Tuesday, December 11, 2007

Exculpation via medicine?

“Full willing was he to give penaunce
There as he wist ye have a good pittaunce”


With these words Chaucer damns the Pardoner in Canterbury Tales. In this essay I want to damn his latter day followers who in this secular age indulge their patients by supplying them with that modern equivalent of indulgences, the doctor’s note.

Indulgences were sold to achieve expiation and exculpation from sin. Convenient for the sinner, and profitable for the Church. Unfortunately they came to be sold widely and cheaply for profit, and eventually there arose scepticism as to whether St Peter would read them at the Pearly Gates Clinic for Reformed Sinners. Indeed there even grew up a view that he might treat such papers with contempt, as showing a lack of integrity and no effort at all at any kind of thinking, let alone the hard thought needed for repentance. Shakespeare described it thus

“I knew one Devil, that could equivocate in either scale, against either scale, but still could not equivocate to Heaven”

How many of us poor medical devils, the modern world’s secular clergy, are trying to equivocate in various scales against various scales to various outside bodies on behalf of our patients? What notes do our medical notes strike?

The main function of our medical notes is exculpation, to get someone else off the hook about deciding about something. Should I let this lady into the Jacuzzi? Better ask the doctor, just to be safe. Eric Wilkes pointed out that GPs are ideally placed both to be reassuring and to take blame when reassurance turns out unjustified. Better safe than sorry and you cannot be too careful nowadays can you? Actually yes you can, and if this is the way the public behaves, then patient empowerment as a goal of policy is an utter delusion.

The drive in our times is to avoid consequences, avoid responsibility and to be reassured. We seek to avoid our own version of the Garden of Gethsemane, and to have every cross taken away from us. “Ooh you might get splinters,sir, and there’s a tetanus risk from those nails. It is rather a heavy burden to carry isn’t it?”

Yes it is, and that is precisely why it matters to carry responsibility, to learn to handle consequences. Life, health, vitality, and empowerment all depend on accepting the responsibility to accept consequences. Accepting feedback is the way of learning, and achieving growth. Anything which stops us from doing this is acting against us achieving our potential and is fundamentally unhealthy to us.

Our current culture is discouraging us from doing any of those things, and this diminishes us as people, diminishes us as a society, and leads to a general feeling of helplessness. This feeling of helplessness then drives another round of seeking advice just in case, more avoidance behaviour and return for extra reassurance. Have you wondered how the more reassuring you are the more people return to you for more reassurance? Of all disciplines medicine is the least reassuring. It describes tens of thousands of diseases by which you can die and no way of being healthy. Why does anyone come to a doctor for reassurance? We cannot give it with conviction, we know too much, and present fears can easily turn into horrible imaginings. To all the neurotics who are worried they might have a disease, don’t worry as one day you are sure to be proved right.

The drive for a doctor’s note is the symptom of this epidemic neurosis in our surgeries. The demand for secondary confirmation of every statement shows just how afraid we have become of other people and our judgement as to whether they are honest or not. We trust neither ourselves nor others and instead we turn to the doctor to bail us out.

What doctors haven’t told you yet is that they don’t believe half what they hear in their surgeries. We repeat what the patient has told us to outsiders. (with patient consent of course, but confidentiality seems of very low value when someone might get an insurance payout or more benefit by telling all and sundry about their dreadful disease!)

We have no independent means of knowing whether the patient is telling us the truth or not. So our comments about a patient’s capacity for anything should not be taken as pure truth. The doctor cannot act as honest broker about illness and its effects and we need to step back from accepting this role that society is trying to thrust onto us.

At a time when we are being scrutinised to provide ever quicker access to the doctor we really need to ask the question “Access; for what?” These note requests are absurd, and a misuse of doctors’ time and energy. They are increasingly common and taking up a lot of appointments unnecessarily. They distract NHS staff time and energy away from clinical and organisational priorities (e.g. NSFs, diagnosing and managing illness) and squander it on useless paperwork that really achieves nothing for anyone. Is this really the kind of service Gordon Brown thinks he is buying with all the billions he is pouring into improving the NHS? Is this what the treasury and DOH want to achieve? A service that acts as universal excuse generator for patients, employers and councils? Another cog in the great bureaucracy of British life.

“These things must not be thought of after this way. Methinks it will make us mad” So said Macbeth, and I think he was right. We need to get out of this idiotic dance of asking doctors to arbitrate on things they know next to nothing about. Stop asking us to make decisions for other people and organisations who could, should, and actually do know better than any doctor what they need to know.

