague, by your regulator, and by the patient?
- The universalisability test
- Would you consider this the right decision for any clinician in this situation, or are you making an exception for yourself?
- The justice test
- Would you make the same decision for a patient of a different class, race, gender or diagnosis?