Accountability and the ethical mandate of the health service manager


CHAPTER 3 Accountability and the ethical mandate of the health service manager






THE ETHICAL MANDATE OF HEALTH SERVICE PERSONNEL GENERALLY


Health care professions, centrally those of medicine and nursing, have helped to give a new prominence to the role of ethics within clinical decision-making. But they are not alone here; all of our health professional programs now incorporate formal ethics or sometimes bioethics within their training programs and colleges insist on these elements in both undergraduate and postgraduate management programs. It would now be odd to find a professional college that did not have or acknowledge a code of ethics, and state governments do precisely the same thing for public sector employees. The prominence of ethics is quite recent, although the nature of ethical practice in all health-related disciplines has always been unavoidably important both for practitioners and recipients of care. To be honest, the recent attention to ethical practice in health care is in part connected with the perception that legal scrutiny of health practice has reached a new intensity; anything that might mollify the situation is therefore worthy of investigation and ethics is pragmatically (and correctly) seen as a component of risk management.



Reasonable public expectations


If you operate within the field of health, irrespective of any professional jealousies or animosities that might occasionally flare up, you will be engaged in a joint social enterprise: working in the interests of human wellbeing. The public’s express interest in maintaining the full set of health-related disciplines — through expensive education programs and much else besides — gives impetus and direction to the formation and development of professional roles. To be blunt, the obvious point is to provide a structure and a set of services capable of postponing death and alleviating suffering. It is the nature of the field of practice that explains the unavoidably ethical element of health care practice. The basic ethical questions in this domain are never of the purely abstract variety so common in philosophical ethics. Health professionals assume an ethical role, and thus the practical matter at hand is how to fulfil their ethical mandate in a sensitive way when circumstances are challenging.


This explicit assumption of a social role with its attendant ethical obligations is only dimly recognised in some training programs.


Perhaps, to begin with, we need to remind ourselves that life presents us with three arenas for the exercise of moral responsibility. The obligations that we invoke through purely personal relations constitute one domain, best thought of as self-generated obligations or ties that characterise roles like parenthood and the breadth of intimate relations. The second area is civil life where a combination of settled obligations pre-exist our entry and we confront one another as civil strangers. It is this domain that Lord Atkin was referring to when he re-asked the rabbinical question from the parable: ‘who is my neighbour?’ because ‘neighbours’ in this legal sense (from tort law) are precisely civil strangers. The third is the set of professional obligations to patients and clients that are taken on like a fiduciary mantle when we assume the role of health professional in a social network enmeshing us with others.


It is precisely because health care practice falls within the public ethical domain — the domain of actions, policies and institutions affecting the wellbeing of people through our roles — that people show such astonishment, indignation and outright anger when caregivers starkly fail to live up to social expectations. It is one thing for someone to exploit another’s vulnerabilities; when you think about it for a moment you realise that it is written into the very fabric of competition. But it is quite a different matter when those carrying out the exploitation, often with attendant cruelties, are those whose professional role casts them as responsible for someone’s wellbeing. Feelings of outrage and disgust have recently been given graphic expression in response to the publicising of hitherto hidden cases of sexual and physical abuse of children, many of whom were in the care of churches where nuns, priests and officials were the perpetrators. The magisterial hypocrisy of those who gathered under the banner of ‘suffer little children to come unto me’ leaves most of us seething with indignation. The outcry over the ‘stolen generation’ is another example, although at a higher level of social criticism: government policy and its attendant institutions are the target.



FROM THEORY TO ACCOUNTABILITY


So health care is inevitably ethically significant in ways that many other professional areas are not. But precisely how different groups within health care experience the weight of this ethical significance is a more complex matter. It would be a mistake to assume that clinical and non-clinical personnel experience ethical issues in the same way. And it would be an even bigger mistake to think that either group of health professionals was engaged in ethics in the way that students of ethical theory come to terms with the subject area called ‘ethics’ or ‘moral philosophy’. To reinforce a point already made, philosophy students have the luxury of worrying away at abstract matters, whereas engaged health professionals have assumed the professional duty to operate in the best interests of their patients and clients. The question for health professionals is therefore a purely practical one: ‘how best can I fulfil my duty in circumstances that are fraught because of constraints and competing loyalties?’ And second, ‘for what in the domain of ethics am I responsible and to whom am I accountable?’


The scope of this section is determined by three main assumptions:






Accountability frameworks


We can agree that the health service manager’s role involves responsibility for the performance of other people. This fact is key to understanding the ethical dimension of managerial practice, as meeting the requirements of accountability in this role will entail the creation of processes that are transparently designed to meet ethical requirements and are an explicit part of the accountability framework devised for the institution. A nurse or doctor may well ask, ‘is this particular patient’s competently delivered express wish really being honoured here?’ but a manager is charged with a different level of concern and one that relates not to specific outcomes but to processes that facilitate outcomes. Thus, in the case of the patient’s wishes being honoured, the manager’s ethical role is expressed in the creation of processes that support autonomous decision-making within his/her setting. These processes are normally framed in legal terms because they are often directly legislated, but nonetheless their import is ethical and their reality in patients’ lives depends heavily on the creation of effective means of empowerment through processes created and overseen by health care managers.


Ethical accountability resides in frameworks; ethical responsibility for actions rests in people. A manager’s role does not extend to taking personal moral responsibility for the actions of those who perform duties within the organisation, as each person is, finally, an ethical agent on their own account: their quality of action remains personal even where the tasks performed are a corporate responsibility. However, the framework within which health care personnel perform their roles and evaluate their choices in action is itself a design feature under managerial control. So there will be an intimate relationship between the nature of individual choices made at point of delivery and the nature of the framework within which all choices are made. A manager cannot be blamed for another person’s malicious streak coming out in action, but may well bear some of the blame for the results of actions that are the result of policy confusion, poor staff education, line management ineptitude or constraints that make adequate care impossible. A further layer of complexity arises when the personnel under a manger’s control answer both to professional ethical standards and the more generic standards specified; for example, for public sector employees. In the final analysis we are drawn back to the ethics of roles rather than conscience, but roles can significantly differ and the ethical responsibilities along with them.

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Apr 15, 2017 | Posted by in MEDICAL ASSISSTANT | Comments Off on Accountability and the ethical mandate of the health service manager

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