The Grand Inquisitor’s Choice:
Comment on the CEJA Report on
Withholding Information from Patients
Darlyn Pirakitikulr and Harold J. Bursztajn
Historically, paternalism had been the accepted norm in doctor-patient
relationships. By virtue of their knowledge and experience, doctors decided
what treatment was in the best interests of patients. However, in recent
years, medicine has changed from a predominantly paternalistic profession
to one that is more patient- centered. The physician informs and advises
the patient, but it is the patient who makes the decision. Given this
evolution, the physician’s dual duties of promoting the patient’s health
while supporting the patient’s autonomy, by providing pertinent medical
information, can at times become a balancing act. The physician must
weigh, on the one hand, the value of the patient’s liberty to make personal
medical choices based on full disclosure of relevant information, and,
on the other, the patient’s health, which in rare instances might be
compromised by full disclosure.
. . .
Ultimately, therapeutic privilege is all-too often a misnomer. Withholding
information is not a privilege, as it burdens the doctor-patient alliance.
If the term “therapeutic privilege” has any meaning, it is only because
it is exercised after carefully listening to the patient. The doctor-
poet William Carlos Williams spoke of “the poem which their [patients’]
lives are being lived to realize.” Mechanical adherence to prosaic guidelines
is no substitute for caring and for listening to the poem of our patients’
lives.
To order this article in full, please go to Article
Express at the website of the Journal
of Clinical Ethics.