And where medical information is needed it must be requested formally by the organisation that wants it with a named contact, and an assurance to pay the appropriate professional fee for provision of information.

A doctor’s note may get you out of some problems in this world but I am sure that ultimately, at the Pearly Gates, St Peter will look at your doctor’s note and laugh. I am sure that some of his good sense will percolate down into this world.


34 comments:

jayann said...

Some GP notes clearly are based only on what a patient says, others are based on rather more than that. Also, some are asked for unreasonably but others confirm a diagnosis.

I am sure that ultimately, at the Pearly Gates, St Peter will look at your doctor’s note and laugh

"was in hospital while a large part of her breast was removed". Ho Ho Ho.

You should aim your fire at the people who insist, e.g., that a student get a doctor to say they had 'flu, at the employers who penalize people for daring to be ill, and so on.

Anonymous said...

one of the things i think GPs could have a much bigger role in, and improve the health and safety of the nation, is old drivers, it amazes me the extreme lack of coordination, poor sight, and generally obvious shouldnt be allowed to drive folk who are known by their GPs to be drivers, and how few of these get told to stop driving, or reported to the dvla by the medics

i heard one police sergent who went to his fathers doc, and asked him to report his father to the dvla as unfit to drive and the GP refused! the police sergent had to do it themselves - and then not being a medic they were not taken at face value

the system stinks, and these poor drivers kill hundreds of people every year

Long winded doc said...

A few years ago I took my autistic son to the special session for the disabled at our local swimming pool. I had to fill in forms and then get a note from our GP to say he was "fit to swim". This was despite him being accompanied and supervised throughout the session.

The other sessions at the pool are attended by anonymous members of the general public (including him) who, for all the pool authorities know, could have any number of serious medical problems putting them at risk. They don't get asked for a doctors note but it can only be a matter of time before some Health and Safety officer wakes up to the omission

Herring said...

A lot of it is employers. I recently had a knee athroscopy to repair cartilage - which was paid for by my employers insurance scheme (unstressed nurses, tea, private room, TV, morphine ...). My employers still forced me to go and see a GP who I'd never spoken to before to get a note for the time I was off - even thought they had paid for the operation.

Dr Blue said...

Thanks for the comments. We agree that these notes are absurd. The GANFYD (get a note from your doctor) syndrome is sadly prevalent.

We have a collection of these on DNUK and the phenomenon gave rise to the name of the medical wiki http://www.ganfyd.org

I'd agree with anonymous about older drivers, and need for medical checks. We provide a service to HGV and PSV drivers, and logic could be extended to older drivers.

Anonymous said...

thanks dr blue

im sure youll come round to the rest of my views soon too ;)

you should drive round bexhill (gods waiting room) and see the extreme crap old drivers in their element, it would frighten the life out of you

no one

Dr Sniper said...

Off topic - but fuck me! read this shitty idea for ambulance staff:

"The ambulances left in operation are likely to be run by a paramedic working alongside an emergency care assistant, trained in basic life support and first aid."

http://news.bbc.co.uk/2/hi/health/7113094.stm

Dr Sniper

Elaine said...

Thank you Dr Blue, that was an excellent and pertinent post.

Rahere said...

I think you're absolutely right on pretty much all of this, Dr Rant - we Gps have all got a fund of fatuous/fuckwitted requests for notes from the doctor that we can roll out on demand at dinner parties! I'm afraid I'm going to have to take issue with you about older drivers, though - if we as Gp's are asked to arbitrate on this, on what basis will we be doing it? The DVLA already supplies pretty clear-cut rules about medical conditions and driving (or otherwise) with them. Most of the old buffers whose rellies ask me to tell them not to drive don't have anything on these lists and are just a bit too bewildered or slow of reaction to be safe, but you cannot translate that into a medical edict not to drive unless they fit into one of the categories provided by the DVLA. One or two of them will accept your advice, but if they are determined then you would have to admit you have no basis for issuing your instruction! Unless you're going to sit in their passenger seat you are on dodgy ground declaring them unsafe - surely this is exactly the sort of inappropriate and unqualified judgement your piece is railing against? Round here we have a scheme whereby oldies can take an advisory "test" with a qualified driving instructor - not binding - adn many of mine have done so. If we're serious about this issue as a society then such a test should be made compulsory, but GPs shouldn't make the call ( even if they moonlight as driving instructors!). Fortunately I know the cars of most of my crumbliest driving punters and can stay well back...

Wandering Odysseus said...

On the subject of driving, it is not just related to age.

There are thousands of shit young drivers as well.

