Chapter 107 The Ethics of Wilderness Medicine
Ethics is the application of moral values and principles to guide human action. Providing care for others often involves intense human interactions and health care providers must frequently examine ethical issues in their work. Although the moral issues in wilderness medicine are an extension of traditional medical ethics, they are not directly comparable with the moral issues that arise either in medicine delivered in health care facilities or the care delivered by urban emergency medical services. Wilderness medicine is unique, and its special attributes create unique ethical problems (Table 107-1). The working environment, concepts that involve standards of care, safety of the rescuers and patients, and even the relationship between the provider and the patient are different in a remote environment than in a traditional medical setting. For example, a hospital’s working environment is rarely a factor considered by the hospital-based practitioner in the determination of what medical care to deliver, but the working environment is of major concern in the wilderness. Similarly, whereas patients usually have a clear legal relationship with the hospital practitioner and arrive requesting care, neither condition is necessarily true in the wilderness setting. Even more striking are the differences between the hospital and the wilderness settings with regard to equipment availability, personnel training, the need for evacuation or rescue, and the provision for the safety of those involved. All of these differences can lead to unique ethical dilemmas in wilderness medicine.
Application of Values and Principles to Guide Human Activities
Sources of Values
Moral values are the guideposts used to structure an individual’s actions in life. They signify a person’s duties and responsibilities, what is important to them, and how they interact with others. Thomas Aquinas said that there are three vital things for each person: “to know what he ought to believe; to know what he ought to desire; and to know what he ought to do.”1
Professional schooling and interactions further refine how a person’s values are applied. For example, one reason that medical students take anatomy courses is to destroy an ingrained cultural value against mutilating the dead. This allows them to accept and acquire the values of beneficial mutilation (i.e., surgery), handling the dead (i.e., resuscitation, pathology, transplantation), and invading another’s body (i.e., invasive medical procedures).9 In addition, when exposed to clinical practice, medical students, nurses, medics, and other health care providers learn to adopt the values of their preceptors. In any residency program, trainees learn intrinsic professional values, and the majority of trainees behave remarkably like the faculty.
Values in Modern Biomedical Ethics
The concept of comparative or distributive justice suggests that all individuals and groups in society should share equitably in the benefits and burdens of that society. Many society-wide decisions about the allocation of limited health care resources are based on this principle. However, it is a fallacy to extrapolate from this valid principle the idea that individual clinicians can arbitrarily limit or terminate care on a case-by-case basis simply because there exists a need to limit resource expenditures.15
Values Applicable to Wilderness Medicine
Safety or Security
The ethical question here is how much risk and responsibility untrained volunteers have in this type of wilderness crisis. A second issue that has to be considered is the capability of the group to attempt a rescue without endangering themselves and possibly creating the need for a second rescue. As a member of the hiking group, the father in this situation had a responsibility to help; however, because he was technically incapable of the rescue, his only responsible avenue of action was to seek help. Alternatively, bystanders have no fundamental responsibility to help or to assume any risk beyond what they are willing to assume. The man who agreed to be lowered into the crevasse would have been acting ethically if at any point in the rescue attempt he had signaled to the group to pull him up without helping the victims or if he had walked away and not allowed himself to be lowered into the trench in the first place. Despite entreaties from others, bystanders need not justify their participation or nonparticipation to anyone but themselves.20
In contrast, Ernest Shackelton, the appointed leader of a 19th-century attempt to be the first to reach the South Pole, had the responsibility to do his utmost to see his men safely home. During the voyage, their ship broke up in the ice, and the men had to pull lifeboats over ice to reach open sea while struggling against all odds to reach safety. Shackelton’s steady and undaunted leadership is credited with helping all of his men to reach safety.16
A unique ethical problem that arises in wilderness settings—and that has often led to disasters—is when the team (especially the nonmedical team leader) ignores or overrides the medical person’s decision. Individual team members have been harmed and multiple team members lost because factors other than the team members’ safety and well-being were given priority.14,22 Heeding the demands of safety is especially important, because the majority of people who are in the wilderness have risk-taking personalities, leading them to downplay security in favor of adventure.
Utility
The ultimate application of utility in remote settings was described in the great survivor story of the men of the Essex; this is the doomed whaling ship that was the basis for Herman Melville’s Moby Dick.21 As was common after shipwrecks, the men drew lots to decide who would be sacrificed and die so that the others in the small boat could live a little longer without starvation.24 One can argue that, if all of the men consented to this process, then it was ethical, but the very nature of the situation put each man under such extreme duress that it would be questionable if any man’s consent could be considered voluntary. In these types of extreme circumstances, the ethics of draconian decisions such as survivor cannibalism are always fraught with paradoxic ethical dilemmas.9
Decision-Making Capacity and Consent
Many ethical dilemmas in emergency medical care revolve around ascertaining a patient’s decision-making capacity, often linked with consent to—or, more often, refusal of—a medical procedure. Because a basic canon of both ethics and law, as stated by Justice Cardozo, is that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,”23 these decisions about what action to take can often be made clearer by understanding what is meant by the term decision-making capacity and how it relates to consent. (Note that the word competent is often used when capacity is really what is meant. Competent, meaning, “possessing the requisite natural or legal qualifications,” is a legal term; competency can be determined only by the court.19)
Capacity is always decision-specific rather than global. To have adequate decision-making capacity in any particular circumstance, a person must understand the available options and the consequences of acting on the various options, and he or she must be able to compare any chosen option against the costs and benefits related to a relatively stable framework of personal values and priorities3,4 (Box 107-1). This last requirement is the most difficult to understand and requires a subjective interpretation. The easiest way to assess it is to ask why the individual made such a decision. Disagreement with the physician’s recommendation is not in and of itself grounds for determining whether a person is incapable of making his or her own decisions. In fact, even the refusal of lifesaving medical care may not prove that the person is incapable of making valid decisions if it is made on the basis of firmly held religious beliefs (e.g., a Jehovah’s Witness refusing a blood transfusion).
BOX 107-1
Components of Decision-Making Capacity
From Buchanan AE: The question of competence. In Iserson KV, Sanders AB, Mathieu D, editors: Ethics in emergency medicine, ed 2, Tucson, Ariz, 1995, Galen Press.
A person must be permitted to consent to or to refuse any medical intervention if he or she has decision-making capacity for that decision and if the clinician respects the patient’s autonomy. Three general types of consent exist: presumed, implied, and informed. Presumed consent, sometimes called emergency consent, covers the necessary lifesaving procedures that any reasonable person would wish to have if he or she was lacking decision-making capacity; controlling hemorrhage and securing an airway in an unconscious victim of a fall are common examples. Implied consent is when a person with decision-making capacity cooperates with a procedure, such as holding out an arm to donate blood or to allow initiation of an intravenous line. Informed consent is when a person who retains decision-making capacity is given all of the pertinent facts regarding the risks and benefits of a particular procedure, understands them, and voluntarily agrees to undergo the procedure.11
Bioethical Decision-Making Process*
CHOOSING an Action in the Standard Setting
Jonsen and colleagues12 have suggested four groups of factors to consider when determining a course of action in the face of a bioethical dilemma in the standard clinical paradigm. These include the medical indications for the action, the patient’s preferences, consideration of the quality of life, and other contextual factors. These can be seen as an “ethical square,” with the top two boxes (i.e., the first two factors) having more weight (Figure 107-1).