Ethical Principles that Support Decision Making in Pain Management: The Case of Stopping Opioids
Faye M. Weinstein
Claudia Kohner
Steven H. Richeimer
New findings about long-term opioid use, as well as the new Centers for Disease Control and Prevention (CDC) Guidelines for Prescribing Opioids for Chronic Pain,1 are encouraging physicians to consider tapering or weaning opioid treatment for chronic pain patients.2,3 This process of weaning opioids can be difficult for both the patient and the physician. The physical difficulties are addressed elsewhere, but the ethical and emotional difficulties are rarely discussed. Although there is information in the literature about ethical considerations and establishing trust with a patient when starting a patient on opioids,4 we also need to understand the issues involved in stopping opioid medication in a manner that maintains physician-patient trust and ethical practice. Using a practical framework to address these ethical and emotional issues can help the physician avoid missteps that may result in disruption to the physician-patient relationship and may lead to unwanted results, such as patient lack of receptivity to other treatment options, patient difficulty with the titration regimen, and/or patient dissatisfaction.
Background
Gunderman,5,6 a physician who writes on the ethics of the business of medicine and leadership in medicine, has used Erik Erikson’s ideals as a platform for his formulations. Erikson is credited with contributions to the fields of psychology, religion, and ethics.7 Erikson’s version of the Golden Rule includes a “concern with universal justice and respect for the other, where every person deserves recognition and mutual regard.”8(p153)
Following Gunderman’s5,6 lead, the authors of this chapter use Erikson’s ethical theory to help guide the physician-patient relationship during opioid cessation. Case vignettes of physicians taking patients off opioid medication, along with analyses of the vignettes, are presented in order to guide the reader in ethical analysis grounded in Erikson’s ethical theory. Tools for building mutuality in the physician-patient relationship are also covered.
MEDICAL ETHICS AND ERIKSON’S GOLDEN RULE
Medical ethics is typically discussed in terms of autonomy, beneficence, and justice. The authors of this chapter believe that Erik Erikson’s approach will provide a more practical framework.
Erikson presented his theory of the Golden Rule at the George W. Gay Lecture Upon Medical Ethics, at Harvard Medical School on May 4, 1962. Erikson’s reformulation of the Golden Rule emphasizes mutuality between the physician and patient. For Erikson, medical ethics involves not only rational decision making but also ideals related to a higher good.9 Ethical acts are grounded in a sense of justice, a universal sense of responsibility toward all human beings, and the need for mutual respect and recognition.10 Erikson emphasized partnership and mutuality in the physician-patient relationship, which provide the opportunity for growth in both the physician and patient and bidirectional trust between physician and patient. For Erikson,10(p233) the Golden Rule encourages that “it is best to do to another what will strengthen you even as it will strengthen him—that is, what will develop his best potentials even as it develops your own.”
Two primary elements of Erikson’s Golden Rule are trust and mutuality.11 Investigating an ethical approach to a medical decision to stop the use of opioids begins with an understanding of these components of ethical practice.
TRUST
According to Erikson, over an individual’s life span, an “individual develops the propensity for ethics as he passes through eight (developmental) stages.”12(p171) Developmental experiences in infancy involving trust with caregivers form the bedrock on which the later seven psychosocial stages will be experienced.13 To develop a sense of trust, infants must be able to count on their caregivers to feed them, soothe them, arouse or quiet them when needed, and mirror smiles and babbles.14 In an optimal environment, the infant learns that the world is generally a safe and consistent place and that people are mostly “good.” The infant gains the strength of “hope,” which is the perception that, even if there is waiting, one’s needs will be met and other people can be relied on to be responsive to the one’s needs. Over the life span, trust is transformed and provides a guiding principle for daily life and relationships with others.15
However, people with less optimal early lives may learn that their needs will not be met and that people are unreliable; these individuals may develop mistrust in their relationships as adults. Chronic pain patients may have a greater likelihood of histories of early challenges in developing trust16 and, therefore, go through life burdened with vulnerability to mistrust.17
Trust is one of the central features of the physician-patient relationship.18 Sass, a philosopher and ethicist, states that “trust becomes the overriding principle and virtue that establishes and safeguards all expert-lay interactions, particularly in the clinic.”19(p354)
Patient trust in a physician manifests as the expectation that the physician will behave in a way that makes it safe for the patient to take the risk of sharing personal information. Dimensions of physician behavior on which patients are believed to base their trust in their physician are “competence, compassion, reliability and dependability, and communication.”18(p509) Pearson and Raeke18 identify the importance of interpersonal trust, the trust built through repeated interactions with a physician within which the patient learns over time that his or her needs will be met in a predictable and consistent way despite changes in the medical environment that may threaten trust.
