Experience requesting an ethics consultation
Most respondents (89%) had never personally requested an ethics consultation. The distribution of residents who called an ethics consultation by residency program and by PGY is provided in Tables 2 and 3, respectively. Of those who had requested a consultation, two (13%) reported feeling hesitant, and none indicated they had experienced repercussions. The 15 residents who requested an ethics consultation rated how receptive each of the medical team members were to their request, and this information is summarized in Table 4. In general, these residents indicated that all members of the medical team were relatively receptive and the ratings were not statistically significant. Surgery residents rated team members as being slightly more receptive to their requests for ethics consultations compared with internal medicine residents.
Wanted to request, but did not request an ethics consultation
Thirteen (10%) residents reported wanting to call an ethics consultation but deciding against it. Based on responses from questionnaires and interviews, most residents reported three main reasons for avoiding the request: The attending physician was against the idea (46%), the resident was unaware of the ethics consultation service at the time (15%), and the resident decided it would not be helpful (15%). These reasons overlap with residents’ perceptions, which are examined further below.
Perceptions of the ethics consultation service
During the interviews, we asked residents about their general perceptions of and barriers to the ethics consultation service. From their responses, we identified three main barriers: (1) the perception that the attending physician may become angry at the resident's request for an ethics consultation, (2) the perception that ethics consultations are time-consuming and not helpful, and (3) the perception that ethics consultations may require the medical team to give up control in decision making. Some residents stated that they did not believe ethics consultations would aid in resolving moral/ethical conflicts.
Several residents reported the perception that attending physicians would become angry if they were to request an ethics consultation. Some residents construed the request as tantamount to questioning the attending physician's medical and ethical judgment. They were afraid, therefore, to incur the attending physician's anger because of the attending physician's power over the resident, presumably in regard to performance evaluations. They also expressed fear that their working relationship with the attending physician would be undermined. These concerns are reflected in the following quote:
Yeah, I could see definite fear about calling an ethics consultation on that point because this is somebody who… you definitely have to work with the rest of the month, which in itself, would—may be hard to face after that. If you've had such a disagreement that you are questioning their judgment, as a resident, somebody who doesn't really have much experience… I could see how many attendings would become quite angry about that. And not only do you work with them through the month, but… there's a lot of talk that goes on about residents, and I think your reputation spreads… quite quickly. And I, I would have fears about, if somebody hated me, completely hated me. I would have a lot of fear about what that would do to my reputation around the hospital. (first-year female internal medicine resident).
Some residents stated they perceived ethics consultations to be time-consuming, which deterred using the service, particularly in emergent situations. According to a first-year female internal medicine resident,
[Residents] need to have some sense that something's going to be dealt with quickly … within the next couple of hours. Because usually things are pretty far progressed by the time somebody's even considered calling Ethics, and so I think that … the fact that they might not get feedback in time to do them any good anyways, is something of a barrier.
It is clear that residents experience frustration about delays in medical decision making due to the time required to process ethics consultations.
Some residents maintained a perception that the medical team surrenders some of its decision making control by requesting ethics consultations. According to a fourth-year female surgery resident:
We [surgeons] take care of our patients ourselves completely. You know, like … very little do we consult out. We really are not just surgeons, we're like physicians, we really do all the care…. I've never heard an attending ever bring [an ethics consultation] up, and—although I don't think they'd ever say like, “Absolutely not,” it's just not something we do…. It's a lot more emphasis on, you know, … them being in control of the decision making process … on the trauma service … because we run that service.
The following quote demonstrates a resident's perception that a contradictory decision from the ethics consultation might cast her in a bad light and undermine her medical judgment:
Let's say a case where you have a very young patient who's on life support, but, you know, if they were to get out of it, which would be slim to none let's say, and you think really the best thing would just—to—be to withdraw life support, the family is battling against you because the patient was so young. Well, you call an ethics consult, the risk would be that they would actually agree with the family, even though you thought really against your better judgment. So, you'd be asking a third party to come in, and they might usurp your medical judgment. So that would be risky because then you might end up looking like, you know, a fool or you were trying to be like Dr. Death… (first-year female internal medicine resident).
Because power dynamics were originally hypothesized to influence residents’ willingness to request an ethics consultation, we assessed respondents’ perceived level of risk using the VAS. For the 130 (96%) responders, the average risk score was 20 mm (range 0–78 mm). About a quarter of these respondents (24%) gave a no-risk or 0 mm rating.
