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Ethical Challenges in End of Life Care for the Elderly

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Ethical Challenges in End of Life Care for the Elderly. David A. Fleming, M.D., MA, FACP Professor of Medicine Chairman, Department of Medicine Director, MU Center for Health Ethics University of Missouri School of Medicine 573-882-2738 [email protected] - PowerPoint PPT Presentation
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Ethical Challenges in End of Life Ethical Challenges in End of Life Care for the Elderly Care for the Elderly David A. Fleming, M.D., MA, FACP David A. Fleming, M.D., MA, FACP Professor of Medicine Professor of Medicine Chairman, Department of Medicine Chairman, Department of Medicine Director, MU Center for Health Ethics Director, MU Center for Health Ethics University of Missouri School of Medicine University of Missouri School of Medicine 573-882-2738 573-882-2738 [email protected] http//:www.ethics.missouri.edu http//:www.ethics.missouri.edu
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Page 1: Ethical Challenges in End of Life Care for the Elderly

Ethical Challenges in End of Life Ethical Challenges in End of Life Care for the ElderlyCare for the Elderly

David A. Fleming, M.D., MA, FACPDavid A. Fleming, M.D., MA, FACPProfessor of MedicineProfessor of Medicine

Chairman, Department of MedicineChairman, Department of MedicineDirector, MU Center for Health EthicsDirector, MU Center for Health Ethics

University of Missouri School of MedicineUniversity of Missouri School of Medicine573-882-2738573-882-2738

[email protected]//:www.ethics.missouri.eduhttp//:www.ethics.missouri.edu

Page 2: Ethical Challenges in End of Life Care for the Elderly

Conflict of Interest Conflict of Interest DisclosureDisclosure

I have no significant financial I have no significant financial relationships with commercial relationships with commercial entities producing healthcare-entities producing healthcare-related products and/or services.related products and/or services.

Page 3: Ethical Challenges in End of Life Care for the Elderly

OverviewOverview

• Observations about deathObservations about death

• EOL decisions in the elderlyEOL decisions in the elderly– Long term careLong term care

– HCD and CPR HCD and CPR

• Challenges of Challenges of FutilityFutility

• CasesCases

• Dealing with ConflictDealing with Conflict

Page 4: Ethical Challenges in End of Life Care for the Elderly

General Observations General Observations • Difficulty accepting death at any ageDifficulty accepting death at any age• Difficulty defining futilityDifficulty defining futility

– Application is patient specificApplication is patient specific– Applies to both acute and chronic conditionsApplies to both acute and chronic conditions– May be over or under utilizedMay be over or under utilized

• Quality of life Quality of life arguments play a dubious rolearguments play a dubious role• Age and economics often come into playAge and economics often come into play• Fluid process – decisions may changeFluid process – decisions may change• Hope and fear of abandonment at the EOLHope and fear of abandonment at the EOL• Patients/families often change their mind Patients/families often change their mind • Often not much time to decideOften not much time to decide• Team/family members may disagreeTeam/family members may disagree

Page 5: Ethical Challenges in End of Life Care for the Elderly

Hope, Expectation, CommunicationHope, Expectation, Communication• Scientific promise to “save and improve” lifeScientific promise to “save and improve” life• Faith (“the choice is not ours to make”)Faith (“the choice is not ours to make”)• Professional training (“death = enemy”)Professional training (“death = enemy”)• Medical marketing (“staff for life”)Medical marketing (“staff for life”)• Theatre (code blue = resuscitation)Theatre (code blue = resuscitation)• Family demands (guilt and fear)Family demands (guilt and fear)• Legal threatLegal threat• Therapeutic “benefit” of futile care?Therapeutic “benefit” of futile care?• Professional Professional score cards (P4P)score cards (P4P)• How Dx and Px are communicatedHow Dx and Px are communicated• Changing relationships (Doc for the day)Changing relationships (Doc for the day)

Page 6: Ethical Challenges in End of Life Care for the Elderly

Conflict may result…Conflict may result…

… …due to lack of claritydue to lack of clarity

… …due to moral discomfortdue to moral discomfort

… …due to fear of reprisal—professional, legaldue to fear of reprisal—professional, legal

