March 18, 2010 - by Paul Hsieh
President Obama’s health care “reform” plan has been criticized for   being economically unsustainable,  politically unpopular, and constitutionally suspect.  But for many practicing  physicians like myself, his plan contains an  even greater but  seldom-discussed flaw that overshadows those others.  ObamaCare would  fatally compromise doctors’ ability to uphold their  Hippocratic Oath to  treat their patients according to their best  judgment and ability.
 Whenever the government attempts to  guarantee “universal health  care,” it must also control that service, if  only to control costs.  Hence, it will inevitably seek to control how  doctors practice.  Accordingly, the White House Council of Economic  Advisors has recommended controlling  costs through “performance  measures that all providers would  adopt.” Physicians who strayed too  far from government “comparative  effectiveness” practice guidelines  would be punished as “high end  outliers.”
 This will place your doctor’s medical conscience  directly on a  collision course with government bureaucrats.
 If  you developed severe abdominal pain due to gallstones, who should  decide  whether medication or surgery would be the best treatment for  you? The  doctor who felt your abdomen, saw your ultrasound, and knows  your drug  allergies? Or a bureaucrat who has never met you, never went  to medical  school, and is quoting “comparative effectiveness”  guidelines from a  book?
 Yet if that bureaucrat decides that your doctor is  performing more  surgeries than government guidelines allowed, then your  doctor could  face punishment — even if surgery would be the best choice  for you as  an individual patient. Your doctor would be forced to choose  between  following his conscience and treating you to the best of his  ability —  or following a bureaucrat’s decree. In essence, he would be  punished  for upholding his Hippocratic Oath and rewarded for violating  it.
 Such ethical dilemmas have already arisen for doctors  practicing in  other countries with government-run “universal health  care,” such as  Great Britain and Canada.
 In 2008, a scandal  erupted in Great Britain when the public learned  that the government-run  National Health Service had paid bonuses to family  physicians who reduced the  number of patients they referred to  specialists. According to the Telegraph,  “A leading surgeon  said that patients’ cancers had already gone  undiagnosed after they were  denied specialist care under two such  ‘referral management’ schemes.”
 If  you physician feels a suspicious lump in your abdomen during a  routine  physical exam, do you want him to hesitate — or even worse,  ignore it — for  fear of losing his bonus because he referred too many  patients to an  oncologist?
 Similarly, nearly one in four British oncologists  admitted to deliberately withholding information from their  patients about treatments widely available in other European countries,  but not  allowed under the NHS system due to cost. These oncologists  argued that  “there was ‘no point’ in discussing treatments their  patients could not  have” and that such a discussions might “distress,  upset or confuse”  their patients.
 But patients rely on their physicians for  information about  treatment options — including an honest appraisal of all  the risks,  benefits, and alternatives — so they can make fully-informed  decisions  about their lives. Failure to disclose such information is a  serious  breach of a doctor’s Hippocratic Oath.
 Government-run  medicine thus pitted doctors against their patients  in an ethically  perverse situation. Physicians, prohibited by the  government from doing  what they actually thought was best for their  patients, had to decide  whether they should conceal medically important  information from their  patients. Patients were placed in a position of  not knowing if their  doctors were being fully truthful with them. The  result was rationing  not only of medical care, but of medical information.
Canadian  doctors have been placed in a similar ethical bind due to  government  control of scarce hospital beds and operating-room time  through its  infamous system of “waiting lists.”
 One Canadian doctor told  documentary filmmaker Stuart Browning that  if a surgeon was too  persistent in requesting operating-room time for  his patients, he could  be disciplined as a “disruptive doctor” and have  his already limited operating-room time reduced  even  further. In other words, the surgeon would be forced to  choose  between upholding his Hippocratic Oath to his patient and  maintaining  his capacity to practice medicine.
 Similar problems are  threatening to develop in the United States as  well.
 Ever since  Massachusetts adopted its “universal coverage” plan in  2006, state health  spending has skyrocketed. In  response, a special state commission  has proposed controlling costs by  eliminating the standard  fee-for-service system of medical  reimbursement and instead requiring  the government or private insurers  to pay doctors and hospitals an annual fixed fee for the  medical care of each  patient. Proponents claim this would give  providers an incentive to  improve efficiency and eliminate unnecessary  tests and treatments.
 But in practice, this would create an  incentive for physicians and  hospitals to provide as little care as  possible. Under the  Massachusetts proposal, if your care costs less than  your annual  allotment, then the providers would keep the unused  portion. If your  care costs more, then the difference would come out of  their pockets.  Such a system thus pits your doctor’s interests against  your own.
 Suppose the state had already paid out 90 percent of  your annual  allotment. You then see your doctor for a severe headache.  He examines  you, peeks at the balance on your allotment, and says, “No  need for an  expensive MRI scan of your brain. Just take two Tylenol and  call me in  the morning.” Can you be sure that he is giving you his best  medical  advice?
 Even if a doctor conscientiously attempts to  practice in his  patients’ best interests, his decisions will inevitably  be questioned  by hospital administrators:
 Does Mrs. Jones  really need another ultrasound test?  Can’t you use a cheaper antibiotic  for her infection? Isn’t she stable  enough to go home today, rather than  spend another expensive night in  the hospital? We’ve already burned  through the money allotted to take  care of her this year. Anything else  we do for her puts us in the red.
 Your doctor will thus be  forced to constantly balance your interests  against the demands of a  government-beholden bureaucrat who might be  deciding whether or not to  renew his practice privileges.
 Because the ObamaCare plan is  closely modeled after the  Massachusetts plan, the problems unfolding now  in Massachusetts are a  preview of what the rest of the country could  soon expect under  ObamaCare.
 The great evil of “universal health  care” is not that it allows a  few bad doctors to cut a few medical  corners. Instead, the evil is that  it routinely punishes good doctors for  their medical virtues and  rewards them for their vices. Under  ObamaCare, conscientious physicians  will have to waste untold hours  avoiding detection, arguing with  bureaucrats, and defending their  actions while their less conscientious  colleagues will just follow  orders, punch a clock, and go home.
 Do we want a government-run  medical system which forces doctors to  choose between treating their  patients in accordance with their best  judgment or sacrificing their  patients to keep their jobs?
 Or do we want free-market reforms that will  allow doctors to do  what doctors are supposed to do — namely, uphold  their Hippocratic Oath  to take care of their patients to the best of  their judgment and  ability?
 Our elected officials are deciding  that question right now. If you  value your life, let them  know what you think.
 [This  essay is adapted from a forthcoming article in the Spring 2010 issue of The Objective  Standard  entitled, "Government-Run Health Care Vs. The Hippocratic  Oath."]
 
Nice job Crush, really good.