The solution is re sitting the driving test every 5-10 years. Old buffers will get cought in the filter as well as those with no real medical problem but who are clearly just too stupid to be safely on the road.

A one off test at age 17 certifying you ability to perform any task thirty years later is crazy.

Ageing academic cynic said...

Jayann wrote:

"You should aim your fire at the people who insist, e.g., that a student get a doctor to say they had 'flu..."

The problem with this one is that here in the Universities we have endless cases of students saying they were ill to justify not turning up / not handing in work, right up to not taking exams or explaining that their having failed "wasn't my fault". Over the twenty years I have worked in Universities this has grown to endemic proportions.

We now let students "self-certify" illness (so as to avoid burdening the GPs who, as Dr Rant's column indicates, used to tell us they had no way of knowing whether the person really had been ill etc etc), but in essence this means we have to rely on students' honesty, and bitter experience shows this is not reliable. If I had a tenner for every time I've heard "this exam I missed" (unspoken: which I was going to fail) "it's because I was so sick with 'flu / diarrhoea / vomiting that I couldn't get out of bed", or found out that students tell completely different stories to different staff. Well, I'd be a lot richer.

Years back we used to ask for doctor's notes - partly as a way to try and put a "barrier" in the way of fibbers (for some reason lying to the University or your tutor is regarded as simply part of getting the degree your parents have paid for, while lying to a doctor seemed to make such folk feel at least a little bit squirmy).

Medical students present an interesting special case of this. Imagine a medical student who misses loads of (compulsory} classes and then signs a note or series of notes saying "I was ill". Sometimes the same people do this year after year. Now we might disbelieve them, and we might also wonder what kind of doctor they are going to make post-graduation if they are the kind of person who seems happy to tell porkies to get themselves off the hook. But we have great difficulty doing anything about it, because there is no way to tell if they were really ill or not, and thus if we were to try to take action against them we would get sued.

Under the circumstances it is understandable that some older staff hanker for the bygone days of "you need a doctor's note", reasoning that GPs had seen their fair share of gold-brickers and were perhaps better than us at spotting them.

Luke said...

A medical student who misses loads of compulsory classes is not allowed to become a doctor.

Luke

Ageing academic cynic said...

You would think so, Luke, but it doesn't quite work like that - not in the preclinical years (typically yrs 1 and 2) at most schools I know about. I have been on the Preclinical Examinations Board so I am not talking complete bollocks, honest. Mostly students are supposed to reach "90% attendance", or similar, but medical absences "with documentation" (inc. self-certifying illness) typically don't count towards this figure.

Where I work a significant fraction of students routinely "play" this system, or at least that is the universal opinion of the teaching staff.

The clinical years may well be different, since if you miss classes that are compulsory part of gaining competencies I am guessing you would have to repeat them.

jayann said...

here in the Universities we have endless cases of students saying they were ill to justify not turning up / not handing in work,

I know. I didn't know students were now allowed to self-certificate (BTW I'm talking about 7-8 years back). Also, I wasn't thinking about missed exams but about absence from compulsory seminars; and the 'flu one I remember simply because the student would have had to see a doctor when they had 'flu but shouldn't have gone to see a doctor then...

Self-certification does worry me, surely it can't be used in the case of missed exams or 'mitigating circumstances'?

medical absences "with documentation" (inc. self-certifying illness) typically don't count towards this figure.

that must be a hangover (perhaps not the best term) from the days of proper certification

A lot of it is employers.

herring indeed it is*, that and government departments. Perhaps pharmacists and nurses should be empowered to write these letters instead (charging the same kind of fee a doctor can), given doctors' apparent inability to know anything more than a patient tells them...

*I had to get 3 certificates re my breast op -- luckily my GP, who was really pretty opposed to sick notes, was very sympathetic given the situation, i.e., did not blame me -- when it was known I'd been in hospital, where, and why.

Ageing academic cynic said...

Jayann wrote:

Self-certification does worry me, surely it can't be used in the case of missed exams or 'mitigating circumstances'?

Yes and no, Jayann.

We try to stress to the students that under these "serious" circumstances a rather more, er, robust level of evidence is required for us to take mitigating action, but sometimes their word is all we get.

A story: several years back we had one student rush out of a (finals) paper after 5 min and rush to the toilet, trailed by an examiner. Sounds of retching heard from behind toilet door. Student emerges looking white and is taken off to office claiming waves of nausea. Student never completes paper and eventually gets degree based on average of all other papers instead (i.e. treated as if s/he missed that paper because of illness, so not given a mark of zero).

At graduation six weeks later, several students approach staff members telling them said student had later told their friends s/he read the question paper and realised s/he couldn't answer any of the questions. Student then rushed for the bog and stuck fingers down own throat.

