Across the health care industry, new
requirements and initiatives for collecting data
about patients’ sexual orientation and gender
identity (SOGI) have increased over the last
few years. Clinical needs, concerns about
patient safety, epidemiological and population
health efforts, and regulatory demands have all
contributed to these new developments. Many
Catholic health care ministries have already
found ways to respond to this environment,
and others are discerning their own path
forward.
Mercy has recently charted its own course
through these waters and found them, perhaps
predictably, somewhat tumultuous. We
began the process with a long questionnaire
covering SOGI data thoroughly and including
questions about sexual orientation, an organ
inventory, and so on. One plan suggested
that this questionnaire be incorporated into
the electronic medical records system and
administered to every patient who came into
our care. Concerns soon arose about this
approach. Some co-workers and clinicians felt
that they were being pressed into taking sides in
polarizing cultural conflicts; others wondered
how it all intersected with our Catholic
identity; and still others worried that the
questionnaire was too invasive and would make
many patients uncomfortable, especially since
some of the data points didn’t seem to align directly with clinical needs.
In response to these concerns, we shifted course
and found a way that works for us to address
the fundamental concerns driving these SOGI
data collection initiatives, while taking the
concerns of our co-workers and clinicians into
account. The ethical heart of this approach
centers on the demands of what one could call
narrative respect. In this essay, I will explain
that concept, drawing on Wayne C. Booth’s
ethics of fiction; indicate how we applied it to
the issue of SOGI data collection; and briefly
summarize the benefits of that approach.
Each patient’s chart tells a story. It includes
the essential elements that narrative theorists
have identified as definitive of a narrative: a
teller and a tale.1
The tale is sometimes front
and center; consider all the notes that include
a “History of the Present Illness.” Even beyond
those histories, the chart as a whole is an
ongoing presentation of the patient’s course
through disease processes, recoveries, efforts
at health maintenance, and so on, all made
intelligible through their linking in a narrative
moving from beginning to middle to eventual
end.2
The mark distinguishing a narrative from a
drama is its indirect presentation of the actions
and events through the perspective of a teller.3
A patient’s chart, along with its tale, features
a plethora of tellers, as each clinician presents
the narrative from a particular professional
and personal perspective; and, if clinicians are
sufficiently attentive, the patient’s own telling
will be represented in the chart as well. If a
robust alliance has formed between the patient
and the caregivers, one might even find that
the tale is ultimately told by a team whose
contributions achieve some unity of perspective.
But in any event, the chart offers its readers
a narrative representation of the patient’s
experience.4
The literary scholar Wayne C. Booth draws
readers’ attention to a feature of stories that
suggested a path forward for our SOGI data
collection initiative. Booth points out that every
story presents the reader or auditor with a set
of fixed norms, “beliefs on which the narrative
depends for its effect but which are also by
implication applicable in the ‘real’ world.”5
For
example, writes Booth, “The Goose that Laid
the Golden Egg” suggests many ‘nonce beliefs,’
only to be accepted as obtaining in the world
of the story—such as that geese can lay golden
eggs—but also many fixed norms, such as
“Greed is self-destructive.”
Careful readers can identify a story’s fixed
norms and understanding them is crucial to
a full appreciation of a narrative. The effort
to understand a narrative in terms of its own
fixed norms, however, does not necessarily
entail the reader’s own endorsement of that
norm as applying in both the world internal to
the narrative and the world external to it. For
example, a riveting piece of sports journalism
may imply the norm that athletic excellence is
a preeminent human good, and a reader may
understand the story in those terms, without agreeing that, in the “real” world, athletic
excellence is so central to human flourishing.
Different tales and different tellers structure
their stories according to different fixed norms,
and this applies to patients and their charts as
well. Some fixed norms are common across
almost all patients’ stories—such as that health
is generally preferable to illness—but others are
less universal. In the present case, for example,
the stories that some patients tell about
themselves include fixed norms that present
the relation between gender identity and
biological sex as accidental; but other patients
structure their narratives around opposing fixed
norms. Attempts to standardize the narratives
contained in patient charts, beyond the scope
of those very general and nearly universal fixed
norms, present the danger of imposing on all
patients the fixed norms that belong only to
some patients' telling of their stories.
Recognizing this reality allows one to frame
the difficulty of SOGI data collection in a
new way. The problem is how to elicit every
patient's story in the chart, as each would tell
it, without imposing controversial fixed norms
on any patient, at least as far as possible. From
this perspective, it becomes apparent that the
misgivings co-workers expressed about our
original process reflected a reasonable intuition:
that requiring all patients’ charts to identify
them in categories such as “transgender” or
“cisgender” represented a kind of narrative
imperialism, forcing patients to tell stories
in accord with fixed norms that they would
themselves reject. In that case, their charts
would stifle their own telling of their stories
rather than giving them an honored place.
