Chủ Nhật, 30 tháng 11, 2014

Advance Directive - Multiple Choice Question

The Florida Bar included this question on its examination for attorneys seeking certification in health law.



Patient executes a valid living will in the form suggested under Florida state law. Patient designates her oldest son, Steve, as her surrogate to carry out the provisions of her living will. In her living will she directs that life prolonging procedures be withheld and that she be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or alleviate pain. 



Patient is terminally ill and lacks the capacity to make her own health care decision. Physicians recommend that for hydration and sustenance a naso-gastric tube (“tube”) be inserted since they estimate she has 3 more months left to live. Ben, patient‟s youngest son, authorizes the insertion of the tube. However, Steve does not want the tube inserted. 



Florida law requires the hospital to: 


  1. Not insert the tube and let the patient die without hydration and sustenance. 

  2. Insert tube since it is not a life prolonging procedure. 

  3. Wait at least 7 days before making a decision. 

  4. Convince Steve to authorize the insertion of the tube.





The answer is #1.

Thứ Bảy, 29 tháng 11, 2014

Palliative Care and Ethics - Difficult Decisions Near the Very End of Life


Earlier this year, Oxford University Press released Palliative Care and Ethics, edited by Timothy E. Quill
and Franklin G. Miller.  The seven chapters in section IV focus on "
Difficult Decisions Near the Very End of Life."





Section I: Introduction
and Overview


Chapter 1: Introduction (Quill and Miller)

Chapter 2: Hospice (Charles von Gunten)

Chapter 3: Palliative Care (Susan D. Block)





Section II. Ethical
Challenges within Current Systems of Care


Chapter 4: Emerging Complexities in Pediatric
Palliative Care (Renee Boss and Nancy Hutton)


Chapter 5: Patient-Centered Ethos in an Era of
Cost Control: Palliative Care and Healthcare Reform (Diane E. Meier and Emily
Warner)


Chapter 6: Palliative Care, Ethics and
Interprofessional Teams (Sally A. Norton, Deborah Waldrop, and Robert Gramling)





Section III. Addressing Dimensions of Suffering  


Chapter 7: Pain Relief and Palliative Care
(Nathan Cherny)



Chapter 8: Management of Dyspnea (Thomas W.
LeBlanc, David C. Currow, Jane L. Phillips, and Amy Abernethy)


Chapter 9: Diagnosis and Treatment of Delirium
(Maxine De la Cruz and Eduardo Bruera)


Chapter 10: Psychosocial and Psychiatric
Suffering (Yesne Alici, Kanan Modhwadia, William S. Breitbart)


Chapter 11: Capacity and Shared Decision-Making
in Serious Illness (Ronald M. Epstein and Vikki Entwistle)






Section IV. Difficult
Decisions Near the Very End of Life


Chapter 12: Withholding and Withdrawing
Life-Sustaining Treatments (Robert D. Truog)


Chapter 13: Medical Futility: Content in the
Context of Care (Peggy Determeyer and Howard Brody )


Chapter 14: Palliative Sedation (J. Andrew
Billings)


Chapter 15: Voluntarily Stopping Eating and
Drinking (Emily Rubin and James L. Bernat)


Chapter 16: Physician Assisted Death (Timothy E.
Quill and Franklin Miller)

Chapter 17a: Lessons from Legalized Physician Assisted
Death in Oregon and Washington: (Linda Ganzini)


Chapter 17b: Physician Assisted Death in Western Europe:
The Legal and Empirical Situation (Heleen Weyers)




Thứ Sáu, 28 tháng 11, 2014

Conference on Brain Death (Los Angeles)

If you are in the Los Angeles area, join us for "Brain Death: Facilitating Family/Hospital Dialogue about Death by Neurological Criteria."  



This is a half-day conference for healthcare professionals, bioethics scholars, policymakers, and the public.  It is on January 18, 2015 from 8:00 am to 12:45 pm, in the Ahmanson Auditorium at Loyola Marymount University.



8:30-8:45 am      

Welcome and Introduction



8:45-9:15 am      

Rabbi Jason Weiner, BCC

The Jewish view of defining death and brain death



9:15-9:45 am      

Andy Lampkin, Ph.D.

Dialoguing with the African American community on the subject of death by neurological criteria



10:00-10:30 am  

Neil Wenger, M.D., M.H.P.

Is there a best-practices approach to dialogue about DDNC



10:30-11:30 am  

Thaddeus Pope, Ph.D., J.D.

Legal duties of California healthcare providers to accommodate objections to determination of death by neurological criteria



11:30-12:45 pm  

Panel Discussion

Moderated by Malcom Shaner, panelists include the above presenters as well as Roberto Dell'Oro, Ph.D.


