end of life_decesion
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END OF LIFE END OF LIFE END OF LIFE END OF LIFE
DECESIONDECESIONDECESIONDECESION
Ubaidur RahamanUbaidur RahamanUbaidur RahamanUbaidur Rahaman
Senior Resident, CCM, Senior Resident, CCM, Senior Resident, CCM, Senior Resident, CCM,
SGPGIMSSGPGIMSSGPGIMSSGPGIMS
Lucknow, IndiaLucknow, IndiaLucknow, IndiaLucknow, India
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“First I will define what I conceive medicine to be.
In general terms, it is to do away with the sufferings of the sick,
to lessen the violence of their diseases,
and to refuse to treat those who are overmastered by their disease,and to refuse to treat those who are overmastered by their disease,
realizing that in such cases medicine is powerless.”
— The Hippocratic Corpus
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Why ???
Aggressive treatment of critically ill patients with hopeless prognosis
Patient dying in ICU surrounded by mechanical supports
Need of
Advent of LIFE SUPPORT TECHNOLOGY
Drawing a line not to artificially prolong natural process of dying
As the consequences are
physical, emotional and financial suffering on the part of patients and relations
Allocation of scarce resources-Potentially salvageable patients denied bed
physicians . . . provide more extensive treatment to seriously ill patients than they would choose
for themselves,” support trial JAMA 1995
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Why ???
MORE INTERVENTIONS: invasive procedures
Escalation/ changes of drugs
Diagnostic tests
Patients dying with full resuscitation Receive
-Hall R I, Rocker GM. End of life support care in ICU: treatment provided when life support was or was not withdrawn.
Chest 2000;118:1424-30
-End of life decisions in Indian intensive care unit. Mani R.K., Mandal A.K.;
Intensive Care Med 2009,35:1713-1719
Increased pain and financial burden
In the last few days of life
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Why ???
BENEFISCENCE
NONMALEFISCENCE
MEDICAL ETHICS
NONMALEFISCENCE
AUTONOMY
JUSTICE
END OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONJUSTICE-ALLOCATION OF RESOURCES
Limitation and withdrawl of intensive therapy at the end of life practices in intensive care units
in Mumbai, India. F. Kapadia, J. Divatia, F. E. Udwadia, Dilip R. Karnad, Crit Care Med 2005;33:1272-1275
Heath care cost
government- DDDDDDD 17.8% in India vs 44.3% in USA
Insurance and social security-DDvirtually 0 in India vs 33.7% in USA
Patient-++... 82.2% in IndiaPatient-++... 82.2% in India
81% of outpatient care and 56% inpatient care provided by private hospitals
Majority of ICU beds are in private hospitals
Relatively few beds in public hospital are in constantly high demand
END OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONJUSTICE- ALLOCATION OF RESOURCES
I naively assumed that the case studies my Indian colleagues would provide for discussion in our
sessions would be focused on the
problems of justice and the allocation of limited resources.
However, these daily challenges did not present irresolvable ethical dilemmas.
Rather, the ethical dilemmas used in our discussions centered on issues very familiar to
us in the United Statesus in the United States,
that is, the disclosure of patient information to a patient or to a family member, establishing who
is the decision-maker, patient autonomy, withdrawal of treatment, and provision of end-of-life
care/hospice
Ethical Challenges in End-of-Life Care Delivery in India Supportive
Voice Vol. 11 No. 1 Winter 2006 Bridget Carney, PhD, RN
END OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONWHO WILL DECIDE
MEDICAL PATERNALISM
SHARED DECESION MAKING
PATIENT AUTONOMY
SHARED DECESION MAKING
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PATIENT AUTONOMY
RIGHT TO REFUSE TREATMENT
YES
LEGAL PROVISION
Where treatment in question affects individual or his family only
Does this right extends to
Refusal or removal of life supportive system
but
Where does this right enters into forbidden zone of suicide
and
the constitutional and legal provisions in Indian law for limiting life support. S.Balakrishnan, R.K. Mani.
