Comment of the Day: “‘The Ethicist’ and the Doctor”

"Your secret is safe with me, but I have to ask...what that stolen Renoir doing up there?"

“Your secret is safe with me, but I have to ask…what that stolen Renoir doing up there?”

Jeff Long scores his first Comment of the Day with a welcome excursion into the thickets of medical confidentiality. As I expected, many readers were troubled by my support of strict patient-doctor confidentiality as dictates by AMA medical standards. Jeff does an excellent job elaborating on why I (and the professions like law, medicine and the clergy) take the position they do. In professional relationships, trust is essential, and you can trust professions that approve of breaching confidentiality when a damaging secret is involved.

Here is Jeff’s comment, on the post “The Ethicist and the Doctor.”

“First, with regard to Matthew’s example of the cheating spouse who contracts an STD, I think it would probably be difficult to come up with a better example of “the system working as intended.” In the world where doctors respect confidentiality, at least one person gets treated. In the world where the doctor blabs to the world (or at least, to the spouse), there’s a good chance that nobody does. In fact, if the cheater forgoes treatment out of fear of exposure, s/he is putting the spouse at even GREATER risk than in the former scenario, since the STD goes untreated and has a larger window in which to infect the spouse. Certainly, the ideal world is the one where the cheater gets treated AND confesses to the spouse, but the onus for that lies with the cheater. It’s not the doctor’s place. Continue reading

“The Ethicist” and the Doctor

It's all Greek to "The Ethicist"!

It’s all Greek to “The Ethicist”!

The third New York Times writer to take over the mantle of “The Ethicist” column, Chuck Klosterman, may be the most reliable yet, but he ended up wandering into the ethical weeds in his recent advice to an ethically-perplexed doctor, and engaging in advice column malpractice.

A physician asked him what was his ethical course when a patient divulged to him that his persistent headaches may have arisen from the stress of keeping a secret: he was responsible for a crime that had been pinned on an innocent man. Before the consultation, the doctor had promised his patient that “whatever he told me would not leave the room.”  Now the physician was having second doubts, and wondered if he was right to keep the confidence to his patient at the expense of an innocent man’s freedom and reputation.

Klosterman’s answer:

“I would advise the following: Call the patient back into your office. Urge him to confess what happened to the authorities and tell him you will assist him in any way possible (helping him find a lawyer before going to the police, etc.). If he balks, you will have to go a step further; you will have to tell him that you were wrong to promise him confidentiality and that your desire for social justice is greater than your personal integrity as a professional confidant.”

First of all, I don’t understand why a doctor is asking this question to a newspaper ethicist unless he doesn’t like what professional and medical ethicists are telling him. Klosterman, in reaching his reasonable-sounding but flat-out wrong reply, simply discards the concept of professionalism, beginning with the Hippocratic Oath…. Continue reading

The CBS-White House Fraternal Connection: THAT’S An Apearance of Impropriety…So Now what?

OK, so they're brothers. What makes you think they're in cahoots?

OK, so they’re brothers. What makes you think they’re in cahoots?

What are we to make of these facts?

  • The Benghazi talking points prepared by the CIA went through 12 revisions before they were revealed to the press and the public. The White House was  involved in that process, and the original references to a terror attack were removed. President Obama’s deputy national security advisor, Ben Rhodes, was instrumental in this.
  • CBS News executives are reportedly upset with award-winning CBS reporter, Sharyl Attkisson, who has, almost alone in the mainstream media, continued to investigate and report on the Obama administration’s controversial handling of the Benghazi terrorist attack in Libya, including the apparent obfuscations regarding its cause. Attkinson is having trouble getting her reporting aired, and her position may be in peril.

Angel Hernandez’s Botched Home Run Call, Continued: Now THIS Would Justify Over-Ruling It

"You blew that call deliberately! Didn't you? DIDN'T YOU???"

“You blew that call deliberately! Didn’t you? DIDN’T YOU???”

Yesterday I wrote about the terrible, tomato-worthy botch of a home run call by Angel Hernandez in an Oakland-Cleveland baseball game, and how as bad as it was, the rules of the game don’t permit such rules to be over-turned, and thus over-turned they must not be, lest the game’s integrity be damaged. But on the Dan Patrick radio sports show today, renowned baseball writer Peter Gammons theorized that Hernandez may have refused to credit Adam Rosales of the A’s with a home run, despite the instant replay proving to anyone with eyes that it was not a double as he had ruled, because he, like many if not all major league umpires, hates the concept of allowing instant video replay to over-rule umpire judgments.

And, of course, Hernandez has a well-earned reputation as a spiteful jerk.

