08Joe, I apologize for the delay in responding to your last post.
joefromchicago wrote:If the medical profession doesn't address the ethical issues, then on what criteria do you base your ethical conclusions?
The medical community
does addresses ethical issues. In the case of routine infant circumcision (RIC), it appears that the AAP is ignoring some of those issues. I will expand on this below.
joefromchicago wrote:And that is because those purely cosmetic procedures are not medically necessary?
Purely cosmetic procedures are non-therapeutic when performed on a non-consenting individual. The criteria for performing cosmetic surgery is for the individual to gain a psychological benefit that outweighs the risks. Only the individual can give consent for, and benefit from, a strictly cosmetic procedure. If the individual's thoughts and feelings cannot be part of the decision then the psychological component of a cosmetic procedure cannot be determined.
joefromchicago wrote:I cannot see how the consent issue has anything whatsoever to do with the risk-benefit analysis (unless the risks and benefits are non-medical in nature). A risky operation is no less risky because the patient does not or cannot give consent.
It's not that the consent changes the risks or benefits. The benefits and risks change the criteria for proxy consent based on whether or not a procedure is therapeutic (or diagnostic). In the case of RIC (an invasive, non-diagnostic, non-therapeutic procedure), a guardian is not given the right to proxy consent.
"We now realize that the doctrine of "informed consent" has only limited direct application in pediatrics. Only patients who have appropriate decisional capacity and legal empowerment can give their informed consent to medical care. In all other situations, parents or other surrogates provide informed permission for diagnosis and treatment of children with the assent of the child whenever appropriate" -AAP Committee on Bioethics - Informed Consent, Parental Permission, and Assent in Pediatric Practice
The key being 'diagnosis and treatment(therapeutic) of children'. There is no right given for prophylactic(non-therapeutic) medical procedures.
joefromchicago wrote:Quite a few medical associations do not recommend routine neonatal circumcision, but then many of them do not discourage it either. ... since the medical organizations are not in the "ethics business," you cannot simply declare that their reports are ethically conclusive. The AMA, for instance, leaves the decision largely in the hands of the parents. The American Academy of Family Physicians and the British Medical Ass'n are similarly deferential to the parents' decision. If you, therefore, are to argue that parents who circumcise their sons act unethically because no medical organization recommends the procedure, then you are clearly going beyond the parameters of at least some of those organizations' recommendations. And it is at the point that you depart from their recommendations that you are asserting a different ethical standard. That standard, it turns out, is your standard, not the medical organizations' standard. As such, you must, at the very least, articulate some standard by which parents act unethically when they authorize a procedure that is neither recommended nor discouraged by the medical profession.
Medical organizations ARE in the ethics business. The AAP's policy on circumcision is out of sync with the medical community at large and even other policies within the AAP itself. What we have is no major medical organization in the world that recommends RIC (or ever has, to my knowledge) and some that recommend against it. Just the fact that a medical procedure is not discouraged by some medical organizations does not mean it meets the requirements of a therapeutic procedure. In fact, according to the AAP, RIC is a non-recommended, non-therapeutic, elective surgery with no proven net benefit. The Council on Scientific Affairs of the AMA has recognized RIC as a non-therapeutic, elective procedure. The AAP and ACOG both have stated "There are no medical indications for routine neonatal circumcision". The Agency for Healthcare Research and Quality's "U.S. Preventive Services Task Force" has not recognized circumcision as a preventive procedure. The American Cancer Society and the American Urological Association do not recommend RIC as a preventative procedure.
There is a real ethical dilemma when presenting an invasive, preventive, procedure where the benefits do not outweigh the risks. This is compounded when there are less invasive options available to gain similar benefits while virtually eliminating all of the risks of the circumcision procedure itself. Because RIC is non-therapeutic it has been dropped from a number of state medicaid programs, some private insurance, and from the British and Canadian national health services. The burden of proof for performing RIC rests on the ones promoting the procedure. They have failed to make their case.