Thứ Năm, 27 tháng 11, 2014

As You Wish - Virginia Advance Care Planning Website

Four Virginia health systems (Bon Secours, Chesapeake Regional Medical Center, Riverside Regional Medical Center and Sentara Healthcare) have just launched a new "As You Wish" advance care planning website.  



This is a good time to make these resources more available.  The holiday season is a prime time for people to talk with their relatives about what type of treatment they want in a crisis.


Thứ Tư, 26 tháng 11, 2014

The Lack of Consensus about Futility (Video)

Earlier this month, Alan Meisel presented "The Lack of Consensus about Futility" as part of the MacLean Center's 2014-2015 seminar series.






Thứ Ba, 25 tháng 11, 2014

New Advance Care Planning Videos Show How to Avoid Premature Dying

Did Robin Williams commit suicide due to fear of Advanced Dementia? Did Brittany Maynard hasten her dying based on her fear of future unbearable pain? Did they pay the high price of premature dying—losing some remaining enjoyable life—to act while they still had capacity to control WHEN they died? Might they have lived longer had they been aware of an effective plan to die AFTER losing capacity?



Psychiatrist/bioethicist Stanley Terman, PhD, MD, Medical Director and CEO of the non-profit organization, Caring Advocates, has created ​three ​new videos from live presentations in Oct. and Nov. 2014​.






​1) The BEST WAY to Say Goodbye—if living with pain or dementia.​





Th​is video portrays poignant stories of patients that illustrate the need for diligent, strategic Advance Care Planning:





Robin Williams: Was a “key factor” in his decision to commit suicide experiencing hallucinations or other symptoms of early Lewy Body Dementia? Might he have suffered from the “Dementia Fear”?





Brittany Maynard: She admitted this “did not seem like the right time” but then died a few days later. She feared cancer would take away her autonomy: “The worst thing that could happen to me is that I wait too long.” Where there issues she could have worked on to reduce her current suffering, so she could decide to live longer?





Meryl Comer: As her husband’s caregiver, she considers herself a “POA” (Prisoner of Alzheimer’s). Dr. Gralnick was diagnosed 20 years ago. Yet no professional has ever advised Ms Comer about the ethically accepted method of “Substituted Judgment” to make end-of-life decisions. The new “Consensus of Substituted Judgment” method strives to be more accurate, less stressful, and its protocol has built-in, a way to deal with family conflicts.





Margaret Bentley: Neither the administrators of her residential care facility nor the court would HONOR the instructions she made in her Living Will, even though they were consistent with the requests made by her husband and daughter—her proxies/agents. Her sad story shows why DILIGENCE is necessary when completing a written Living Will.





Casey Kasem: His final weeks were plagued with pain and family conflict. The misery of his last chapter of life might have been avoided had he used his (famous) voice to make a strategic audio or video recording on which he stated what he wanted and explained why.





Gillian Bennett: Was her suicide premature and motivated by the “Dementia Fear”? Would she have decided to live longer if she had known about, and had confidence in a strategic plan to implement Natural Dying—AFTER she reached the stage of Advanced Dementia?





Sadly, many people are led to believe they have ONLY two options: premature dying (so they lose some joyful life) OR prolonged dying (so they are forced to endure more suffering longer). A third option makes premature dying unnecessary, sad, and tragic: Diligent, strategic Advance Care Planning.





This one-hour video can be viewed in two parts. Part 2 begins at minute 36. It includes:





  • What is Natural Dying and why is it a peaceful and moral way to die?

  • How can you complete a clear, specific Living Will by making “one decision at a time”? 

  • How can you set up a strategy to feel confident you will get relief from end-of-life pain?

  • What can you do to relieve the prolonged suffering of a loved one who now lives with Advanced Dementia—if he never completed a clear and specific Living Will?






​2) ​Lost, NOT found in Alzheimer’s—important, timely & relevant lessons in Meryl Comer’s revealing book:





“Slow Dancing with a Stranger—Lost and Found in the Age of Alzheimer’s” is inspiring, informative, and above all, honest. It shines a bright light on the dark side, to allow readers to learn what is important, timely, and relevant. It can motivate readers to complete their own diligent Advance Care Planning, if they ever reach the stage of Advanced Dementia. It also demonstrates the urgent need for broader education so that people are informed about end-of-life options that are legal and moral—if their loved one did not previously complete a clear and specific Living Will.





Three events had potential to dramatically change the lives of two people in their prime. Emmy-award winning journalist, Meryl Comer as the "POA"--"Prisoner of Alzheimer's" and her afflicted with dementia husband, Harvey Gralnick, the former head of oncology and hematology at the National Institutes of Health. These events were:  


(1) Not receiving an accurate diagnosis promptly;


(2) Not receiving a realistic potential prognosis; and,


(3) Not receiving information and advice so the POA would know how to implement the ethically accepted standard of “Substituted Judgment method” that she needed, to make a difficult end-of-life decision.





