Question

Describe the no-duty or no-duty-to-treat principles from an ethical and human rights perspective. Provide a specific example of this principle in practice.

Answer 1

A physician not having a duty to treat in the absence of a physician-patient contractual relationship is called the no duty to treat principle. Many cases have been previously reported where a Healthcare worker has refused to treat a patient. If the treatment is within the scope of the care provider, It should be their ethical, legal, or professional duty to provide care to the patient. But what if healthcare workers have to risk their own lives while providing treatment, Should there be a lawsuit or some serious legal action taken because of refusing to provide care.

One such example is HIV.  During the early 1980s when HIV was new and very little was known about the disease. Several physicians and Healthcare workers refused to treat patients suffering from HIV. As a professional, it can be understood why a healthcare worker would want to refuse to provide care. Nobody wants to risk their lives while providing treatment for a disease that is very new and proper treatment is also not known.

In 1992, AMA or the American Medical Association declared from an ethics standpoint that no medical professional should deny treatment to a patient whose condition is within the bounds of physicians competency solely because they are HIV positive.

Same cases were reported during the ebola outbreak where workers didn't want to provide care if a patient was contracting ebola.

EMTALA or The Emergency Medical Treatment or Active Labor Act is a law that requires that any patient under emergency admission must be stabilized and treated without any discrimination.

It is unethical to transfer or discharge any patient needing emergency treatment unless there are no proper facilities available to treat the patient properly. In such cases, The Patient should be stabilized and referred to any facility which is better equipped in treating the patient.