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Women's Health Action Trust Women's
Health Watch |
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edited by Sandra Coney
Selected articles from Women's Health Watch newsletters in September 2000 Issue 54, September 2000
Sandra Coney investigates actions being taken by medical groups in the wake of the Morgan Fahey case In Auckland Feminist
Action activists have stuck up posters around the city warning women
that doctors should be listed among those who rape. It's men who know
you who rape, the posters say. New Zealand Medical Association chair,
Dr Pippa MacKay, is disappointed. The posters, she said, would incite
distrust. Chaperons - an idea whose time is gone Chaperons have
been promoted as a quick fix but even a casual perusal of the Fahey
and other similar cases shows inadequacies. Proponents say a chaperon
should be present whenever a male doctor offers a woman an intimate
examination, or a woman could bring a friend. 'Patients have the right to a third party being present during consultations if they wish. The doctor may be able to provide a suitable person, for example, the practice nurse. A bizarre feature
of the Fahey aftermath is that the issue of chaperons is primarily about
doctors' fears of false complaints. 'In an increasingly litigious society, it is important that doctors protect themselves as far as possible against unjustified complaint. Doctors are particularly vulnerable when conducting internal or other intimate examinations...' The association
has even developed an 'Informed consent for a chaperon' form, for having
a chaperon and not having a chaperon (with the patient required to give
'reasons'). This is to be signed by the patient, chaperon, and doctor. Women want prevention Cindy Carmichael
of The Health Alternatives for Women says that at the Christchurch meeting,
women's groups didn't identify chaperons as a strategy at all. 'They
didn't see that as making a difference,' says Carmicheal. Along with
other women's groups around New Zealand, the Christchurch women took
a much broader view. How to tell on buddies An allied issue
exercising the minds of professional associations is how to encourage
other doctors to raise their suspicions about a colleague with authorities.
According to Pippa MacKay, 'Some doctors knew from their patients about
Morgan Fahey, but the patients didn't want to complain. There are things
that doctors can do.' The reluctant complainant The college has
also been pursuing what can be done about patients who have been abused
but do not want to make a complaint. Meetings have been held with Ron
Paterson, Health Commissioner, to discuss whether a process could be
based in his office. Sandra Coney comments on three major planks of the Labour Government's health reforms Labour is well down the track with its health reforms. The three major planks of its new approach have been released.
This sets high level direction for the sector. There is a return to a focus on improving health status and a population approach. Labour's'Closing the Gaps' strategy is embodied in the emphasis on reducing health disparities with particular attention to Maori and Pacific health. Goals are set for the health sector and ten priority areas identified. These include reducing smoking, improving nutrition and the level of physical activity, reducing suicides, minimising harm caused by alcohol, reducing the incidence and impact of cancer, cardiovascular disease and diabetes, improving oral health, reducing violence and improving access to child health and immunisation. There is a strong emphasis on involving consumers and communities in planning and decision-making about health.
This outlines the structural framework for the sector. Twenty-one health boards will be responsible for the health of their area. Health boards are crown entities, not com-panies, each will have up to 11 members, 7 elected three-yearly, 4 appointed by the Minister of Health. Each board must have at least two Maori members. Boards will have three committees: Health Improvement, Disability Support, and Hospital Governance. Members do not need to be board members and the committees can have delegated authority. Boards are to have a population focus and'working within allocated resources' must consider the needs of their populations and work to improve health. Boards can deliver services themselves or contract with others. The Crown partnership with Maori must be reflected in the workings of the board and the relationships they establish with mana whenua in their districts. They must foster capacity building among Maori providers.
