August 13, 2024 - 1:00pm

The medical establishment is unifying behind an emerging ethics standard that would have been virtually unthinkable just several generations ago: doctors and nurses are morally obligated to refuse to provide medical care in non-emergency situations to patients who are racist, sexist, transphobic or hostile to any of the other consecrated intersectional identity groups.

The latest advocate of this brand of medical ethics is the Royal College of Nursing, which recently added “discriminatory behaviour, including racism” to its list of scenarios justifying refusal of treatment or withdrawal of care. While “racism” is not defined — as it typically isn’t in these treatment protocols — the move came in response to the race riots sweeping through the United Kingdom in the wake of the 29 July stabbing that resulted in the deaths of three children.

The riots prompted UK Health Secretary Wes Streeting to state that racist patients “can and should” be denied medical care, reiterating a National Health Service policy adopted in 2020.

A form of this practice is already established in the United States, where hospitals and healthcare organisations are increasingly rejecting patients who refuse to be treated by doctors based on race, sex or sexual orientation. In non-emergency cases, patients must accept the doctor or nurse they are assigned, or potentially find another provider. “Many healthcare systems across the country have similar codes of conduct,” according to Mass General Brigham, a comprehensive healthcare network in Massachusetts. The patient’s refusal doesn’t even have to be articulated explicitly: “Body language and tone of voice are part of the code” at the Milford Regional Medical Center in Massachusetts.

Much lesser known, but just as important, is a parallel development in medical ethics that would allow African American or other patients of colour to request to be racially matched with a provider of the same race, which in effect is a preference not to be treated by a white doctor. This policy is based on the logic that “patient-provider concordance” is ethical in some circumstances — for instance: female patients who prefer female gynaecologists. Accordingly, black patients are historically justified in distrusting the medical profession, which is allegedly corrupted by systemic racism and implicit bias, and they are experientially justified in preferring a doctor who is presumed to be “culturally competent” and consequently, responsive and respectful.

Racially matching black patients with black doctors is now endorsed by the US medical establishment to such an extent that the benefits of the practice were cited last year by US Supreme Court Justice Ketanji Brown Jackson in her dissent in the affirmative action case involving Harvard University, with Justice Jackson noting that diversity in healthcare “saves lives.” In that case, the American Medical Association and 44 other parties breathtakingly declared in their amicus brief: “For high-risk Black newborns, having a Black physician is tantamount to a miracle drug.”

The right to pick one’s doctor, enshrined in the patient-doctor relationship, carries a sacrosanct status in Western society. But that right is clashing with other priorities, such as eradicating racism and eliminating racially disparate outcomes. In the past five years, we’ve seen publicised efforts to prioritise BIPOC patients for Covid vaccines, cardiac care and organ transplants, indicating that the rising generation of medical professionals is receptive to prioritising racial equity and social justice above traditional medical values.

Not everyone is pleased with this turn of events. “What’s next, turning away patients for misgendering?” asked noted journalist Gerald Posner.

Come to think of it, such patient restrictions may not be too far off. Just a few months ago, misgendering was declared by the U.S. Equal Employment Opportunity Commission to be a violation of the U.S. Civil Rights Act.


John Murawski is a journalist based in Raleigh, NC. His work has appeared in RealClearInvestigations, WSJ Pro AI and Religion News Service, among other outlets.