For many years, the medical journal The Lancet carried a short column called “In England Now”. It would contain a snapshot of some aspect of life. One memorable example – Dr No can’t trace the original – cut to the core of the difference between law and medicine. Law, it said, was easy – all legal problems are man made and can be dealt with at leisure. Medicine, on the other hand, was hard – it had to deal, in real time, with all-comers, some of which came from distinctly dark places.
Much of the same could be said about real-world medicine, and it’s ivory tower cousin, medical ethics, a discipline which manages to combine the clarity of dumplings with the utility of a rubber carving knife.
A Mr Iain Brassington, an FLK from Manchester’s School of Law, describes himself as a Lecturer in Bioethics, with special interests that include autonomy and euthanasia. He has recently posted on the BMJ’s Journal of Medical Ethics blog, and it makes interesting – in the Chinese sense that is – reading.
Mr B (note the use of the extra “i” in his first name, which is often a letter too far, even if one of the commentators on the blog lops off an “e”, which could be a letter too short) writes in a curious street-kid-cred style that is nonetheless injected with ballooning clouds of philosophical thoughts, unfortunately interrupted by words that are no doubt meant to be cool, but which somehow never quite hit the spot.
He kicks off with the title: “Can Saving a Life be the Wrong Thing to Do?” This is the kind of Important Question that bioethicists like to ask; and to which even medical students know the answer – as Dr No has said before, he was taught at medical school that his duty was to save life, but not to strive officiously to keep alive. There is a time for life; and a time for death.
The post is of course about KW, and the decision by the doctors caring for her to allow her to die. Mr B, who it would seem, from what he has said, has not spent much time with patients, let alone actively suicidal patients in casualty, but who has, no doubt, spent much time cloistered away in ivory towers, which might explain his complexion, nonetheless manages to display some pretty reckless thinking on the matter.
At one point he opines: “there’s no reason to think that, at the time, she was in any way incompetent or mentally ill”. Now, apart from the blatant disconnect from reality – KW was a woman with both depression and a personality disorder, and who had already made numerous attempts, some of them recent, on her life (so there was plenty of reason to suppose), this is a rather disingenuous way to present the argument.
The fact that there is no reason to think that she was incompetent does not mean she was competent and mentally well. It is merely an absence of evidence, and, as the saying goes, absence of evidence is not evidence of absence. The added twist – the fallacious argument at work here – is in the inversion of the burden of proof, and the effect is to produce a presumption of competence and mental wellness, and so capacity – despite the fact there is more than enough real evidence to raise serious questions about both capacity and mental wellness.
There are numerous other examples of linguistic trickery. Take, for example: “From an ethical point of view, I think that the doctors did the right thing in this case – but this is because it’d’ve been hard for them not to. Apart from a nasty dose of apostrophilia (an afflic’n Mr B seems somewhat prone to), what exactly does this mean?
It seems to be saying that they did the right thing because it would have been hard for them not to do so. If we take out the confusing quasi double negative “hard for them not to”, we end up with: they did the right thing because it would have been easy for them to do so a rather strange, even fallacious – by way of being a non-sequitur – ethical justification.
Mr B, who plans to write a paper on the end of medicine, and a proof that the argument that patriotism is a virtue is self-defeating, is also keen to smoke out any closet pro-lifers lurking round his post:
“I think that there’s an implicit pro-life stance in a lot of what you’re suggesting; I think I might feel another post coming on when I get the chance over the next few days…”
followed by
“By the pro-life point… well, part of the post I have planned involves unpacking that. Very loosely, though, I think that there is a cultural tendency to think that death is always a failure and something to be avoided: given a choice between life and death, life always comes up very strong. I’m just not sure what might back that supposition, though.”
Mr B, you will recall, has special interests in autonomy and euthanasia: so he probably would find life always coming up “very strong” rather tiresome. But if life wasn’t in the habit of coming up “very strong”, then his ancestors would most likely have fizzled out long ago…
The trouble with ethicists, just as with lawyers, is that they play with words, while doctors play with real life – and real death. Therein lies the problem – and why never the twain shall meet. But that’s OK. I can live with that, and so too, hopefully, can my patients.
Laughed out loud at your post, Dr No. I too have to deal with the real world as a carer and as the song goes, it’s a wild world.
What you have to understand about ethicists is that they deal in ethical logic, not in right and wrong. Ethicists rarely take a moral position on anything; it’s considered vulgar to do so. It’s rather like a musician admitting that he likes playing Beethoven’s Fifth, to a group of record collecting Stockhausen fans. And as you point out, they have the luxury of doing this; they are not on the spot when a patient comes in.
Having said that, he is pointing out an interesting shift going on in the base of the law. That is; we can no longer rely on a presumption of life trumping autonomy. This is very important, because nearly all of our laws are based on the preservation of life directly or indirectly; laws against violence protect the body, laws preserving free speech, the right to an education and health care, protect the means of living. So if you take away the base and make autonomy more important, what effect is that going to have on the law in the long term?
An interesting point, Julie, that what we are seeing here is part of a wider sea change in the way the law and society work. Which fits of course with the decline in public interest in the body politic. More autonomy, less involvement.
The trouble with ethicists is that they sow malicious seeds of mischievous doubt.
Up until today, Dr No has been able to comment on Mr B’s post. Today, when he attampted to post a comment, he was locked out – the site now requires a username and password, which Dr No does not have.
A pity to waste the comment, so here it is (if someone who can login to the BMJ website wants to cut and paste that’s fine by me):
The use of “act of omission” isn’t linguistic clutter, it is a deliberate, intentional use, intended to imply equal weight to “act of commission”. While they may indeed differ in that one may be positive (doing) and the other negative (not doing), they have similar if not equal weight because of the consequences.
I suspect Mr B has an agenda on this. He includes amongst his research interests autonomy, euthanasia and the non-therapeutic use of medical technology (sounds like a pretty lethal cocktail to me). At the same time, by his own admission, he has no experience of medicine or law, (but nonetheless found it hilarious to teach medical students on these subject, a degree of recklessness which if committed by a doctor would land them in serious trouble).
It does seem a bit disingenuous for an ethicist with no experience in the field (double meaning intended) to opine “From an ethical point of view, I think that the doctors did the right thing in this case”. Mr B is of course perfectly entitles to express his views, just as we doctors (a number have commented here) are entitled to express our views. This is an important debate. Long may it continue.
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