O’Neill20 also describes trust building as a dynamic activity and views physician trust as a partnership. Physician trust in a patient is not only determined by the trustworthiness of the patient but can also be influenced by external factors, including media events, current research, racial bias,21,22 practices of
colleagues, and the physicians’ own experiences.23 With each patient, the physician’s trust is based on the assumption that the patient’s motive is pain reduction and improvement in function and that the patient is truthful in his or her self-report of symptoms and prior treatment. Trust is confirmed via observation of patient adherence to a treatment plan, patient efforts at participation in treatment, and prompt patient communication with the physician if problems arise.4
colleagues, and the physicians’ own experiences.23 With each patient, the physician’s trust is based on the assumption that the patient’s motive is pain reduction and improvement in function and that the patient is truthful in his or her self-report of symptoms and prior treatment. Trust is confirmed via observation of patient adherence to a treatment plan, patient efforts at participation in treatment, and prompt patient communication with the physician if problems arise.4
MUTUALITY
According to Erikson,10(p231) the relationship between the parent and the infant involves mutuality, which is a bidirectional process by which the “partners depend on each other for the development of their respective strengths.” Relevant to the focus of this chapter, Erikson10(p231) asserts, “The fact is that the mutuality of adult and baby is the original source of hope, the basic ingredient of all effective as well as ethical human action.” The parent tries to understand the variety of needs in the child in regard to soothing, eating, sleeping, and elimination. Parent and infant work to read each other’s signals and to learn to regulate the amount of time that passes between the expression of the need and satisfaction of the need. The work of creating mutuality of interaction and communication is characterized as a process of coordination, mismatch, and repair.24 Mutuality emerges from patterns of physical (e.g., eye gaze, proximity, offering food), verbal (patterns of speaking/vocalizing and responding), and affective (e.g., smiling) expressions. Erikson10 emphasized that through mutuality, the parent reinforces his or her own sense of trust or revisits issues of mistrust. Thus, mutuality is the focus on the relationship with others that becomes a source of information about one’s identity and interactions with others.
Over the life span, mutuality is not exclusive to parent-child relationships but manifests in different types of adult relationships, where mutuality means “personal recognition, joint work, effective communication, and understanding and respect for each other’s roles.”25(p741)
MORALS AND ETHICS
Erikson10 differentiated between morals and ethics, with ethics emerging developmentally later than morals. In early life, the child not only learns to trust whether needs will be met and comfort will be given. She or he also learns that caregivers are a source of limit setting. The child internalizes these prohibitions, forming the basis of morals, which are identified as behaviors based on fear of consequences, such as “threats of abandonment, punishment and public exposure, or a threatening inner sense of guilt, of shame or of isolation.”10(p222) In adolescence, an individual starts to transition from moral to ethical behavior, with behaviors and relationships based on rigid ideas and ideologic devotion (e.g., “all my friends do this”). Finally, in adulthood, the individual can become less ruled by rigid ideals and becomes more able to act and relate to others on the basis of individual worth and dignity. According to Erikson,10 this is the development of the “ethical sense.”
Erikson’s distinction between morals and ethics resonates with Smith and Newton’s26 three-phase evolution of physician ethics. According to these authors, the Hippocratic Oath was the initial structure for the physician-patient relationship with the “notion of authority,”26(p47) or paternalism, toward the patient. Following a cultural shift to individualism, the focus of ethical inquiry turned to patient autonomy, the second phase in Smith and Newton’s26 three-phase evolution of physician ethics. This led to rigid moral rules and formulas for the physician to follow in a heightened climate of the protection of patient rights. Smith and Newton26 consider this era as the “essential formative period”26(p44) for the emergence of the third phase in their three-phase evolution of physicians ethics, one that is focused less on applying rules and more on valuing “mutuality,”26(p56) “reflective experience,”26(p56) and “goals of human dignity and dialogue”26(p56)—concepts in line with the foci of this chapter.
TABLE 110.1 Criteria for Conceptualizing Physician-Patient Interactions during Opioid Cessation for a Chronic Pain Patient: Utilizing Erikson’s Golden Rule
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