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Journal Article

Citation

Rosenthal MS. Thyroid 2007; 17(12): 1261-1267.

Affiliation

Program for Bioethics and Patients' Rights, University of Kentucky College of Medicine, Lexington, Kentucky 04536-0086, USA. msrose2@email.uky.edu

Copyright

(Copyright © 2007, American Thyroid Association, Publisher Mary Ann Liebert Publishers)

DOI

10.1089/thy.2007.0151

PMID

18177258

Abstract

OBJECTIVES: Analyze the ethical duties and dilemmas involved in treating the severely hypothyroid patient. DESIGN: A critical review of the literature was conducted with respect to clinical ethics issues pertaining to severe hypothyroidism; legal and ethical guidelines for consent and capacity in the context of severe hypothyroidism; health case law involving the duty to warn third parties; and comparable clinical conditions resulting in impaired driving and the performance of critical tasks. MAIN OUTCOME: Neuropsychological studies and accepted clinical experiences verify the variable degrees of intellectual and neurological impairment consequent to severe hypothyroidism. Thus, severely hypothyroid patients are considered impaired in the performance of specific tasks, such as driving. Consequent to that, they may be agents of harm as a result of their impairment if they are not warned against driving or performing other duties affecting public safety. Severely hypothyroid patients may lack the capacity to make an informed decision, even when warned against driving or other tasks, and some may ignore such warnings. CONCLUSIONS: The legal and ethical "duty to warn" may trump confidentiality and HIPAA in cases where the activity of impaired patients seriously affects public safety. Not only do health care providers have a clear duty to warn patients not to drive, but in some extreme cases, may have a duty to warn third parties when a patient's driving or occupational duties place the public in harm's way.


Language: en

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