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Chris Ham
a Strategy Unit, Department of Health, London SW1A 2NS, b Royal College of Physicians, London NW1 4LE
Correspondence to: Chris Ham chris.ham@doh.gsi.gov.uk
The old implicit compact between doctors, patients, and society has broken. Chris Ham and George Alberti want to write a new one
The world is changing rapidly
probably
more so than at any time since the industrial revolution. This applies to the
professions as much as any other sector of society. So how has the
medical profession altered and how is it responding to these societal
pressures?
In the 19th and early part of the 20th century British physicians were private practitioners and functioned independently. There was a strong moral and ethical background to medicine and a tradition of voluntary work in the poor law institutions as well as in the community. Self regulation began in the 16th century with the foundation of the Royal College of Physicians. This functioned both as a setter of standards and as a closed shop. The Royal College of Surgeons followed two centuries later.
Learning at that time was based on a few medical schools and an
apprenticeship system. Self regulation and a more uniform educational
approach were strengthened in the 19th century with the establishment
of the General Medical Council (GMC) and the introduction of royal
college examinations. Throughout this period, standards and quality
were implicit rather than explicit, with government and society
trusting the medical profession to protect the public and granting
the profession considerable autonomy in the process.
| Summary points
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The implicit compact |
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The introduction of the NHS in 1948 did not fundamentally alter the commitment to medical autonomy and self regulation, but it did result in a new relationship developing between the government, the medical profession, and the public. This relationship was underpinned by an implicit compact based on:
As Klein has pointed out, part of the implicit compact was the government granting the medical profession a large measure of autonomy and control over its work.1 In return, doctors accepted the right of government to determine the budget and the broad national policy framework. It followed that doctors took decisions on the priority for treating patients within the available budget (rationing) and politicians did not seek to influence these decisions. In other words, there was a degree of collusion between the government and the medical profession about not interfering in each other's sphere of responsibility.
One of the consequences was that medicine continued to be largely self
regulating, with both government and the public ceding to the
profession the responsibility to control standards and assure quality
through the GMC and royal colleges. The years after the establishment
of the NHS were also the age in which managers were administrators
and saw their job as providing the resources and environment in which
doctors could do the job that they (the doctors) defined to be
appropriate. Patients were passive recipients of care and were
usually willing to accept that "doctor knows best."
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The weakening of the implicit compact |
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Pinpointing exactly when the implicit compact began to weaken is hard, but the 1960s were probably the watershed. Around this time several things happened.
(1) Organisations representing patients became a more important and challenging force. Examples include the Patients' Association, the National Association of Mental Health (MIND), and the National Association for the Welfare of Children in Hospital.2
(2) Evidence began to emerge that standards were not always up to scratch. Initially this evidence emerged from independent investigations like Sans Everything: A Case to Answer,3 a report highlighting low standards of care for elderly patients. But these investigations were quickly followed by official inquiries, such as the inquiry into conditions at Ely Hospital,4 an institution for people with learning difficulties.
(3) The medical profession became increasingly demanding and started lobbying the government for increases in the NHS budget as technical advances enabled doctors to do more for patients. This began with an argument for greater capital investment5 but developed into sustained campaigning for additional revenue.
The next 30 years witnessed a variety of incremental changes that taken together brought into question the assumptions on which the implicit compact was based. These included:
(1) Attempts to give patients and the public a stronger voice in the NHS
starting with the introduction in 1974 of community health councils
as statutory bodies responsible for representing the public's
interest in the NHS
(2) Moves to strengthen controls over standards
for
example, the setting up in 1968 of the Hospital Advisory Service, a kind
of forerunner of the Commission for Health Improvement, in response
to the report on Ely Hospital
(3) The introduction of clinical audit as a way of getting professionals to
review their work
but on
a voluntary basis. This built on patchy initiatives taken by the
profession itself
(4) Policies to involve professionals in management
for
example, as in the recommendations of the Griffiths inquiry into NHS
management in 1983.
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From gentle administration to hard nosed management
At this time, in the wake of the oil shocks of the 1970s, governments
became much more active in seeking efficiency improvements in the NHS.
Among other things, gentle administration was changing to hard nosed
management, budgets had to be justified, and costs were becoming a
real part of the equation. This led to strained relationships between
managers seeking greater productivity and doctors feeling they were
doing all that could be done with the available resources. The result
was to undermine doctors' sense of professionalism and to reinforce
the feeling that they were on a conveyor belt in which the number of
patients seen mattered more than the quality of care. Subsequent
events have strengthened this feeling and at worst have resulted in
alienation between managers and doctors.
