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Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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14. Doctrine of Double Effect

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The best medical practitioner is the one who can distinguish the possible from the impossible.
~ Herophilos

Abstract

The doctrine of double effect is a medieval natural law tradition in Catholic moral theology which states that an action is morally permissible if a good outcome is intended and a harmful effect is foreseen but unintended. The moral permissibility of an action is determined by the intention of the agent rather than the consequences. The doctrine was created to justify certain actions within Catholic theology, but it precedes moral recognition of patient autonomy and only focuses on the intention of the practitioner. In modern medical ethics, the four principles of medical ethics (autonomy, beneficence, nonmaleficence, and justice) are used instead of the doctrine of double effect. The four principles are specified and balanced to determine accepted moral actions and hold practitioners legally, professionally, and morally accountable for the consequences of their actions, independent of their intentions.

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Think 

[14:1] The doctrine of double effect has historically been defined by the medieval Natural Law tradition of Thomas Aquinas and by contemporary Catholic moral theologians as being: 

If when doing something morally good it is also accompanied with a foreseen but unintended harmful effect, then the action is morally permissible if the intention was only for good.

[14:2] What is essential to notice is that the moral permissibility of action is determined solely by the agent’s intention rather than by the consequences of the actions. Using this type of moral analysis, if a person intended to make a significant economic gain (the good), with the foreseen but unintended consequence of polluting the environment (harmful effect), then using the doctrine of double effect that would make such actions morally permissible if the intention was only for good.

[14:3] The cynic’s snark reply is the old proverb:

The road to hell is paved with good intentions.

[14:4] However, the Catholic magisterium has found it necessary to have this doctrine so that the Church can justify moral actions which are impermissible within Catholic theology. One example that most rational agents would consider morally permissible and in line with the medical standards of care would be the intentional removal of a life-threatening cancerous uterus, even if its intentional removal would also result in the foreseen but unintentional death of a fetus. The doctrine of double effect was put in place precisely so that Catholics could justify such a procedure.

[14:5] However, it is essential to notice that the doctrine of double effect precedes any moral recognition of patient autonomy (informed consent). Rather the doctrine of double effect reflects the paternalistic medieval age, in which patient choice was not recognized. Because of this paternalism, the doctrine of double effect only focuses on the practitioner’s intent and does not recognize that it is the patient who has the authority to authorize the practitioner to perform the medical procedure.

[14:6] The field of medical ethics uses a different evaluative process of specifying and balancing the four principles of medical ethics to determine accepted moral actions. Specifying is analytically establishing how a general moral principle relates to a particular circumstance or situation. Balancing is the analysis of how two or more specified principles should be weighed and balanced for a particular circumstance or situation.

[14:7] Using the previous example of the life-threatening cancerous uterus, the principlistic approach would be the following:

Assess
Patient: 1) Autonomy

[14:8] Using the principle of patient autonomy (informed consent), the practitioner informs the patient with decisional capacity of:

  • 1. The diagnosis of having a cancerous uterus.
  • 2. The prognosis of the condition is life-threatening.
  • 3. The medical standards of care is the removal of the uterus and fetus.
  • 4. Benefits: saving the patient’s life.
  • 5. Burdens: reasonable risks associated with having surgery, and the de facto abortion of the fetus. 

The practitioner then needs to answer all patient’s questions and get informed consent authorizing the practitioner to perform the procedure.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[14:9] Professional beneficence (do good) requires the practitioner to empathetically assess what medical standards of care options would maximize the patient’s best interests as determined by the patient’s reasonable goals, values, and priorities. 

[14:10] Nonmaleficence (do no harm) is the obligation to mitigate harm to the patient. Since the fetus is part of the patient’s body, the patient can authorize medical treatment with or without regard to the fetus. In this case, the fetus might not come to term even if  the procedure was not performed.

Public Policy: 4) Justice

[14:11] With the principle of justice (be fair) it is necessary to determine what available social resources and treatment options are legally permissible and available. If the procedure is legal, which it is, then the patient has the right to decide whether or not to have the cancerous uterus and fetus removed, the practitioner is obligated to maximize the patient’s best interests as determined by the patient's reasonable goals, values, and priorities, and public policy, as a matter of social justice, is obliged to provide the patient with medical access.

Weighing & Balancing

[14:12] Weighing and balancing determines the rank and order of specified moral principles. For this particular case, and because of regulatory state laws, the order of priority would be:

1. Public Policy (justice)

2. Patient Autonomy (informed consent), and

3. Practitioner Professionalism (beneficence & nonmaleficence).

[14:13] Using the four principles of medical ethics and specifying, weighing, and balancing circumvents any need for the medieval natural law tradition of the doctrine of double effect. In modern society, regardless of intentions, foreseen but unintended consequences will hold the practitioner professionally, legally, and morally accountable. Legally, medical malpractice is based on a deviation from medical standards of care due to the practitioner being negligent in an action or inaction that, as a consequence, results in harm to the patient. This legal, professional, and moral accountability is independent of the practitioner’s intentions.