WITHDRAWING hand-feeding/drinking but still offering (that is, NEVER WITHHOLDING) the vital substances of food and fluid can be clinically and ethically appropriate to reduce prolonged and intense suffering of Advanced Dementia patients. Such actions can also be considered consistent with the Principle of Proportionality.









​3) ​Must we all die with forced hand-feeding in Advanced Dementia? Will others honor our Living Will?” 


​​


​Initially, this PowerPoint ​presentation was given to the American Society for Bioethics and Humanities annual meeting in October, 2014​. This video has a revised​, updated audio.





Dementia (Alzheimer's) presents huge challenges. In the advanced stage, the goal to sustain life may conflict with the goal to relieve suffering.





Margot Bentley completed a strongly worded Living Will because she was adamant: She did NOT want to suffer a long time in Advanced Dementia. She also appointed her warriors: her husband and daughter —to make sure her wishes would be honored.





Sadly, her plan did not work. She has now been forced-fed for three years.


What can we learn about from her experience?





Thứ Hai, 24 tháng 11, 2014

Stop Unwanted Medical Treatment

Healthcare providers regularly ignore end-of-life wishes or give patients insufficient information to make medical decisions.  Check out Compassion & Choices campaign to stop unwanted medical treatment. 






Thứ Bảy, 22 tháng 11, 2014

Mary Welch Charged with Medical Child Abuse for Obtaining Unnecessary Treatment

A 50-page arrest warrant for Mary Anna Welch accuses her of deceiving doctors into performing needless invasive surgeries on her son, Duke. 



She's charged with child endangerment.  (NBC NewsABC News)


Thứ Sáu, 21 tháng 11, 2014

Brain in a Jar - Sufficient Reason to Keep Me Alive

I share this treatment preference expressed by Atul Gawande at a recent Oregon Public Broadcasting book event.



"If I'm a brain in jar and I have some sort of sensory devices hooked up to me that allow me to speak, to think, to hear, to talk and to connect with other people, then keep me alive."






Thứ Năm, 20 tháng 11, 2014

Resolving Medical Futility Disputes - Alberta follows Ontario in Chalifoux v. Alberta Health Services

This month, the Court of Queen's Bench of Alberta released an eleven-page opinion in Chalifoux v. Alberta Health Services.  This is a rather typical medical futility case resolved in a typical fashion.



The Patient

Ava Alayla Chalifoux-Campiou was born in May 2014 with thanatophotic dysplasia.  This condition prevents her chest from being able to grow to accommodate her lungs.  Sun Hudson, the subject of one of the most high-profile U.S. futility cases, had the same genetic condition.



The Clinicians

The treating clinicians unanimously agreed that it was in Ava's best interests to have comfort measures only.  They, the facility ethicist, and even the mother's independent expert all agreed it was "ethically inappropriate" to continue intensive care interventions, because:  


  • Ava's condition was "terminal" with "no known cure"  

  • ICU interventions were "painful and distressing" 

  • ICU interventions placed Ava at risk of "distressing complications"  




Unable to reach consensus in family conferences, Ava's treating clinicians sent her mother a letter advising that they would remove Ava from mechanical ventilation 48 hours later.



The Mother

Ava's mother sought an injunction to prevent the clinicians from removing mechanical ventilation.  But she did not explain why she thought it was in Ava's best interests to be maintained on mechanical ventilation.



The Court

The Court determined that Ava's mother was unable to appreciate Ava's best interests, because:


  • she was not very involved with Ava's care

  • she was not well engaged with the medical team  

  • she had other personal circumstances that impeded her ability to make a decision   




In short, the Court held that the "ability" of Ava's mother "to make decisions that are in Ava's best interests" was "compromised."  


Notably, the Court specifically refused to hold that "physicians do not require the consent of the family or the approval of a Court."  Instead, much like the Ontario CCB, the Court found that Ava's parents were not acting consistent with the applicable standards for substitute decision makers.  The court provided the authorization that it held Ava's mother should have provided.    


Thứ Tư, 19 tháng 11, 2014

Martha Perez - Texas Family Charges Organs Procured BEFORE Death



I recently summarized a few cases in which a patient was either negligently or intentionally declared dead prematurely.  



But this recent case reported by Fox News in Dallas Fort Worth indicates misunderstanding by the family rather than error by the clinicians.  



26-year-old Martha Perez dies from injuries sustained in an car wreck involving a suspected drunk driver.  Perez was a registered organ donor and doctors told the family they were prepared to harvest the organs for donations.



The family objected: “But she still has heart and lung functions,” said family member Juan Martinez.  Unfortunately, this statement indicates that the family does not understand that these cardiopulmonary functions are compatible with legal death in Texas.  They can be artificially sustained even after death is determined (on neurological criteria).   



On the other hand, the family also alleges: “They took her off the life support and she was still breathing.”  If that is true, then the determination of death must have been wrong.  A person breathing on their own (without ventilation support) cannot be dead under either cardiopulmonary or neurological criteria.