The door to the secret garden starts to open
Notwithstanding these developments and the emergence of voices within
the profession questioning whether clinical freedom still existed,6
doctors were still self regulating and enjoyed much autonomy. Neither
government nor managers saw their role as challenging medical
dominance over clinical decision making, which remained largely a
secret garden exempt from scrutiny. None the less the medical
profession did not stand still. Postgraduate education was
strengthened
starting
with general practice
and
doctors were better trained than ever before. The need for explicit
standards was slowly being recognised, as was the expectation
that doctors should be more accountable for their performance.
More enlightened members of the profession also took steps to involve patients and their representatives in decision making, for example through patient participation groups in primary care and through initiatives on shared decision making. This was in response to a steady decline in deference and a greater willingness on the part of the public to question professional decisions.
The public also began to have higher expectations of public services and to challenge whether the money they were paying in taxes was being spent wisely. Rising expectations were fuelled by increasing affluence and a widening gap between people's experiences in other sectors of consumption and public services. Politicians responded by opening up a debate about the size of public spending and the scope for cutting taxes to enable the public to make more choices themselves.
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The end of the implicit compact |
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These developments have accelerated since 1997, when arguably there has been more change than in the previous 49 years. In effect, the implicit compact between the government, the public, and the profession has been undermined in the process. Building on the trends we have described, this period saw:
(1) The emergence of groups of the public who are more demanding, less deferential, more vociferous, and more aware of the likelihood that things may go wrong
(2) A public made more knowledgeable through the internet and media, with information no longer the secret weapon of the professional (akin to the impact on the clergy of the translation of the Bible from Latin to English)
(3) An increasingly litigious culture and lack of understanding of or proper explanation of risk by the profession
(4) Well publicised evidence of failures of clinical performance at both individual and organisational levels such as the retention of organs without consent at Alder Hey Hospital, the deaths of children after heart surgery at Bristol, and the murder of patients by the general practitioner Harold Shipman
(5) A strong challenge to self regulation by the government, the informed public, and parts of the profession
(6) A greater willingness on the part of government itself to become involved in issues of quality and to regulate performance and standards.
These developments help to explain some of the current discomfort and discontent in the medical profession because their effect is simultaneously to increase the accountability of doctors and to reduce the esteem in which the profession has traditionally been held (although public surveys indicate this is still high).
The challenges facing doctors are exacerbated by increasing workloads and
frustration at the growing gap between what it is possible to do for
patients and what can be done with available resources, even with the
additional funding made available to the NHS in recent years. This
frustration is accentuated by the increasing internationalisation of
medicine and the use of benchmarks from other countries to show areas
in which the United Kingdom is falling behind what is achieved
elsewhere. Having made this point, it is also clear that doctors are
unhappy almost everywhere7 as health
care systems across the world find themselves under increasing
pressure.
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A new and explicit compact |
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If the implicit compact has been undermined, then what might be the basis of a new one?
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Patients' rights
For
the public, it is important to recognise that patients see themselves as having
rights and expect the same standard of service in the NHS as in other
sectors. This means accepting the legitimacy of rising societal
expectations and enabling the NHS to meet these expectations through
sustained increases in resources.
Public responsibilities
At
the same time, there has to be recognition that the NHS is not a market in which
consumers shop around for treatment and care. In a cash limited and
cash constrained NHS there are limits on patients' rights and also
responsibilities on the part of the public to use services
appropriately and to contribute to the well being of others, for
example through blood donation. For their part, patients have a
responsibility to treat doctors and other professionals with dignity
and respect8 and contribute to their own
health by adopting appropriate lifestyles and acting on the
professional advice they are given.
Greater accountability
For
the medical profession, the new compact has to involve acknowledgment that self
regulation must be strengthened9 and
supplemented by the work of new forms of audit and review like the
Commission for Health Improvement and the National Clinical
Assessment Authority. Increased accountability is essential to
preserve appropriate discretion and autonomy and to avoid doctors
becoming mere technicians, slavishly following rules and regulations
determined by others. Equally, the profession has to accept the
legitimate role of managers in the NHS while being willing to play
their part in steering the system at all levels.
Enough resources
In
return, it is reasonable for doctors to expect government and managers to
provide them with the resources they need to deliver a high quality
service. This includes providing resources to enable doctors' working
lives to be improved through administrative support, opportunities
for career development, and recognition of the role of the profession
both through pay and other means. Of particular importance is the
need to ensure appropriate training opportunities and flexibility to
accommodate the increasing number of women in medicine and the need
to allow doctors to take on different roles towards the end of their
careers.
Partnerships
The
quid pro quo is that doctors have to treat patients with dignity and respect and
to see them as partners in the process of decision making and care
giving through informed consent and other mechanisms. There is also a
need to accept the legitimacy of moves to increase patient and public
involvement in the NHS. All of this implies a new kind of
professionalism in which there is a different balance between
autonomy and accountability and a willingness to accept that social
relationships underpinning the clinical encounter have altered
irretrievably.
