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1 An Ethical Framework for Physicians to Learn the Knowledge and Skills to Address Intimate Partner Violence (IPV) Vijay Singh, MD, MPH University of Michigan Department of Family Medicine Robert Wood Johnson Clinical Scholar vijaysin@umich.edu
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2 Objectives
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3 Learn effective behavior and communication around IPV
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4 Objectives Learn effective behavior and communication around IPV Understand mandatory reporting for IPV
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5 Objectives Learn effective behavior and communication around IPV Understand mandatory reporting for IPV Define ethical principles: beneficence, non- maleficence, autonomy
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6 Objectives Learn effective behavior and communication around IPV Understand mandatory reporting for IPV Define ethical principles: beneficence, non- maleficence, autonomy Describe clinical ethics framework (Jonsen, 2006)
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7 Case
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8 CC/ID: CP, SOB in 40 year-old woman seen in primary care
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9 Case CC/ID: CP, SOB in 40 year-old woman seen in primary care HPI/PMH: H/o anxiety attacks treated w BDZ. H/o previous visits for trauma from reported falls.
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10 Case CC/ID: CP, SOB in 40 year-old woman seen in primary care HPI/PMH: H/o anxiety attacks treated w BDZ. H/o previous visits for trauma from reported falls. SH: Lives w boyfriend, daughter. Employed as salesclerk. Boyfriend watches daughter after school.
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11 Case P/E, labs: (-) cardiac or respiratory disease. Physical signs of bruising on arms.
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12 Case P/E, labs: (-) cardiac or respiratory disease. Physical signs of bruising on arms. Assessment: Anxiety attack, h/o trauma.
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13 Case P/E, labs: (-) cardiac or respiratory disease. Physical signs of bruising on arms. Assessment: Anxiety attack, h/o trauma. Is there evidence to suggest she’s an IPV victim?
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14 IPV screening components
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15 IPV screening components Review medical history
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16 IPV screening components Review medical history Know mandatory reporting requirements
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17 IPV screening components Review medical history Know mandatory reporting requirements Ask direct questions
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18 IPV screening components Review medical history Know mandatory reporting requirements Ask direct questions Safety planning and referrals
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19 Review medical history What in case makes you suspect IPV?
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20 Review medical history What in case makes you suspect IPV? –History of anxiety. Also look for depression, PTSD, substance use, suicide attempts
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21 Review medical history What in case makes you suspect IPV? –History of anxiety. Also look for depression, PTSD, substance use, suicide attempts –Previous medical visits for injuries not fully explained
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22 Mandatory reporting What are laws around IPV?
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23 Mandatory reporting What are laws around IPV? –40 states mandate reporting of specified instances where patient has an injury
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24 Mandatory reporting What are laws around IPV? –40 states mandate reporting of specified instances where patient has an injury –http://endabuse.org/userfiles/file/HealthCare/mandatory_policypaper.pdfhttp://endabuse.org/userfiles/file/HealthCare/mandatory_policypaper.pdf
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25 Mandatory reporting What are laws around IPV? –40 states mandate reporting of specified instances where patient has an injury –http://endabuse.org/userfiles/file/HealthCare/mandatory_policypaper.pdfhttp://endabuse.org/userfiles/file/HealthCare/mandatory_policypaper.pdf –Colorado: “Physicians are required to report to law enforcement if they attend or treat an injury…they have reason to believe involves a criminal act including injuries resulting from domestic violence.” (Hyman, 2004)
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26 Ask direct questions
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27 Ask direct questions Be aware of mandatory DV reporting law and inform patient of requirement
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28 Ask direct questions Be aware of mandatory DV reporting law and inform patient of requirement Explain limitations in confidentiality
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29 Ask direct questions Be aware of mandatory DV reporting law and inform patient of requirement Explain limitations in confidentiality Consider use of 8-question screen (Rhodes, 2009)
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30 Safety planning What are patient options when IPV is identified?
