IN MY SHOES: When A Patient’s Rights Stop Where A Healthcare Provider’s Rights Begin

 

The Washington Post describes the dilemma of doctors, nurses, pharmacists and other healthcare workers who refuse to perform procedures or to provide services that violate their First Amendment rights – and the impact such a crisis of conscience may have on patients who don’t share their beliefs:  

 

Around the United States, health workers and patients are clashing when providers balk at giving care that they feel violates their beliefs, sparking an intense, complex and often bitter debate over religious freedom vs. patients' rights.

 

Legal and political battles have followed. Patients are suing and filing complaints after being spurned. Workers are charging religious discrimination after being disciplined or fired. Congress and more than a dozen states are considering laws to compel workers to provide care -- or, conversely, to shield them from punishment.

 

Proponents of a "right of conscience" for health workers argue that there is nothing more American than protecting citizens from being forced to violate their moral and religious values. Patient advocates and others point to a deep tradition in medicine of healers having an ethical and professional responsibility to put patients first.

 

The issue is driven by the rise in religious expression and its political prominence in the United States, and by medicine's push into controversial new areas. And it is likely to intensify as doctors start using embryonic stem cells to treat disease, as more states legalize physician-assisted suicide and as other wrenching issues emerge.

 

Anguishing as these cases are for healthcare providers and patients alike, The Stiletto is firmly on the side of those who would rather lose their livelihoods (be thrown to the lions, as it were) than to violate their deeply held religious beliefs. In the vast majority of such cases, it is easier for a patient to go to another clinic or to another pharmacy than for a devout healthcare provider to cleanse his or her soul of sin.

 

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  • February 18, 2007 The Stiletto wrote:
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