Role of the Diagnostic in Professional Practice - medicine vs law
Triggered by some comments from Prem Chandavarkar, my last post
discussed the development of a discipline of practice. Here I defined
one knowledge domain as the application of the profession in practice
by individual professionals. Doctor/patient, lawyer/client etc.
Essentially, how do we do what we do.
I thought that I would extend this discussion by taking one element in
this application, the initial diagnosis, briefly comparing the
processes adopted in medicine and law.
The Medical Case
Effective diagnosis is central to the practice of medicine. For that
reason it also forms a key element in the training of doctors. Here I
am not talking about the grand drama as presented in the US TV program
House where the team stumbles from one possibility to another in face
of complex and puzzling diagnostic problems, rather the more mundane
day to day application of diagnosis in practice.
I saw the importance placed upon the diagnostic during my two year
period as CEO of the Royal Australian (now Australian and New Zealand)
College of Ophthalmologists, the peak body responsible for the
training of future eye care specialists in Australia and New Zealand.
At the time the Victorian Government had decided to grant certain
prescribing rights to optometrists. The College's position was that
optometrists lacked the diagnostic skills necessary to prescribe those
drugs safely. There were some turf elements in this position among at
least some ophthalmologists, but overall it reflected a very strong
belief in the need for effective diagnosis to ensure protection of
patient interests.
Given that the Government was going to grant the rights, the College
argued that this should be made conditional upon optometrists
undergoing additional training. The College was then asked to advise
on just what additional minimum training should be mandated and why.
The word minimum is important. The College could not simply put
forward a shopping list whose effect would be to derail the process.
So we needed a structured process to both define what was required and
explain why. Importantly, the requirements had to be defined with
sufficient clarity to allow universities responsible for training
optometrists to incorporate them into future optometric training.
We adopted a competency based approach. These approaches are common in
education and training in Australia, New Zealand or Europe, less so in
the US. In simple terms, they involve defining what minimum level of
competence is required to do something effectively, defining how this
competence is to be measured, then specifying the necessary knowledge,
skills and judgment required to achieve that degree of competence.
I provided more information on these approaches in one of my earlier
posts on people management in professional services.
Application of these approaches to a specialist medical area was then
new and required our specialists to stand back and look at what they
did and why. One outcome was defined competencies relating to the
diagnostic process.
Comparison with Law
Now compare medicine and law.
When the patient comes to see the doctor, the doctor goes though a
structured process checking medical history, finding out any symptoms
from the patient, carrying out any necessary tests, developing a
diagnosis and then defining treatment. If necessary, the doctor will
refer the patient on for specialist advice.
The equivalent process in law is far less structured.
Putting it in medical terms, the patient comes to the doctor with
symptoms (I want a contract), the doctor then finds out what treatment
the patient thinks is required (what do you want to go into your
contract), then prescribes and makes the necessary drugs (the
contract) drawing from the in-house pharmacy (templates, precedents).
Perhaps not surprisingly, both misdiagnosis and wrong prescription are
not unusual. The problem may in fact not be a legal one at all. If a
legal problem, the real requirement may be different from that
specified by the client. In both cases, the final legal outcome is
likely to be unsatisfactory and may even be disastrous.
Linking all this back to my starting point, the knowledge domain I
defined as the application of the profession in practice by individual
professionals. Doctor/patient, lawyer/client etc. Essentially, how do
we do what we do.
My point about the medicine versus law comparison is that I think that
all professions can benefit from re-examination of the way they apply
their profession in practice. I also think that all professions can
benefit from examination of the way other professions undertake
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