"DYING WELL"
BYOCK

ETHICAL ISSUES AT THE END OF LIFE

JEAN A. LINZAU M.D.

Summary Slide

INTRODUCTION:

INTRODUCTION:

"America is in a state of crisis regarding the manner in which we care for people who are dying. Study after study documents that medical care for the dying is poorly planned and frequently ignores the treatment preferences of the patient and family. Pain is commonly undertreated…"Byock:Potent Quotes.http:/www.dyingwell.com/dwquotes.htm

 

OBJECTIVES:

REVIEW THE 4 ETHICAL PRINCIPLES AS THEY ARE RELATED TO THE END OF LIFE AND THE ETHICAL DILEMMAS THEY CREATE

DEFINE TERMS AND CONCEPTS

RECOGNIZE THE DIFFERENCE BETWEEN TREATING AND CARING

PRESENT CASES FOR DISCUSSION

ETHICAL PRINCIPLES

AUTONOMY

NON-MALEFICENCE

BENEFICENCE

JUSTICE

DEFINITIONS:

DYING WELL
AUTONOMY, BENEFICENCE,NON-MALFEASANCE, JUSTICE

DYING WELL IS DYING WITHOUT AVOIDABLE DISTRESS AND SUFFERING FOR THE PATIENT AND FAMILY; IN GENERAL ACCORD WITH THE PATIENT’S AND FAMILY’S WISHES AND CONSISTENT WITH CLINICAL, CULTURAL AND ETHICAL STANDARDS.APPROCHING DEATH N.A.P.

 

BAD DEATH
MALFEASANCE, PATERNALISM

A BAD DEATH IS CHARACTERIZED BY NEEDLESS SUFFERING, DISHONORING OF PATIENT AND FAMILY’S WISHES OR VALUES AND A SENSE AMONG PARTICIPANTS OR OBSERVERS THAT NORMS OF DECENCY HAVE BEEN OFFENDED.ID

 

BAD DEATH (CONT)

"NOTHING IS QUITE SO ISOLATING AS THE KNOWLEDGE THAT WHEN ONE HURTS, NOBODY ELSE FEELS THE PAIN; THAT WHEN ONE SICKENS, THE MALAISE IS A PRIVATE AFFAIR AND THAT WHEN ONE DIES, THE WORLD CONTINUES WITHOUT A RIPPLE…"QUOTED BY J.M. BERNARDI LCSW, Ph.D. PSYCHOSOCIAL CARE OF THE DYING

 

EUTHANASIA
BENEFICENCE

The act of either permitting a person to die or intentionally ending a person’s life generally rooted in motives of mercy, beneficence, or respect for patient dignity. Etymologically, euthanasia means easy or gentle death.

 

DOUBLE EFFECT
BENEFICENCE

DOUBLE EFFECT IS A DOCTRINE THAT HOLDS THAT AN EVIL EFFECT IS MORALLY ACCEPTABLE PROVIDED THAT THE ACTION WAS INTENDED TO PROVIDE A... GOOD EFFECT.

 

PHYSICIAN ASSISTED SUICIDE
AUTONOMY

PHYSICIAN ASSISTED SUICIDE: THE ACT OF PROVIDING INFORMATION, MEANS, AND /OR ASSISTANCE FOR AN EFFECTIVE SUICIDE.

"WHEN THE PHYSICIAN AND THE PATIENT TOGETHER KILL THE PATIENT" THIS IS A JOINT ACTION.

 

 

FUTILITY
NON-MALFEASANCE

"..further intervention is often described as futile…,"when "..it may become apparent that further intervention will only prolong the final stages of the dying process." JAMA, March 10, 1999-Vol. 281,No10 937

A value laden controversial concept

Conflict of professional autonomy and family’s autonomy

 

FUTILITY

WITHOLDING THERAPEUTIC INTERVENTIONS

WITHOLDING ARTIFICIAL FEEDING OR HYDRATION

WITHOLDING FOOD AND/OR WATER.

 

 

 

ADVANCE DIRECTIVES
AUTONOMY

ADVANCE DIRECTIVES, A STATEMENT USUALLY IN WRITING, THAT DELINEATES AN INDIVIDUALS PREFERENCES AND VALUES FOR END OF LIFE CARE IN ADVANCE OF THE TIME WHEN HE OR SHE IS NO LONGER ABLE TO COMMUNICATE SUCH PREFERENCES.

 

ADVANCE DIRECTIVES(CONT):

LIVING WILL: ALSO CALLED HEALTH CARE DIRECTIVE, IS A WRITTEN STATEMENT…THAT EXPRESSES GENERAL WILLINGNESS TO ACCEPT CERTAIN FORMS OF TREATMENTS, OR TO DIE WITHOUT THE USE OF ARTIFICIAL INTERVENTION.

 

ADVANCE DIRECTIVES(CONT):

DURABLE POWER OF ATTORNEY, ALSO KNOWN AS A PROXY DESIGNATION , DELEGATES THE DECISION MAKING AUTHORITY TO ANOTHER INDIVIDUAL.

SURROGATES SUCH AS A SPOUSE, ADULT CHILD, A PARENT CAN BE STATUTORY DECISION -MAKERS

 

PALLIATIVE CARE:
BENEFICENCE

· "affirms life and regards dying as a normal process,

· neither hastens nor postpones death,

· provides relief from pain and other distressing symptoms,

 

PALLIATIVE CARE:

· integrates the psychological and spiritual aspects of patient care,

· offers a support system to help patients live as actively as possible until death,

· offers a support system to help the family cope during the patient's illness and in their own bereavement

 

DYING WELL:
JUSTICE

THE ECONOMIICS OF DYING

WHERE PEOPLE DIE?

HOSPITAL(20-50%) 1994-95

NURSING HOME(15-20%)

HOME (20%)

OTHERS (6-10%)

QUESTION: WHAT IS THE BEST PREDICTOR OF WHERE PEOPLE DIE?

 

WHO PAYS FOR EOL CARE?

MEDICARE-- 75% OF THOSE WHO DIE EACH YEAR ARE 65 OR OLDER

MEDICAID--13%

OTHERS-- EMPLOYER SPONSORED HEALTH PLANS, PERSONAL FUNDS

 

LOSS OF SAVING AND INCOME

IT COST $30000.00 A YEAR TO CARE FOR AN ALZHEIMER’S PATIENT AT HOME.

"MORE THAN HALF OF THE FAMILIES OF SERIOUSLY ILL PATIENTS REPORTED AT LEAST ONE SEVERE CAREGIVING OR FINANCIAL BURDEN" K. E. Covinsky GRANTMAKERS...

 

NEEDS AT THE END OF LIFE

SENSE OF CONTROL

ADEQUATE RELIEF OF PAIN EVEN IF IT HASTENS DEATH

RESOLUTION OF CONFLICTS

MEANINGFUL SOCIAL PRESENCE

RELINQUISHING CONTROL

 

FEARS AT THE END OF LIFE
AUTONOMY

LOSS OF CONTROL

LOSS OF IDENTITY

ABANDONMENT

BEING A BURDEN

PAIN AND SUFFERING

LOSS OF RELATIONSHIPS

 

SUMMARY

"DYING IS MORE THAN A SET OF MEDICAL PROBLEMS TO BE SOLVED. THE NATURE OF DYING IS NOT MEDICAL, IT IS EXPERIENTIAL."

PALLIATIVE CARE DOES WHATEVER IS NECESSARY TO ALLIVIATE THE SUFFERING…."Byock..

 

QUESTIONS?