On the questionnaire, residents were asked to indicate the kinds of risks to themselves they perceived in calling an ethics consultation. Of the 97 (72%) residents who responded to this question, 45% perceived no risk to themselves. The remaining residents identified several risks that overlap with general perceptions about the ethics consultation service, including: attending physician's anger (19%), negative interaction with health care team members (9%), delay in patient care (7%), adverse effects on personal beliefs and feelings (4%), and the potential for legal repercussions (4%).
Residents were also asked to indicate the kinds of risks they perceived to the patient and/or family in calling an ethics consultation. Of the 88 (65%) responders, 52 (59%) perceived no risk. In fact, two of these residents considered an ethics consultation as beneficial to the patient and family. For those who did perceive some risk to the patient and family, most noted issues related to adverse outcomes to patient care from the ethics consultation process (13%), negative emotional responses from the family to the ethics consultation (10%), and strain on the doctor–patient relationship (5%). For instance, one first-year male surgery resident stated that the ethics consultation process could result in delays in patient care by “prolong[ing] unnecessary or painful treatment while [a] decision [is] being made.”
Comparing those who requested with those who wanted to but did not
When comparing those who requested an ethics consultation with those who wanted to but did not, there were no significant demographic differences (e.g., age, gender, residency program, or PGY status), but the level of perceived risk in calling a consultation did differ significantly (t = 3.868, p = .001; see Table 5). Those who wanted to but decided not to request an ethics consultation rated calling a consultation as more risky than did those who had actually requested one (39 mm versus 10 mm).
All residents who either requested an ethics consultation or decided against calling one completed the Decisional Regret Scale. The residents who requested an ethics consultation reported a significantly lower level of regret in their decision than did the residents who decided not to make the request (17.56 versus 56.44, t = 5.236, p < .0005, n = 25). This difference suggests that those who requested a consultation were more satisfied with their decision than were those who wanted to request a consultation but did not.
Training in ethics
Most respondents (82%) reported having no formal training in ethics. Of the 56 (42%) residents who specified whether they desired such training, only a third (34%) indicated interest. The lack of interest in ethics training is further explained by negative perceptions about ethics education, as the following quote by a first-year male internal medicine resident reveals,
Well, I have had training in the past, and … I don't know how much ethics training helps me … be ethical. To tell you the honest truth, I don't. So, a lot of times we talk about either really abstract things or things that are—seem obvious to me in a lecture. I think it's hard to lecture medical people about ethics because they feel like they need information they can use every single day and … that they couldn't figure out on their own. I feel like some of this ethical stuff … I, I guess it's okay. I think it's useful, occasionally, to present ethical dilemmas and maybe talk them through, but, like, a lecture per se doesn't do it for me.
This was the first study to examine residents’ use and perceptions of an ethics consultation service. We found that residents reported they avoided using the ethics consultation service for three main reasons. The first barrier to use was their fear of making the attending physician angry, which they felt would jeopardize their working relationship. Their fears clearly stem from their subordinate status in the medical hierarchy and in medical decision making. Although residents are responsible for being the primary caretaker for patients, there is the potential threat of reprisal by the attending for their actions.17 Even attending physicians report feeling the effects of the medical hierarchy. In one study, they identified feeling constrained in ethical decision making and consequent moral distress because of limits imposed by their hospital administration.18 Clearly, constraints imposed by the hierarchical structures of an institution on a health care professional's ability to act as a moral agent can generate moral distress, regardless of one's position in the hierarchy.18
Other studies have documented residents’ reluctance to challenge attending physicians’ decisions even when they conflict with their own ethical approach to patient care.19 This reluctance may be compounded by attending physicians’ perceptions of ethics consultations as an intrusion into the doctor–patient relationship and an abdication of their responsibility to the patient.11 Other research corroborates our findings; in one study, 80% of the 36 residents interviewed felt they did not have the power to intervene when they disagreed with how an ethical situation was being handled.20
The second major barrier we found was that almost a quarter (24%) of residents were unaware of the ethics consultation service, most residents (79%) were unaware of how to request an ethics consultation, and 15% of the residents who decided not to call an ethics consultation were unaware of the service. The JCAHO's mandate that hospitals have a protocol to address ethical dilemmas is moot unless people know about the service and how to access it.
The third barrier we identified was residents’ negative perceptions of the service or their perceptions that possible adverse outcomes to themselves or to the patient would result from calling an ethics consultation. Although some of the residents’ perceptions may be accurate, others may reflect misinformation or inaccurate speculation. Clearly, our study's data show that the less experience residents have in calling ethics consultations, the more they imagine adverse consequences of doing so.