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31 Safety planning What are patient options when IPV is identified? –Stay with abuser and formulate a safety plan
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32 Safety planning What are patient options when IPV is identified? –Stay with abuser and formulate a safety plan –Remove abuser through arrest or protective orders
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33 Safety planning What are patient options when IPV is identified? –Stay with abuser and formulate a safety plan –Remove abuser through arrest or protective orders –Leave the relationship temporarily or permanently
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34 Safety planning What questions can you ask to assess safety?
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35 Safety planning What questions can you ask to assess safety? –Are you or your family members in danger?
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36 Safety planning What questions can you ask to assess safety? –Are you or your family members in danger? –Has violence escalated recently?
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37 Safety planning What questions can you ask to assess safety? –Are you or your family members in danger? –Has violence escalated recently? –Are there weapons in the home?
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38 Safety planning What questions can you ask to assess safety? –Are you or your family members in danger? –Has violence escalated recently? –Are there weapons in the home? –If you aren’t safe, do you have a safety plan?
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39 Referrals Refer patient to National DV Hotline –800-799-SAFE
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40 Referrals Refer patient to National DV Hotline –800-799-SAFE –Staffed 24 hours a day in English, Spanish and more than 170 different languages through interpreter services
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41 Referrals Refer patient to National DV Hotline –800-799-SAFE –Staffed 24 hours a day in English, Spanish and more than 170 different languages through interpreter services –http://www.ndvh.org/http://www.ndvh.org/
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42 Case You feel there’s enough evidence to suggest IPV
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43 Case You feel there’s enough evidence to suggest IPV Pt reports IPV but she wants to stay with partner
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44 Case You feel there’s enough evidence to suggest IPV Pt reports IPV but she wants to stay with partner She requests no IPV reporting because she fears:
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45 Case You feel there’s enough evidence to suggest IPV Pt reports IPV but she wants to stay with partner She requests no IPV reporting because she fears: –retaliation from partner
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46 Case You feel there’s enough evidence to suggest IPV Pt reports IPV but she wants to stay with partner She requests no IPV reporting because she fears: –retaliation from partner –child protective services might remove daughter from home
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47 Case You feel there’s enough evidence to suggest IPV Pt reports IPV but she wants to stay with partner She requests no IPV reporting because she fears: –retaliation from partner –child protective services might remove daughter from home What are the ethical problems involved?
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48 Ethical principles
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49 Ethical principles Beneficence: duty to assist patient
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50 Ethical principles Beneficence: duty to assist patient Non-maleficence:
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51 Ethical principles Beneficence: duty to assist patient Non-maleficence: –duty to refrain from causing harm
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52 Ethical principles Beneficence: duty to assist patient Non-maleficence: –duty to refrain from causing harm –“do no harm”
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53 Ethical principles Beneficence: duty to assist patient Non-maleficence: –duty to refrain from causing harm –“do no harm” Autonomy: duty to respect patient preferences
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54 Ethical principles Beneficence: duty to assist patient Non-maleficence: –duty to refrain from causing harm –“do no harm” Autonomy: duty to respect patient preferences Dilemma is when beneficence and non- maleficence come in conflict with autonomy
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55 How do the ethical principles connect with the case?
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56 How do the ethical principles connect with the case? Clinical ethics framework (Jonsen, 2006)
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57 How do the ethical principles connect with the case? Clinical ethics framework (Jonsen, 2006) –Medical indications: diagnose and manage conditions
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58 How do the ethical principles connect with the case? Clinical ethics framework (Jonsen, 2006) –Medical indications: diagnose and manage conditions –Patient preferences: desires for treatment and care
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59 How do the ethical principles connect with the case? Clinical ethics framework (Jonsen, 2006) –Medical indications: diagnose and manage conditions –Patient preferences: desires for treatment and care –Quality of life: subjective (patient) and objective (provider) assessment
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60 How do the ethical principles connect with the case? Clinical ethics framework (Jonsen, 2006) –Medical indications: diagnose and manage conditions –Patient preferences: desires for treatment and care –Quality of life: subjective (patient) and objective (provider) assessment –Contextual factors: family, religion, law
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61 Medical Indications (Tilden, 1994) How can the patient receive benefit from medical care?