Thứ Ba, 18 tháng 11, 2014

Texas Legislature to Address Marlise Munoz Dead Pregnant Situation

Yesterday, on Inside Texas Politics, Texas Representative Matt Krause said he is preparing legislation for the 2015 session that will address the situation in which a pregnant woman is on life support.  



Removing life support from a pregnant woman is currently not allowed.  But if the woman is dead, like Marlise Munoz was, then stopping "life sustaining treatment" is not prohibited.  Krause plans to require the appointment of a guardian ad litem for the fetus to ensure that her interests are represented.




Representative Krause is a former lawyer with Liberty Counsel, an "international nonprofit litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life . . ."



Thứ Hai, 17 tháng 11, 2014

Janina Kolkiewicz Wakes Up in Morgue after Pronounced Dead

On November 6, a Polish physician made a house call on 91-year-old Janina Kolkiewicz.  But after finding "no basic life functions," the physician declared her dead.  Two hours later she was taken to the morgue.



The physician checked for a pulse on a forearm and neck arteries, listened for a heartbeat and the sound of breathing, and checked the pupils for reaction to light, but found none. (CBC News)



Nevertheless, shortly before midnight, an undertaker who brought in another body noticed that Kolkiewicz was moving inside a bag she had been placed in. Once it was opened, she complained of being cold and asked for hot tea, the media said. She was then taken home.




Local officials are urging a regional court to void the death certificate that discontinued Kolkiewicz's benefits such as her pension.




The Guardian collects other cases to make the point that this situation is not as uncommon as you might think.



Chủ Nhật, 16 tháng 11, 2014

Oregon Death with Dignity Act - 20th Anniversary

Last week marked the 20th anniversary of the Oregon Death with Dignity Act.  



Ballot initiative 16 was approved in the November 8, 1994 general election. 627,980 votes (51.3%) were cast in favor, 596,018 votes (48.7%) against.  But an injunction delayed implementation of the Act until October 27, 1997.


Top 30 Bioethics Journals on Earth

This list of English-language journals was recently compiled on Udo Schuklenk's blog.  He includes the standard qualifications.


  1. Journal of Medical Ethics                                                         

  2. American Journal of Bioethics                                                    

  3. Nursing Ethics                                                                          

  4. Bioethics                                        

  5. Journal of Law, Medicine and Ethics                                           

  6. Ethics                                                                                           

  7. Hastings Center Report                                                               

  8. BMC Medical ethics                                                                   

  9. Neuroethics                                                                                 

  10. Journal of Medicine and Philosophy                                       

  11. Perspectives in Biology and Medicine                                        

  12. Journal of empirical research on human research ethics: JERHRE   

  13. Journal of Clinical Ethics                                                             

  14. Developing World Bioethics                                                      

  15. Public Health Ethics                                                                     

  16. Theoretical Medicine and Bioethics                                           

  17. Cambridge Quarterly of Health Care Ethics                               

  18. Journal of Bioethical Inquiry                                                      

  19. Indian Journal of Medical Ethics                                               

  20. Asian Bioethics Review                                                               

  21. International Journal of Feminist Approaches to Bioethics      

  22. American Journal of Bioethics Primary Research                  

  23. South African Journal of Bioethics and Law                         

  24. Christian Bioethics                                                                     

  25. Monash Bioethics Review                                                     

  26. Journal international de bioethique/

  27. International journal of bioethics                                               

  28. Yale Journal of Health Policy, Law, and Ethics                       

  29. National Catholic Bioethics Quarterly                                     

  30. Narrative Inquiry in Bioethics                                                              


Thứ Bảy, 15 tháng 11, 2014

First Execution under Obamacare Death Panels?

An alarming debunking of baseless and dangerous rumors at Politifact.


Thứ Sáu, 14 tháng 11, 2014

Dhaka Hospital Withdraws Life Support without Consent or Consultation

Momtaz Zia was admitted to the Squares Hospital in Dhaka Bangledesh on October 19 following her second cardiac arrest. She was put on life support.



Yesterday, Zia died after she was taken off life support without her family's consent, alleged family members. (Daily Star)  "They [the hospital] didn't even feel it necessary to inform me about their decision of withdrawing the life support," alleged Mohammad Ziauddin, the deceased's husband.




Tanjima Bony, Momtaz's niece, claimed that the hospital threatened to stop Momtaz's treatment on the seventh day of her admission, if they (the family) did not pay hospital bills immediately.  "I paid Tk 1,50,000 on that day and Tk 4,00,000 later," said Bony.



