Bioethics: Then and Now
By Allan M. Brandt, Ph.D.
Kass Professor of the History of Medicine, Harvard University, and
Director, Division of Medical Ethics, California State University, Hayward
From the viewpoint of a medical historian looking back at the last quarter
of the 20th century, the rise of bioethics as a movement and a discipline is
nothing short of remarkable. During this period, an intensive medical and
public discourse emerged that identified and debated critical moral dilemmas
in medical care and research. The signs of this bioethics "revolution" are all
around us. Hardly a day goes by when some moral conundrum of medicine is not
aired on the front page, or, even more significantly, on television or the
Inter-net. In our clinical institutions, the impact of bioethics is readily
apparent: IRBs (Institutional Review Boards) actively assess the ethics of
virtually all proposed human subjects research; the Joint Commission on
Accreditation of Healthcare Organizations has mandated that hospitals have a
mechanism for resolving ethical dilemmas. Most American medical schools teach
medical ethics, and national board exams test candidates for their
understanding of key ethical principles. And now, interactive sites on the
Internet provide immediate instruction and counsel for vexing ethical
dilemmas. 1
This impressive set of activities marks an opportune moment to briefly
assess the historical origins of bioethics, as well as its effectiveness in
addressing contemporary moral problems in American medicine. As recently as
1970, the world of medicine was sacrosanct; its consider-able cultural and
political authority made it almost unthinkable that so much in medicine would
become open to public debate, and that patients might reclaim authority over
medical decisions and practice. In this respect, many observers of the rise of
bioethics have declared it a dramatic victory in the name of moral progress.
2
Bioethics offered a sharp critique of the insular world of medical research
and a paternalistic tradition in medical practice. Among the most powerful
triggers for the emergence of bioethics were a series of public revelations of
gross abuses of human subjects who had been unknowingly coerced into
participation in dangerous, nontherapeutic research. The Tuskegee Syphilis
Study, the Willowbrook Hepatitis Study, and a long list of studies identified
in anesthesiologist Henry Beecher's heroic 1966 analysis
3 are but the most prominent examples of tragic failures within
research medicine to respect basic human rights. These and similar revelations
exposed a research culture in which the interests of subjects had been
fundamentally disregarded in the name of science. 4
Rising concern about research ethics also pointed to more fundamental
questions about the character of medical authority within clinical medicine.
Informed consent soon became the most basic premise for both research and
clinical care. 5 The rise of bioethics
can only be fully understood in the broader context of the rights-based
movements for self-determination in the 1950s and 1960s; these include the
civil rights movement, the rise of a new women's rights movement, and the
early patient rights activities focused principally on psychiatric issues of
civil commitment and the right to refuse treatment.
6 Bioethics led to a new patient-centered ethic, often advocating
patients as genuine participants in their care rather than only the objects of
diagnosis and treatment.
Assessing the deeper impact of bioethics in medical and research practice
is, however, no easy task. A much-needed fuller assessment would require
consider-able historical and sociological investigation of a range of
variables that are under any circumstances quite difficult to mea-sure. Do
patients today really exercise more autonomy over medical decision-making? Are
research subjects better protected from the intensive and competitive demands
of new scientific knowledge? Just as we might assess equity in access to
medical care, we might ask if all patients have had equal access to the
advantages of new ethical precepts. Is there a socioeconomic gradient? Do
better-educated patients, for example, benefit more significantly from
informed consent than less well-educated ones? No doubt much changed over
recent decades, but there are still significant problems. And indeed, some
critics have argued that bioethics, regardless of its progressive intent, has
actually had the effect of enhancing medical power over patients and research
subjects by legitimate medical institutions and practices. To cite but one
example, the consent form - in both research and therapeutic contexts - is
often viewed by subjects and patients as but a legal apparatus to protect
researchers and physicians from liability.
