Justice must give way to right to health
The issue of former President Gloria Macapagal-Arroyo’s medical condition and legal responsibilities has been discussed extensively in the media by legal and political luminaries. However, its medical and human rights aspects have been ignored.
In the practice of their trade, doctors are obliged by the Code of Ethics to protect, to restore and promote health and to respect the patient’s autonomy after an informed consent. Interpreted, it means, when a physician accepts a patient under his/her care, the doctor has the duty to make an honest diagnosis and appraise the patient of the illness as evidence indicates. The doctor has to make the patient understand his/her actual state of illness or health; what is best to be done, what will be the consequence if no treatment is administered, what will be the probabilities if treated, inclusive of the financial responsibilities. After all the explanation, it is the absolute right of the patient to decide as to the choice of doctor, facility or health care or circumstance he/she chooses to preserve and promote his/her life, health and well-being.
Any humane, civilized government is expected to respect such right. When the health problem is appropriately and successfully addressed, then the political, legal or other considerations are attended.
A long time ago, a prisoner was scheduled to be executed in the United States. The American Medical Association’s position was to suspend the execution because the convict was pregnant. The courts and the State obliged.
As a civilized and humane people we can act no less. After Arroyo’s medical care is consummated, due process may follow to render justice to all concerned.
—SANTIAGO A. DEL ROSARIO, MD,
commissioner on ethics
(and former president),
Philippine Medical Association
