End of Life Decisions in the Emergency
Room
In this case study, a 32 year-old lawyer
named John had a history of chronic anxiety, heavy alcohol use and intermittent
depression related to his worry about possibly developing Huntington Disease,
the disease which killed his mother. Huntington Disease is an autosomal
dominant neurological disorder, usually manifesting between 30-40 years of age.
It results in chorea (abnormal, involuntary movement), depression and
psychological disturbances, and inability to control skeletal and facial
muscles. Neurological deterioration is progressive, and irreversible, leading
to inability to walk or swallow. Quality of life is extremely low, and death
results within approximately 13-15 years of diagnosis (Merck, 2013).
John had told many people that he would
rather die than live with the deterioration of Huntington Disease. Worry about
the disease caused him to seek psychiatric counseling. 3 months prior, John
noticed some facial twitching and sought diagnosis separately from two
different neurologists. Each confirmed a diagnosis of Huntington’s. When he
told his psychiatrist about the situation he requested help killing
himself, which his psychiatrist refused to do. John then reassured him that he
had no plans to kill himself in the near future. However, upon returning home
he pinned a note to his shirt explaining the situation and refusing any medical
help that might be offered, and then ingested his entire supply of
antidepressants.
When his wife returned home and found
him, she was unaware of the situation and did not see the note. Instead she
transported him directly to the Emergency Room and requested treatment. There
the ER staff found the note pinned to his shirt. The question is, what action
should the ER staff take? (UWSM, 2013).
The question of how much the ER staff
knows is a bit of a distractor in this case. We may assume that they do not
know any of his back story except the few lines he scribbled on his note in
which he may or may not have described his Huntington diagnosis. However, for
the purpose of the ethical conundrum of the ER staff, the Huntington diagnosis
is a non-issue. Whether or not the patient has a terminal diagnosis is
irrelevant to the treatment of the immediate life-threatening condition of
anti-depressant overdose. All patients who come into the ER have a terminal
diagnosis. Whether or not the ER is successful in saving their lives, they will
all die in some unknown time frame in the future. In this case the outer limit
of that time frame is known. However, this does not lessen the value of the
patient’s life.
Instead, this ethical conundrum revolves
around the patient’s right to refuse treatment (UWSM, 2013). The patient’s
wife, either not reading the note or not caring, brought him to the ER to seek
treatment. In the case of an obtunded patient, consent of a family member is
usually considered sufficient. A close family member usually takes
on the role of a competent, authorized decision maker known as a surrogate
decision maker. Their role is to determine what the family member would have
wanted if they had been able to make decisions (Andrews, 2011) (Purtilo &
Doherty, 2011, Pg. 263).
However,
in this case the wife’s choice of requesting treatment is known to be in
contradiction to the patient’s last specified wishes. Based on the note, at a minimum the staff
knows that he attempted to commit suicide, and at the time that he swallowed
the pills he did not want to be resuscitated. Three specific issues present
themselves:
1)
How
legally binding is a post-it note pinned to a shirt?
2)
If
the note is legally binding, can the decision to refuse care be waived in the
case of suicide?
3)
How
competent was the patient to make this decision?
In the case of a patient who is dying
from unknown cause, the ER uses its full resources to save the patient’s life.
They do this based on the assumption that the patient, if able to make the
decision, would want to live. This may not, in fact be the case, but in the
absence of indications to the contrary ER staff act upon that assumption.
However, in John’s case, the patient has
made a statement of his wishes, albeit not a verbal one. Thus the ER, in
attempting to save his life is acting in clear contradiction to the patient’s
last stated wishes. There are arguments both for and
against an evaluation of the note as legally binding. Some physicians say
that the note should not be equated with the legal status of a Do Not
Resuscitate (DNR) order (Cohen, 2013). The DNR is an advance directive written
while the patient is competent. It is verified by a witness and/or legal
counsel and in conjunction with a living will describes the patient’s wishes to
be followed when they are incapacitated (Andrews, 2011) (Purtilo & Doherty,
2011, Pg. 263). Some professionals regard a suicide note as part of the suicide
itself, that is, having been written under the same depression or other mental
disorder that prompted the suicide in the first place (Cohen, 2013). Thus,
under this view the note lacks the most critical feature of a DNR, i.e. that it
was written during a period of known mental capacity to do so.