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62 Medical Indications (Tilden, 1994) How can the patient receive benefit from medical care? –Establish anxiety disorder as reason for CP, SOB.
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63 Medical Indications (Tilden, 1994) How can the patient receive benefit from medical care? –Establish anxiety disorder as reason for CP, SOB. –Limiting use of BDZ to relieve anxiety symptoms.
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64 Medical Indications (Tilden, 1994) How can the patient receive benefit from medical care? –Establish anxiety disorder as reason for CP, SOB. –Limiting use of BDZ to relieve anxiety symptoms. –Above are examples of beneficence
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65 Medical Indications (Tilden, 1994) How can the patient receive benefit from medical care? –Establish anxiety disorder as reason for CP, SOB. –Limiting use of BDZ to relieve anxiety symptoms. –Above are examples of beneficence How can harm be avoided?
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66 Medical Indications (Tilden, 1994) How can the patient receive benefit from medical care? –Establish anxiety disorder as reason for CP, SOB. –Limiting use of BDZ to relieve anxiety symptoms. –Above are examples of beneficence How can harm be avoided? –Identify IPV and treat appropriately
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67 Medical Indications (Tilden, 1994) How can the patient receive benefit from medical care? –Establish anxiety disorder as reason for CP, SOB. –Limiting use of BDZ to relieve anxiety symptoms. –Above are examples of beneficence How can harm be avoided? –Identify IPV and treat appropriately –Above is an example of non-maleficence
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68 Patient preferences (Tilden, 1994) What does the patient want?
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69 Patient preferences (Tilden, 1994) What does the patient want? –Example of autonomy
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70 Patient preferences (Tilden, 1994) What does the patient want? –Example of autonomy Is the patient competent to make decisions?
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71 Patient preferences (Tilden, 1994) What does the patient want? –Example of autonomy Is the patient competent to make decisions? –Mood disorder can impair judgment
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72 Patient preferences (Tilden, 1994) What does the patient want? –Example of autonomy Is the patient competent to make decisions? –Mood disorder can impair judgment Has the patient been informed of intervention benefits?
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73 Patient preferences (Tilden, 1994) What does the patient want? –Example of autonomy Is the patient competent to make decisions? –Mood disorder can impair judgment Has the patient been informed of intervention benefits? –Safety planning, legal interventions, and mental health treatment can all be beneficial
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74 Quality of life What is the patient’s subjective QOL assessment?
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75 Quality of life What is the patient’s subjective QOL assessment? –Patient experiences anxiety attacks
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76 Quality of life What is the patient’s subjective QOL assessment? –Patient experiences anxiety attacks –Patient may want to stay with partner out of fear, further suggestion poor QOL
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77 Quality of life What is the patient’s subjective QOL assessment? –Patient experiences anxiety attacks –Patient may want to stay with partner out of fear, further suggestion poor QOL What are the views of the care providers?
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78 Quality of life What is the patient’s subjective QOL assessment? –Patient experiences anxiety attacks –Patient may want to stay with partner out of fear, further suggestion poor QOL What are the views of the care providers? –IPV will likely continue without intervention, and continue patient’s poor QOL
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79 Contextual factors
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80 Contextual factors How does the law influence treatment decisions?
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81 Contextual factors How does the law influence treatment decisions? –Physicians in most states (CO, MI) are mandated to report IPV if injury is present
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82 Contextual factors How does the law influence treatment decisions? –Physicians in most states (CO, MI) are mandated to report IPV if injury is present What social circumstances influence the decision?
