| Literature DB >> 35411830 |
Ryan Essex, Sharon Marie Weldon1.
Abstract
Strike action in healthcare has been a common global phenomenon. As such action is designed to be disruptive, it creates substantial ethical tension, the most cited of which relates to patient harm, that is, a strike may not only disrupt an employer, but it could also have serious implications for the delivery of care. This article systematically reviewed the literature on strike action in healthcare with the aim of providing an overview of the major justifications for strike action, identifying relative strengths and shortcomings of this literature and providing direction for future discussions, and theoretical and empirical research. Three major themes emerged related to (1) the relationship between healthcare workers, patients and society; (2) the consequences of strike action; and (3) the conduct of strike action. Those who argue against strike action generally cite the harms of such action, particularly as it relates to patients. Many also argue that healthcare workers, because of their skills and position in society, have a special obligation to their patients and society more generally. Those who see this action as not only permissible but also, in some cases, necessary have advanced several points in response, arguing that healthcare workers do not necessarily have any special obligation to their patients or society, and even if so, this obligation is not absolute. Overwhelmingly, when talking about the potential risks of strike action, authors have focused on patient welfare and the impact that a strike could have. Several directions for future work are identified, including greater explorations into how structural and systemic issues impact strike action, the need for greater consideration about the contextual factors that influence the risks and characteristics of strike action and finally the need to tie this literature to existing empirical evidence.Entities:
Keywords: Healthcare; nurse; protest; strike; strike action
Mesh:
Year: 2022 PMID: 35411830 PMCID: PMC9442631 DOI: 10.1177/09697330211022411
Source DB: PubMed Journal: Nurs Ethics ISSN: 0969-7330 Impact factor: 3.344
Figure 1.Modified PRISMA flow diagram.
Summary of articles included in this review and their major arguments/ideas/themes.
| Authors | Year | Summary | The relationship between healthcare workers, patients and society | The consequences of strike action | Conducting strike action |
|---|---|---|---|---|---|
| Brecher
| 1985 | This article argues that healthcare workers are not under any special obligation to refrain from going on strike, taking on a major argument that healthcare strike are unique as healthcare workers have a special responsibility to their patients. The author argues that strikes are not necessarily a good thing or the best means to solve dilemmas; however, as healthcare workers have no ‘special responsibility’ to their patients, they are a permissible form of action. More so, the authors argue that it is in fact those arguing against strike action ‘those who bear the greatest responsibility, on their own grounds, for needless death and suffering’ | This article centres on the question of whether strike action can be justified. The author argues that ‘workers are not under any special obligation to refrain from going on strike’, on the ‘grounds that their circumstances as medical workers are not relevantly special’. The author goes on to argue that unless ‘human life is in all circumstances a completely overriding value…the striker whose omissions bring about someone’s death has no prima facie moral case to answer’ | ||
| Chima
| 2013 | This article discusses a range of issues related to strike action. Interestingly this article introduces a number of issues that are particularly pertinent to health in Africa and ties the issues of strikes in with issues such as brain drain. The author argues strongly for strike action, however acknowledges that health workers should consider patient safety and put safeguards in place if taking strike action | While the author suggests that healthcare workers should consider the impact of a strike on patients, the author also believes that the government also has responsibility, arguing that they hold the same responsibility for healthcare | This article also discusses a number of characteristics of strike action, such as the aims of strike action, arguing that ‘doctors and other workers must resist the impulse to make economic demands which are beyond the capacity of the employer or which could hamper the provision of other social services’. The article also calls on healthcare workers to provide a minimum standard of care if they go on strike | |
| Counihan
| 1982 | While sympathetic to strike action, this author argues strongly against it, citing the potential impact it may have on patients as a primary concern. The author instead calls for a number of reforms aimed at avoiding strike action | This author argues that there is no basis for strike action, mainly because of the potential it has to harm patients | While the author acknowledges that ‘[t]here are obviously gradations in the consequence of withdrawal of service’ they argue against a strike on the grounds that it could harm patients, noting that ‘if management is doing its job properly, there are no non-essential workers in the Health Service’ | This article dismisses the idea that providing care during a strike is possible, arguing that this ‘is a very nebulous concept’ |
| Daniels