However,
other ER physicians maintain that such a note does constitute a valid refusal
of treatment. In fact, addressing exactly this type of scenario, some
physicians consider attempts to resuscitate as presenting the risk of subsequent civil
action for assault and battery (Cohen, 2013). If the note is regarded as a
legally binding refusal of treatment, some ethicists would consider any
resuscitation efforts as a breach of patient autonomy and a case of paternalism
(Geppert, 2010). Others would argue that to the contrary, a note as a statement of intent is no
different from the act itself as a statement of intent. As one internist
stated, “There should not be much misinterpretation… of what it means
for someone to put a gun to his or her head and pull the trigger” (Cohen,
2013). When the patient has attempted suicide and this is abundantly clear
based on the mechanism of injury, witness statement or note, the intent to die
can be assumed, and most ERs would continue to provide treatment.
Even
allowing the legal validity of the note as a statement of the patient’s wishes,
or assuming the patient had a valid DNR, some physicians would act to save the
patient’s life, arguing that the DNR does not apply to self-inflicted injuries
(Cohen, 2013). This argument has come under heavy criticism in recent years,
due to its breach of patient autonomy. The provisions of case law clearly and
unequivocally support the patient’s right to refuse treatment (Geppert, 2010).
The
argument has been posed as a conflict between the ethical principle of
beneficence and the principle of patient autonomy (Geppert, 2010). However, a
critical component of informed consent or informed refusal of treatment is
mental competence (Purtilo & Doherty, 2011, Pg. 254). Mental competence is
often called into question in the case of suicides. In standard practice the ER
acts to save the patient’s life based on the assumption that the patient is
suffering from a mental illness and the suicide decision is the result of that
mental illness, which, if treated, would lessen or remove the suicidal ideation
(Geppert, 2010). In fact, this is often found to be the case. According to Guy
and Stern, (2006) “Overall, there is strong evidence that psychological and
social factors (e.g., comorbid depression, hopelessness, loss of dignity, and
the impact of spiritual beliefs), rather than the physical ones (e.g.,
functional status and the level of pain control), are the chief determinants of
the desire to hasten death.”
This
is where the patient’s clinical history does have some bearing on the case. If
the wife described to the ER staff the patient’s longstanding history of
anxiety, depression and alcohol use, this might give them reason to suspect the
existence of a treatable mental disorder. If the note described his recent
diagnosis of Huntington disease, this would provide a history of a significant
precipitating event (Bagge, Glenn, & Lee, 2013). Cumulatively the argument
could be made that this supports a suspicion of the suicide as a result of
clinical depression, further calling into question the patient’s mental
competence to make a decision to refuse treatment.
My
position on this case is that the ER staff should treat the patient for
anti-depressant toxicity. The treatment is relatively straightforward,
primarily cardiac monitoring, administration of sodium bicarbonate for
symptomatic ventricular tachycardia with QRS widening, and supportive care for
hypotension and seizures. Activated charcoal may also be used, but must be
weighed against the risk of aspiration, and the patient’s airway should be
protected (Jacob, 2014). These are not extraordinary measures by any means.
The
patient’s wishes, as stated in the note pinned to his shirt, are in my view not
binding. In fact, given his history of depression, even if the patient came
awake during treatment sufficiently to murmur, “No, I want to die,” I would
still consider him to be in no mental condition to be competent to
make that decision. I would continue
treatment unless he became sufficiently alert and oriented to make his case,
cogently and coherently and sign a legal Against Medical Authority (AMA) form. Short
of such explicit refusal of treatment I would not feel any legal or ethical
responsibility to cease care. I would resuscitate the patient, and then attempt
to assess and address his underlying mental condition when he was sufficiently
recovered.
