Evaluation of Changes in Forgoing Life-Sustaining Treatment in Israeli ICU Patients

INTRODUCTION

Over the last several years, there have been legal decisions and changes in medical directives concerning end-of-life decisions in Israel.

METHODS

The data were compared to evaluate the changes in the frequency and types of forgoing of life-sustaining treatment (FLST) in patients who were admitted to the ICU during period I (November 1994 to July 1995) and period II (January 1998 to January 1999).

RESULTS

During period I, there were 385 ICU admissions, and during period II there were 627 ICU admissions. In period I, FLST or death occurred in 13.5% of patients, and in 12% in period II. There was no significant difference in cardiopulmonary resuscitation (9% vs 13%, respectively), withholding therapy (90% vs 91%, respectively), or withdrawing therapy (0% vs 0%, respectively) between the two study periods.

CONCLUSIONS

There was no significant change in the frequency or types of FLST in an Israeli ICU between 1994 and 1998, despite passage of a new Patients' Rights Law and the issuing of a Ministry of Health directive on the treatment of the terminally ill, both of which occurred in 1996, and recent district court decisions favoring the termination of life-sustaining therapies.

Ethical principles in end-of-life decisions in different European countries

The majority of ICU deaths are preceded by a decision to limit treatment in some way. Decisions to withhold or withdraw treatment vary considerably depending on many factors including local practice, cultural and religious background, family and peer pressure. Here we will discuss the current situation across Europe, based on the findings from three large international studies.

French intensivists do not apply American recommendations regarding decisions to forgo life-sustaining therapy

OBJECTIVE

Recommendations for making and implementing decisions to forgo life-sustaining therapy in intensive care units have been developed in the United States, but the extent that they are realized in practice has yet to be measured.

DESIGN

Prospective, multicenter, 4-wk study. For each patient with an implemented decision to forgo life-sustaining therapy, the deliberation and decision implementation procedures were recorded.

SETTING

French intensive care units.

PATIENTS

All consecutive patients admitted to 26 French intensive care units.

INTERVENTIONS

None.

MEASUREMENTS AND MAIN RESULTS

Of 1,009 patients admitted, 208 died in the intensive care unit. A decision to forgo life-sustaining therapy was implemented in 105 patients. The number of supportive treatments forgone was 2.3 +/- 1.7 per patient. Decisions to forgo sustaining therapy were preceded by 3.5 +/- 2.5 deliberation sessions. Proxies were informed of the deliberations in 62 (59.1%) cases but participated in only 18 (17.1%) decisions. The patient's perception of his or her quality of life was rarely evaluated (11.5%), and only rarely did the decision involve evaluating the patient's wishes (7.6%), the patient's religious values (7.6%), or the cost of treatment (7.6%). Factors most frequently evaluated were medical team advice (95.3%), predicted reversibility of acute disease (90.5%), underlying disease severity (83.9%), and the patient's quality of life as evaluated by caregivers (80.1%).

CONCLUSIONS

A decision to withhold or withdraw life-sustaining therapy was implemented for half the patients who died in the French intensive care units studied. In many cases, the decision was taken without regard for one or more factors identified as relevant in U.S. guidelines.

[Bioethics in the face of death]

We review death, thanatology and bioethics concepts and precepts, the value scale and hierarchization; the changes in death vision according to culture, religion and hierarchy, changes in perception of, according to culture, religion and mores in different communities and times, as well with scientific and technological advances. We analyzed patient's reactions to death, and the reactions of people close to them. We describe and analyze the principal bioethical dilemmas associated with death: therapeutic overkill or dysthanasia, passive and active euthanasia, assisted suicide, orthothanasia, and organ transplants. We discuss the relationship between death and science, bioethics and thanatology, as a necessary discipline today.

The need to revise assumptions about the end of life: implications for social work practice

During the 20th century the experience of dying changed dramatically. At the beginning of the 1900s, dying and death were integral parts of the life experience of most people at any age. Many deaths occurred at home following a short course of illness largely unaffected by the limited medical care available. At the beginning of the 21st century, in many cases, the process of dying has become invisible. Today, most deaths occur in old age. Social workers have a key role as "context interpreters" in helping people at the end of life and their families understand the natural course of the illness, the process of dying, and the advantages and drawbacks of medical interventions. An expanded role for social workers in helping people comprehend the medical and social contexts within which they face end-of-life decisions is discussed.