Support for effective care
This
includes recognition of the need to strengthen the scientific basis of medicine
and for government to support doctors by providing access to
information and evidence to aid clinical decision making. The reality
is that in a world of ever expanding research into clinical and cost
effectiveness, ensuring quality cannot be left to individual
clinicians. It follows that the system in which doctors practise has
a responsibility to facilitate the transfer of evidence into action.
In this respect, government and the profession need to work in
partnership to enable patients to obtain access to the best possible
care.
Stewardship
For
government the new contract entails exercising stewardship of the NHS and
developing a regulatory regime that gives confidence to the public
and ensures effective professional accountability. In this role
government has a responsibility to facilitate partnership with and
between the medical profession and the public and to continue to
allocate sufficient resources to enable the NHS to meet contemporary
expectations. Government has a role too in encouraging a mature
debate about the limits of medicine and the NHS and recognition that
mistakes will occur however good the systems that are put in place.
As this happens, the aim should be to move away from a blame culture
to an NHS in which it is recognised that most failings result from
systems failures for which all parts must accept some share of
responsibility. 10 11
The other side of the coin is recognition of the continuing importance
of professionalism, albeit a professionalism adapted to the 21st
century.
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Trust |
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A new compact will be agreed only if the representatives of the medical profession, the public, and government trust each other and believe they are working towards common goals. In the context of current debates this may seem hopelessly naive, but in the absence of trust it is difficult to envisage how a constructive relationship can be developed.
Trust has been strained by failures in clinical performance and the perception on the part of the profession that government has been too ready on some occasions to blame doctors when things go wrong. The trust of the public has been undermined by the tendency of government to promise more than it can deliver, a tendency that has at the same time led doctors to feel that politicians are raising public expectations to levels that cannot be met.
The new compact we have proposed offers a way forward in emphasising the
rights and responsibilities of each partner and the need for realism
about what can be expected of the NHS. The compact will, however, be
meaningful only if there is much better communication between the
medical profession, the public, and the government based on an honest
understanding of each other's position. A start on this might be made
by using forums like the NHS Modernisation Board that bring together
different stakeholders to strengthen communication and to debate
mutual expectations. Above all, behaviours and actions must be
consistent with the content of a new compact to avoid a further
deterioration in relationships between the medical profession, the
public, and government.
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Conclusion |
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In offering these ideas for discussion, we would reiterate that current discontents are not unique to the United Kingdom or to the medical profession. Health care systems throughout the world reflect the societies and values in which they are embedded, and the NHS is no exception.
To return to our starting point, at a time of rapid social change it is to be expected that those involved in funding, providing, and receiving services as important as health care should be reflecting on how roles and relationships need themselves to change.
As this debate develops, all those involved should play their part, including
other health professions, whose contribution to care giving is more
important than ever. In an era of team working, medicine can no
longer stand above and on one side from the collective responsibility
to deliver high standards of care, even though the role of medicine
among the health professions remains pre-eminent. Many do not wish to
but
for others it is time to stop grieving for the past and to meet the
challenges of the new world and the future. To be sure, the
difficulty for the medical profession in acting in a concerted way in
this debate is formidable,12 given the
wide range of bodies like the BMA and the royal colleges that speak
for doctors, but the risk in not doing so is even greater.
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Acknowledgments |
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The authors write in a personal capacity and their views are not necessarily those of their organisations.
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References |
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| 1. | Klein R. The politics of the National Health Service. London: Longman, 1983. |
| 2. | Ham C. Power, patients and pluralism. In: Barnard K, Lee K, eds. Conflicts in the NHS. London: Croom Helm, 1977. |
| 3. | Robb B, ed. Sans everything: a case to answer. London: Nelson, 1967. |
| 4. | Committee of Enquiry into Allegations of Ill-treatment of Patients and other Irregularities at the Ely Hospital, Cardiff. Report. London: HMSO, 1969. (Cmnd 3975.) |
| 5. | Abel L, Lewin W. Report on hospital building. BMJ
1959; iv(suppl): 109-114 |
| 6. | Hampton JR. The end of clinical freedom. BMJ 1983;
287: 1237-1238 |
| 7. | Smith R. Why are doctors so unhappy? BMJ 2001; 322:
1073-1074 |
| 8. | Chantler C. Patients, professionals and politicians. London: King's Fund, 2001. |
| 9. | Irvine D. Patients and doctors: all change? Newcastle upon Tyne: University of Northumbria, 2001. |
| 10. | Department of Health. A commitment to quality, a quest for excellence. London: DoH, 2001. |
| 11. | Learning from Bristol: report of the public inquiry into children's heart surgery at the Bristol Royal Infirmary 1984-1995. Norwich: Stationery Office, 2001. |
| 12. | Salter B. Change in the governance of medicine: the
politics of self-regulation. Policy and Politics 1999; 27: 143-158 |
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