Ethicians, ethicists and the goals of clinical ethics consultation

Abstract

We believe that clinical ethics consultation (CEC) has as its goal the delivery of healthcare in a manner consistent with the moral rules and the moral ideals. Towards this end, CEC pursues the instrumental ends of clarifying the limits of acceptable ethical disagreement and facilitating a choice among ethically acceptable alternatives. In pursuing these ends, healthcare ethics consultation (HEC) and CEC services confront three broad categories of questions; 1) questions of professional duty; 2) questions of law; and 3) questions of general morality. Professional duty questions concern what has been referred to as the “internal morality of medicine”, and include questions such as the medical legitimacy of the goal(s) being pursued, or the acceptability of the means being employed.

Questions of law concern themselves with what the law requires, permits or prohibits.

Questions of general morality include all those not falling within the scope of the above categories.

We submit that this has implications for the organization and structure of consultation services and HEC and for the methodology and processes employed in CEC. Thus:

• 1. Questions of professional duty should be addressed only by physician members (whom we would distinguish by employing the term “ethicians”) of the HEC or CEC service. The only role for non-ethicians under these circumstances would be in helping to resolve disagreements between/among professionals;

• 2. questions of law, in contrast, should be addressed only by the attorney member(s) of the HEC or CEC service;

• 3. questions of general morality may be addressed by the entire membership of the HEC or CEC service.