Patient privacy and autonomy: a comparative analysis of cases of ethical dilemmas in China and the United States

BMC Medical Ethics

Yuming Wang¹  Hongmei Zhang²  Zhenxiang Zhang³  Hui Zhang⁴ 

[1] Clinical Research Centre, Henan Provincial People’s Hospital and the People’s Hospital of Zhengzhou University, No. 7, Weiwu Road, 450003, Zhengzhou, Henan, China;Nursing Department, Henan Provincial People’s Hospital and the People’s Hospital of Zhengzhou University, 450003, Zhengzhou, Henan, China;School of Nursing and Health, Zhengzhou University, No. 101, Science Avenue, 450001, Zhengzhou, Henan, China;School of Nursing and Health, Zhengzhou University, No. 101, Science Avenue, 450001, Zhengzhou, Henan, China;Department of Scientific Research and Discipline Construction, Henan Provincial People’s Hospital and the People’s Hospital of Zhengzhou University, 450003, Zhengzhou, Henan, China;

关键词: Patient privacy;    Patient autonomy;    Ethical dilemma case;    China;    The United States;    Law;    Culture;    Bioethics;   

DOI  :  10.1186/s12910-021-00579-6

来源: Springer

【 摘 要 】

BackgroundRespect for patients’ autonomy is usually considered to be an important ethical principle in Western countries; privacy is one of the implications of such respect. Healthcare professionals frequently encounter ethical dilemmas during their practice. The past few decades have seen an increased use of courts to resolve intractable ethical dilemmas across both the developed and the developing world. However, Chinese and American bioethics differ largely due to the influence of Chinese Confucianism and Western religions, respectively, and there is a dearth of comparative studies that explore cases of ethical dilemmas between China and the United States.MethodsThis paper discusses four typical cases with significant social impact. First, it compares two cases concerning patient privacy: the “Shihezi University Hospital Case”, in which a patient was used as a clinical teaching object without her permission, and the “New York-Presbyterian Hospital Case”, in which the hospital allowed the filming of a patient’s treatment without his consent. Second, it compares two cases regarding patient autonomy and potentially life-saving medical procedures: the “Case of Ms. L”, concerning a cohabitant’s refusal to sign a consent form for a pregnant woman’s caesarean, and the “Case of Mrs. V”, concerning a hospital’s insistence upon a blood transfusion for a dissenting patient. This paper introduces the supporting and opposing views for each case and discusses their social impact. It then compares and analyses the differences between China and the United States from cultural and legislative perspectives.ConclusionsEthical dilemmas have often occurred in China due to the late development of bioethics. However, the presence of bioethics earlier in the US than in China has not spared the US of ethical dilemmas. This paper highlights lessons and inspiration from the cases for healthcare professionals and introduces readers to the role and weight of privacy and autonomy in China and in the US from the perspectives of different cultures, religions and laws.

【 授权许可】

CC BY