| 1978 | This article discusses the issue of collective bargaining, unionisation, professionalism and strikes. In relation to the justification of strikes, this article focuses on the reasons for striking (under the assumption that physicians are generally well paid) and discusses a number of characteristics of strike action. The author suggests that strike action can be justified if there are no serious risks to patients | This article argues a strike can be justified if it presents no serious risks to patients. Unlike a number of other papers here, the author discusses the potential conflict between unionisation and professionalism | This article argues that the demands of a strike are far more important than arguments related to the justification for such action. The author notes that they would find it hard to justify a strike if it ‘did not have as a significant part of their goals demands directly related to improved patient care’. The author also discusses some other issues, like strike action being a last resort and considering the degree of public support that the strike receives | |
| Dimond
| 1997 | This article reviews the regulatory and legal issues related to a strike for nurses in the United Kingdom. This article discusses how nurses may be held accountable if taking strike action | This article explores the law relating to strikes and other industrial action in the United Kingdom and the problems faced by nurse practitioners. It also reviews the advice given to nurses by the professional associations. If any employee takes part in industrial action, he or she could personally face four arenas of accountability for this action: disciplinary proceedings before the employer, criminal proceedings, civil proceedings for negligence and professional conduct proceedings | ||
| Dworkin
| 1977 | This article examines the moral and legal arguments related to strikes within the medical profession. The author argues that there is no justification for strike action and largely focus on two points, the harm to patients and a broader harm to society that a strike may promote | This article argues that ‘grief, distress, physical harm and, almost certainly, unnecessary death’ almost always occur as a result of strike action. The author goes on to dismiss arguments for strike action that maintain that emergency is left in place. Interestingly and unlike many other articles, here the author argues that a strike could prompt broader harm through promoting disobedience towards the law and ‘upset dramatically the social and political balance of the country’ | ||
| Fiester
| 2004 | This article offers three related arguments to support a prima facie prohibition against strike action. The author argues that strikes are intended to cause harm to patients; strikes are an affront to the physician–patient relationship and strikes risk decreasing the public’s respect for the medical profession. The author argues that a strike could be justified in very limited circumstances | This article opposes strike action on number of grounds; interestingly and in contrast to some of the work above, the author argues that strike action is an ‘affront to the physician-patient relationship’ | This article opposes strike action in relation to the risks they present. The author not only argues that strike action has the potential to harm patients, but that strike action intentionally harms patients. The author also argues that strike action also has the potential to damage the doctor–patient relationship more generally and the general public’s respect for the medical profession | Interestingly and unlike many other articles, here this article argues that a strike could be justified (or more justifiable) if patient consent was obtained. The article argues that ‘[r]ather than this strike being a case of promise-breaking, it is a case of patients’ temporarily releasing physicians from a contractual agreement’ |
| Glick
| 1986 | This article was written in response to Brecher (above), and essentially takes on a number of Brecher’s points arguing that a strike is never justified ‘regardless of the provocation’ | This article argues that healthcare workers are in a ‘special class’ because they deal with human lives and because, upon joining the profession or accepting their job, they have voluntarily undertaken a commitment to those they serve | This article argues that strike action cannot be justified, mainly because of the risks it presents to patients; the author offers the analogy that strike action from healthcare workers is like ‘airline pilots threaten[ing] to parachute from their planes and leave their passengers without a pilot in mid-air’ | |
| Jackson
| 2000 | This article explores medical strikes in relation to trust. That is, how a strike impacts on trust of medical professionals and the medical profession more broadly. The author argues that the complex nature of the trust relationship between physicians and patients is, in large part, why healthcare strikes are so problematic. The author suggests that strikes could be justified pending how they are conducted, but gives little detail on how to ‘conduct’ a justified strike | Rather than focus on risks to health, this article focuses on how a strike may be perceived and the role this may have in its justification. This article argues that strike action could have long-term impacts on how the public perceive the professions. The author argues that this could cut both ways, noting that if done for the ‘right’ reasons, strike action may preserve professional identities ‘as healers’. Equally, however, a strike could lead to patients feeling betrayed by healthcare workers | ||
| Johnstone
| 2012 | This brief article introduces a unique perspective in that it shows how the idea of ‘patient safety’ can be co-opted. The author shows how, during strikes in Australia, the government manipulated concerns about patient safety to ‘name, blame and shame’ nurses | This article provides an example of strike action in Australia and raises a number of interesting questions about the responsibility for such action, along with how this was manipulated by the Australian government. The author notes that ‘the government of the day repeatedly used “patient safety” to name, blame and shame the nurses for their action and to falsely attribute the “everyday” deficits and failings of the healthcare system to the industrial action being taken’. This article shows how arguments about patient care can be made to support and oppose strike action | ||
| Li et al.