The risk:The risk:– Delay in actions may prematurely lead to deathDelay in actions may prematurely lead to death

oror– Unwanted or harmful treatment may be givenUnwanted or harmful treatment may be given

Page 7: Ethical Challenges in End of Life Care for the Elderly

U.S. Paternalism v Autonomy:U.S. Paternalism v Autonomy:the Ethical and Legal Climatethe Ethical and Legal Climate

• Provider v Patient before 1970Provider v Patient before 1970– Generally recognized role of providers to act unilaterally Generally recognized role of providers to act unilaterally

for the patient (paternalism model)for the patient (paternalism model)– Patient and family followed “orders”Patient and family followed “orders”– Limited treatment choicesLimited treatment choices– Patients usually died at homePatients usually died at home

• Patient v Provider todayPatient v Provider today– Courts generally do not recognize the right to act Courts generally do not recognize the right to act

unilaterally unless it’s an emergencyunilaterally unless it’s an emergency– Courts generally protect the patient’s right to choose or Courts generally protect the patient’s right to choose or

refuse treatmentrefuse treatment

Page 8: Ethical Challenges in End of Life Care for the Elderly

I’m afraid there’s very little I can do

I’m afraid there’s really very little I can do…

When is enough enough?

Page 9: Ethical Challenges in End of Life Care for the Elderly
Page 10: Ethical Challenges in End of Life Care for the Elderly

0

5

10

15

20

25

30

35

Excellent Good Poor

Quality of Care

How Does the Current U.S. Health Care System Do in How Does the Current U.S. Health Care System Do in Caring for Dying PeopleCaring for Dying People??

National survey of 1,002 adults conducted byNational survey of 1,002 adults conducted byLake-Snell-Perry Associates for Last Acts, 2002Lake-Snell-Perry Associates for Last Acts, 2002

Excellent Excellent 3%3%Very GoodVery Good 8%8%GoodGood 24%24%Only FairOnly Fair 33%33%PoorPoor 26%26%Could not answerCould not answer 7%7%

Page 11: Ethical Challenges in End of Life Care for the Elderly

DiagnosisDiagnosisDiagnosisDiagnosis

HospiceHospice

DeathDeath DeathDeath

Symptom-orientedSymptom-oriented Patient-focused Patient-focused TreatmentTreatment

Disease-orientedDisease-oriented TreatmentTreatment

Bereavem

ent

Bereavem

ent Integration of Palliative and Disease-oriented TreatmentIntegration of Palliative and Disease-oriented Treatment

in the Trajectory of Deathin the Trajectory of Death

Abrahm, J. Update in Palliative Medicine and End of Life CareAbrahm, J. Update in Palliative Medicine and End of Life CareAnn. Rev. MedAnn. Rev. Med. 2003;54:53-72. 2003;54:53-72

XX

Page 12: Ethical Challenges in End of Life Care for the Elderly

Trajectory of DeathTrajectory of Death

Joanne Lynn, M.D. Rand CorporationJoanne Lynn, M.D. Rand Corporation

““Death is not an instantaneous, Death is not an instantaneous, momentary phenomenon, but a momentary phenomenon, but a very protracted process.”very protracted process.” Frederick Engels, 1880Frederick Engels, 1880

Page 13: Ethical Challenges in End of Life Care for the Elderly

PrognosisPrognosis

• 20% accurate within 33% survival time20% accurate within 33% survival time

• 63% overoptimistic63% overoptimistic

• 17% underestimated17% underestimated

• Accuracy decreased as the duration of Accuracy decreased as the duration of Dr-Pt relationship increasedDr-Pt relationship increased

Christakis N and Lamont E. Christakis N and Lamont E. BMJBMJ. 2000;320:469-472. 2000;320:469-472

Page 14: Ethical Challenges in End of Life Care for the Elderly

Where Death OccursWhere Death Occurs

• 60% of deaths occur in a hospital.60% of deaths occur in a hospital.– Most with chronic conditionsMost with chronic conditions– 74% of these occur after decisions to forgo life 74% of these occur after decisions to forgo life

sustaining treatment. sustaining treatment. Block, Block, JAMAJAMA. 2001. 2001

• 85% of patients with cancer admitted to an 85% of patients with cancer admitted to an ICU die there. ICU die there.