ISCCM Position, IJCCM, April – June 2005;9(2)
END OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONPATIENT AUTONOMY-RIGHT TO REFUSE TREATMENT
Opinion of professional body must therefore precede the evolution of legal provisions
Indian law has no clearly stated position on any of these issues
Very few relevant case laws exist in our country
Supreme court
Case of Rathiram vs Union of India 1994Case of Rathiram vs Union of India 1994
a person can not be forced to enjoy the right to life to his detriment, disadvantage or dislike
Supreme court
Gian Kaur vs State of Punjab 1996
Right to live can not be interpreted to include the right to die an unnatural death
curtailing the natural process
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PATIENT AUTONOMY- RIGHT TO REFUSE TREATMENT
Supreme court
case of Gian Kaur vs State of Punjab-1996
Distinction between suicide and dignified procedure of death
• the right to life including the right to live with human dignity would mean the existence of such
a right up to the end of natural lifea right up to the end of natural life
•This also includes the right to a dignified life up to the point of death including a dignified
procedure of death
•In other words, this may include the right of a dying man to also die with dignity when his life is ebbing out
•But the “right to die” with dignity at the end of life is not to be confused or equated with the right to die an
unnatural death curtailing the natural span of life
the constitutional and legal provisions in Indian law for limiting life support. S.Balakrishnan, R.K. Mani.
ISCCM Position, IJCCM, April – June 2005;9(2)
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PATIENT AUTONOMY- RIGHT TO REFUSE TREATMENT
Supreme court
case of Gian Kaur vs State of Punjab-1996
RIGHT TO LIFE includes the RIGHT OF A DYING MAN TO ALSO DIE WITH DIGNITY
Thus according to supreme court
RIGHT TO LIFE includes the RIGHT OF A DYING MAN TO ALSO DIE WITH DIGNITY
When his life is ebbing out
the constitutional and legal provisions in Indian law for limiting life support. S.Balakrishnan, R.K. Mani.
ISCCM Position, IJCCM, April – June 2005;9(2)
The judgment can not be used to interpret all acts of withdrawl and withholding of life support as
Suicide and therefore illegal
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PATIENT AUTONOMY- RIGHT TO REFUSE TREATMENT
EOLD
VS
Euthanasia and physician assisted suicide
FACILITATING
VS
HASTENING THE NATURAL PROCESS OF DYING
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is morally permissible if the action
EOLD vs Euthanasia and physician assisted suicide
RU
LE
OF
DO
UB
LE
EF
FE
CT An action with two possible consequences, one good and one bad
USE OF SEDATIVES/ NARCOTICS- relieving pain or causing death
is morally permissible if the action
RU
LE
OF
DO
UB
LE
EF
FE
CT
•Is not in itself immoral
•Is undertaken only with the intention of achieving the possible good effect, without
intending the possible bad effect, even though the bad effect may be foreseen
•The action does not bring about the good effect solely by means of the bad effect
•Is undertaken for a proportionately grave reason
Recommendation 8, ISCCM Position, Limiting life-prolonging interventions and providing palliative care towards
the end of life in Indian intensive care units. IJCCM, April- June 2005, 9(2)
END OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONLEGAL ISSUES RELATED TO TREATING DOCTOR
IPC SECTION 76, 81 AND 88
DEFENCES AVAILABLE TO DOCTOR UNDER IPC
AMPLE SCOPE TO PROTECT THE WELL MEANING DOCTORAMPLE SCOPE TO PROTECT THE WELL MEANING DOCTOR
GOOD INTENTIONBENEFISCENCE, NON MALEFISCENCE
the constitutional and legal provisions in Indian law for limiting life support. S.Balakrishnan, R.K. Mani.
ISCCM Position, IJCCM, April – June 2005;9(2)
DO
CU
ME
NTA
TIO
N
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ISCCM POSITION
LIMITING LIFE PROLONGING INTERVENTIONS AND PROVIDING PALLIATIVE CARE
TOWARDS THE END OF LIFE IN INDIAN INTENSIVE CARE UNITSMani R.K., Chawla R., Divatia J.V., Kapadia F. Rajgopalan R, Balakrishnan S., Todi S.K.; IJCCM April-June2005,9(2)
•When to initiate EOL discussions•When to initiate EOL discussions
•Checklist for initiating EOL discussions
•Rationale
•Recommendation for limiting life support interventions
LIMITATION OF LIFE SUPPORT
ISCCM POSITION RECOMMENDATION 2
•DNI/ DNR
•TREATMENT WITHHOLDING
FULL RESUSCITATION
•TREATMENT WITHHOLDING
•TREATMENT WITHDRAWING
PALLIATIVE CARE
EUTHANASIA AND PATIENT ASSISTED SUICIDE- illegal in India
LIMITATION OF LIFE SUPPORT
ISCCM POSITION
Pending consensus decisions or in the event of conflicts between the physician’s recommendations
and family’s wishes, all existing supportive interventions should continue.
The physician however, is not morally obliged to institute new therapies against his/ her
better clinical judgment.
