Physicians who work with teaching services should be careful to protect their
patients’ autonomy. Patients are entitled to control who is entrusted with their
medical care and their medical information. Ethically, a patient’s method of
payment, or the absence of payment, does not affect the right to receive care
from a licensed physician. This is also the legal rule unless modified by state
law. Although a state might pass a law conditioning the provision of charity
care on the acceptance of care by students and residents, this might pose
equal protection problems under the Constitution. If a patient who is brought
into a county charity hospital that uses students and interns extensively in first-
line care demands a “real doctor,” the hospital must produce a licensed
physician to provide care. It is not acceptable to tell the patient that no
physician is available.
Patients also are entitled to know, when they first seek care from a physician,
whether they will be asked to participate in a teaching program. Private
physicians who make teaching a part of their practice should inform their
patients at the first patient visit that they are entering a teaching practice but
that they have the right to refuse to be cared for by students and residents or
by a given resident or student.
Patients should not be introduced to a student and then asked if they are
willing to participate as teaching material. The patient should be asked first,
out of the presence of the student. Most patients are willing to participate in
teaching, but the physician must be prepared to honor the request of patients
who do not want to participate. Ethically, the patient’s decision to accept or
refuse to participate in a teaching program should have no bearing on whether
the physician will treat the patient. Linking the participation in the teaching
program to access to medical care creates an improper coercive atmosphere.
Legally, the physician must honor the patient’s refusal but may refer the
patient to another physician if the referral would otherwise be acceptable.
The physician should document the patient’s wishes as to participating in
teaching. Once general permission is obtained, simple consent is required
before a specific medical student or resident may participate in a patient’s
care. This is obtained by introducing the student to the patient and asking the
patient if the student may participate in the care. If the patient has concerns
about privacy, the students and residents should be instructed to respect the
patient’s wishes. Some teaching programs generally ignore concerns with
privacy of medical information as regards students and residents, but they are
not excluded from either the state or federal laws that govern access to
medical information.