Thứ Năm, 13 tháng 11, 2014

Patients and Clinicians Discuss Only 2 of 11 Goals of Care Elements

Studies showing lackluster rates of advance care planning are nothing new.  But this new study in the Canadian Medical Association Journal is particularly disturbing.  











































The authors identified 11 recommended elements of goals-of-care discussions that are the most important to older adults patients in hospital with serious illness and their family members.  They found that these elements are VERY infrequently addressed by health care providers in hospital.



  1. Asked the respondent about preferences for care in event of life-threatening illness

  2. Inquired about the respondent’s values

  3. Discussed prognosis 

  4. Gave an opportunity for the respondent to express fears or concerns

  5. Asked the respondent if they had additional questions about goals of care

  6. Provided information about outcomes, risks, benefits of comfort care

  7. Asked about prior discussions or written documents

  8. Offered a time to meet to discuss goals of care

  9. Provided information about outcomes, risks, benefits of life sustaining treatments

  10. Provided information to review about advance care planning before discussions

  11. Helped access legal documents to record advance care plans






Thứ Tư, 12 tháng 11, 2014

Susan Tolle Wins MacLean Center Prize in Clinical Ethics for Work on POLST

The 2014 MacLean Center Prize in Clinical Ethics, an award of $50,000, will be presented to Susan Tolle, MD, who has pioneered efforts to improve communication between health care providers and patients regarding end-of-life care.



Tolle will receive the MacLean Prize, the largest award in the clinical medical ethics field, during the 26th annual Dorothy J. MacLean Fellows Conference on ethics in medicine. The conference will be held at the University of Chicago Law School, on Friday and Saturday, Nov. 14 and 15.



“Dr. Susan Tolle’s dedication, scholarship and hard work to ensure that patient’s wishes are honored at the end of life has transformed the care of dying patients in the U.S.,” said Mark Siegler, MD, Lindy Bergman Distinguished Service Professor of Medicine and Surgery and director of the MacLean Center. “I’m very proud of how Dr. Tolle continues to improve patient care and advance the field of clinical medical ethics.”



Tolle, a professor of medicine in the Oregon Health & Science University School of Medicine and director of the OHSU Center for Ethics in Health Care, is one of the founders of the Physician Orders for Life-Sustaining Treatment (POLST) movement in Oregon in the early 1990s. In a specific subset of patients — those with advanced illness or frailty — Tolle and others found that advanced directives were insufficient to safeguard patients’ wishes about how they wanted to be treated in life-threatening situations. By contrast, POLST orders work to allow patients to receive the level of care they want in the setting they want.


UK Hospital Places DNR Order without Consent or Consultation

Leon Scoble and his sister Danni say that Basildon University Hospital put a “do not resuscitate” order on their father Paul Scoble without consulting them. (Echo)



On a Facebook page the family states:



"The doctors have twice put a Do Not Resuscitate on our Dad, we managed to get it lifted the first time but doctors refuse to lift it now their reason for this is due to a faulty heart valve." 



"He needs an operation on his heart to fix two faulty valves but the hospital have refused due to his size. We have heard about TAVI Mitral valve surgery by Dr Vinayak Bapat at St Thomas' Hospital in London and men much bigger than Dad have survived this operation."



"All we ask is that our Dad is given a chance at life, if he doesn't get this operation he will die. His situation has become pretty desperate over the last couple of weeks, he has been having panic attacks brought on by hearing doctors discussing switching off the machine. As you can imagine, he's terrified and so are we."



"The doctors have met and decided he is to receive no more treatment, even though the drugs being given are damaging to the kidneys, should a problem arise they have already stated that they will take no action."



"They tell us we cannot move our father to another hospital, as he is from Harlow."



"We want our Dad moved to a hospital that has the capability and desire to save his life (preferably St Thomas') He's a 48 year old father of two, who hasn't yet walked his only daughter down the aisle or held a first grandchild. He isn't a statistic, he's our world, so much more than just a father and we refuse to give up on him because he's never given up on us."


Thứ Ba, 11 tháng 11, 2014

Taiwan End-of-Life Policies Inflict Unwanted Pain & Torture

Doctor Chen Hsiu-tan of National Yangming University Hospital said after a legislative hearing Thursday that Taiwan needs to take stock of the pain its end of life policies are inflicting on the living and those being kept artificially alive.



Patients should have the right to choose to die with dignity instead of having to accept futile medical treatment, said Chen, a longtime hospice care advocate.



Citing a survey, Chen said that one-third of terminally ill patients in Taiwan were "tortured" by such futile treatment as resuscitation, respirators, kidney dialysis and extra-corporeal membrane oxygenation (ECMO) before their last breath, causing pain to the living as well as the dead.


Thứ Hai, 10 tháng 11, 2014

Ruby Graupera-Cassimiro Survives 45 Minutes without Pulse

Ruby Graupera-Cassimiro, 40, went to Boca Raton Regional Hospital in Florida for a cesarean section on September 23.