Dowdy, Dowdy, Crit Care MedCrit Care Med. 1998. 1998

Page 15: Ethical Challenges in End of Life Care for the Elderly

Long Term CareLong Term Care

• 43%43% of persons of persons >>65 in 1990 entered LTC at 65 in 1990 entered LTC at some point; some point; 55%55% stayed at least 1 year; stayed at least 1 year; 21%21% stayed 5 years or longerstayed 5 years or longer

• 20%20% of U.S. deaths occur in LTC of U.S. deaths occur in LTC

• In 1990 > In 1990 > 1.5 Mil1.5 Mil (of 280 Mil) Americans lived (of 280 Mil) Americans lived in nursing homes; by 2030 this will increase in nursing homes; by 2030 this will increase to to 5 Million5 Million

Kemper P, Murtaugh CM. Lifetime use of nursing home care. Kemper P, Murtaugh CM. Lifetime use of nursing home care. NEJMNEJM. 1991; 324:595-600. 1991; 324:595-600

Zedlewski SR, Barnes RO, Burt MK, McBride TD, Meyer J. Zedlewski SR, Barnes RO, Burt MK, McBride TD, Meyer J. The Needs of the Elderly in the 21st Century. The Needs of the Elderly in the 21st Century. Washington, DC: The Urban Institute; 1989. Washington, DC: The Urban Institute; 1989.

Doty PJ. The oldest old and the use of institutional long-termDoty PJ. The oldest old and the use of institutional long-termcare from an international perspective. care from an international perspective. In: Suzman R, Willis DP, Manton KG, eds. In: Suzman R, Willis DP, Manton KG, eds. The Oldest Old. New York: Oxford University Press; The Oldest Old. New York: Oxford University Press; 1992:251-67. 1992:251-67.

Ersek M and Wilson S. The Challenges and Opportunities in Ersek M and Wilson S. The Challenges and Opportunities in Providing End-of-Life Care in Nursing HomesProviding End-of-Life Care in Nursing HomesJ Pal MedJ Pal Med. 2003, Vol. 6, No. 1: 45-57. 2003, Vol. 6, No. 1: 45-57

Page 16: Ethical Challenges in End of Life Care for the Elderly

Changing demographicsChanging demographics• By 2030 By 2030

– 20% population > 6520% population > 65– population population >> 65 will double (30 65 will double (3060 Mil)60 Mil)– population > 85 will double (3population > 85 will double (36 Mil)6 Mil)

• Life expectancy: at 65 = 10 yearsLife expectancy: at 65 = 10 years

at 85 = 5 yearsat 85 = 5 years

• 40% of community dwelling people 40% of community dwelling people >> 85 85 have dementiahave dementia

Ouslander J, Osterweil D, Morley J. Ouslander J, Osterweil D, Morley J.

Medical Care in the Nursing Home. McGraw-Hill.Medical Care in the Nursing Home. McGraw-Hill. 1997. 1997.

Page 17: Ethical Challenges in End of Life Care for the Elderly

Ethical Issues Unique to Long Term CareEthical Issues Unique to Long Term Care

• Control and choice (autonomy)Control and choice (autonomy)– Loss of functional impairment and increasing dependencyLoss of functional impairment and increasing dependency– Loss of decision making capacityLoss of decision making capacity– Limited access to services and specialists Limited access to services and specialists

• Psychosocial Psychosocial – Social and spiritual isolationSocial and spiritual isolation– Limited availability of familyLimited availability of family– Depression (major 12%-25%, minor 18%-30%)Depression (major 12%-25%, minor 18%-30%)– Loss of privacyLoss of privacy