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83 Contextual factors How does the law influence treatment decisions? –Physicians in most states (CO, MI) are mandated to report IPV if injury is present What social circumstances influence the decision? –Boyfriend provides child-care; patient must find other caregiver if he is removed from relationship
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84 Contextual factors How does the law influence treatment decisions? –Physicians in most states (CO, MI) are mandated to report IPV if injury is present What social circumstances influence the decision? –Boyfriend provides child-care; patient must find other caregiver if he is removed from relationship –Unknown if daughter witnesses parental abuse or if daughter is being abused
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85 Ethical dilemmas with mandatory reporting (Rodriguez, 2001)
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86 Ethical dilemmas with mandatory reporting (Rodriguez, 2001) Why might victims want control over reporting?
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87 Ethical dilemmas with mandatory reporting (Rodriguez, 2001) Why might victims want control over reporting? –Protect confidentiality
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88 Ethical dilemmas with mandatory reporting (Rodriguez, 2001) Why might victims want control over reporting? –Protect confidentiality –Maintain autonomy
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89 Ethical dilemmas with mandatory reporting (Rodriguez, 2001) Why might victims want control over reporting? –Protect confidentiality –Maintain autonomy –Fear of retaliation from abuser
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90 Ethical dilemmas with mandatory reporting (Rodriguez, 2001) Why might victims want control over reporting? –Protect confidentiality –Maintain autonomy –Fear of retaliation from abuser –Fear of family separation
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91 Ethical dilemmas with mandatory reporting (Rodriguez, 2001) Why might victims want control over reporting? –Protect confidentiality –Maintain autonomy –Fear of retaliation from abuser –Fear of family separation –Immigration status: fear of deportation
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92 Effective communication to minimize harm under reporting law
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93 Effective communication to minimize harm under reporting law Discuss with patient your obligation to report IPV if injuries are present
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94 Effective communication to minimize harm under reporting law Discuss with patient your obligation to report IPV if injuries are present Address the risk of perpetrator retaliation and the need for precautions and safety planning
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95 Effective communication to minimize harm under reporting law Discuss with patient your obligation to report IPV if injuries are present Address the risk of perpetrator retaliation and the need for precautions and safety planning Work with the patient and authorities to meet the patient’s needs when reporting
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96 Effective communication to minimize harm under reporting law Discuss with patient your obligation to report IPV if injuries are present Address the risk of perpetrator retaliation and the need for precautions and safety planning Work with the patient and authorities to meet the patient’s needs when reporting Maximize the role of the patient’s input
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97 Recommendation Goals of care
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98 Recommendation Goals of care –Preserving the doctor-patient relationship
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99 Recommendation Goals of care –Preserving the doctor-patient relationship Inform patient of duty to report IPV if injuries are present
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100 Recommendation Goals of care –Preserving the doctor-patient relationship Inform patient of duty to report IPV if injuries are present –Getting the patient the care she needs
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101 Recommendation Goals of care –Preserving the doctor-patient relationship Inform patient of duty to report IPV if injuries are present –Getting the patient the care she needs Safety planning and referral to safe housing, crisis hotline, and legal services
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102 Recommendation Goals of care –Preserving the doctor-patient relationship Inform patient of duty to report IPV if injuries are present –Getting the patient the care she needs Safety planning and referral to safe housing, crisis hotline, and legal services –Provide close follow-up and continuing care
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103 Recommendation Goals of care –Preserving the doctor-patient relationship Inform patient of duty to report IPV if injuries are present –Getting the patient the care she needs Safety planning and referral to safe housing, crisis hotline, and legal services –Provide close follow-up and continuing care Primary care follow-up
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104 Case for discussion
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105 Case for discussion CC/ID: 40 year-old man self-discloses he feels at risk for IPV perpetration
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106 Case for discussion CC/ID: 40 year-old man self-discloses he feels at risk for IPV perpetration HPI/PMH: H/o chronic pain, screens positive for depression.
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107 Case for discussion CC/ID: 40 year-old man self-discloses he feels at risk for IPV perpetration HPI/PMH: H/o chronic pain, screens positive for depression. SH: Lives with female partner. H/o incarceration for assault of previous partner.