| 2015 | This article considers a range of factors that justify strike action. The authors argue that for strikes to be considered justified, a minimum standard of care for patients should remain in place, the action should aim to improve care for future patients and that no alternatives exist to address the issues at hand | In relation to the risks of strike action, the authors introduce a temporal aspect and again show the malleability of the idea of using ‘patient care’ as a means to argue for and against strike action. The authors argue that, at times, ‘advocating for “best care” for future patients may mean compromising on “best care” for current patients’. They go on to argue that there are already precedents for this, for example, replacing facilities may reduce capacity in the shorter term but lead to better care in the longer term | This article assumes that strike action should be undertaken to improve patient care over the longer term, it does not discuss whether other demands could be justified, however does acknowledge that strikes often have multiple and mixed goals. The authors also argue that a strike should leave in place a minimal standard of care and that for this reason it would be difficult to justify a complete withdrawal of all staff. They also argue that a strike should only occur after all alternatives have been exhausted if it is to be justified | |
| Loewy
| 2000 | This article presents a somewhat unique perspective, arguing that healthcare is not the most important social good and that healthcare professionals are not any more essential than a range of other workers (somewhat similar to Brecher above). The author argues that while some of the services provided by healthcare workers are life-saving, many are not. The authors argue that four particular elements of strikes should be singled out for scrutiny: the nature of the work, the prior commitment of the striking worker to the person served or to be served, the particular situation extant when such a strike is contemplated and the person or persons whom such a strike is meant to benefit | One focus of this article relates to the permissibility of strike action. The author argues that to maintain a strike is not justifiable one also has to maintain that ‘healthcare is a paramount human value’. The author argues that this could result in healthcare workers having to continue to work under any circumstance. Unlike Brecher above, this article does not maintain that healthcare workers have no special obligations, the article does acknowledge that healthcare workers play important roles, but that the obligations attached to these roles have limits | The author does discuss the issue of the risks that strike action presents, noting that ‘under most circumstances, are not free simply to “walk out” and abandon critically ill patients to their own devices…Only as a last resort, and that under almost inconceivable conditions, might a total strike of healthcare workers be justified’ | This article discusses the demands attached to strike action. Unlike a number of other articles, the author argues that strike can be justified if it is carried out in self-interest, that is, better pay or working conditions. The author also indirectly addresses the question of who should go on strike, noting that a total strike (involving all professionals) could only be justified as a last resort. Also, unlike a number of articles, this article gives some consideration to the context in which a strike is occurring, noting that a strike would be far more difficult to justify at a time of national emergency such as during a pandemic |
| MacDougall
| 2013 | This article explores a key assumption in relation to the justification of strike action, that healthcare workers have a special relationship with society. The author examines common arguments that ground physicians’ special relationship with society and argues that such positions are untenable | Examining practice-based, utilitarian and social contract accounts of the relationship that healthcare workers have with society, this article argues that in grounding any ‘special obligations’, these positions are ‘either infeasible as views of medical morality…or are best understood as binding moral agents only when those agents have voluntarily submitted to the clear codes or traditions of self policing associations’ | ||
| Mawere
| 2010 | This article argues against a strike drawing on a range of ethical principles. Its most important contribution (for our purposes) and where it stands in contrast with the other articles included here, is that it provides an African perspective on these issues and draws on African communalism to argue that a strike cannot be justified | In arguing that a strike is not permissible, the author argues that a strike is ‘not only morally unjustifiable but also unfair and unjust to other members of the community. This is so because in any society (where people have the common goals) each member has his duties and responsibilities which s/he should accomplish with all the cogency, dedication and efficiency for his good and the good of the society…The values of individuals and individual rights, for example, are normally overridden by the values and rights of the community as a whole’ | ||
| Muyskens
| 1982 | This article argues for strike action on the grounds that nurses not only have obligations to their individual patients, but a collective obligation to maintain a high standard of care. In balancing these obligations, they suggest we imagine a modified Rawlsian original position, where ‘members of the public cannot know when or what nursing care they may need (they are under a veil of ignorance) and nurses also do not know in what situation they will find themselves’ | This article argues that strikes can be justified as nurses not only have obligations to their patients, but a broader obligation to society in maintaining a high standard of care. The author essentially sees the most important consideration in weighing up whether it is justified as ‘how one balances the collective responsibility to maintain and improve the quality of nursing care with an individual nurse’s responsibility to her/his own patients’ | ||