This form of imperialism acts on the assumption that local or individual differences
are not relevant and that authority—in this
case, narrative authority—must ultimately rest
in a higher, more expert perspective. What we
needed to counteract that narrative imperialism
was an attitude of narrative respect. Narrative
respect requires care teams to recognize patients’
authority to tell their own story by making
place for the telling of their stories in their
charts and by avoiding, as far as possible, the
imposition of controversial fixed norms that the
patients may not endorse. Without this kind
of respect, caregivers will often find themselves
unable to discern the coherence of patient
narratives, because they will lack access to the
fixed norms that underpin their intelligibility.6
However, the fact that caregivers exercising
narrative respect will engage a variety of patient
stories with diverse and conflicting fixed norms
raises another perplexity. It suggests a kind
of incoherence in their own perspectives with
caregivers careening from one fixed norm to
a contrary one in the course of a few minutes
with the electronic medical record (EMR).
But Booth’s reflections again suggest a way out.
He writes, “[W]e may finally, on reflection,
reject even the fixed norms: that is precisely
what much ethical criticism does.”7
Narrative
respect does not require careful readers to
endorse the fixed norms in the stories they
encounter, but only to recognize them and
consider how they provide the structure for the
meaning the teller finds in the tale. Clinicians
experience this kind of tension in many
different circumstances. Consider the expectant
mother whose birth plans strike the caregiver
as excessively risky but also as understandable
in terms of fixed norms rooted in holistic
approaches to health or cultural mores. Or
think of those types of counseling in which the therapist helps clients to uncover unrealized
fixed norms in their own stories and reflectively
evaluate them.
In some cases, a patient’s chart will remain a
site of tension, because the multiple tellers of
the tale it contains will not share important
fixed norms, even if each can understand the
others’ stories in terms of their respective
commitments. Not every chart attains
that unity of perspective that comes from
integrating telling of the tale that are distinct
and yet share central fixed norms. Narrative
respect does not require every teller of the tale
in the chart to endorse the same fixed norms,
but it does require a place for those diverse
tellings to be heard and the effort to understand
them in their own terms.
The applications of this understanding of
the patient’s chart as a story turned out to be
fairly straightforward. SOGI data collection
that requires every patient to declare a gender
identity arguably imposes fixed norms about
the relation between gender and biological sex
on all patients—and perhaps on the providers
as well, who must present the questions, with
their implied narratives, as if their fixed norms
were universal. A promising alternative is
to focus instead on open-ended, clinically
focused questions. Providers might ask, “is
there anything about your gender identity
or sexual orientation that you would like us
to know as your health care provider?” Or,
more specifically but still without assuming
the patient endorses any particular fixed
norm, “Have you ever received, or do you
plan to receive, hormonal or surgical treatment
for gender incongruence or dysphoria?”
Affirmative answers to inquiries like these
would trigger a question set in the EMR that drills down into further details, allowing
patients who endorse fixed norms affirming
the accidental relation between sex and gender
to have narratives that make sense to them
represented in the chart—and ensuring that
information important for patient safety is
included. Negative answers would result in
the interview continuing without demanding
that the patient’s narrative conform to fixed
norms alien to that patient. In each case, the
provider would remain a careful witness to the
stories patients want to tell but would not be
committed to endorse every fixed norm they
entail.
We eventually moved in this direction,
working with a version of those sorts of open-ended questions. We believe the benefits are
significant. It allows all patients to tell their
stories according to fixed norms they endorse.
It lowers hurdles for providers reluctant to
engage these conversations, because it provides
a way for them to be respectful while not
committing them to endorsing, or appearing
to endorse, controversial fixed norms. For the
same reason, it is consistent with our Catholic
identity. It does not assume any fixed norm
that may be in conflict with those implicit in
a Catholic anthropology;8
and, at the same
time, it compassionately welcomes patients
to tell their stories their way, as Our Lord did
in conversation with the woman at the well.9
Finally, while achieving all these benefits, it also
procures the relevant clinical, epidemiological,
and population health data and meets
regulatory requirements. Using open-ended
questions to express narrative respect for our
patients in these fraught conversations, then,
is an approach that we believe deserves wider
consideration.
RANDY COLTON, PHD, HEC-C
Director, Ethics
Mercy Northwest Arkansas
Rogers, Arkansas
ENDNOTES
- Robert Scholes, James Phelan, and Robert Kellogg, The
Nature of Narrative, 40th anniversary ed., rev. and exp.
(New York: Oxford University Press, 2006), 4.
- Alasdair MacIntyre, After Virtue: A Study in Moral Theory,
2nd ed. (Notre Dame, IN: University of Notre Dame Press,
1984), 205.
- Scholes and Kellogg, 4. See also Randall G. Colton,
Repetition and the Fullness of Time: Gift, Task, and
Narrative in Kierkegaard’s Upbuilding Ethics (Macon, GA:
Mercer University Press, 2013), 73.
- See Rita Charon, Narrative Medicine: Honoring the
Stories of Illness (NY: Oxford University Press, 2006),
146-148.
- Wayne C. Booth, The Company We Keep: An Ethics
of Fiction (Los Angeles: University of California Press,
1988), 142-143.
- See Booth, The Company We Keep, 149: “In whatever
form we take the story, as long as it is intelligible to us
we will have seen it in a matrix of its fixed norms.”
- Booth, The Company We Keep, 143.
- See the United States Conference of Catholic Bishop’s
“Doctrinal Note on the Moral Limits to the Technological
Manipulation of the Human Body,” March 20, 2023
(https://www.usccb.org/resources/Doctrinal%20
Note%202023-03-20.pdf).
- John 4:1-26.