• End of lifeEnd of life– High rates of untreated pain and other symptomsHigh rates of untreated pain and other symptoms – Current quality standards and reimbursement incentivize restorative Current quality standards and reimbursement incentivize restorative

care and technologically intensive treatments rather than labor-care and technologically intensive treatments rather than labor-intensive palliative care. intensive palliative care. Only 13% of hospice pt. in LTCOnly 13% of hospice pt. in LTC

– FutilityFutility, WH/WD … re-hospitalize? , WH/WD … re-hospitalize? – Substituted judgment Substituted judgment … who decides?… who decides? Zerzan J , Stearns S, Hanson L. Access to Zerzan J , Stearns S, Hanson L. Access to

Palliative Care and Hospice in Nursing HomesPalliative Care and Hospice in Nursing Homes JAMA.JAMA. 2000;284:2489-2494  2000;284:2489-2494

Rovner BW, German PS, Brant LJ Rovner BW, German PS, Brant LJ et alet al. . Depression and mortality in nursing homes. Depression and mortality in nursing homes. JAMAJAMA 1991;265:993–996 1991;265:993–996

Page 18: Ethical Challenges in End of Life Care for the Elderly

Health Care DirectivesHealth Care Directives“The Failure of the Living Will”“The Failure of the Living Will”

• 18% have them (18% have them (35% of dialysis patients35% of dialysis patients))• ““They don’t alter treatment” (They don’t alter treatment” (SUPPORTSUPPORT))• Failure of the PSDAFailure of the PSDA• Elderly tend not to execute one or defer to Elderly tend not to execute one or defer to

othersothers• Most overestimate effectiveness of CPRMost overestimate effectiveness of CPR• People don’t really know what they wantPeople don’t really know what they want• Will to live highly unstable when near deathWill to live highly unstable when near death• Surrogates often don’t reflect accuratelySurrogates often don’t reflect accurately

Fagerlin, Fagerlin, Hastings Ctr ReportHastings Ctr Report. 2004;34(2):30-41. 2004;34(2):30-41

Page 19: Ethical Challenges in End of Life Care for the Elderly

CPRCPR

Survival rate on television = 66% Survival rate on television = 66%

Actual in-hospital survival rates:Actual in-hospital survival rates:

-All hospital patients 15%-18%-All hospital patients 15%-18%

-Frail elderly <5%-Frail elderly <5% -Pt. with advanced chronic illness <1% -Pt. with advanced chronic illness <1%

Page 20: Ethical Challenges in End of Life Care for the Elderly

deVoss, R et al. Quality of Survival After Cardiopulmonary Resuscitation.Arch Intern Med. 1999;159:249-254

[12% survived CPR][12% survived CPR]

Page 21: Ethical Challenges in End of Life Care for the Elderly

CPR SuccessCPR Success

Survived CodeSurvived Code Survived to Survived to D/CD/C

Witnessed In Hosp. Witnessed In Hosp. 48% 48% 22% 22%

Un-witnessed In Hosp. 21%Un-witnessed In Hosp. 21% 1% 1%

BystanderBystander 40% 40% 6% 6%

Ambulance CPRAmbulance CPR 15% 15% 2% 2%

Defib. w/in 5 MinDefib. w/in 5 Min 74% 74% 30% 30%

Source: Source: WikepediaWikepedia

Page 22: Ethical Challenges in End of Life Care for the Elderly

Success of CPR in the ElderlySuccess of CPR in the Elderly

• Unchanged in over 30 yearsUnchanged in over 30 years

• 15%15% of 2994 patients survived to D/C of 2994 patients survived to D/C – < 70 years = < 70 years = 16.2%16.2%– > 70 years = > 70 years = 12.4%12.4%

• Community hospitals had a higher CPR Community hospitals had a higher CPR success rate than teaching hospitals success rate than teaching hospitals

((18.5%18.5% versus versus 13.6%13.6%). ). Schneider A and Nelson D. In-hospital cardiopulmonarySchneider A and Nelson D. In-hospital cardiopulmonaryresuscitation: a 30-year reviewresuscitation: a 30-year review. J Am Board Fam PracJ Am Board Fam Prac. . 1993;6(2):91-1011993;6(2):91-101