Increasing incidence of withholding and withdrawal of life support from the critically ill

To determine whether limits to life-sustaining care are becoming more common, we attempted to quantify the incidence of recommendations to withhold or withdraw life support from critically ill patients, to describe how patients respond to these recommendations, and to examine how conflicts over these recommendations are resolved. In 1992 and 1993 we prospectively enrolled 179 consecutive patients from two intensive care units (ICUs) for whom a recommendation was made to withhold or withdraw life support. Where possible, we compared results with data collected in the same units over a similar time period in 1987 and 1988. Recommendations to withhold or withdraw life support preceded 179 of 200 deaths (90%) in 1992 and 1993, compared with 114 of 224 deaths (51%) in 1987 and 1988 (chi2 = 73.76, p < 0.001]. Cardiopulmonary resuscitation was initiated in 10% of deaths in 1992 and 1993 as compared with 49% in 1987 and 1988. Ninety percent of patients agreed within less than 5 d, and only eight patients (4%) refused physicians' recommendations to limit life support. In cases of conflict, physicians in 1992 and 1993 deferred to patients with one exception: physicians were willing to refuse surrogate requests for resuscitation of patients they considered hopelessly ill. We conclude that 90% of patients who die in these ICUs now do so following a decision to limit therapy, that this represents a major change in practice in these institutions over a period of 5 yr, that most patients and surrogates accept an appropriate recommendation to withhold or withdraw life support, and that physicians will refuse surrogate requests in certain circumstances.

Euthanasia, physician-assisted suicide, and other medical practices involving the end of life in the Netherlands, 1990-1995

BACKGROUND

In 1991 a new procedure for reporting physician-assisted deaths was introduced in the Netherlands that led to a tripling in the number of reported cases. In 1995, as part of an evaluation of this procedure, a nationwide study of euthanasia and other medical practices concerning the end of life was begun that was identical to a study conducted in 1990.

METHODS

We conducted two studies, the first involving interviews with 405 physicians (general practitioners, nursing home physicians, and clinical specialists) and the second involving questionnaires mailed to the physicians attending 6060 deaths that were identified from death certificates. The response rates were 89 percent and 77 percent, respectively.

RESULTS

Among the deaths studied, 2.3 percent of those in the interview study and 2.4 percent of those in the death-certificate study were estimated to have resulted from euthanasia, and 0.4 percent and 0.2 percent, respectively, resulted from physician-assisted suicide. In 0.7 percent of cases, life was ended without the explicit, concurrent request of the patient. Pain and symptoms were alleviated with doses of opioids that may have shortened life in 14.7 to 19.1 percent of cases, and decisions to withhold or withdraw life-prolonging treatment were made in 20.2 percent. Euthanasia seems to have increased in incidence since 1990, and ending of life without the patient's explicit request to have decreased slightly. For each type of medical decision except those in which life-prolonging treatment was withheld or withdrawn, cancer was the most frequently reported diagnosis.

CONCLUSIONS

Since the notification procedure was introduced, end-of-life decision making in the Netherlands has changed only slightly, in an anticipated direction. Close monitoring of such decisions is possible, and we found no signs of an unacceptable increase in the number of decisions or of less careful decision making.

Towards the right to be killed? Treatment refusal, assisted suicide and euthanasia in the United States and Canada

This chapter describes some dominant trends of American and Canadian law in relation to treatment refusal, physician-assisted suicide and euthanasia. Although common law in both countries recognizes the right of patients to refuse treatment, problems have arisen, especially in the US, over treatment refusal on behalf of incompetent patients. One response has been to enact advance-directive legislation, promoting the use of living wills and proxy appointments. Courts have also specified criteria for withholding and withdrawing treatment from incompetent patients. The notion of a "right to die', developed in court cases on treatment refusal, is now being invoked to support the legalization of assisted suicide. Courts are generally reluctant to recognize an extention of this right. Debates and court cases following the recent initiative to legalize assisted suicide in Oregon and the Sue Rodriguez case in Canada's Supreme Court, which resulted in a special report of a Canadian Senate Committee, are of major importance for the development of law in this area.

Treating patients who request assisted suicide. A closer look at the physician's role

Growing interest in assisted suicide and more favorable attitudes toward it have led to a focus on the tasks of finding common ground with patients who wish to die and of defining appropriate procedural safeguards. Less attention has been directed to the unique opportunities and responsibilities that are inherent in the role of the physician as healer. This article suggests that rather than assisting in their suicide, physicians should address the needs that prompt patients to request it. In addition to relieving the physical causes of suffering, they can help patients to establish realistic hopes by expanding their possibilities, bear suffering by assuring them that their suffering is understood and by remaining with them, and achieve perspective by reviewing the meaning of their life. The argument that these opportunities constitute compelling responsibilities is rooted in the medical traditions of beneficence, virtue, and sharing of power. Physicians' inability to meet all of their patients' needs does not detract from the importance of the psychological, personal, and pastoral aspects of their role.

