pathology situational ethics

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    Situational ethics inpathology

    Michael Pollanen

    Pathologist

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    Ethics in pathology seminars (4)

    1. The ethical pathologist2. The ethics of human tissue use

    3. Situational ethics in pathology4. The ethical forensic pathologist

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    Ethics in pathology: review1. The ethical pathologist

    How to be ethical when doing pathology?Mis-diagnosis: patient harm , and damageto trust relationships

    2. Ethical use of human tissueTissue retention and bankingEthics of tissue chipping

    Pathologists are gatekeepers

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    Clinical and pathological ethics

    ClinicalAutonomyBeneficenceNon-maleficenceJustice

    PathologicalValuesTrustHarmVirtues

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    Our approach in this seminar

    Explore ethics for certain challengingsituations that pathologists faceSee how we respond to the situationsDetermine what our ethical

    obligations are and to whom

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    53 year old man withabdominal pain

    ClinicalModerately intense pain, lower quadrantsAppendicitis

    LaparoscopyPeritonitisPerforated rectosigmoid diverticulitis

    LaparotomySegmental resection with partial omentalresection

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    Surgical pathologyGross

    Colonic segment unremarkableSerosal and omental exudate

    MicroscopicInflammatory and myofibroblastic reactionin mesocolon and omentum (septal)Colonic mucosal and wall unremarkable

    Sclerosing mesenteritis?Consultation obtained from a trustedcolleague

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    Second opinion

    Second pathologistPeritonitis and reactive changesInfection/inflammation in peritoneal cavity

    First pathologists addendum reportDescriptive diagnosis: unusualinflammatory and myofibroblastic reactionAdvise to clinician: re-review clinical andradiological results to reveal diagnosis

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    Follow-up: 2 years later

    ClinicalNodule in laparotomy scarMalignant mesothelioma

    Review of pathologyInitiated by first pathologist (not requestedby another party or patient)Diffuse epithelial-type malignantmesothelioma with septal infiltration andmyofibroblastic/inflammatory reaction

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    Ethical questions

    Should the first pathologist write anaddendum report and amend thediagnosis ?What ethical duty does the firstpathologist have to the secondpathologist and vice versa?What role does the pathologist have indisclosure to the patient ?

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    Ethical questions: resolutions

    The pathologist amended the diagnosisand informed the second pathologist

    The second pathologist agreed with theamended diagnosis on re-reviewThe pathologist did not initiate disclosure

    to the patient directly

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    Bigger ethical questions

    Did the pathologists harm the patient?Misdiagnosis = delay in diagnosis

    Did the pathologists do their duty ?Well sampled, diligently analysed, involveda consultant

    How do the pathologists come to termswith their mistake?

    Act ethically & recognize the pitfalls withmesothelioma

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    30-year old woman with pelvicpain

    Clinical and radiologicalG0P0Related to menstrual cycle

    Pelvic examination unremarkableUltrasound shows ovarian cysts(interpreted by gynecologist)

    EndometriosisHysterectomy BSO

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    Pathology

    Gross and microscopicNormal uterus, tubes and ovariesFollicular cysts

    No endometriosisReport

    Reported as no pathologic diagnosis

    Not the first time this has happened

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    Ethical questions

    Should the pathologist discuss the casewith the surgeon apropos excisingnormal tissue?Should the pathologist inform themedical advisory committee (MAC) oranother party?What steps should the pathologist taketo make sure this is not repeated ?

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    Ethical questions: resolutions

    The pathologist shouldInform the tissue audit committee in thehospital that reports to the MACDiscuss the case with the surgeon

    The pathologist should notAlter the surgical pathology report

    Come to a premature conclusion about thesurgeons competence

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    37-year-old woman with arenal transplant

    ClinicalFailed renal transplant (renal arterialocclusion)Kidney explanted

    PathologyPseudomonas infection of renal artery

    Renal arteritis and thrombosis withinfarction of kidney

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    What is the pathologists duty?

    As a surgical pathologistMake the correct diagnosisMake a timely diagnosis

    As consultant and medical specialistRecognize the urgency of the case(pseudomonas infection)

    Inform the nephrologist immediatelyWrite a note in the patients chart

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    Follow-up: the next day

    ClinicalPatient treated for septicemiaSurvived

    Organ donor programmeMultiple recipients infectedSome died

    No autopsy was performed on donor

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    Ethics of second opinions

    Common in cancer treatmentTwo types of second opinions

    Initiated by a pathologist who would likehelp from another pathologistInitiated by referral to a different treatmentcentre, to ensure diagnosis is correct

    before treatment

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    Second opinions for helpWhen?

    When the patient might benefit from itWhy?

    If you are uncertain about diagnosis.

    Who?A sub-specialist that you trust.

    What?Biopsies before major planned therapyRecognize pitfall diagnostic areas

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    Second opinions for treatment

    Enhances patient care by reducingerrors (mostly related to stage)Second opinions are not necessarilybetter than first opinions

    Either or both pathologists can be wrongMostly pathologists agree

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    Ethical second opinions

    Will always enhance patient careMaking the right diagnosisMaintain trust relationships particularlyamong pathologists

    It is almost never appropriate toJudge the first pathologists competencyunless you believe he/she is unsafe

    Undermine the first pathologists ability todo his/her job effectively

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    Healthcare delivery failure andpathology

    Pathologic misdiagnosis +dysfunctional healthcare system =catastrophic failure in health caredeliverySystemic and large-scale failure ofhealthcare can sometimes be traced tobad pathology

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    Gisborne cervical screeninginquiry (New Zealand)

    Dr Bottrill missed a case of cervicalcancer when reading a pap smearSuspected large-scale under-reporting ofpap smears in Gisborne health district inthe north island of NZPublic inquiry

    Cytology reviewTestimonySystemic reforms

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    Review of pap smears

    12,108 women22,978 pap smears reviewed

    616 women: ASCUS-H, HSIL, cancer

    5% of total patient population

    519 of 616 women: Misdiagnosed84% of high grades lesions missed

    Only 9 of 616 women: Lost to follow up

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    Gisborne: How did it happen?

    PathologistInsufficient skillLack of CME in cytology

    No biopsy correlationScreening system

    No quality assurance

    No proficiency or auditNo consist referral practices

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    How to be an ethical pathologist

    Good ethics comes as much fromthe search to be ethical as it doesfrom understanding ethics