Page 23: Ethical Challenges in End of Life Care for the Elderly

Choice of CPR in the elderlyChoice of CPR in the elderly

How it’s presented:How it’s presented:– 12% if phrased negatively12% if phrased negatively– 18% if phrased in HCD already in use18% if phrased in HCD already in use– 30% if phrased positively30% if phrased positively– 75% changed their mind at least once 75% changed their mind at least once

when when presented differentlypresented differently

Fagerlin, 2004Fagerlin, 2004

Page 24: Ethical Challenges in End of Life Care for the Elderly

Knowing PrognosisKnowing Prognosis• 287 patients 60 years of age or older; mean age 77 287 patients 60 years of age or older; mean age 77

years range, 60 to 99. years range, 60 to 99. • When asked about their wishes if they had cardiac When asked about their wishes if they had cardiac

arrest during an acute illness: arrest during an acute illness: – 41%41% opted for CPR before learning the probability of opted for CPR before learning the probability of

survival to dischargesurvival to discharge– After learning the probability of survival (10 to 17%) After learning the probability of survival (10 to 17%)

22%22% opted for CPR opted for CPR – 6%6% of patients 86 years of age or older opted for CPR of patients 86 years of age or older opted for CPR

knowing the prognosisknowing the prognosis• When asked about a chronic illness in which the When asked about a chronic illness in which the

life expectancy was less than a year:life expectancy was less than a year:– 11%11% opted for CPR before learning the probability of opted for CPR before learning the probability of

survival to discharge survival to discharge – After learning the probability of survival (0 to 5%) After learning the probability of survival (0 to 5%)

5%5% still said they would want CPR still said they would want CPR Murphy D et al. Murphy D et al. NEJM. 1994NEJM. 1994 ;330(8) 330:545-549 ;330(8) 330:545-549

Page 25: Ethical Challenges in End of Life Care for the Elderly

Barriers to DNAR and other Tx limitationsBarriers to DNAR and other Tx limitations

• AttitudeAttitude– Unwillingness to accept death—hope by providers as Unwillingness to accept death—hope by providers as

well as patients/familieswell as patients/families– Paradoxical desire to avoid undue harm and sufferingParadoxical desire to avoid undue harm and suffering– Recognize and respect patient preferences Recognize and respect patient preferences

• Lack of Knowledge Lack of Knowledge [SUPPORT. [SUPPORT. JAMAJAMA 1995; 274(20):1592-8] 1995; 274(20):1592-8]

– Prognosis of both acute and chronic underlying illnessPrognosis of both acute and chronic underlying illness– Patient preferences: HCD, DPOA, verbal commentsPatient preferences: HCD, DPOA, verbal comments

• Poor CommunicationPoor Communication– Unclear and ineffective, with both patient and familyUnclear and ineffective, with both patient and family– Timeliness – discussions not early and or often enoughTimeliness – discussions not early and or often enough– Within the team and between teamsWithin the team and between teams– Unclear identification of patients with a DNAR orderUnclear identification of patients with a DNAR order

Page 26: Ethical Challenges in End of Life Care for the Elderly

The Challenges of FutilityThe Challenges of Futility

• Frequent lack of clarityFrequent lack of clarity

• Moral discomfortMoral discomfort

• Fear of reprisalFear of reprisal

• The risk:The risk:

– Delay actions that might lead to death…Delay actions that might lead to death…

oror– Withdraw or withhold prematurely…Withdraw or withhold prematurely…

Page 27: Ethical Challenges in End of Life Care for the Elderly

FutilityFutility

• Can it be defined?Can it be defined?

• Who defines it?Who defines it?

• Once determined is it irrefutable?Once determined is it irrefutable?

• Does this concept even pertain anymore?Does this concept even pertain anymore?