Patient
autonomy is an important principle of medicine, but is it an ironclad
principle? Dr. Atul Gawande discusses medical paternalism and patient autonomy
extensively in his book “Complications: A Surgeon’s Notes on an Imperfect
Science.” He examines the now sacrosanct concept of complete patient autonomy
and gently challenges it by questioning whether, when seeing patients making a
terrible mistake, should doctors simply do whatever the patient wants? He
proposes that sometimes true kindness consists in gently steering the patient
in the right direction in accord with the patient’s best good (Gawande, 2003).
Is
this paternalism? The question is a great deal too complex to answer
definitively here, but it is nevertheless a question that each medical care
provider must wrestle with and personally answer. However, I would propose that
the issue is not one that can be settled either on legal or economic grounds, but is instead concerned with the very meaning of life and who we are
as individuals and as a society. Our current cultural climate, which values
convenience over greatness, and seeks to escape adversity rather than
courageously to endure it (Brooks, 2014), finds a morbid and final expression
in current debates underway on the value of life (Hensley & Hensley, 2004).
These debates extend far beyond this case study, and include discussions of
suicide in general, euthanasia, and physician assisted suicide. When the
highest value of life is simply the avoidance of pain, then opting out of
terminal illness and pain by killing the patient does indeed make sense, even
if the patient is a minor, as is currently legal in Belgium (Crawford, 2014).
However,
if there is more to life than simply avoiding pain, if, in fact, there is value
to be found in suffering met with courage, then do we not do a disservice by
denying patients that opportunity, rather than at least pointing out the
possibility to them? As psychotherapist and Auschwitz survivor, Viktor Frankl
said, “Those who have a 'why' to live, can bear with almost any 'how',”
(Frankl, 1984).
What
if there is an opportunity for psychological, emotional, and even spiritual
growth precisely through and in suffering? What if there is a desperate need in
society for the witness of suffering courageously endured and compassionately
shared with others? (Brooks, 2014). What if the opportunity for the patient to
grow in his relationships, in his understanding of what is truly valuable, and
in his service to others is the best medicine for him? (Hensley & Hensley,
2004).
We
who lived in concentration camps can remember the men who walked through the
huts comforting others, giving away their last piece of bread. They may have
been few in number, but they offer sufficient proof that everything can be
taken from a man but one thing: the last of the human freedoms--to choose one's
attitude in any given set of circumstances, to choose one's own way (Frankl,
1984).
This
discussion admittedly goes far beyond the original question of what the ER
staff should do in the case of John. However, I believe that it is not merely
enough to decide on a legally justifiable course of action, but rather to
search for the most moral course of action and to understand the reasons for
it. Therefore, I would challenge those who ask and answer questions such as
these to question whether pain and disability are the problem, or whether the
real problem is not hopelessness and the feeling of not being valued. There is,
of course, no way to force a patient to take the undeniably hard road of
searching for meaning in suffering. Such a concept is a contradiction in terms.
Nor is intimidation, shaming, belittlement or any other coercive psychological
tactic rightly to be used in promoting such a view. This philosophy must be
offered to patients with compassion or not at all. It must exist with
compassion or not at all. Even with compassion, those who offer it may still
find themselves accused of paternalism. However, if Dr. Gawande is right, and true
kindness does sometimes require a physician to steer the patient gently in the
right direction (Gawande, 2003) then perhaps we should at least hold out the
option?
Reference:
Andrews,
M (2011) Making End-of-Life Decisions is Hard on Family Members. Kaiser
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Bagge,
C. L., Glenn, C. R., & Lee, H. (2013). Quantifying the impact of recent
negative life events on suicide attempts. Journal Of Abnormal Psychology,
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