To address these barriers, we recommend several policy changes and educational approaches. First, academic medical institutions must ensure that ethics consultation services are made available to residents. Other research has documented the need for such services. For example, one study reported that 71% of residents desired a formal process to resolve ethical disagreements between residents and attending physicians.21 To effectively provide such services, institutions must recognize and be responsible for the culture of authority that inhibits the use of ethics consultation services by residents. Being responsible means establishing mechanisms to ensure that attending physicians support residents’ access to any resources necessary to resolve ethical dilemmas. Other scholars support similar proposals.18
Currently, the policy at Loyola requires residents to notify their attending physician when they request an ethics consultation. If a resident fears possible repercussions from the attending physician, this policy may deter residents from using the service. Establishing a policy that allows residents to contact the ethics service anonymously or without first informing their attending physician may decrease residents’ hesitancy.
The fact that residents in our study learned about ethics consultation services through a diverse array of formal and informal avenues suggests a need for greater consistency in the educational process. Additionally, most residents (82%) reported having no formal training in ethics. We recommend institutions make greater efforts to educate residents about the practical benefits of ethics and the means to address ethical dilemmas. An ideal occasion to inform residents about these services is in the core curriculum. Recent updates to the Accreditation Council on Graduate Medical Education core curriculum require residents to receive education in ethics and/or professionalism.
Presentations by senior residents who have used the service during grand rounds or orientation could be another means to provide less-experienced residents with information about the ethics consultation process, including the time involved, nature of interactions with attending physicians, and personal consequences. Doing so could help dissipate fears. A description of the ethics consultation service including contact information could be printed on wallet-sized cards and provided to residents during such presentations.
Role modeling by attending physicians (perhaps in the form of an educational videotape) could show support for residents’ use of the ethics consultation service. Faculty could describe their experiences and some outcomes of working with residents who requested an ethics consultation and discuss how ethics consultations do not necessarily delay treatment decision making.
We recommend institutions use an educational campaign to eradicate myths and modify negative perceptions of ethics consultations. For instance, the perception that ethics consultations delay the medical decision making process is inconsistent with research, which shows they reduce hospital and intensive care unit days.7 Negative perceptions of ethics consultations may be ameliorated by increasing the residents’ familiarity or interaction with the service. Some scholars have advocated that ethics consultants round with medical teams to become more integrated into the clinical decision making process and prevent ethical dilemmas from developing altogether.22
As part of an educational campaign, Loyola conducts its annual ethics awareness week for all faculty and staff. This program began in 2002 and includes grand round ethics presentations, ethics debates, panel discussions on relevant books, video case discussions, and a medical ethics bowl for medical students. During these events, attendees receive pens, water bottles, and mousepads on which the ethics consultation service phone number is printed for easy access.
Education in ethics is necessary for enabling health care professionals to reason through moral quandaries more systematically. The lack of formal ethics training in most of our sample could help explain residents’ lack of awareness and misperceptions of the ethics consultation service. This rate of training is considerably less than other reports.21 Only one-third of the residents in our study who indicated whether they desired training in ethics responded affirmatively. Other studies show a considerably greater interest (74%) in receiving training in ethics.20
Efforts should be made to appeal to residents and encourage their participation by offering innovative methods of education in ethics, such as those mentioned here. By underscoring how ethics education can better prepare residents to deal with ethical dilemmas and feel more confident interacting with attending physicians during such dilemmas, ethics education may become more appealing.
Several limitations of our study must be noted. First, our results may not be generalizable to residents at other hospitals because hospitals’ policies regarding who is entitled to request an ethics consultation and the procedures for addressing ethical issues vary.23
One might expect Catholic hospitals to differ from non-Catholic hospitals in the range of ethical issues encountered because Catholic hospitals do not offer some reproductive services. However, based on the experience of one author (EJG) as an ethics consultant and member of Loyola's ethics committee, it is apparent that ethics cases pertaining to reproductive issues occasionally arise, which suggests there may be fewer differences than expected.
Our 59% response rate represents the majority of the resident population within the five largest residency programs serving inpatients at our hospital. The views expressed by the residents included in our study may not be generalizable to residents in other programs, especially those treating outpatients.
Although we asked in the survey if respondents personally requested an ethics consultation, some residents who reported having requested an ethics consultation may have done so on behalf of the attending physician. Another limitation is that we did not directly inquire into all residents’ general perceptions about the ethics consultation service on the questionnaire. However, the fact that the risks identified by most of the respondents overlapped with the perceptions elicited from the interviewed respondents supports the pervasiveness of these perceptions among all respondents. Lastly, we did not define “formal ethics education” on the questionnaire, and thus respondents may have had different interpretations of this question. Further research is needed to evaluate the effectiveness of the educational approaches recommended to enhance residents’ awareness of and comfort with using ethics consultation services.