Page 28: Ethical Challenges in End of Life Care for the Elderly

Medical FutilityMedical Futility

•Futilis-eFutilis-e ((Oxford Latin DictionaryOxford Latin Dictionary))

–of vessels: fragileof vessels: fragile

–of things: vain, pointlessof things: vain, pointless

–of persons: of persons: ineffectiveineffective(Desired or intended outcome highly unlikely)(Desired or intended outcome highly unlikely)

Page 29: Ethical Challenges in End of Life Care for the Elderly

FutilityFutility• Oldest criterion in traditional medicineOldest criterion in traditional medicine

– Hippocrates: Hippocrates: Treatise on Medicine Treatise on Medicine ((caca 400 BC) 400 BC)

• Unrecognized in modern medicine before 1987Unrecognized in modern medicine before 1987• 134 articles in 1995134 articles in 1995• 31 articles in 199931 articles in 1999• The struggleThe struggle

– Defining it…Defining it…– Autonomy of patients v autonomy of doctorsAutonomy of patients v autonomy of doctors– Dispute resolutionDispute resolution

• No agreement about underlying principles by No agreement about underlying principles by medical communitymedical community

Page 30: Ethical Challenges in End of Life Care for the Elderly

FUTILITYFUTILITYProportionalityProportionality Relationship Relationship:

FF Effectiveness + BenefitsEffectiveness + Benefits BurdensBurdens

(Not a mathematical equation)(Not a mathematical equation)PhysicianPhysician determines “determines “EffectivenessEffectiveness”:”:

A measurable changes in natural history of disease or A measurable changes in natural history of disease or symptoms can be reasonably expected. symptoms can be reasonably expected. (…(…reasonable medical certainty of intended outcomereasonable medical certainty of intended outcome))

Patient and PhysicianPatient and Physician determine “ determine “BenefitBenefit” together” togetherPatientPatient determines “ determines “BurdenBurden”: cost of treatment”: cost of treatment

Page 31: Ethical Challenges in End of Life Care for the Elderly

FutilityFutility

• Proportional assessment (effectiveness, Proportional assessment (effectiveness, benefit, burden)benefit, burden)

• Made by the providers (team) the patient, Made by the providers (team) the patient, the family, and othersthe family, and others

• Fluid calculus toward a defined goalFluid calculus toward a defined goal

• Accounts for new and changing variablesAccounts for new and changing variables

• Goal = “good” of the patientGoal = “good” of the patient

Page 32: Ethical Challenges in End of Life Care for the Elderly

When does the obligation to When does the obligation to treat no longer exist?treat no longer exist?

Obligation to treatObligation to treat

EffectiveEffectiveIneffectiveIneffective

BurdenBurden BenefitBenefit

There are legitimate moral limits There are legitimate moral limits to what physicians “must do”… to what physicians “must do”… physician autonomy.physician autonomy.

Page 33: Ethical Challenges in End of Life Care for the Elderly

““Futility” in the ElderlyFutility” in the Elderly• The ChallengeThe Challenge: Is : Is aggressiveaggressive diseasedisease treatment treatment

morally justified in old people near the end of life?morally justified in old people near the end of life?• Palliative vs. therapeuticPalliative vs. therapeutic

– Some treatments may be compatible with Some treatments may be compatible with “allowing for a more comfortable death”“allowing for a more comfortable death”

• FutilityFutility may pertain to an underlying disease but may pertain to an underlying disease but not the acute conditionnot the acute condition

• Treatment GoalsTreatment Goals: Consider treatment that is : Consider treatment that is reasonably “effective”, “beneficial”, and not reasonably “effective”, “beneficial”, and not unduly “burdensome” short of CPR or other life unduly “burdensome” short of CPR or other life sustaining interventions…as with anyone elsesustaining interventions…as with anyone else

Page 34: Ethical Challenges in End of Life Care for the Elderly

Economics as a CriterionEconomics as a Criterion

• Morally Morally validvalid if by the patient if by the patient– The competent patientThe competent patient– The incompetent patientThe incompetent patient

• Valid anticipatory declaration (HCD)Valid anticipatory declaration (HCD)• Morally valid surrogateMorally valid surrogate

• Morally Morally invalidinvalid if by anyone else not if by anyone else not primarily representing the patientprimarily representing the patient

• Incompetent patients without valid surrogateIncompetent patients without valid surrogate

• Social criterion:Social criterion:– Morally variable (fairness of rationing)Morally variable (fairness of rationing)– Policy decisionPolicy decision

Page 35: Ethical Challenges in End of Life Care for the Elderly

Age as CriterionAge as Criterion• Chronology vs. PhysiologyChronology vs. Physiology

• Chronology vs. Effectiveness of TreatmentChronology vs. Effectiveness of Treatment

• Relevant as it pertains to impacting the Relevant as it pertains to impacting the prognosis of underlying and acute prognosis of underlying and acute conditions.conditions.