RECOMMENDATION 4
The discussions leading up to the decision to withhold life supporting therapies should be clearly
documented in the case records, to ensure transparency and to avoid future misunderstanding.
Such documentation should mention the persons who participated in the decision making process
and the treatment withhold or withdrawn.
The committee does not regard the signature of a family representative to be a mandatory requirement.
RECOMMENDATION 5
LIMITATION OF LIFE SUPPORT
ISCCM POSITION
if the capable patient or family consistently desires that life support be withdrawn, in situation in which
the physician considers aggressive treatment nonbeneficial, the treating team is ethically bound to
consider withdrawl within the limits of existing laws.
RECOMMENDATION 7
RECOMMENDATION 8
Rule of double effect – since court can not recognize intentions, we should take care to document the
use of opiates and the indication for their use.
The optimal dose of opiates is determined by increasing the dose until the patient’s comfort is ensured,
There is no maximal dose recommended.
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ICU DATA
Paucity of empirical data on the frequency and manner of foregoing life support in Indian ICUPaucity of empirical data on the frequency and manner of foregoing life support in Indian ICU
•UNAWARENESS OF ETHICAL ISSUES
•CULTURE OF FIGHTING TILL THE END
•ABLE TO SAY THAT ONE HAS DONE EVERYTHING
•LACK OF PALLIATIVE CARE ORIENTATION
•LEGAL AND ADMINISTRATIVE PREJUDICES
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ICU DATA- USA
A National Survey of End-of-life Care for Critically Ill PatientsTHOMAS J. PRENDERGAST, MICHAEL T. CLAESSENS, and JOHN M. LUCE; AM J RESPIR CRIT CARE MED 1998;158:1163–1167.
prospectively collected data from icu trainee residents from 131 ICUs at 110 institutions in 38 states of USA
over a period of 1year (1994-1995)
Total ICU admissions -++74,502
Total ICU deaths-++++ 6,303 (8.5%)
Brain deaths-+++++... 393 (6.2%)
Full resuscitation-+. 1,544 (26%)
end-of-life decisions -5,910 (73%)
DNI - ++++++..+1,430 (24%)
Withholding -+++...797 (14%)
Withdrawal -++++ 2,139 (36%)
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ICU DATA- EUROPE
End-of-Life Practices in European Intensive Care UnitsThe Ethicus Study
Prospectively defined end-of-life practices in 37 ICUs in 17 European countries were studied from
January 1, 1999, to June 30, 2000.
To determine the frequency and types of actual end-of-life practices in
European intensive care units (ICUs) and to analyze the similarities and differences.European intensive care units (ICUs) and to analyze the similarities and differences.
Full resuscitation ++++++...-20%
EOL decision+++++++++-80%
withholding -+++++++++.-38%
withdrawing -++++++++.... -33%
shortening of the dying process -2%.
withdrawal -+ 99% died within 4 hours
Withholding +89% died within 14.3 hours
11% of patients survived
REASONS-AGE, POOR PROGNOSIS, POOR PREDICTED QUALITY OF LIFE
Greatest frequency of limitation occurred in acute neurological disease
Substantial intercountry variability – religion and culture rooted
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ICU DATA- INDIA
Limitation of life support in the ICU: ethical issues relating to end of life care
Mani R.K., IJCCM 2003;7:112-117
Single centre survey from tertiary care Indian Hospital March- Dec 2002
Total admissions- ++..852
Total deaths-+++...+ 238 ( 27%)
Full resuscitation-++. 186 (78%)
EOLD- ++48 (22%)
DNR-+++ 4 (8%)
Withhold-+. 4 (8%)
LAMA- ++.38 (79%)
Brain dead-.. 4 ( 8%)
Reasons - financial
END OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONICU DATA- INDIA
Limitation and withdrawl of intensive therapy at the end of life practices in intensive care units
in Mumbai, India. F. Kapadia, J. Divatia, F. E. Udwadia, Dilip R. Karnad, Crit Care Med 2005;33:1272-1275
Review of prospectively collected data from ICU of 4 major hospitals from Oct -Dec 2002
Hinduja hosp
(Private)
Breach Candy
(Private)
TMH
(Public private)
KEM HOP
(Public)TOTAL
Total death in
hospital87 24 88 846 1045
Death in ICU 59 10 12 62 143
EOL decision 24 (41%) 4 (40%) 6 (50%) 15 (19%) 49 (34%)
-DNI 8 (13.6%) 2 (20%) 2 (17%) 0 12 (25%)
-Withhold 14 (24%) 0 4 (33%) 15 (24%) 33 (67%)
-Withdrawn 2 (3%) 2 (20%) 0 0 4 (8%)
END OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONEND OF LIFE DECESIONICU DATA- INDIA
End of life decisions in Indian intensive care unit.Mani R.K., Mandal A.K.; Intensive Care Med 2009,35:1713-1719
