T. Harbin, Waking
Up Blind: Lawsuits Over Eye Surgery (Minneapolis,
MN, Langdon Street Press: 2009). *
How do ethics really work? How do people actually make
ethical decisions? Tom Harbinճ book is a case study. It is the
story of how the medical establishment of Emory University, my own university,
covered up grossly unethical practices by one of its top physicians. It is also
the story of the differing expressions of courage by the two men who brought
this abuse to light. As such, it is a good study of how ethics work, not in the
classroom or in books, but in the real world.
In 1976, the same year I arrived, Dr. Dwight Cavanagh was
hired by Emory University to build the ophthalmology program. Dwight, whom I
knew passingly, was known as a fine doctor and a great organizer, and he
promptly set about building the Department of Ophthalmology with a large clinical
base and considerable research. He also set about raising over $10 million
dollars to build the Emory Eye Clinic. Before he left in 1987, he had succeeded
in all these – a remarkable accomplishment.
In the early 1980s, his colleagues began to notice irregularities
in Cavanaghճ practice of medicine: very quick
diagnoses, inaccurate diagnoses, changing of numbers on charts, questionable
billing practices, and a patient load that was too heavy for any reasonable
doctor to bear. It was, however, an operation on the wrong eye, done late in
the day, to a poor patient, and the subsequent doctoring of the records that
set off alarms. As it turned out, it happened more than once that patients were
operated on without proper attention being given to their glaucoma or other
conditions, with the result that they actually lost vision in one eye or the
other. And, it was often the poor (in the South, that meant mostly black)
patients who were placed at the end of the operating day.
The lower medical staff went along with Dr. Cavanaghճ decisions, reasoning that he was the boss and he knew
what he was doing. Eventually, Dr. David Campbell, who seems to have been
motivated by a sincere Christian piety, and Dr. Allen Gammon, who seems to have
been motivated by a sense of loyalty to the medical profession, began to raise
questions. They talked to their colleagues, most of whom were more senior, and
were met with evasions and outright hostility from almost all of these
colleagues. They pressed for a Departmental Review that found and reported
problems but the review did not evoke a response from the administration that
would have called for a full and independent review. Then they pressed for a
review by the Ethics Committee of the Medical School. This Committee exonerated
Cavanagh and reprimanded David Campbell.
Thus, rather than rise up in outrage, the medical establishment of Emory
University became accomplices in the cover up.
A few patients were anonymously informed that their loss of
vision was due to errors committed by Dr. Cavanagh and they decided to sue him
and the faculty and physicians of the Emory Clinic and the Medical School. That
development provoked a flurry of defensive activity by the University. It also
prompted parallel investigations by the Georgia Composite Board of State
Medical Examiners and the American Academy of Ophthalmology. The latter found
serious faults in Cavanaghճ care for his patients. The suits
and the investigations also provoked coverage in the Atlanta and national press
which, in turn, provoked more defensive actions by the administration of the
University.
Eventually, Cavanagh ҲesignedӠfrom
Emory. Over the years, the wrong eye suit was settled for $4.2 million while
the other settlements were settled out of court for undisclosed sums. Cavanagh
and others went on to careers elsewhere and, at the time Harbin wrote his book,
were serving in prominent positions in the medical world. Drs. Campbell and
Gammon continued their careers. For Gammon, this meant continuing in
non-academic medicine and, for Campbell, this meant severe curtailment of his
distinguished research career. Both, but especially Campbell, were severely
battered by the experience of being whistle-blowers in a profession that is
very, very hierarchical and very, very self-protective.
The questions raised
by this book are very important. They echo more general question of how and why
ordinary people persuade themselves to do things that they know are wrong,
while other ordinary people manifest courage in the face of steep social
opposition and continue to advocate for truth and justice.
In my 1999 book, The Banality of Good and Evil: Moral Lessons
from the Shoah and Jewish Tradition, I tried to confront these questions.
The short answer is that hierarchies protect themselves by defining ҧoodӠas obedience. To be ҧoodӠis to stick together, to do what one is
expected to do. The resolution to this dilemma, in short, is to build into the
hierarchy an outlet, a method for accepting and seriously dealing with
criticism of the hierarchy. In most organizations, this is the ombudsman. Had
there had been an effective ombudsman at Emory when these events took place,
someone who could be relied upon to conduct a full and independent
investigation and publish its findings publicly, matters might have turned out
differently. Such a procedure would have taken the process out of the hands of
the Department of Ophthalmology and the medical and legal establishment of the
University, whose role it is to defend, not to investigate. The characters would
have remained the same. The arguments and counter-arguments would have been the
same. But the process would have been more honest.
The question of why
Campbell and Gammon resisted is also interesting. I do not know them, nor have
I interviewed them, but I am willing to wager that both come from homes where
childhood punishment was strict but fair. I would also wager that each had a
person in his life who modeled behavior that resisted authority in the name of
truth and justice. That is what the evidence shows, as I indicated in Banality.
Waking Up Blind:
Lawsuits Over Eye Surgery is a very sad story – for the victims, for my
University, and even for the heroes. But it is instructive, and Harbinճ narrative should give all who teach ethics and morality
much pause to think.
* Appeared in Reviews in
Religion and Theology, 19:4 (Sept. 2012) 460-63.