Hernandez would never admit to so unprofessional an act, but I think Gammons’ speculation is fair, and also very possibly correct. The alternative is to conclude that Hernandez literally can’t see, which seems unlikely. What seems far more likely is that he and his umpiring crew decided to register a nasty and unprofessional protest over the gradually expanding trend in Major League Baseball of letting technology do better what umpires have traditionally done well. Continue reading

Read It And Weep: The Reader’s Digest 100 Most Trusted Americans

Here are the results of a Reader’s Digest poll of “over a thousand” citizens to determine who Americans trust, ranked #1 through #100.

A few observations: Continue reading

Unethical Quote of the Week: Lauryn Hill

“I was put into a system I didn’t know the nature of…. I’m a child of former slaves. I got into an economic paradigm and had that imposed on me. I sold 50 million units…Someone did the math, and it came to around $600 million. And I sit here before you trying to figure out how to pay a tax debt? If that’s not like enough to slavery, I don’t know what is.”

Singer-songwriter, actress, rapper and hip-hop artist Lauryn Hill, complaining to the judge as she was sentenced to three months in prison and a $60,000 fine for failing to pay taxes on her earnings of approximately $1.8 million between 2005 and 2008.

slave couple

Lauryn Hill’s parents. OK, not really. Metaphorically, perhaps. You better ask Lauryn.

Now let’s see…Hill’s statement is…

  • An abdication of responsibility. Hill has been in the entertainment business, and wonderfully successful at it, since she was 18 and landed a continuing role on the soap opera, “As the World Turns.” Few “know the nature of” the strange world of stardom, agents, performing contracts and the rest that goes with the highest levels of American show business when they enter it, but most manage to learn the basics, and most also manage to pay their taxes. Hill has had plenty of time to learn “the system,” whichever one she was referring to. She is also a native-born natural citizen, and I’m sure the reality of income taxes didn’t escape her notice for all these years. Continue reading

Howard Kurtz And The Critic’s Dilemma

David Niven would understand, Howard.

David Niven would understand, Howard.

The Daily Beast has canned Howard Kurtz, the only current official news media critic in captivity, and now CNN, long the home of Kurtz’s “Reliable Sources” panel show that reviews the media’s choice and manner of news coverage during the week, is “reviewing” his status with that show as well. The sudden downturn in Kurtz’s fortunes is, we are told, the result of an accumulation of mistaken stories, missed facts and sloppy reporting of his own. I’ll buy that explanation, but there is more here too.

Kurtz’s departure was overdue. I have followed him for years, and his coverage, as I have pointed out periodically, was unacceptably politically slanted for a quasi-journalism ethicist. A typical performance was when he recently criticized —correctly—Republicans who were (and are) trying to twist the Boston bombing tragedy into an argument against immigration reform. In a reply to a comment on the recent Ethics Alarms post on the same topic, I noted that media commentators who saw nothing wrong with the Democrats using a Newtown massacre that would not have been altered in any way by background checks to push for more gun controls were suddenly applying the correct standards to a similar conservative manipulation of the Boston Marathon attack: Continue reading

Concept Stealing Or Creative Evolution? “The Trip To Bountiful” Controversy And The Ownership Of Conceptual Innovation

"Pay up! Timothy Wilson owns that color!"

“Pay up! Timothy Wilson owns that color!”

The late playwright Horton Foote’s gentle drama (all of his dramas are gentle, come to think of it) “The Trip To Bountiful” is being revived on Broadway, and is stirring up the kind of nasty controversy he would have detested. (You probably know Foote better as the screenwriter who brilliantly adapted “To Kill A Mockingbird” into the classic movie it became.) The production has an all-black cast starring Cicely Tyson, and some are arguing that director Michael Wilson stole the idea of presenting Foote’s tale as the story of an African American family.They also claim that he owes Timothy Douglas, the professional director who first staged the play this way (in Cleveland, in 2011) public acknowledgment, and possibly compensation. Alisa Solomon lays out the theatrical ethics controversy here, and explores many related issues, including the murky distinction between colorblind casting and non-traditional casting.

As an ethicist and a professional stage director, I have a simple and direct answer for what Solomon seems to believe is a complex question: Baloney. Continue reading

Ethics Dunces: Bismarck, N.D. Supporters Of A.J. Clemente, The Obscene Ex-Newscaster

A.J. Clemente.

A.J. Clemente.

In an earlier post I referenced A.J. Clemente, a newscaster for KFYR-TV in Bismarck who debuted in his new role by saying “…fucking shit!” on the air, because he didn’t know his mic was on. Not surprisingly, he was fired. Now, apparently, many viewers have come to his defense and are admonishing the station for being too harsh.