RIC is an ethical violation based on the following:
1) Violates the primary tenet of medicine: "First do no harm" and the AMA's Code of Ethics Principle 4 (rights of patient). RIC is an invasive, prophylactic, procedure with no recognized medical net benefit, that violates the inherent bodily integrity, security of the person and freedom from unnecessary medical procedures.
2) Violates the AAP's Workgroup on Breastfeeding recommendation that "Procedures that may interfere with breastfeeding or traumatize the infant should be avoided or minimized". There is no medical indication for RIC which is a traumatic surgery.
3) Violates the AAP's joint statement from the Committee on Fetus and Newborn, Committee on Drugs, Section on Anesthesiology, Section on Surgery Prevention and Management of Pain and Stress in the Neonate that painful procedures should be avoided. There is no medical indication for RIC which is a painful procedure, even with anesthesia.
4) Violates the AAP's Committee on Bioethics statement that "Every child should have the opportunity to grow and develop free of preventable illness or injury" and violates the AMA's First Principle of Medical Ethics, that the doctor must respect the human dignity and the rights of the patient. RIC injures healthy, functional, tissue without medical cause and violates the inherent right to to be free of physical injury.
5) Violates the AAP's Committee on Bioethics statement that the doctor's first priority is to the child's needs and not the guardian's wishes. This also violates the AMA's Principle 3 that the doctor's legal responsibility is to the patient. As stated above, guardians only have an ethical right to give proxy consent for therapeutic or diagnostic procedures. The AAP's policy on circumcision violates there policy on bioethics by giving discretion to parents for invasive, non-therapeutic, procedures.
6) Violates the AAP's Section on Urology that states that genital surgery should be avoided during the first six weeks of life when it can interfere with bonding. Virtually all RIC is performed within the first 8 days of birth and most within the first 48 hours. Since there is no medical indication for RIC it should be avoided.
7) Violates the AMA's Council on Ethical and Judicial Affairs Principle 8, that doctors regard their responsibility to the patient as paramount. When non-medically indicated circumcision is done at the request of the parent, the parent's desires are put above the doctor's relationship to the child-patient. A US Supreme Court opinion expresses this as: "Parents may be free to become martyrs themselves. But it does not follow that they are free to, in identical circumstances, to make martyrs of their children before they have reached the age of full and legal discretion when they can make that choice for themselves."
8) Violates the AAP's Committee on Bioethics' provision for accurate and unbiased information("informed consent") and violates the AMA Principle 2 that doctors deal honestly with patients. The AAP policy on circumcision and informational handouts do not address the ethical issues, adverse sexual and psychological effects of circumcision, and the benefits and risks or alternative treatments. While at the same time they emphasize benefits that are so minimal that they cannot possibly justify an invasive routine procedure.
Where there is a conflict between legal procedures and ethical concerns, the ethical concerns rise above the legal principles: "Ethical values and legal principles are usually closely related, but ethical obligations typically exceed legal duties." AMA Medical code E-1.02 The Relation of Law and Ethics.
Physicians have an obligation to to not perform unnecessary procedures: "Physicians should not provide, prescribe, or seek compensation for services that they know are unnecessary." AMA Medical code E-2.19 Unnecessary Services.
There is no provision for providing invasive prophylactic treatment where there is no medical indication. E-8.20 Invalid Medical Treatment.
A lot of clarity can be seen in the most recent statement on circumcision from a major medical organization:
"Infant male circumcision was once considered a preventive health measure and was therefore adopted extensively in Western countries. Current understanding of the benefits, risks and potential harm of this procedure, however, no longer supports this practice for prophylactic health benefit. Routine infant male circumcision performed on a healthy infant is now considered a non-therapeutic and medically unnecessary intervention." COLLEGE OF PHYSICIANS & SURGEONS OF BRITISH COLUMBIA - Infant Male Circumcision