This establishes Primary Care Organisations (PCOs) that are to deliver services for enroled populations. They must address the health needs of their populations and reduce health disparities. They are to deliver on DHB plans. PCOs will be capitated or bulk-funded and are expected to include communities in their governance. Where does it take us? There is a great deal of idealism and some naivety built into these new arrangements. New Zealand's health sector has become highly commercialised and competitive after ten years of the market model. The change is culture may be irreparable, but certainly there is nothing in the new model to prevent the commercial ethos continuing to predominate. Annette King seems to think there has been a change in consciousness - a'sea-change' she has called it, but it is of course convenient for providers to be diplomatic while they position themselves to make the most they can from the new changes. The new model was recently described to me by a Treasury official as'more of an internal market' than National's and he is right. The extreme devolution of the model will encourage all sorts of varying arrangements to be struck by boards. The funder/provider split survives at a lower level and contracting into the private sector is facilitated by the change. In many ways the DHBs are like the Health Maintenance Organisations that were promoted in Choices for Health Care in 1986 and Unshackling the Hospitals (Gibbs Report) in 1988. John Marwick, one of the three authors of the former review, is now at a high level in the Ministry of Health and shepherding through the PCO model. The ability to delegate authority to non-elected committees of boards who need not have board members raises the distinct prospect of provider capture, particularly of the Health Improvement Committee by GPs. Despite the new name, this is still popularly referred to as the Primary Care Committee. Getting from A to B The NZHS sets public health goals but does not provide a public health strategy to deliver them. The expected mechanism seems to be GPs through PCOs. A reduction in health disparities will not be delivered by GPs. Such laudible goals will only be achieved by tackling some very big picture issues that will require coordination across sectors and the engagement of communities in the task. GPs have little experience at doing this. General practice on which PCOs are based is still business-oriented. This is seen in the way GPs always cry out for more money every time they're asked to do a little extra in improving the way the health system is run. The new direction is welcomed by many of them because GPs incomes are dropping, and capitation provides more security of income and the opportunity to profit from surpluses. Mrs King seems to have been persuaded by the models documented by Professor Laurence Malcolm, particularly the so-called'third-sector' providers of Health Care Aotearoa. This very small section of providers - union clinics, Pacific providers, and so on - bring a social awareness and commitment to their particular client group but it is a very different ethos from mainstream general practice. Can Maori providers do better? Possibly, but they too cannot perform miracles when so much health disparity is caused by factors much larger than the model of care. And there are worrying trends of US managed care-type organisations signing'heads of agreement' with iwi providers. From a consumer perspective, the prospect of greater engagement with the sector will vary greatly from DHB to DHB and PCO to PCO. As Hospital and Health Services (HHSs) prepare their transitional plans they have engaged consumers to varying degrees from a little to not at all. Perhaps the best tactic is to build relationships with newly appointed board members. There was generally a high calibre of persons appointed. This may be a more effective route for dialogue over the future. The New Zealand Public Health and Disability Bill is open for submissions until 22 September. Ethics of ethics committees in the spotlight The Gisborne Inquiry has raised questions about the conduct of ethics committees at a time when their future placement and working rules are under review. Are ethics committees obstructing necessary research projects? Or are they simply carrying out their designated role to protect research participants? The Gisborne cervical cancer inquiry has highlighted this debate, with researchers criticising regional ethics committees for delaying important research on cervical cancer because of their misguided interpretation of privacy issues, and ethics committees taking umbrage and leaping to their own defence. Professor David Skegg from Otago University told the inquiry about difficulties getting access to information held on the Cancer Registry and the cervical screening register. Two projects have been stopped in their tracks. Answering
questions in Gisborne Were they having smears at all? Were their smears misread? Were there problems about the way their treatment had been managed? A review of the screening histories of these women would throw light on why they had cancer. However the Tairawhiti committee told the researchers they would have to obtain written consent from all the women in the study, a directive which Professor Skegg argued would jeopardise the results because unless they were able to study all the women, the results would be incomplete. Some women have died and others may not be traceable. Roadblocks
at the national level In this case the researchers sought access to the names of women held on the National Cancer Registry. The Registry's protocol says that researchers must have ethics committee approval to access names it holds. The researchers then planned to go through the women's GPs to discuss approaching them, either by letter from the researchers or sometimes by the GPs. This method has been used before for studies of prostate cancer and breast cancer with no objections from people approached. No, said the Otago committee. Instead it said that the Cancer Registry should write a letter to the women on Registry letterhead, inviting them to take part. Ethics committees
bite back ŒThe ethics committees were doing exactly what they were set up to do which is to safeguard the welfare of the individual. Our National Standard and the Helsinki declaration state that it is not alright to sacrifice the wellbeing of the individual for the greater good.' There is always going to be tension with researchers who believe ethics committees are preventing important public research going ahead, according to Ms Cole. However she says that the committees have not stopped the research going ahead. In the Otago case, the ethics committee said the Cancer Registry should make the first approach to women. The researchers argue that this is not appropriate and the Cancer Registry agrees. It says it doesn't write to people and isn't set up to do so. Problems of women who have died or moved would also exist. At the inquiry, Sandra Coney for Women's Health Action, said that as people were not routinely told their data was mandatorily entered on the Cancer Registry, most would not know.'Women might not respond to a letter from a strange agency, or they might interpret it to mean they had something to worry about.' Women were promised when they joined the programme that it would be regularly evaluated. It was critical for all women in the programme that this occurred. Researchers