Dr Sniper said...

Seeing your GP for the flu? - why, what is the GP going to do for the patient?

Dr Sniper

Anonymous said...

The point, dr sniper, is that a student may be unable to attend a university class or exam because they have flu, may also not see a GP at that time because of course they know a GP can do nothing and anyway GPs have notices in their surgeries telling people not to go there if they have flu, but self-certification of flu may be deemed unacceptable.

but sometimes their word is all we get.

I see. (The retching case is staggering. Surely a campus medical centre appointment -- emergency appointment -- should have been required? But if not, I can see that an averaging of all the papers taken was, absent indications in the record -- tutorial reports and so on -- that might aid a decision, the only feasible course of action.)

Dr rant, GPs have traditionally probably done more than their strict clinical role requires. (Let's say they certainly have.) That is I'd say inevitable given their gateway role and their status as respected member of the community etc.. And it's probably inevitable that their willingness to do more will be abused. But the more you complain about sick notes etc., and the more certain other doctors say, foolishly, that if someone's ill enough to need to see their doctor, they're too ill to go to work, the more you run the risk of GPs being replaced by WICs, or becoming a substitute, minor, A & E. After all, sick notes aren't the only waste of a patient's oh sorry doctor's time: I've had, on numerous occasions, to traipse to GPs to tell them I had a breast lump, whereupon they agreed I had a breast lump and wrote a letter saying I had a breast lump so I could get an appointment with a hospital doctor...


jayann

the little medic said...

It IS rife among medical students.

I know one girl who has had literally months off, ill or otherwise. There is no way she has the experience to become a good doctor but there is nothing that can be done.

Anonymous said...

My husband works as a regional manager for a company who should perhaps remain nameless. One employee of his, who works in a key area, took a full maternity leave. It's four months after the end of her maternity leave, and she's still not returned to work - every time they make moves to fire her, she produces a doctor's note attesting to her unwellness to work on her feet thirteen months after the birth of her child. This unwellness does not stop her from being seen by his other employees' drinking and dancing until the wee hours of the night at various bars and clubs around town. The business is stymied, she's having a great time, and somewhere, there's a doctor blithely signing off on her escapades.

Anonymous said...

every time they make moves to fire her, she produces a doctor's note

But it is legal to fire someone because they are medically unable to do their job, indeed, some of us would say there are inadequate safeguards against this happening (particularly in instances of work-related ill-health/disability). Sacking someone on 'maternity related grounds' is though automatically held unfair and so could give rise to a successful suit, so that may be what's happening here.
But I sense anyway that you blame the doctor.
jayann

Anonymous said...

Dr Rant - there is a comment at Dr Crippen's claiming that Dr C died a couple of months ago.

Dr Chris said...

Apologies for posting anonymously - I'm having a brain cloud for my password.

Yes - sorry to hi-jack this with irrelevant comment - I've also got wind of this too from John Crippen's blog.

The validity of the announcement has yet to be ascertained, but it presently seems as if the treasured blogster has passed on to the health service in the sky - away from PCTs, targets and political agendas.

Dr Chris

Dr Sniper said...

Jayann -

Forgive and correct me if I am wrong, but you are able to sign off for 1 week before needing a letter from your doc under employment law. You are allowed to catch the odd virus. Is there a limit to the number of self certificate you can do per annum?

If your record starts showing that you take months and months off a year then you should be made to get a letter; no letter = no credibility and course failure etc.

As docs we can only accurately report the patient's subjective words and our objective feelings. If we just regurgitate some pap from the patient what credibility do we have?

If you know you are ill and you have an exam that day, then see the bloody doc then so that there is objective evidence you are not a sheister. Obviously, there are access issues in some places.

As to Dr C

Shit! If true I am so sorry to see him go.

Dr Sniper


Dr Sniper

Anonymous said...

Dr Sniper,

You said "As docs we can only accurately report the patient's subjective words and our objective feelings.."

Surely you meant 'findings'? How can a doctor's feelings be 'objective'?!

jayann said...

dr sniper yes, people can self-certificate for a week. But there are set entitlements to (paid) sick leave and these vary widely, also if someone persistently self-certificated, even if they had a strong contract and a large sick leave 'allowance', the employer/s could almost certainly demand a doctor's report (not a sick note, a full medical report) and also require the employee to undergo an examination by the doctor of their choice. (Some employers will try that on even in cases of limited periods of absence that are fully and clearly certificated by a GP and that do not depend on what a patient tells the doctor.)