The surgery was uneventful and the baby was healthy, but Graupera-Cassimiro started to experience shortness of breath and doctors had to call a code when she stopped breathing. They tried for three hours to revive her but it was no use. She had no pulse for 45 minutes. (Sun Sentinel)  




Then, her heart started beating again on its own.  "She essentially spontaneously resuscitated when we were about to call the time of death," said Thomas Chakurda, the hospital spokesman told the Associated Press. A day later, Graupera-Cassimiro was taken off life support. And today she is "the picture of health."



Ethics in Neonatology Symposium

Check out this program at the Yale Club of New York on December 5, 2014: "Ethics in Neonatology Symposium."



The Ethics of Refusing a Parental Request for Treatment

Mark R. Mercurio 



Treating Newborns with Trisomy 13/18: Have Times Changed? 

George Hardart 



Panel & Audience Discussion 

Arthur L. Caplan (moderator)

Stephen R. Latham

Pradeep Mally

George Hardart

Mark Mercurio 



Ethical Concerns in Neonatal Comparative Effectiveness Research: The Controversy Surrounding the SUPPORT Trial

Alan R. Fleischman 



The Ethics of Pediatric and Neonatal Euthanasia. Are the Dutch and Belgians on the Right Track? 

Arthur L. Caplan 



Panel & Audience Discussion 

Mark R. Mercurio (moderator)

Stephen R. Latham

Pradeep Mally

Alan R. Fleischman

Arthur L. Caplan 


"Lethal Malformations" and Language of "Futility"

In the October 2014 Seminars in Neonatal and Fetal Medicine, Dominic Wilkinson and colleagues discuss some of the language that is used (misused) in the context of some severe congenital malformations:  "Ethical language and decision-making for prenatally diagnosed lethal malformations."  



These conditions (e.g. Trisomy 18, anencephaly, and renal agenesis) are sometimes described as "lethal malformations" or "incompatible with life."  But, as Janvier and colleagues similarly argued, babies with these conditions can and do survive.  Wilkinson et al. argue that "active obstetric and neonatal management, if desired, may also sometimes be appropriate."




As with the term "futility" value laden judgments are often disguised behind a seemingly scientific and objective prognosis.  But the prognosis is really a judgment about what is worthwhile and not about what is physiologically survivable.  Therefore, the use of this language destroys trust, deprives choice, and pressures parents.  



Chủ Nhật, 9 tháng 11, 2014

Death - a New 5 Part Series on NPR

To the Best of Our Knowledge, a nationally syndicated radio show from Wisconsin Public Radio just started a five part series on Death.  



Death: The Reckoning

Did you hear? There's a death movement going on in America. After decades of sanitized death, with dying, funerals, burial and grief shielded from public view, some people are now working to make death a greater part of life. In this hour, we talk with experts about how to begin these difficult conversations, and how they can transform both the dying and the surviving.



Death: Exit Plan

We live much longer than we used to, thanks to medical advances, but what are the emotional and financial costs of extending the end of life?  In this hour, we talk with physicians and bioethicists about planning for more humane and less prolonged deaths, about how some doctors don't know how to talk with their patients about preparing for death, and about one family's story of working within Oregon's "Death with Dignity" law. Tune if for a discussion of “a good death” and the story of a pioneering psychiatrist who's using hallucinogens to ease the anxiety of terminally-ill cancer patients.



Death: The Last Moment

Resuscitation science is revolutionizing medical care and reviving people who are clinically dead. With proper care, people who suffer heart attacks and lose brain function–even for two hours — can be brought back to life with no brain damage. What has that revealed about the the medical, spiritual and psychological mysteries of death?  We’ll hear conflicting perspectives on the debate over near-death experiences. Do these extraordinary experiences reveal a transcendent reality, or are they simply the biochemical product of a brain that’s shutting down? Tune in for conversations about "conscious death," and how people are reclaiming the final moments of their lives.



Death: The Wake

hat does it mean to grieve well? "Griefwalker" Stephen Jenkinson says that many cultures have “deep and skilled practitioners of grief." In this hour, explore the pain and healing power of grief, and learn about burial and mourning rituals throughout history.  We'll also hear poignant personal stories from people whose jobs bring them into daily contact with death, from a woman who worked for nine years in an inner-city funeral home, to a Ghanaian man who creates “fantasy coffins.”



Death: The Afterlife

Is death what gives life meaning? Looking at the prominence of death and the afterlife in so many religions, you might think so. But for millennia, people have also dreamed about immortality, and now transhumanists are actively trying to extend life by merging our bodies with machines.  In this hour, we explore the philosophical and religious dimensions of mortality and the afterlife. We talk about the art and poetry of remembrance, and now that much of our lives are lived on-line, how do we plan for our digital afterlives?