| Neiman
| 2011 | This article argues that traditional deontological and consequential perspectives focus too narrowly on the tension a strike creates between nurse and patients. The author argues that healthcare is also a community endeavour, not just a conflict between nurses and their individual patients. That is, the community and a range of parties also have a responsibility for healthcare delivery. ‘The community as a whole has an obligation to provide healthcare for its members’ | Similar to Muyskens above, this article argues that seeing a strike as a conflict between an individual nurse and their patient is myopic. The author argues that to understand and justify strike action, nurses need to be seen among broader healthcare systems, which are influenced by multiple parties such as insurance and government, for example. The author suggests that the responsibility for strike action extends beyond individual nurses | ||
| Robertson and Bion
| 2012 | This is a debate article in which Robertson argues for strike action to protect doctors’ pensions, mainly on the assumption that patient care can be maintained. Bion presents the case against such action, arguing that such action would not only impact patients but may impact the standing of doctors more generally in the eyes of the public | The discussion presented in this article focuses on the possible consequences on strike action. Robertson, for example, believes that potential risks to patients can be mitigated and strike action is, therefore, justified. Bion, however, is more sceptical and not only raises patient care as an issue but the impact that such action could have on the standing of the professions more generally. Interestingly, Bion also takes on the position regarding responsibility for a strike. Unlike other authors who have argued that governments and the general public also have responsibilities for a functioning healthcare system, Bion suggests that this does not absolve healthcare workers of their responsibilities and, if anything, a focus on the government diminishes the professions as leaders. Bion also seems to suggest that such action could also contribute to a broader erosion of ‘professionalism’ in healthcare workers | Two issues regarding the nature of strike action are implied in this article. First, the goals of the action relate to doctors’ pensions. Second, one author believes the impact of such action on patients can be minimised (by continuing to provide a minimum standard of care), this point is disputed by Bion | |
| Rosner
| 1993 | This article argues against a strike from a position of Jewish law, concluding that ‘a cardinal principle of Judaism is that life is of infinite value and clinicians cannot be justified in walking away from their posts’ | This article argues that a strike cannot be justified because under Judaism, ‘a life is of infinite value and clinicians cannot be justified in walking away from their posts’. The argument advanced here, while grounded in Jewish law shares a number of parallels with more secular arguments above that healthcare workers have a ‘special obligation’ to society | ||
| Selemogo
| 2014 | Drawing on just war theory, this article provides a framework against which strike action can be evaluated. The author argues that if action is justified it should meet each of the criteria laid out in this framework | Unlike other articles, instead of directly discussing the potential consequences of strike action, the author argues that instead it should be proportional. While proportionality is not discussed in much depth, it could be that the author is suggesting that a strike should be a proportional response to the problem at hand, it could also mean that a strike does not inflict unnecessary harm on patients | This framework goes on to outline a range of further considerations. This includes that a strike occurs for the right reasons; for the author, this generally means that a strike should seek to ‘confront a real and certain danger to the health of the population’. The author also argues that a strike should be a last resort, a minimum standard of care should be provided to patients throughout the strike, a strike should have a reasonable chance of being successful, that permission to strike has been granted from a central body (i.e. a union or professional body) and that a formal declaration is made, which the author appears to suggest could be used as a means to rally public support for the strike in question | |
| Tabak & Wagner
| 1997 | This wide-ranging article discusses a number of elements of strike action. It discusses strikes as a ‘right or freedom’ on how the public view strikes and the legality of strike action. This article’s most interesting contribution for our purposes is that it focuses on the impact that strike action may have on individual nurses | This article notes that in past strike action, the public has found a scapegoat in nurses. The authors instead suggest that the government ought to take responsibility for why a strike is needed in the first place. The authors go on to discuss the potential risk of strike action for individuals, both nurses and the general public noting that, reaction to a strike is usually ‘based on ethical and moral claims, which play on nurses’ consciences’ | This article goes on to discuss how a strike could be conducted to place patients at minimal risk. The authors argue that a minimum standard of care should be provided during strike action and that other healthcare workers are mobilised to assist. The authors also note that it is often the threat of a strike that is often enough to prompt action | |
| Toynbee et al.
