Spades 7 You have evidence a government is committing atrocities against its own citizens. Should health care personnel allow media access to the patients in order to publicize the alleged crimes? What else could a health care professional do?

Step 1 – IDENTIFY THE PROBLEM(S)

• Briefly state the Scenario: You have evidence a government is committing atrocities against its own citizens. Should health care personnel allow media access to the patients in order to publicize the alleged crimes? What else could a health care professional do?

• List the Issues that arise from the scenario.

• Identify Critical Information required and Assumptions to be made:

The core issue involves balancing the ethical obligation to respect patient confidentiality with the potential need to publicize evidence of government atrocities against its citizens. The key issues include protecting patient rights, preventing harm through media exposure, and ensuring healthcare personnel remain neutral and trusted. Critical information required includes the explicit consent of patients, the potential risks to their safety and dignity, and the legal frameworks guiding the disclosure of such information. Assumptions must be made about the patient's capacity to provide consent, the intentions of the media or third parties, and the potential consequences for both the individual patients and the broader healthcare mission.

Step 2 – ANALYSE

Patient: Patients have a fundamental right to confidentiality, as established in the WMA International Code of Medical Ethics (https://www.wma.net/policies-post/wma-international-code-of-medical-ethics/) and the WMA Declaration of Lisbon on the Rights of the Patient (https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/). Disclosing identifiable information without consent violates these ethical principles unless there is an imminent threat that can only be mitigated by breaching confidentiality. Any decision to involve the media must be carefully weighed against the patient's autonomy and safety.

Clinical: Clinically, exposing patients to media coverage may risk re-traumatizing survivors or compromising their safety, particularly in conflict zones. The Geneva Conventions emphasize the protection of civilians and prohibit acts intended to spread terror among populations (https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_cha_chapter1_rule2 ). Safeguarding patient dignity and privacy is critical, and healthcare workers must avoid using patients for political or publicity purposes, as highlighted in 'Ethical principles of health care in times of armed conflict and other emergencies.'.

Legal: Violations of IHL, including atrocities committed by governments, are considered war crimes under Rule 156 of Customary IHL (https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_cha_chapter44_rule156 ). While healthcare personnel may collect evidence of such violations, they must do so within the bounds of their ethical and legal obligations, avoiding direct involvement in media activities that could compromise their neutrality or patient confidentiality.

Societal/Military: Healthcare workers have a duty to advocate for patients' rights and may report violations of IHL through appropriate channels. Independent bodies, including journalists, may play a role in collecting evidence, but healthcare facilities must implement robust policies to regulate media access, ensuring the protection of patients. The WMA Statement on Armed Conflicts (https://www.wma.net/policies-post/wma-statement-on-armed-conflicts/) highlights the need for equitable treatment and advocacy for vulnerable populations, emphasizing the role of healthcare professionals in upholding these principles.

Step 3 – FUSE

• Summarise conclusions

• Insert citations to key reference sources for your analysis

• Determine the exact Decision(s) to be made

The conclusion is that healthcare professionals must prioritize patient confidentiality and dignity while recognizing their role in advocating for patients' rights and reporting violations of IHL through proper channels. Allowing media access to patients without their explicit consent is unethical and potentially harmful. Instead, healthcare personnel should work within their organizational frameworks to document and report evidence of atrocities while maintaining their neutrality and the trust of patients. References such as the Geneva Conventions (https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_cha_chapter44_rule156 ) and the WMA ethical codes (https://www.wma.net/policies-post/wma-international-code-of-medical-ethics/) support these principles.

Step 4 – DECIDE

• What is your Decision?

• Why (can you justify it)?

• Residual uncertainly, need for review?

The decision is not to permit media access to patients without explicit consent, as this would violate ethical and legal standards. Healthcare personnel can fulfil their responsibilities by documenting evidence of IHL violations through internal reporting mechanisms and trusted third-party organizations, ensuring patient confidentiality is maintained. This approach aligns with the Geneva Conventions and ethical obligations outlined by the WMA. Residual uncertainty exists regarding the potential consequences of reporting these violations, including the safety of staff and patients. These risks must be mitigated through robust policies, staff training, and collaboration with neutral, independent organizations.

Further Reading

• Healthcare in Danger. ICRC. Available at: https://healthcareindanger.org/

• Responding to attacks on healthcare. WHO. Available at: https://www.who.int/activities/responding-to-attacks-on-health-care

• Surveillance system for attacks on healthcare. WHO. Available at: https://publicspace.who.int/sites/ssa/SitePages/PublicDashboard.aspx

Reviewed and formatted by: Alexandros Carver, 3rd Year Medical Student KCL, December 2024

Healthcare in Danger. ICRC. At: https://healthcareindanger.org/

Responding to attacks on healthcare. WHO. At: https://www.who.int/activities/responding-to-attacks-on-health-care

Surveillance system for attacks on healthcare. WHO. At: https://publicspace.who.int/sites/ssa/SitePages/PublicDashboard.aspx