The station is not being too harsh. The station is upholding correct professional standards, and removing an unprofessional employee whom they do not trust and have no reason to trust. The episode showed him to be careless, reckless and, obviously, subject to obscene outbursts, which only are appropriate if you are David Ortiz. Ah, but some of the good citizens of Bismarck, displaying the same entrenched ethics cluelessness that led to the nomination of the ridiculous Mark Sanford, ex-Romeo governor, to lose a GOP House seat in South Carolina, don’t comprehend accountability, trustworthiness or responsibility, because to them, the only values that matter are forgiveness and compassion. The technical terms for such people are “patsies” and “marks.” They would cripple society, business and government with their mindless, deadly niceness. Examples: Continue reading

Ethics Dunce + Incompetent Elected Official = Censorship In North Carolina

Thank-you. I see no reason to believe that your funding is in any jeopardy, by the way."

Thank-you. I see no reason to believe that your funding is in any jeopardy, by the way.”

Central Carolina Community College pulled the plug on a public affairs  talk show airing on its radio station after a legislative assistant for State Rep. Mike Stone complained about an online post by one of the show’s hosts, criticizing the  Sanford, N.C. Republican.  Susan Phillips, Stone’s legislative assistant, wrote the school’s president, T.E. “Bud” Marchant, with pointed questions about the program’s affiliation with the school, funding sources, and budget.  Central Carolina Community College is one 58 community colleges in North Carolina that depend on the  legislature for funding, and Stone’s message was received loud and clear. Marchant shut down the show, known as “The Rant,” two days later. He also denied that Stone’s interference had anything to do with it.

Sure.

There shouldn’t be any question over what happened here. An elected official in a supposedly democratic nation decided to abuse his position and power as well as violate his oath of office  by using veiled threats and intimidation to stifle Constitutionally protected criticism of his job performance, and a craven educator caved to his pressure, violating his duty of respecting academic freedom and standing against efforts by the state to stifle free speech and political dissent. Marchant, if he had even a rudimentary backbone, would have told Stone’s minion to back off and reported this clumsy attempt at extortion to the area’s news media. Stone, if he had any integrity or respect for the founding principles of the United States, would have taken “The Rant’s” host’s criticism like an adult and a believer in free speech, and responded with a defense or a rebuttal, not by leaning on the radio station’s management. As for Marchant’s incredible claim that Stone’s complaints and the show’s demise were unrelated, even if that were true, his creating the appearance of censoring campus speech in response to government disapproval would be nearly as offensive as censorship itself, because it would still have the effect of chilling First Amendment rights.

I’m certain, considering what appears to be the generally low quality of state legislators across the country (which figures, given the abysmal quality of national legislators), that this kind of thing occurs far more frequently than we know. Let’s see if Stone’s bedrock, conservative supporters are sufficiently offended by his efforts to use government power to muzzle adverse opinion, and send him on a new career path. My guess? This incident won’t make any difference to his election chances at all, if voters like Stone’s politics and believe the radio host is a nettlesome lefty. We are constantly told how much of the country is willing to dispense with the Second Amendment, as if that proves that amendment is archaic. Sincere public support for the First Amendment is similarly shaky.

All right, let us agree that both legislator and college president are unqualified for their positions by virtue of their abandonment of their ethical obligations in their respective roles—Stone’s duty to respect free speech and observe proper limits on government power, Marchant’s duty to protect academic freedom and oppose government efforts to stifle free expression. That still doesn’t justify the elitist coverage of this story by Jonathan Turley, whose blog post first alerted me to it. For some reason, the noted civil rights expert and law professor believes that it is Stone’s wan academic credentials and humble work experience that explain his bullying tactics. Why else would Turley feel it is germane to note that Stone lists his education as ‘“Attended, Accounting, Central Carolina Business” and lists his experience as “Business Owner, O’’Connell’s Grocery Store”’ ? Why is any of that relevant? The law school professor is evidently a bigot, and believes that one’s ethical instincts and character are directly proportional to one’s degrees and work experience.

Rep. Stone is a citizen of the United States, and like every citizen, should be presumed to know about the Four Freedoms whether he graduated from Harvard or the School of Hard Knocks. There are plenty of well-credentialed bullies, fools and ignoramuses in elected office. It is sufficient to judge Stone by what he did; Turley’s implied ridicule of his educational and work background is a cheap shot, and reflects badly on the commentator, not his target.

_____________________________

Pointer: Res Ipsa Loquitur

Facts: NC Policy Watch

Graphic: Pozniak