• Danger of Ageism (discrimination)Danger of Ageism (discrimination)– young/old value conflictsyoung/old value conflicts– economic and fiscal pressureseconomic and fiscal pressures

• What is a “normal” lifespan?What is a “normal” lifespan?

Page 36: Ethical Challenges in End of Life Care for the Elderly

The Principle of Double EffectThe Principle of Double Effect

• Action itself must be “good”Action itself must be “good”

• The agent must intend a good effectThe agent must intend a good effect

• The “bad” effect is foreseen, not intendedThe “bad” effect is foreseen, not intended

• The good and bad effects must follow The good and bad effects must follow immediately from the same actionimmediately from the same action

• Proportionality between the two should Proportionality between the two should favor the “good” effectfavor the “good” effect

Page 37: Ethical Challenges in End of Life Care for the Elderly

……in other wordsin other words

• One act, two effectsOne act, two effects

• One effect is One effect is goodgood, the other , the other badbad

• One intends to do goodOne intends to do good

• The unintended The unintended badbad effect is not the effect is not the cause of the intended cause of the intended goodgood

• All things considered, the All things considered, the goodgood that that results far outweighs the results far outweighs the bad bad that is that is likely to occurlikely to occur

Page 38: Ethical Challenges in End of Life Care for the Elderly

CasesCases

Page 39: Ethical Challenges in End of Life Care for the Elderly

82yo man in NH with dementia, mild CHF and 82yo man in NH with dementia, mild CHF and Cr=2.2 now with pneumonia; DPOA suggests he Cr=2.2 now with pneumonia; DPOA suggests he would not want “aggressive treatment” should he would not want “aggressive treatment” should he deteriorate.deteriorate.

• Best options?Best options?

• Offer DNAROffer DNAR

• Offer LOT—consider withholding elective Offer LOT—consider withholding elective intubation, dialysis, artificial hydration intubation, dialysis, artificial hydration and nutrition, and perhaps antibiotics.and nutrition, and perhaps antibiotics.

• Reasons: patient preferences per HCD Reasons: patient preferences per HCD and DPOA; futilityand DPOA; futility

Page 40: Ethical Challenges in End of Life Care for the Elderly

75yo man in NH following a CVA has pneumonia 75yo man in NH following a CVA has pneumonia and is willing to accept a feeding tube and perhaps and is willing to accept a feeding tube and perhaps short term vent support if there is hope of recovery short term vent support if there is hope of recovery but does not want CPR. This is consistent with his but does not want CPR. This is consistent with his HCD; speech deficit but has capacity and is HCD; speech deficit but has capacity and is capable of communicating.capable of communicating.

• Best options?Best options?

• Offer DNAROffer DNAR

• No LOT order—if feeding tubes or vent No LOT order—if feeding tubes or vent support are required they can be withdrawnsupport are required they can be withdrawn

• Reasons: patient preference, HCD, futility Reasons: patient preference, HCD, futility

Page 41: Ethical Challenges in End of Life Care for the Elderly

65yo female with PVS, recurrent aspiration 65yo female with PVS, recurrent aspiration pneumonia, renal failure, sepsis, and SBE is pneumonia, renal failure, sepsis, and SBE is deteriorating. The family insists that CPR be deteriorating. The family insists that CPR be attempted and refuses to allow LOT or DNAR.attempted and refuses to allow LOT or DNAR.