In short, bioethics as it evolved in the last decades of the 20th century
is historically contingent; it reflected - and responded to - a series
of specific con-temporary critiques of biomedical practice and was
fundamentally shaped by the social and political conventions of the time in
which it emerged. Therefore, the bioethics that emerged in this period may no
longer be a particularly good "fit" for the range of moral and ethical
dilemmas currently confronting American medicine. Informed consent, the
hallmark of bioethics, takes physicians' authority as a given. The prevailing
assumption was that if physicians adequately respected patients' autonomy,
their considerable authority would pass (through knowledge) back to their
patients. Patient autonomy, therefore, rested upon an a priori
physician autonomy. Bioethics in this form rarely considered the broader
social and institutional contexts in which this ethical transaction occurred.
But today we see the authority and autonomy of the provider under attack.
Importantly, if patient autonomy was at the center of discussion over the past
decades, today physician autonomy seems to be the critical issue. A brief and
per-haps typical clinical vignette illustrates aspects of this problem:
A patient with moderate back pain of relatively short duration comes to
see her primary care physician. Following a careful history and physical
examination, the physician recommends ibuprofen and rest. He explains that if
there is no improvement in the next week the patient should let him know so
that they can follow-up. The patient asks if she needs an MRI. He explains
that it currently isn't indicated, but that if she doesn't improve they can
pursue other diagnostic options, perhaps including an MRI. The patient then
asks if he is not ordering the MRI now because of financial incentives. The
doctor is troubled by this exchange and what it represents about his
relationship with his patient.
This vignette indicates that forces external to the doctor-patient
interaction have altered the character of the relation-ship. Even though the
doctor may believe that he would never compromise a patient's care regardless
of financial incentives, his patient is concerned. The quality of trust has
been altered, perhaps permanently. The patient worries that the doctor has
lost his authority to care, and that his autonomous capacity to act in
the patient's interest is eroded by new and often hidden rules and financial
incentives. Such issues are, of course, not new to managed care. Physicians
have always operated under the influence of considerable external (sometimes
hidden) incentives. The point here is that bio-ethics - as it came to be
constituted in the 1970s and 1980s - offered little in the way of analyzing
such forces, be they economic, cultural or psychological.
As bioethics evolved over recent decades, the central question for
health-care providers confronted with an ethical dilemma was typically "what
should I do?" Today, many of the dilemmas of medical care focus on the
question: "what can I do?" This question recognizes essential
constraints on clinical and moral choices and reflects an important historical
shift in assumptions about agency within our healthcare system.
Although the parameters of a new bioethics are far from clear, several
broad questions are already clearly apparent. 7
We will need more empirical research on practices associated with ethics both
in patient-provider relationships and in our healthcare institutions and
systems. Medical ethics is moving beyond the assertion of critical principles
to assess concretely the obstacles that may inhibit our ability to realize
them. This agenda requires a wide range of disciplines from clinical
caregivers to the humanities and social sciences, as well as stronger
assessment of the relationship of health policy to medical ethics. Only a
complex dialogue that helps to reveal consensual social and moral values in a
diverse culture - a dialogue among experts and the many constituencies doing
medical work and seeking medical care - is likely to result in a new and
effective medical ethics. In this respect it seems likely that as medicine
changes, so too must our medical ethics.
Footnotes
1 <NIH's
Bioethics Resources>.
2 Rothman DJ.
Strangers at the Bedside. New York: Basic Books, 1991.
3 Beecher HK. Ethics and
clinical research. N Engl J Med 1966;274(24):1354-60.
4 Jonsen AR. The
Birth of Bioethics. New York: Oxford University Press, 1998.
5 Faden RR, Beauchamp
TL. A History and Theory of Informed Consent. New York: Oxford
University Press, 1986.
6 See e.g., Kluger R.
Simple Justice: the History of Brown v. Board of Education and Black America's
Struggle for Equality. New York: Knopf, 1975; Echols A. Daring to Be
Bad: Radical Feminism in America. 1967-1975 Minneapolis: University of
Minnesota Press, 1989; and Filene PG. In the Arms of Others: a Cultural
History of the Right-to-Die in America. Chicago: I.R. Dee, 1998.
7 Kleinman A, Fox, RC,
Brandt AM (eds). Bioethics and beyond. Daedalus 1999;128(4).

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