complaints 'In my view you can't separate out the scientific issues. Both lay people and scientists are needed on these committees.' Sandra Coney points out that in the current cases, the approach taken by the ethics committees was not acceptable from a patient point of view. 'Sure, the approach jeopardised the science, but I can't see that proposing a letter from the Cancer Registry stacks up ethically. Working through the GP who knows her is likely to be more acceptable. To me this is far more ethical than firing off letters from unknown people where there is the potential for misinterpretation. A woman receiving it might think something untoward has been discovered about her, or that there is information she has not been told. Is it ethical to send a letter to a woman which is received by relatives because she has died? In the past, relatives have been very upset by such occurrences.' Coney argues that there is an urgent need to strengthen ethics committees and that an evaluation of their performance is overdue. The committees arose out of the Cartwright Report in 1988 but have been left to their own devices for years.'They were attached to Regional Health Authorities, then the Health Funding Authority, which really doesn't have an interest in how the committees function,' she says. ŒThe committees have worked assiduously but there is always a danger where there is no external scrutiny or systematic review. Left to their own devices, groups can develop their own culture and territoriality.' Committees should also be educated more about ethics, according to Associate Professor Paul, although she believes ethics are a major consideration for researchers. The survey of researchers did not reveal any problems with the Privacy Code but privacy issues emerged as a major problem with the proposed studies into cervical screening, she says. Associate Professor Paul says there are continuing negotiations over the proposed national audit and public debate at this point is probably not helpful.'Everyone is very cross about it.' Looking for
a home 'Everyone agrees ethics committees must be independent and be seen to fulfil our role under the national standard for ethics committees.' Ms Cole says feedback from ethics committees chairs shows most members see the Ministry's Consumer Protection Directorate as the best place for regional ethics committees because the Ministry has some institutional knowledge about the history and importance of ethics committees. HFA funding has not proved to be a problem for ethics committee independence, even though the potential for difficulties was present, Ms Cole says. Ethics committees are concerned going with DHBs could lead to fragmentation, according to Ms Cole. Becoming a sub committee of the Minister means the Minister would make appointments to ethics committees which could then be seen as less independent, she says. Some consumer groups are dismayed to learn that the future location of ethics committees is being discussed without any public input. Women's Health Action has promoted the idea that the committees should come under the Health and Disability Commissioner.The Commissioner, Ron Paterson, has reservations as he says his office could be seen to be approving research and then investigating any complaints that could arise from the same research. But Sandra Coney says the same objections were raised about patient advocates and resolved.'We would at least like to see the Commissioner's Office examined as one of the options.' The Ministry of Health says it is neutral about where regional ethics committees sit and the Minister will make the final decision when the final content of the reform legislation is determined but before, or as part of, the disestablishment of the HFA. A new national
committee? Standards
or guidelines? Some ethics committee members have raised fears that downgrading the standard to a guideline could weaken ethics committees but Dr Feek says the move is not intended to alter the way ethics committees function. He says ethics committees will be required to stick to the guidelines through contracts and committees will be audited to ensure they are complying. 'There is no intention to undermine ethics committees.' However Ms Cole says guidelines sound very negotiable. The guideline or standard will be released to the health sector for discussion but Ms Cole says the review is taking longer than expected because very complex issues have emerged. She says the Gisborne screening issues have highlighted the problems with definitions of audit and a definition of innovative treatment has also vexed the review team. 'We have to talk to clinicians because there is no point boxing on unless they understand and agree with our definition. We continue to be frustrated by difficulties understanding each other's thinking,' Ms Cole says. Compensation for women with misread mammograms Two South Island
breast cancer sufferers will receive compensation for medical misadventure
after claiming their mammograms were misread by Healthcare Otago. The
women, in their sixties, had been left to prove their cases without
the benefit of crucial evidence - their mammography files had disappeared.
The women had mammograms taken as part of the mobile Otago-Southland
breast screening programmes and were assured their results were clear.
Within 10 months one woman was forced to undergo radical surgery for
a 2.5cm tumour she found herself. The other woman was also treated for
a 2cm lump found 20 months after the mammogram. The women's surgeons
say the cancers were evident on the mammograms. Despite the fact that
the mammograms are missing, ACC says it has to give the women the benefit
of the doubt and they would be entitled to lost earnings and medical
and travel expenses. Debate over mammography causes confusion Most women believe
mammography screening should start before age 40, according to a United
States study. The researchers say there has been confusing and often
vitriolic debate in the United States about the value of screening women
aged 40 to 49 years and the study aimed to find out how women interpreted
this debate. Urinary incontinence higher after hysterectomy Women having hysterectomies
should be warned about the risks of developing urinary incontinence.
A study in the Lancet reports that women who have hyster-ectomies are
at least 40 percent more likely to develop urinary incontinence compared
to women who do not have the procedure. Women over the age of sixty
were 60 percent more likely to become incontinent. The researchers say
hysterectomy may damage the pelvic nerves or pelvic support structures
and increase the risk of incontinence, although this may not develop
for some years after the hysterectomy is carried out. Reasons for the
delayed onset of incontinence are unclear but the pattern is similar
to that of childbirth where incontinence often occurs five to ten years
later. Bone density screening raises questions Doctors and the
public should understand the limitations of the newer peripheral densitometry
devices, used to help diagnose osteoporosis. These devices measure bone
density at sites like the heel, whereas the major problems caused by
osteoporosis are the hip and spine. An editorial in the British Medical
Journal says the limitations of measuring bone density at peripheral
sites mean there is the potential for misdiagnosis. |
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