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108 Case for discussion CC/ID: 40 year-old man self-discloses he feels at risk for IPV perpetration HPI/PMH: H/o chronic pain, screens positive for depression. SH: Lives with female partner. H/o incarceration for assault of previous partner. Are you required to report patient’s disclosure?
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109 Case for discussion CC/ID: 40 year-old man self-discloses he feels at risk for IPV perpetration HPI/PMH: H/o chronic pain, screens positive for depression. SH: Lives with female partner. H/o incarceration for assault of previous partner. Are you required to report patient’s disclosure? How can we maximize safety for patient and partner?
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110 Discussion How do you approach case through Jonsen clinical ethics framework?
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111 Discussion How do you approach case through Jonsen clinical ethics framework? What data and evidence are necessary to use framework?
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112 Discussion How do you approach case through Jonsen clinical ethics framework? What data and evidence are necessary to use framework? What resources are available to the patient, partner and you?
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113 Discussion How do you approach case through Jonsen clinical ethics framework? What data and evidence are necessary to use framework? What resources are available to the patient, partner and you? What recommendations do you make?
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114 Discussion How do you approach case through Jonsen clinical ethics framework? What data and evidence are necessary to use framework? What resources are available to the patient, partner and you? What recommendations do you make? How can you incorporate what you learned into teaching students and residents?
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115 Discussion
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116 Clinical ethics framework Medical indications: diagnose and manage conditions –Treat depression: offer SSRI, counseling –Assess pattern of abuse, lethality risk, willingness to change –Refer to batterer intervention program (BIP), but let patient know this may not prevent violent behavior
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117 Clinical ethics framework Patient preferences: desires for treatment and care –Patient’s self-disclosure of feeling at-risk for perpetrating abuse suggests he desires treatment
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118 Clinical ethics framework Patient preferences: desires for treatment and care –Patient’s self-disclosure of feeling at-risk for perpetrating abuse suggests he desires treatment Quality of life: subjective (patient) and objective (provider) assessment –Patient endorses depressed symptoms; his mood and affect are congruent and all suggest poor QOL
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119 Clinical ethics framework Contextual factors: law, family –Reporting necessary only if injury is present –This patient has no injury and therefore no report is necessary –Partner’s assessment of situation and safety are important
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120 Recommendations Goals of care –Preserving the doctor-patient relationship Address IPV in non-judgmental manner
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121 Recommendations Goals of care –Preserving the doctor-patient relationship Address IPV in non-judgmental manner –Getting the patient care he needs Referral to BIP, treat depression
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122 Recommendations Goals of care –Preserving the doctor-patient relationship Address IPV in non-judgmental manner –Getting the patient care he needs Referral to BIP, treat depression –Provide close follow-up and continuing care Primary care F/U
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123 Recommendations Goals of care –Preserving the doctor-patient relationship Address IPV in non-judgmental manner –Getting the patient care he needs Referral to BIP, treat depression –Provide close follow-up and continuing care Primary care F/U –Assess partner safety by asking if you can speak with partner about his health issues
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124 References Jonsen AR, Siegler M, Winslade WJ. “Introduction,” in Clinical Ethics: A Practical Approach to Ethical Decisions in Clinical Medicine, 6th Edition. McGraw-Hill, 2006. Hyman A. Domestic violence: Legal Issues for Health Care Providers. Trainer’s Manual for Health Care Providers, Family Violence Prevention Fund, 1998. Tilden VP, Schmidt TA. Family Abuse and Neglect: A Case-based Ethics Model. Academic Emergency Medicine. 1(6):550-4. 1994 Nov-Dec. PMID: 7600402. Council on Ethical and Judicial Affairs, AMA. Physicians and Domestic Violence: Ethical Considerations. JAMA 267(23): 3190-3193, 1992 Jun. PMID: 1593742.
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