• Best options?Best options?• Continue communication efforts with the Continue communication efforts with the

family to garner trust .family to garner trust .• Take DNAR and LOT off the table to relieve Take DNAR and LOT off the table to relieve

the situation and assure nonabandonment.the situation and assure nonabandonment.• Do what is Do what is medically indicatedmedically indicated, including , including

CPR, but assure the family that CPR, but assure the family that resuscitation efforts will not go on ad resuscitation efforts will not go on ad infinitum in the face of medical futilityinfinitum in the face of medical futility

Page 42: Ethical Challenges in End of Life Care for the Elderly

Reaching CompromiseReaching Compromise• Legal (tort) risk: the medical legal environment has Legal (tort) risk: the medical legal environment has

historically favored the patient, with one exception: historically favored the patient, with one exception: – Gilgunn vs. Mass General Hospital, 1995Gilgunn vs. Mass General Hospital, 1995

• Prognosis (futility) is the most important variable (0-15%)Prognosis (futility) is the most important variable (0-15%)• Compassionate communication is the most important Compassionate communication is the most important

interventionintervention• Recognize the importance of hope and trust, and the fear Recognize the importance of hope and trust, and the fear

of abandonment— ? therapeutic “benefit” to futile care…of abandonment— ? therapeutic “benefit” to futile care…• Limiting treatment never precludes good CARELimiting treatment never precludes good CARE• It is reasonable to attempt resuscitation, even in the face of It is reasonable to attempt resuscitation, even in the face of

a poor prognosis if so desired, but it is not obligatory to a poor prognosis if so desired, but it is not obligatory to continue beyond reason.continue beyond reason.

• Don’t let the DNAR debate become a barrier to effective Don’t let the DNAR debate become a barrier to effective and compassionate care of the patient and their familyand compassionate care of the patient and their family

Page 43: Ethical Challenges in End of Life Care for the Elderly

A Practical ApproachA Practical ApproachPatient/Surrogate/Family Patient/Surrogate/Family Together with PhysicianTogether with Physician

• Define “futility” TogetherDefine “futility” Together– Exchange values and beliefsExchange values and beliefs– Set medical and non-medical goalsSet medical and non-medical goals

• Set Time Limits (re-evaluate)Set Time Limits (re-evaluate)• Prepare and Discuss Meaning of Advance Prepare and Discuss Meaning of Advance

Directives 9written and verbal)Directives 9written and verbal)• Early use of Ethics ConsultantsEarly use of Ethics Consultants• If no compromise the provider can withdraw or If no compromise the provider can withdraw or

the family can discharge provider or transfer carethe family can discharge provider or transfer care

Page 44: Ethical Challenges in End of Life Care for the Elderly

Opportunities for ChangeOpportunities for Change• Training and education—team concept, enhanced Training and education—team concept, enhanced

communication, greater awarenesscommunication, greater awareness• Encourage dialogue about cases—utilize ethics Encourage dialogue about cases—utilize ethics

and palliative care consultation servicesand palliative care consultation services• Encourage hospital policy that promotes and Encourage hospital policy that promotes and

automates automates earlyearly palliative care and hospice palliative care and hospice referralreferral

• Advocate for health policy reformAdvocate for health policy reform– OH DNR—success!OH DNR—success!– Clarify and enhance eligibility criteria for hospiceClarify and enhance eligibility criteria for hospice– Improve reimbursementImprove reimbursement

• Promote cultural awareness and health literacyPromote cultural awareness and health literacy• Promote social awarenessPromote social awareness

Page 45: Ethical Challenges in End of Life Care for the Elderly

SummarySummary• End of life care is challenging and often End of life care is challenging and often

conflicted at any age conflicted at any age • Hope and fear of abandonment may Hope and fear of abandonment may

influence decisions about futile treatment influence decisions about futile treatment • Futility is a useful but fluid and difficult Futility is a useful but fluid and difficult

concept to understand and applyconcept to understand and apply• Palliative and interventional treatment can Palliative and interventional treatment can

coexist – don’t waitcoexist – don’t wait• Good communication and the narrative of Good communication and the narrative of

relationships are crucial to good outcomesrelationships are crucial to good outcomes• Consult ethics team earlyConsult ethics team early

Page 46: Ethical Challenges in End of Life Care for the Elderly

Thank you!Thank you!


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