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9 - Against the informed consent argument for surgeon report cards

Published online by Cambridge University Press:  08 August 2009

David Neil
Affiliation:
University of Wollongong, Australia
Steve Clarke
Affiliation:
University of Oxford and Charles Sturt University, New South Wales
Justin Oakley
Affiliation:
Monash University, Victoria
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Summary

The publication of outcomes information, or ‘report cards’, for individual surgeons can be argued for on three distinct grounds. One kind of argument appeals to healthcare quality, and focuses on the value of individual performance auditing for patient safety and for an evidence-based approach to best practice. A second kind of argument constructs the patient as a healthcare ‘consumer’ and appeals to a notion of consumer rights, such that patients have a right to comparative information about the healthcare products and services that they consume. Some proponents of this kind of argument believe that enabling patients to be more informed consumers will introduce productive market incentives into the healthcare system. A third kind of argument appeals to respect for patient autonomy and the requirement of informed consent to any medical intervention. I will refer to these arguments, respectively, as ‘the argument from quality’, ‘the argument from consumer sovereignty’ and ‘the argument from informed consent’. In advocating the publication of surgeon-specific outcomes data, it matters which argument we take to be fundamental, because the basic rationale for having surgeon-specific report cards has implications for the form, content and funding of such a system.

With respect to the argument from quality, the literature examining the effect of public reporting of comparative performance information on healthcare quality presents an increasingly compelling argument that such reporting is necessary for sustainable quality improvement (Chassin, 2002; Marshall et al., 2002).

Type
Chapter
Information
Informed Consent and Clinician Accountability
The Ethics of Report Cards on Surgeon Performance
, pp. 147 - 156
Publisher: Cambridge University Press
Print publication year: 2007

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References

Chassin, M. (2002). Achieving and sustaining improved quality: lessons from New York State and cardiac surgery. Health Affairs, 21, 40–51.CrossRefGoogle ScholarPubMed
Chassin, M. (1996). Health care quality of service. New England Journal of Medicine, 335, 1060–4.CrossRefGoogle Scholar
Clarke, S. and Oakley, J. (2004). Informed consent and surgeons' performance. Journal of Medicine and Philosophy, 29, 11–35.CrossRefGoogle ScholarPubMed
Fine, L. G., Keogh, B. E., Cretin, S., Orlando, M. and Gould, M. M. (2003). How to evaluate and improve the quality and credibility of an outcomes database: validation and feedback study on the UK Cardiac Surgery experience. British Medical Journal, 326, 25–8.CrossRefGoogle ScholarPubMed
Fracassini, C. and Nutt, K. (2005). Secrecy sliced open; a 10 month battle has forced the NHS to reveal its death rates. The Sunday Times – Scotland, Dec 11.
Keogh, B., Spiegelhalter, D., Baily, A., Roxburgh, J., Magee, P. and Hilton, C. (2004). The legacy of Bristol: public disclosure of individual surgeons' results. British Medical Journal, 329, 450–4.CrossRefGoogle ScholarPubMed
Kolker, R. (2005). Heartless: To manipulate their crucial personal-fatality ratings, New York heart surgeons are turning away needy patients. http://newyorkmetro.com/nymetro/health/features/14788/index1.html (accessed Dec. 2005).
Marshall, M. N. and Brook, R. H. (2002). Public reporting of comparative information about quality of healthcare. Medical Journal of Australia, 176, 205–6.Google ScholarPubMed
Parker, S. (2001). What the papers say: extracts from the leader columns of the national press on the findings of the Bristol Royal Infirmary inquiry. The Guardian, July 19.
Skene, L. and Smallwood, R. (2002). Informed consent: lessons from Australia. British Medical Journal, 324, 39–41.CrossRefGoogle ScholarPubMed
Society of Cardiothoracic Surgeons of Great Britain and Ireland (2003). National adult cardiac surgical database [Online]. http://www.scts.org/sections/audit/cardiac/index.html (Accessed March 2007).
Templeton, S. K. (2005). Hospital to woo patients with death rate boast. The Sunday Times, Dec. 4.

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