So I sent one of my patients to prison today. I mean, I didn’t convict or sentence him or anything, but one of the things military doctors have to do sometimes is certify their own patients as medically-fit for detention. (As opposed to civilian GPs, who don’t have to sign-off when civilian patients go to jail – there’s docs at the jail itself for them.) First one I’ve had so far.
25-year-old, history of alcoholism since at least high school; on counselling and probation for the same since last autumn, conditional on staying dry and sober for six months. Found in violation of probation around Christmastime, and sentenced to three weeks in prison, starting as soon as I sign him off “fit for cells”.
It’s one of those gray areas in medicine and the doctor-patient relationship – obviously some might object and decline a medical assessment that would send them to jail, and some might not be so willing to trust a doctor who’s bound to pass them on to prison, but it’s one of those things where patient consent isn’t necessarily the final word.
Of course you have the usual commandments, “Consider first the well-being of the patient”, “first do no harm” and all that, but being in uniform you also have your responsibility to the military. It’s the third key principle of Canadian military ethics everyone learns inside-out in Basic Training, “support lawful authority”. (The first two being “Respect the dignity of all persons” and “Serve Canada before self”, in that order.)
The other thing they drill into you in Basic Training – at least, the version for medical officers – is that you’re not just a doctor for the patient in front of you, but you’re also looking out for the broader military at large. It’s more than the responsibility to community that goes without saying to all physicians in general – you actually have a duty to consider how your patient’s health might affect mission objectives, required military tasks and the rest of the team.
Not that this is just a military thing. Emerg physicians do this all the time too, giving (usually) inebriated belligerents a once-over before police take them off to cool down in the Drunk Tank. When I was working Emerg I never had anyone refuse a check-up; of course they knew as soon as I signed off they’d have to face the music, I guess they figured they’d already been caught, no sense delaying the inevitable. Most were all “been there, done that”, just going through the motions anyway.
Back in Inuvik and Masset it used to be the most frustrating thing about Emerg, getting called out in the middle of a (usually) Friday or Saturday night. Nurses in the North are really good at sorting out all the real emergencies, and taking care themselves of the worried-well coming in at ungodly hours of the night. But for the “fit for cells” and all the medico-legal baggage that comes with it, a doctor had to actually give the blessing.
At least it got easier the longer you worked there – you’d get to know the regulars and their background stories with each visit, so you’d get quicker and better at picking out what was for real, and what was same-old same-old. You’d also get to know the cops bringing them in – at least, the ones who tended to worry most about patients/prisoners going bad in holding cells; the more veteran ones grow their own spidey sense for “sick” and “not sick” and can make the call without having to stop by Emerg.
You’d also get to know the court schedule – the night before, you could be sure at least one person out on bail would try to pull something to get out of their day with the judge. Suicide attempt, drinking binge, you name it. Of course when they do, they get admitted involuntarily; judging by the number of times they’d later leave against medical advice, it’s probably no better than taking the jail time.
Anyway, I guess the complicating thing with this case today was, he’d been set up with an addictions counsellor and psychiatrist since his first violation, and still had some follow-up appointments to attend; if he goes to jail, he’d miss one.
Bit of a judgment call – what do you think? I figured, if he still was breaking probation despite counselling and Psychiatry, one missed appointment wouldn’t change anything with him; maybe 3 weeks in jail will actually hit home and do the trick. What’s more, interfering with a sentence imposed by “lawful authority” for the sake of counselling that isn’t working anyway (yet?) wouldn’t exactly send the right message about the justice system.
He didn’t seem all that bothered about it, kind of the like the ones I see in Emerg actually. “Been there, done that”; no surprise for him apparently. Likely I’ll be getting used to seeing it too.





















