Conclude

[14:14] The doctrine of double effect always focuses on the importance of the medical provider's beneficent (good) intentions. Under no circumstance is it ever permissible for a medical provider to have the intention of being maleficent (do harm) to the patient. Beneficent intent (do good), with an unfortunate double effect of harm, is accepted if it is in accordance with medical standards of care. However, if an action or inaction that deviates from medical standards of care is defined as negligent, and if, as a result, the action or inaction is accompanied with patient harm, then that action, regardless of intent, would be grounds for medical malpractice.

[14:15] In summary, while the doctrine of double effect emphasizes the importance of a medical practitioner’s good intentions, it does not account for the consequences of their actions. Modern medical ethics, using the four principles of medical ethics and the processes of specifying, weighing, and balancing, holds practitioners legally, professionally, and morally accountable for the consequences of their actions, regardless of their intentions. This approach is more comprehensive and better suited to address the complexities of modern medical practice.

(See also: 5. Assisted Suicide, 6. Capital Punishment - Executions, 11. Death With Dignity - Practitioner-Assisted Dying, and 17. Euthanasia)

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14. Review Questions

1. The doctrine of double effect establishes that the permissibility of an action is dependent on the consequences of the action, not the intention.

2. The doctrine of double effect is thoroughly paternalistic and does not recognize patient autonomy (informed consent).

3. Specifying and balancing the four principles of medical ethics has superannuated or surpassed any need for the doctrine of double effect.

4. If a practitioner can establish that their intention was solely for something morally good, that is, in the patient’s best interests, then that will legally absolve the practitioner from any foreseen but unintended consequences.

5. Although the intent of the doctrine of double effect was for good, that does not absolve the practitioner from legal jeopardy for foreseen unintended effects.

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14. Clinical Vignettes

1. Ms. Smith, a 72-year-old urban planner presents with a painful terminal illness and seeks relief from their suffering. The practitioner is faced with a difficult decision: they can prescribe a medication that will alleviate the patient's pain but may also hasten their death. According to the Doctrine of Double Effect, what is the practitioner's ethical responsibility in this situation?

2. Mr. Evans, a 62-year-old stockbroker comes to you with a complex medical condition and asks for your opinion on a treatment they have researched. The patient knows that the treatment may have unintended consequences, but they believe that the benefits outweigh the risks. You are familiar with the doctrine of double effect, which states that an action with both good and bad consequences can be morally justifiable if the practitioner's intention is good. Which of the following statements about the doctrine of double effect is most accurate?

3. Ms. Woods, a 48-year-old investment banker recognizes that the proposed treatment option may have unintended consequences, but they believe that the benefits outweigh the burdens. As a practitioner, you are familiar with the four principles of biomedical ethics: autonomy, beneficence, nonmaleficence, and justice. Which of the following statements about the four principles is most accurate?

4. Mr. Hassan, a 59-year-old financial analyst presents to their primary care practitioner complaining of chest pain and shortness of breath. The practitioner orders a battery of tests, including a stress test and an electrocardiogram (ECG), but fails to diagnose the patient with acute myocardial infarction (heart attack). The patient is sent home with a diagnosis of indigestion and instructed to follow up in a week. Two days later, the patient returns to the emergency room with severe chest pain and is diagnosed with a heart attack. The patient undergoes emergency coronary angioplasty and is recovering for several days in the hospital. What is the basis for a medical malpractice claim?

5. Ms. Brooks, a 63-year-old sales manager comes to the emergency room, and the practitioner faces a difficult ethical dilemma. They must choose between two options with potential benefits and harm. 

Option 1 medical standard of care: The practitioner provides a treatment that has been proven effective according to medical standards of care, but it may also have negative side effects for the patient. 

Option 2 doctrine of double effect: The practitioner with good intentions deviates from medical standards of care, resulting in foreseen but unintended harm to the patient.

Which of the following options would the practitioner be considered to have committed medical malpractice if harm resulted from their decision?

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14. Reflection Vignettes 

1. Mr. John Smith, a 65-year-old retired carpenter, was admitted to the hospital with severe chest pain and shortness of breath. Mr. Smith has a history of smoking for over 30 years and has been experiencing a persistent cough and occasional hemoptysis for the past six months. His medical history is otherwise unremarkable, and he does not have any known allergies to medications. On examination, the practitioner noticed that Mr. Smith's respiratory rate was 30 breaths per minute, and his oxygen saturation was 88% on room air. The chest X-ray revealed a mass in the left lung, measuring approximately 8 cm in diameter, and the CT scan confirmed that the mass was malignant. The practitioner initiated treatment with supplemental oxygen, nebulizers, and intravenous pain medications, including opioids, to manage Mr. Smith's symptoms. However, despite aggressive management, Mr. Smith continued to experience significant pain and discomfort, which was affecting his quality of life. During the rounds, Mr. Smith expressed his desire to increase the pain medication dose, understanding that it could potentially hasten his death.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Mrs. Alice Jones is an 85-year-old woman with a history of advanced dementia, who was admitted to the hospital with aspiration pneumonia. She has been bedridden for the past year, and her oral intake has declined significantly over the past few months. She is now dependent on tube feeding for her nutrition and hydration. During the course of her hospitalization, Mrs. Jones developed severe pain and discomfort, despite receiving high doses of pain medication. The practitioner discussed the situation with Mrs. Jones's family and explained that increasing the pain medication could potentially hasten her death, given her advanced age and underlying medical condition.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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