| 2016 | This article was written in the context of the UK junior doctors’ strikes. The authors argue against an absolute prohibition of strike action, noting that this would require the acceptance that doctors would have to work under any range of conditions at any time. The authors go on to outline the feature of strike action that would ensure it is justifiable, such as ensuring safeguards are in place to ensure patient well-being | The authors provide a practical explanation as to why an absolute prohibition on strike action is unsustainable and misguided, arguing that it would require an ‘acceptance that once a person becomes a doctor they are obliged to work under any conditions, at any time, with any number of patients’ | This article argues that strikes under the right condition are not an unfortunate necessity, but necessary to address patient safety concerns. Again, and like many articles above, the authors use the issue of patient safety, but to argue for strike action. The authors also argue that the state also shares responsibility for such action | The authors argue that in this case, the demands attached to the strike were just, and that junior doctors in the United Kingdom at the time faced increasing pressures related to their workload. The authors go on to imply that a strike should be a last resort, and assume that a minimum standard of care will be left in place as consultants would be left to care for patients |
| Veatch & Bleich
| 1975 | This article outlines a debate between Veatch and Bleich. Veatch argues for strike action, turning to the principle of justice, noting that patient care may be sacrificed in the short term for long-term gains. Bleich, on the contrary, argues that immediate needs create immediate obligations and that strike action cannot be justified as healthcare workers possess a unique set of skills and, as a result, society can make unique claims on them | While this article largely focuses on the risks/consequences of strike action, it does touch upon why such action is justified or not. Veatch turns to the principle of justice to argue, like others above, that healthcare workers have a broader obligation to society, to future patients. Bleich. On the contrary, it suggests that as clinicians have a special set of skills, society can make special claims upon them. He does, however, acknowledge that society also has obligations, that they need to provide the systems and structures so that healthcare workers can discharge their duties | Veatch argues that a patient’s immediate interests could justifiably be compromised to serve a broader or future good. Veatch acknowledges that healthcare workers have entered into a ‘contract to render care’, however, contends that this is not without limits. Furthermore, Veatch also suggests that examining a strike as an individual issue oversimplifies the situation, arguing that, ‘[i]nsisting that the physician should do what he thinks will benefit those who are his particular patients at the present time is not only paternalistic and individualistic, it is also an oversimplified reduction of a complex set of social interactions. It defines the situation improperly’. Bleich, on the contrary, argues that ‘Immediate needs create immediate obligations. Anticipated needs do not generate immediate, compelling obligations’ and that as healthcare workers have a unique set of skills, society makes a unique claim on them | While neither author discusses the aims of strike action, it is assumed through this article that the aims of strike action are to improve patient care |
| Wolfe
| 1979 | This brief article provides individual reflections on strike action and offers an interesting perspective on who is responsible for such action. The author essentially argues that strikes can be justified if ‘the rights and health of patients and the public are preserved’ and that ‘health worker strikes, if his important caveat is respected, have in general not been shown to harm innocent people’ | Perhaps the most interesting contribution of this article (for our purposes) is how the author frames the dilemmas of strike action. While supportive of such action if the rights of patients and the public can be maintained, Wolfe does not frame this as an issue that is for healthcare workers alone, noting that in many ways, healthcare workers are always on strike, with services withheld or inadequate for large groups of the population. Similar to Veatch above, the author appears to be appealing to justice, arguing that strike action may remedy existing inequalities and improve care for those who would otherwise not have it |