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Should junior doctors strike?
Mark Toynbee1, Adam Aj Al-Diwani1, Joe Clacey2
1Warneford Hospital, Oxford Health NHS FT, Oxford, UK Department of Psychiatry, University of Oxford, Oxford, UK.
Insights
Junior doctors
Area of Science:
- Medical Ethics
- Health Policy
- Labor Relations
Background:
- A recent impasse between the Department of Health (DoH) and the British Medical Association led to junior doctors voting for industrial action (IA).
- IA was deferred pending further negotiations but remains a possibility, prompting an ethical review.
Purpose of the Study:
- To explore the ethical considerations surrounding industrial action by doctors.
- To evaluate the ethical justifiability of the proposed junior doctor IA and IA by doctors in general.
Main Methods:
- Review of ethical arguments for and against doctors undertaking IA.
- Analysis of common objections, including patient harm and vocational responsibilities.
- Consideration of counterarguments, such as long-term good and employee rights.
Main Results:
- Traditional objections to IA may be less relevant in the current context.
- A stronger contemporary objection to IA may stem from social justice concerns.
- Absolute restrictions or unrestricted rights to IA are difficult to justify.
Conclusions:
- Ethical permissibility of doctor IA requires careful consideration of specific circumstances.
- Criteria for ethically permissible doctor IA are proposed.
- The debate highlights the complex interplay between medical ethics, patient welfare, and professional rights.
Abstract:
An impasse in negotiations between the Department of Health (DoH) and the British Medical Association in November this year led to an overwhelming vote for industrial action (IA) by junior doctors. At the time of writing, a last minute concession by DoH led to a deferment of IA to allow further negotiations mediated by the Advisory, Conciliation and Arbitration Service. However, IA by junior doctors remains a possibility if these negotiations stall again. Would the proposed action be ethically justifiable? Furthermore, is IA by doctors ever ethically defendable? Building on previous work, we explore important ethical considerations for doctors considering IA. The primary moral objection to doctors striking is often claimed to be risk of harm to patients. Other common arguments against IA by doctors include breaching their vocational responsibilities and possible damage to their relationship with patients and the public in general. These positions are in turn countered by claims of a greater long-term good and the legal and moral rights of employees to strike. Absolute restrictions appear to be hard to justify in the modern context, as does an unrestricted right to IA. We review these arguments, find that some common moral objections to doctors striking may be less relevant to the current situation, that a stronger contemporary objection to IA might be from a position of social justice and suggest criteria for ethically permissible doctor IA.
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