Retrospective analysis of patients died in 12 bed ICU of tertiary care private hospital in India
admitted between May 2006 to Dec 2007
Reasons- advanced chronic diseaseEOLD- ++++43 (48%)
Patients admitted- 830
Death-+++++ 88 (10.6%)
Full resuscitation- 45 ( 57%)
Reasons- advanced chronic disease
unresponsive to treatment
Advanced age
Family unwilling to continue treatmentPREHOSPITAL FULLY DEPENDENDENT STATUS
self paying –++++++. full resuscitation
Insurance beneficiaries- +equally represented
REASONABLE LEVELS OF LIMITATION ARE ACHEIVABLE IN INDIA DESPITE PERCEIVED BARRIERS
EOLD- ++++43 (48%)
DNR- +.............15 (35%)
Withhold-++.. 25 (58%)
Withdrawl-... +.3 (7%)
Escalation of treatment in last 3 days of life –
more frequent in full resuscitation group
FINANCIAL BURDEN
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DATA- CAREGIVERS APPROACH- INDIA
Physician belief and practices regarding end of life care in India
V.Theodore Barnett, V.K. Aurora, IJCCM, July-Sep, 2008, 12(3)
Response to questionnaires at NAPCON 2002 at Jaipur, India
Joint conference of National college of chest physicians and Indian chest society
46% answered withdrawl was practiced
(almost 75% of hospitals in India did not allow this practice)
Barriers-Legal and administrative, lack of guidelines
Culture and religion was not perceived as barrier
Fators considered important-•Age
•Economy
•Duration of disease
•HIV status
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DATA- CAREGIVERS APPROACH-ISRAEL
Forgoing Life-Sustaining Treatments: Comparison of Attitudes between Israeli and
North American Intensive Care Healthcare ProfessionalsEthan Soudry , Charles L. Sprung , Phillip D. Levin, IMAJ 2003;5:770-774
A survey among members of Israeli society of critical care medicine using a questionnaire during
1992-1994
DNR orders both (incidence and reason) were similar to that in USA
Approach was paternalistic compared to USA
An almost similar percent of physicians apply DNR orders in their intensive care units,
but much less (28% vs 95%) actually discuss these orders with the families of their patients
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DATA- CAREGIVERS APPROACH- EUROPE
Forgoing life support in western European intensive care units: The results of an
ethical questionnaireVincent, Jean-Louis MD, PhD, FCCM, Crit Care Med;1999;27(8):1626-33
Intensive care unit ------------------------limitation of beds
admissions with no hope of survival--70%
shortening of death------------------------40%
differences between action and belief of physicians
DEFINITIONS ISCCM POSITIONS
FULL SUPPORT: the provision of all measures needed to support hemodynamics, ventilation
and metabolism.
FULL RESUSCITATION( CPR): aggressive ICU management up to and including
resuscitative attempts, in the event that cardio respiratory arrest occurs.
DNI/ DNR: aggressive ICU management up to , but not including endotracheal intubation ( DNI/ DNR: aggressive ICU management up to , but not including endotracheal intubation (
DNI) or attempts at CPR ( DNR).
WITHHOLDING OF LIFE SUPPORT: not to institute new treatment or to escalate
existing treatments for life support, ( including, but not limited to, intubation, ionotropes,
vasopressors, mechanical ventilation, dialysis, antibiotics, intravenous fluids, enteral or
parenteral nutrition) with the understanding that the treatment has a higher potential to cause
pain and suffering than resolution of organ failure.
DEFINITIONS ISCCM POSITIONS
WITHDRAWING OF LIFE SUPPORT: the cessation or removal of an ongoing life supporting
treatment while not substituting an equivalent alternative treatment, with the
understanding that the treatment in question is causing pain and suffering and serves no
purpose other than delaying death. It is anticipated that the patient will die following the
change in therapy because of the natural progression of underlying disease conditions.
PALLIATIVE CARE: provisions of active measures aimed at only alleviating pain and suffering,
with no further attempt at resuscitation or providing organ support, when the underlying with no further attempt at resuscitation or providing organ support, when the underlying
disease process is presumed to have reached a point of no return.
Futility- a life sustaining intervention is futile if reasoning and experience indicates that
the intervention would be highly unlikely to result in a meaningful survival for that
patient.
Def of American Thoracic Society