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      Global medicine: Is it ethical or morally justifiable for doctors and other healthcare workers to go on strike?

      research-article
      1 ,
      BMC Medical Ethics
      BioMed Central
      3rd Ethics, Human Rights and Medical Law Conference, Africa Health Congress 2013
      7-9 May 2013
      Doctors, Healthcare workers, Strikes, Employees, Employers, Health policy, Law, Ethics, Human Rights

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          Abstract

          Background

          Doctor and healthcare worker (HCW) strikes are a global phenomenon with the potential to negatively impact on the quality of healthcare services and the doctor-patient relationship. Strikes are a legitimate deadlock breaking mechanism employed when labour negotiations have reached an impasse during collective bargaining. Striking doctors usually have a moral dilemma between adherence to the Hippocratic tenets of the medical profession and fiduciary obligation to patients. In such circumstances the ethical principles of respect for autonomy, justice and beneficence all come into conflict, whereby doctors struggle with their role as ordinary employees who are rightfully entitled to a just wage for just work versus their moral obligations to patients and society.

          Discussion

          It has been argued that to deny any group of workers, including "essential workers" the right to strike is akin to enslavement which is ethically and morally indefensible. While HCW strikes occur globally, the impact appears more severe in developing countries challenged by poorer socio-economic circumstances, embedded infrastructural deficiencies, and lack of viable alternative means of obtaining healthcare. These communities appear to satisfy the criteria for vulnerability and may be deserving of special ethical consideration when doctor and HCW strikes are contemplated.

          Summary

          The right to strike is considered a fundamental right whose derogation would be inimical to the proper functioning of employer/employee collective bargaining in democratic societies. Motivations for HCW strikes include the natural pressure to fulfil human needs and the paradigm shift in modern medical practice, from self-employment and benevolent paternalism, to managed healthcare and consumer rights. Minimizing the incidence and impact of HCW strikes will require an ethical approach from all stakeholders, and recognition that all parties have an equal moral obligation to serve the best interests of society. Employers should implement legitimate collective bargaining agreements in a timely manner and high-handed actions such as mass-firing of striking HCWs, or unjustifiable disciplinary action by regulators should be avoided. Minimum service level agreements should be implemented to mitigate the impact of HCW strikes on indigent populations. Striking employees including HCWs should also desist from making unrealistic wage demands which could bankrupt governments/employers or hamper provision of other equally important social services to the general population.

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          Most cited references20

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          Hospitals' race to employ physicians--the logic behind a money-losing proposition.

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            Ethical dilemmas of the doctors' strike in Israel.

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              Strikes by physicians: a historical perspective toward an ethical evaluation.

              Current conditions surrounding the house of medicine-including corporate and government cost-containment strategies, increasing market-penetration schemes in health care, along with clinical scrutiny and the administrative control imposed under privatization by managed care firms, insurance companies, and governments-have spurred an upsurge in physician unionization, which requires a revisiting of the issue of physician strikes. Strikes by physicians have been relatively rare events in medical history. When they have occurred, they have aroused intense debate over their ethical justification among professionals and the public alike, notwithstanding what caused the strikes. As physicians and other health care providers increasingly find employment within organizations as wage-contract employees and their work becomes more highly rationalized, more physicians will join labor organizations to protect both their economic and their professional interests. As a result, these physicians will have to come to terms with the use of the strike weapon. On the surface, many health care strikes may not ever seem justifiable, but in certain defined situations a strike would be not only permissible but an ethical imperative. With an exacerbation of labor strife in the health sector in many nations, it is crucial to explore the question of what constitutes an ethical physician strike.
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                Author and article information

                Conference
                BMC Med Ethics
                BMC Med Ethics
                BMC Medical Ethics
                BioMed Central
                1472-6939
                2013
                19 December 2013
                : 14
                : Suppl 1
                : S5
                Affiliations
                [1 ]Programme of Bio & Research Ethics and Medical Law, Nelson R Mandela School of Medicine & School of Nursing and Public Health, College of Health Sciences, University of KwaZulu-Natal, Durban, South Africa
                Article
                1472-6939-14-S1-S5
                10.1186/1472-6939-14-S1-S5
                3878318
                24564968
                7ffddca9-2dfb-4b95-b8e8-d2d26cdc9133
                Copyright © 2013 Chima; licensee BioMed Central Ltd.

                This is an Open Access article distributed under the terms of the Creative Commons Attribution License ( http://creativecommons.org/licenses/by/2.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. The Creative Commons Public Domain Dedication waiver ( http://creativecommons.org/publicdomain/zero/1.0/) applies to the data made available in this article, unless otherwise stated.

                3rd Ethics, Human Rights and Medical Law Conference, Africa Health Congress 2013
                Johannesburg, South Africa
                7-9 May 2013
                History
                Categories
                Research Article

                Medicine
                doctors,healthcare workers,strikes,employers,ethics,employees,health policy,law,human rights
                Medicine
                doctors, healthcare workers, strikes, employers, ethics, employees, health policy, law, human rights

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