This study showed that several barriers hindered residents’ use of ethics consultation services, including power inequities within the medical hierarchy, lack of awareness, and negative perceptions of ethics consultations. We recommend that health care institutions use innovative methods to educate all employees about the availability of ethics consultation services and how to use them. In addition, institutions should establish mechanisms to give health care professionals in subordinate roles within the medical hierarchy a safe way to access the service to address their moral distress.
We thank all the resident physicians for participating in this study. Mark Kuczewski and Aaron Michelfelder provided insightful comments on an earlier draft of the manuscript, and Jack Corliss provided statistical assistance.
1 Joint Commission on Accreditation of Healthcare Organizations. Patient Rights. 1992 Accreditation Manual for Hospitals. [R.I. 126.96.36.199.] 103–5. Chicago: The Joint Commission on Accreditation of Healthcare Organizations, 1992.
2 Fox E, Myers S, Pearlman R. Ethics consultation in U.S. hospitals. J Gen Intern Med. 2001;16(suppl 1):194.
3 Fletcher J, Siegler M. What are the goals of ethics consultation? A consensus statement. J Clin Ethics. 1996;7:122–6.
4 McClung JA, Kamer RS, DeLuca M, Barber HJ. Evaluation of a medical ethics consultation service: opinions of patients and healthcare providers. Am J Med. 1996;100:456–60.
5 Orr RD, Moon E. Effectiveness of an ethics consultation service. J Fam Pract. 1993;36:49–53.
6 LaPuma J, Stocking CB, Silverstein MD, DiMartini A, Siegler M. An ethics consultation service in a teaching hospital: utilization and evaluation. JAMA. 1988;260:808–11.
7 Schneiderman LJ, Gilmer T, Teetzel HD, et al. Effect of ethics consultations on nonbeneficial life-sustaining treatments in the intensive care setting: a randomized controlled trial. JAMA. 2003;290:1166–72.
8 Heilicser BJ, Meltzer D, Siegler M. The effect of clinical medical ethics consultation on healthcare costs. J Clin Ethics. 2000;11:31–8.
9 Frader J. Political and interpersonal aspects of ethics consultation. Theor Med. 1992;13:31–44.
10 Storch JL, Griener GG. Ethics committees in Canadian hospitals: report of the 1990 pilot study. Healthc Manage Forum. 1992;5(1):19–26.
11 Davies L, Hudson LD. Why don't physicians use ethics consultation? J Clin Ethics. 1999;10:116–25.
12 McGee G, Spanogle JP, Caplan AL, Asch DA. A national study of ethics committees. Am J Bioeth. 2001;1(4):60–4.
13 Brehaut JC, O'Connor A, Wood T, et al. Validation of a decision regret scale. Med Decis Making. 2003;23:281–92.
14 Goel V, Sawka CA, Thiel EC, Gort EH, O'Connor AM. Randomized trial of a patient decision aid for choice of surgical treatment for breast cancer. Med Decis Making. 2001;21:1–6.
15 Luborsky M. The identification and analysis of themes and patterns. In: Gubrium JF, Sankar A (eds). Qualitative Methods in Aging Research. Thousand Oaks, CA: Sage Publications, 1994:189–210.
16 Huberman AM, Miles MB. Data management and analysis methods. In: Denzin NK, Lincoln YS (eds). Handbook of Qualitative Research. Thousand Oaks, CA: Sage Publications, 1994:413–27.
17 Levi BH. Ethical conflicts between residents and attending physicians. Clin Pediatr (Phila). 2002;41:659–67.
18 Oberle K, Hughes D. Doctors’ and nurses’ perceptions of ethical problems in end-of-life decisions. J Adv Nurs. 2001;33:707–15.
19 Winkenwerder W. Ethical dilemmas for housestaff physicians: the care of critically ill and dying patients. JAMA. 1985;254:3454–7.
20 Waz WR, Henkind J. The adequacy of medical ethics education in a pediatrics training program. Acad Med. 1995;70:1041–3.
21 Shreves JG, Moss AH. Residents’ ethical disagreements with attending physicians: an unrecognized problem. Acad Med. 1996;71:1103–5.
22 Fox MD, McGee G, Caplan A. Paradigms for clinical ethics consultation practice. Camb Q Healthc Ethics. 1998;7:308–14.
© 2005 Association of American Medical Colleges
23 Fletcher JC. Needed: a broader view of ethics consultation. Qual Rev Bull. 1992;18(1):12–4.