Six Key Themes on Life-Sustaining Treatment Decisions from Australian Jurisprudence

In the Medical Journal of Australia, check out "Withholding and withdrawing life-sustaining treatment in a patient's best interests: Australian judicial deliberations" by Lindy Willmott, Ben White, Malcolm K Smith and Dominic J C Wilkinson.  



They identify six key themes from the developing body of Australian Supreme Court jurisprudence about life-sustaining treatment decisions for adults who lack capacity:




  1. Futile medical treatment is not in a patient's best interests.

  2. Treatment that is overly burdensome is not in a patient's best interests, even if the patient is unconscious or unaware of treatment burdens.

  3. Courts have generally not engaged expressly in quality-of-life assessments, but they remain relevant for determining best interests when considering the patient's medical condition and prognosis.

  4. A patient's wishes and values (gleaned when the patient was competent) are relevant to, but do not determine, his or her best interests. Family members' views may also be relevant where they are reflecting a patient's wishes, and perhaps also when reflecting their own wishes, but these views are not conclusive in determining a patient's best interests.

  5. The interests of other people and organisations (including the wider health system) are generally not relevant when determining a patient's best interests.

  6. Courts have generally deferred to medical practitioners' opinions about treatment decisions, even when the patient's family has strongly opposed them.





Thứ Bảy, 8 tháng 11, 2014

World Association for Medical Law - 21st Annual Congress

The 21st Annual World Association for Medical Law Congress will take place in Coimbra, Portugal.  



The Congress will commence with a Welcome Reception Sunday evening August 2, 2015, and will conclude Thursday, August 6, 2015 followed by a Gala Dinner and Awards Ceremony.



The program will consist of four topics:




  • Ageing and Health Law

  • Information Technology & Health Law

  • Migrations & Health Law

  • Islamic Bioethics





Thứ Sáu, 7 tháng 11, 2014

2014 European Declaration on Palliative Care

Last month, policymakers and stakeholders in the field of palliative care and long-term care came together at a conference held in Brussels aiming at presenting the results of two EU-funded projects IMPACT and EURO IMPACT and developing a set of recommendations for policy, practice and research.



The conference identified some main areas of improvement to be taken into account for further action. One concrete outcome of the conference was the following "Declaration on Palliative Care."




2014 European Declaration on Palliative Care



"Palliative care is an approach that improves the quality of life of patients and their families facing the problems associated with life-threatening illness, through the prevention and relief of suffering by means of early identification and treatment of other problems, physical, psychosocial and spiritual" [World Health Organization].




Palliative care is required from early in the disease course, can be delivered alongside potentially curative treatment, and continues to include end-of-life or terminal care.




Calling upon policy and decision makers at regional, national and international level to:




1.  Recognise that the delivery of and access to high quality palliative care is a public health priority which requires a public health approach.


2.  Develop or redraft national and international health care policies, such as policies on healthy ageing, long-term care and dementia, to include palliative care as an essential component.

3.  Develop or redraft palliative care-specific policies to include referral criteria that allow patients and their family timely access to palliative care consistent with their level of need, regardless of diagnosis, age, prognosis, estimated life expectancy or care setting.

4.  Develop or redraft policies to include mechanisms to ensure access to specialist multidisciplinary palliative care services or teams in all health care settings.

5.  Promote a paradigm shift in health and social care towards basic palliative care skills for all health care professionals, to empower them to deliver patient-centred family-focused care for all people with a life-limiting illness, based on personalised or tailored care plans, with attention to all needs of the patient and his or her family.

6.  Support inter-professional and multi-disciplinary collaboration as a cornerstone of high-quality care and education in palliative care.

7.  Invest in curriculum development and education in palliative care across all disciplines of health and social care at undergraduate and post-graduate level, and establish palliative care as a specialty.

8.  Promote public awareness through community level approaches: education of the public and training of family carers and volunteers.

9.  Increase funding opportunities for national and international research in palliative care.

10.  Establish continuous mechanisms to monitor and improve the quality of and access to palliative care. 


Thứ Năm, 6 tháng 11, 2014

Alabama Unilateral DNR Policy Challenged by Federal Class Action Lawsuit

Prisoners in Alabama Department of Corrections (ADOC) prisons have filed a federal class action for declaratory and injunctive relief to provide constitutionally adequate medical and mental health care.  



One of the complaints about the prison health care concerns an alleged policy and practice to write DNR orders on prisoners without their consent.



Here are relevant paragraphs from the complaint:




162. DEFENDANTS THOMAS and NAGLICH have a policy and practice of allowing doctors to discontinue care to terminally ill prisoners against their will. This is a policy and practice that has continued over years and has been reported in DEFENDANTS' own documents.




163. One of the most basic health care decisions is when to discontinue treatment for a terminally ill patient. This is a decision that resides with the patient. Numerous prisoners have been given "Do Not Resuscitate" orders ("DNR") or "Allow Natural Death" orders ("AND") without their consent or even their knowledge.