Trends from the United States with end of life decisions in the intensive care unit

OBJECTIVE

To describe the changes that have occurred in the United States since medicine has moved away from a paternalistic model to one that promotes patient autonomy and self-determination. To discuss the implications for cardiopulmonary resuscitation (CPR) and the increasing use of when not to perform CPR and other life-sustaining therapies. To describe the various interpretations of the ritual term Do-Not-Resuscitate (DNR) and to introduce the concept of futility in the context of non-beneficial over-treatment and discriminatory under-treatment.

SETTING

Selected clinical, philosophical and public policy literature and two illustrative case examples.

RESULTS

1. There is no longer a mandate to perform CPR on all dying patients, even though the Council on Ethical and Judicial Affairs of the American Medical Association in 1991 said that the only restrictions should be in patients with an irreversible terminal condition or when the physician writes the order, DNR. 2. The DNR order usually requires the informed refusal of CPR by the patient or family. There is only minimal support for a unilateral decision even for patients with far advanced disease. 3. DNR is often the first step in the negotiated process of forgoing care in the ICU. There are multiple interpretations of DNR both in and outside of the ICU. 4. Health Proxy is the latest attempt to have a person clarify his/her wishes and preferences by naming a decision maker, if the individual losses mental capacity. 5. Although ethical principles seem well established, there are inconsistent interpretations and practices at the bedside in the United States in part due to the restructuring of the relationship between physicians and patients, providers and consumers/clients. 6. Objective severity scores such as Apache III, SAPS II, MPM II are generally not applicable for individual patient end-of-life decisions.

CONCLUSIONS

Although Health Proxy in its current formulation has been disappointing, there is a clear trend for wider application of DNR and for more active discussions about withholding or forgoing other life-sustaining therapies. DNR has a different interpretation late into the ICU course (> 72 h) than when applied at or shortly after ICU admission. Late in the ICU course, it has been decided by the medical team and family or surrogate decision maker/Health Proxy that the patient has failed or is in the process of failing aggressive ICU therapy. Early use of DNR may be related to limitations based on pre-existing chronic or subacute disease burden or an unwillingness to proceed with a full ICU course of therapy. It is unclear how Ethics Committees, risk management and hospital administrators, national practice guidelines, governmental sponsored health care reform will interface with the highly complex individual patient--physician--family--Health Proxy interface as practiced in the United States. Dialogue between the Society of Critical Care Medicine and the European Society of Critical Care Medicine and among interested physicians could provide a format for a multi-cultural context to discuss end of life issues in the ICU setting.

Children with cancer: Special considerations in the discontinuation of life-sustaining treatment

Every year in the United States, over 2,100 children die of progressive cancer, or of complications related to the disease or its treatment. Physicians, other clinicians, and parents caring for these children are often faced with decisions about the continuation or termination of life-sustaining treatment (LST). In adults, a consensus has emerged which holds that LST may be ethically discontinued if the burdens of continued treatment outweigh its benefits for the patient. While this standard is also applicable to LST decisions in pediatric oncology, its appropriate use must address several medical and ethical issues characteristic of children with cancer. These special considerations, which are the subject of this discussion, include the extensive medical experience of children with cancer, the nature of modern oncology treatment, the unpredictable patterns of response to treatment, the parent and/or physician biases which may threaten the child's well-being, the distinction between being incurably ill and imminently dying, the need for effective palliative care, and the variable levels of cognitive and emotional development which determine a child's capacity for participating in an LST decision. Consideration of these factors facilitates a consistent approach to these difficult decisions which is both compatible with current ethical guidelines and responsive to the particular needs of these patients.

[Patients dying in institutions. A medical and human challenge]

Over 40,000 people die in Norway every year. About 80% die in institutions and 2/3 are over 70 years old. The debate about terminal care and euthanasia is often based on unusual and extreme situations. The great challenge, however, is found in the quite ordinary routine conditions in our hospitals and institutions for the elderly. The continuing debate concerning active euthanasia hides several realities; fear of disease, worry about physical and mental disability, loss of dignity and autonomy and concern about dependence and helplessness in the last phases of life. Resolving some of these issues requires that the physician is aware of the true condition of the patient and communicates this knowledge in a caring and respectful manner. The patients' wishes must be weight against appropriate treatment.

[Treatment considerations for children during terminal care]

There should be a special obligation to shield children with a terminal illness from pain and from the psychological suffering when death is approaching. In spite of this, the child has the right to be informed about the prognosis and decisions taken concerning treatment. We discuss the difficult question of informed consent in pediatrics. Who can make an informed consent on behalf of a minor? At which age should a child make its own decisions concerning medical treatment? In pediatrics there are certain circumstances where withdrawal of intensive medical care is justified. Examples are given from oncological and neuromuscular diseases, as well as from the neonatal period. We discuss how termination of intensive care could take place. The medical team should make the decision alone, but should never go against the parents' will. It is underlined that termination of intensive care in the above-mentioned circumstances is completely different from active euthanasia, which we strongly oppose.