Students though are, as non-employees, in a different situation. I agree with you, basically; and that's how it used to be. The problem now, it seems, (I rely on aac's comments) is that as doctors are fed up, notes aren't always required.

Anonymous said...

(Same anon as before)

Devil's Kitchen blog has now posted that Dr Crippen is not dead. So let's hope it has all been someone's idea of a joke.

Ageing academic cynic said...

Dr Sniper is right. As I said above, we do try to stress to the students that if they have a medical problem that puts them out of action for a notable period (say a couple of weeks) then they should try to see the GP because it helps us to have a note from a GP saying:

"I saw this person they were tearful etc etc, they reported symptoms consistent with panic attacks and I gave them appropriate treatment"

- when it comes to our assessing severity of reported problem and appropriate reaction from us. Or at least this level of evidence is more convincing to us than just the student simply telling us they have been unable to revise for two weeks before finals because of panic attacks (or similar). Anyway, the documentation does make a difference when considering "mitigating circumstances".

In the case of a pattern of repeated poorly documented "complaints", we would be fairly cynical, as I am pretty sure would an employer.

Long-standing mental illness is probably the toughest one with students. The Univ where I work (Russell Gp red brick) does NOT allow a long-standing problem ("has been suffering from feelings depression last 2 yrs of degree course" as mitigation. A debilitating and incapacitating acute flare-up yes, but a long-standing problem no. The view we have taken is that we give as much help, advice and support as we can, including the in-house student health centre, speedy access to free counselling, extended deadlines, advice to interrupt course and come back when problems are sorted out etc etc...

...but that we will NOT "move the marks".

So if your finals marks class you as a lower second, we will not bump you to an upper second instead because you have a long-standing and ongoing mental problem.

However, this is not a universal view in higher education and I am aware of other places that do take such stuff "in mitigation", including as far as moving degree grades.

PhD scientist said...

Oh well, seems like this thread has gone dead.

As a final comment, perhaps seeking exculpation via the doc has become so prevalent because in modern society the doctor is about the last person we trust to give us advice that is simultaneously dispassionate and compassionate.

Everyone else is widely assumed to have an agenda, often involving self-advantage and/or selling something.

In this view it is the ethical code (most) people still ascribe to doctors that means they are the go-to people for exculpation. Similarly the fact that doctors remain probably the most trusted of professions. Sure most of us would agree that the more people assume a group has its own agenda and will happily bullshit you, the less trusted that group ... hence journalists, politicians, estate agents etc etc.

Anonymous said...

you would be amazed the numbers of middle class kids at uni claiming to have dyslexia and taking full advantage of all the "perks" of being able to claim to be disabled, this includes longer time to sit the exams, later hand in date on coursework, to say nothing of the english teacher support when you need some bullet points turning into an essay

try pointing out what bollocks this is and the politically correct crowd will descend

of course they also got their A levels bumped up a few grades using the same ruse

at least the working class kids still generally play by the rules

roll on the day when they can scientifically prove whether you really have dyslexia or not, whatever it turns out to be

oh and docs are already "supposed" to report unfit drivers to the dvla, im surprised youre all so fucking against it

no one

Ageing academic cynic said...

Old University saying:

"Middle class kids have dyslexia...

...working class kids are just thick."

It is fair to say that academics are exceptionally cynical about a lot of the labelling of (esp middle class) kids as "dyslexic". However, since it is a recognised disabilty, we are compelled to bend over backwards to accommodate all the "special measures" put in place for anyone with an assessment of dyslexia from the ed psych lot.

Anonymous said...

wonder how many young medics have dyslexia? alegedly

Funny Pseudonym said...

I don't understand the last comment.

Are you suggesting that young medics are thick?
Or that they can't spell?

I hope its thick...so then the look things up rather than just Rx the wrong drug (by "accident" in your case obviously).

Anonymous said...

well u know the medics are the cleverest of them all bollocks, kinda gets blown away when you see the ones getting twice as long for an exam cos they claim dyslexia

Anonymous said...

As an mature student, I have a 'special medical needs' report due to a complex medical problems. "Dyslexia" assessments are useful if you have medical problems!

I do get extra time in exams but that's about it. I still have to produce sick notes at the time of the exam if you do badly in order to get deferrals. The problem is it takes weeks to get blood results back!

Any employer can sack you for whatever stupid reason within a year which includes attendance at work, performance at work. So if you go in sick to work and perform badly they can still sack you regardless... within a year. Most employers have sickness attendance record management and basically if you have regular sick days when going through change management they can use this as a selection criteria.

Moral of story don't get sick....!