164. In some cases, the doctors have discussed this issue with prisoners, the prisoners have affirmatively declined to be DNR or AND, but have been made DNR or AND regardless of their refusal. In some cases, individuals have been persuaded to sign DNRs without knowing what they were signing. The DNRs used by DEFENDANTS provide only that in the event of a cardiac arrest, cardiopulmonary resuscitation not be initiated. Nonetheless, DEFENDANTS THOMAS and NAGLICH rely on DNRs to deny medical care to prisoners.




165. At Staton in May 2014, there were five individuals who Were on a list of persons who had DNRs who did not know that they were thought to have DNRs. One of these individuals was PLAINTIFF COPELAND PLAINTIFF COPELAND is blind. No one spoke to him about signing a DNR or ever told him that a document he was being asked to sign was a DNR. Another prisoner who has been listed as having a DNR is Michael Kennedy. Kennedy has end-stage liver failure from untreated hepatitis C. In early 2014, Kennedy learned from a doctor at Staton that Dr. Bobby Crocker, the Corizon Regional Medical Director for the state, had placed a DNR order in his file, although Kennedy had not agreed to it. Kennedy asked to have it removed from his file. As of May 2014, Kennedy remained on the list of indivicu is who are considered to have DNRs.




166. At Staton, prisoner Roy Heath resides in the facility's infirmary due to his health. He did not sign a DNR. In June 2014, he learned that he has a DNR in his medical file despite not having signed one. PLAINTIFF CLEMENTS has COPD. He experiences extreme shortness of breath and low oxygen levels, and has periodic COPD crises that require him to be admitted to the infirmary. Prior to late spring or early summer 2013, medical staff gave PLAINTIFF CLEMENTS a shot of Sodium Metrizoate every six to eight hours whenever he had a COPD crisis, along with a breathing treatment, oxygen, and several inhalers during an COPD crisis. In or around late spring or early summer 2013, PLAINTIFF CLEMENTS was admitted to the infirmary due to an exacerbation of the COPD. Several days into his stay in the infirmary, Dr. Crocker, asked to see PLAINTIFF CLEMENTS, requiring PLAINTIFF CLEMENTS to temporarily stop using oxygen to meet with Dr. Crocker. Dr. Crocker asked Clements if had considered how he would feel to be on life support if he had a heart attack or was in a coma and told Clements that if he signed a DNR., he could avoid that fate. Having difficulty breathing because be was not using an oxygen mask and believing that the DNR only pertained to lifesaving measures in the event of a heart attack or coma, PLAINTIFF CLEMENTS signed the DNR. 




167. In or around August 2013, PLAINTIFF CLEMENTS experienced another bout of extreme breathing difficulty and again went into the infirmary. His oxygen level was 80. During his 30 day stay in the infirmary, medical staff gave PLAINTIFF CLEMENTS only one shot of Sodium Metrizoate. Despite PLAINTIFF CLEMENTS's condition, medical staff did not arrange for his transport to a hospital.  




168. PLAINTIFF CLEMENTS returned to the infirmary again in or around February 2014 experiencing difficulty in breathing. His oxygen level was 92. As he lay in the infirmary, PLAINTIFF CLEMENTS asked the nurse to provide him with some effective treatment. The nurse responded that if he had not signed the DNR, medical staff could do something to help him. It was at that point that he learned that medical staff was refraining from treating his chronic condition due to the DNR. Although the DNR is rescindable merely by the prisoner stating that he wants it rescinded, medical staff did not explain this to PLAINTIFF CLEMENTS. Because he did not know that he could rescind the DNR, PLAINTIFF CLEMENTS requested that medical staff give him pain medication and put him in a closed room in the infirmary to die. Facility physician Mendez ultimately gave Clements several shots of Sodium Mettioate and antibiotics. 




169. At Kilby, prisoner Larry Shepherd signed a DNR in April 2012 without knowing what he had signed. Shepherd was blind from untreated cataracts and no one told him what the document he was signing was. When he learned that he had signed a DNR, he asked to have it rescinded. DEFENDANTS did not rescind it. To the contrary, DEFENDANTS relied on it in their response to the lawsuit Shepherd had filed seeking to have cataract surgery.




170. An Incident Report from Hamilton A & I reflects that on September 9, 2009, a prisoner was found in crisis. Life saving measures were started, and the doctor was called. The doctor told the staff that was present with the prisoner to "make him a DNR."




171. Moreover, DEFENDANTS THOMAS and NAGLICH cease to provide medical treatment to people with DNRs. As discussed above, DEFENDANTS DEFENDANTS THOMAS and NAGLICH denied prisoner Larry Shepherd cataract surgery based in part on the existence of the DNR.




172. At Kilby, prisoner Robert Jones was admitted to the infirmary from Jackson Hospital in November 2013. He did not sign a DNR or a request for hospice care, but was placed on hospice care.