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8/2/2019 Ethics End of Life Death & Dying
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Ethical Decision-Makingin End-of-Life Care
Dr. Maria Fidelis C. Manalo, MScPalliative Care
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Sanctity of LifeYou shall not kill.
You have heard that it was said to the men of old, "You shall not kill:and whoever kills shall be liable to judgment." But I say to you thatevery one who is angry with his brother shall be liable to judgment.
"Human life is sacredbecause from its beginning itinvolves the creative action of God and it remains for everin a special relationship with the Creator, who is its soleend.
God alone is the Lord of life from its beginning until its end:no one can under any circumstance claim for himself theright directly to destroy an innocent human being.
Catechism of the Catholic Church, 2258
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Stewardship of Life
In this view, we are stewards, not owners,of our own bodies and are accountable toGod for the life that has been given to us.
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Human life as a value
Life, however, is not an absolute value.
The Christian understanding of lifes
meaning and purpose is founded on a beliefin the resurrection of Christ and the hope ofan afterlife.
We have a duty to preserve our life and touse it for the glory of God, but the duty topreserve life is not absolute.
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Care for the Sick
Those whose lives are diminished or weakeneddeserve special respect.
Sick or handicapped persons should be helped tolead lives as normal as possible.
Catechism of the Catholic Church, 2276
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EuthanasiaConsists of an act or omission which, of itself or by
intention, causes death in order to eliminate suffering
Constitutes a murder gravely contrary to the dignity of thehuman person and to the respect due to the living God,
his Creator.
The death caused by euthanasia is not part of thenatural process of dying of a terminally ill person.
Whatever its motives and means, direct euthanasiaconsists in putting an end to the lives of handicapped,sick, or dying persons. It is morally unacceptable.
Catechism of the Catholic Church, 2277
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Medicalized killing
Medicalized killing of a person without thepersons consent, whether nonvoluntary (wherethe person is unable to consent) or involuntary
(against the persons will), is not euthanasia:it is murder.
Hence, euthanasia can be voluntary only.Materstvedt et al, Palliative Medicine2003
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Euthanasia & Physician Assisted Suicide
Euthanasiais killing on request and is defined as adoctor intentionally killing a person by the administrationof drugs, at that persons voluntary and competentrequest.
Physician-assisted suicideis defined as a doctorintentionally helping a person to commit suicide byproviding drugs for self-administration, at that persons
voluntary and competent request.Materstvedt et al, Palliative Medicine2003
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Foregoing Extraordinary Means to Prolong
the Life of a Dying Patient
Foregoing extraordinary means to sustain life is differentfrom euthanasia on several main points:
Unlike euthanasia, foregoing extraordinary means isnot intended to cause death.
The death that follows from foregoing extraordinary
means was not induced or directly caused. Thedeath simply follows from the natural process ofdying that is no longer postponed by extraordinarymeans.
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Foregoing Extraordinary Means to Prolongthe Life of a Dying Patient
Discontinuing medical procedures that are burdensome,dangerous, extraordinary, or disproportionate to theexpected outcome can be legitimate
It is the refusal of "over-zealous" treatment.
Here one does not will to cause death; one's inability toimpede it is merely accepted.
The decisions should be made by the patient if he iscompetent and able or, if not, by those legally entitled to actfor the patient, whose reasonable will and legitimate interestsmust always be respected.
Catechism of the Catholic Church, 2278
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Foregoing Extraordinary Means to Prolongthe Life of a Dying Patient
Determining whether a treatment is ordinary orextraordinary depends upon the balance between
two sets of factors.
On one hand, we have to consider the physical,psychological, economic and other harm which a
given modality of treatment is expected to cause, firstof all, to a patient, but also to his or her relatives andfriends as well as to society.
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Foregoing Extraordinary Means toProlong the Life of a Dying Patient
On the other hand, we have to take into account thedegree of probability, if any, first of all, that the patientwill be cured or will be able, for a significant period of
time, to live on under humanizing conditions.
If the good outweighs the harm, then it can bereasonably affirmed that the means is morally
ordinary (proportionate). If the harm outweighs thegood, then disproportion probably exists and meansis probably morally extraordinary.
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Foregoing Extraordinary Means to Prolongthe Life of a Dying Patient
Extraordinary means usually refer to highly specialized,physically difficult, psychologically draining or veryexpensive measures used in order to delay the imminent
death and prolong the life of the dying patient.
These extraordinary means no longer correspond to thereal situation of the patient, either because they are by nowdisproportionate to any expected results or because theyimpose an excessive burden on the patient and his family.
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Care for the Terminally-ill
Even if death is thought imminent, the ordinary care owed toa sick person cannot be legitimately interrupted.
The use of painkillers to alleviate the sufferings of the dying,even at the risk of shortening their days, can be morally inconformity with human dignity if death is not willed as eitheran end or a means, but only foreseen and tolerated asinevitable
Palliative care is a special form of disinterested charity. Assuch it should be encouraged.
Catechism of the Catholic Church, 2279
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Palliative Sedation vs. Euthanasia
In terminal or palliative sedation of those imminently dying:
The intentionis to relieve intolerable suffering
The procedureis to use a sedating drug for symptom control
The successful outcomeis the alleviation of distress
In euthanasia:
The intentionis to kill the patient
The procedureis to administer a lethal drug
The successful outcomeis immediate death
Materstvedt et al, Palliative Medicine2003
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Palliative Sedation
In palliative care, mild sedation may be used therapeuticallybut in this situation it does not adversely affect the patientsconscious level or ability to communicate.
The use of heavy sedation (which leads to the patientbecoming unconscious) may sometimes be necessary toachieve identified therapeutic goals.
However, the level of sedation must be reviewed on a
regular basis and in general used only temporarily.
It is important that the patient is regularly monitored.
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It is licit to relieve pain by narcotics, even when the result isdecreased consciousness and a shortening of life, "if noother means exist, and if, in the given circumstances, this
does not prevent the carrying out of other religious andmoral duties."
In such a case, death is not willed or sought, even though
for reasonable motives one runs the risk of it: there issimply a desire to ease pain effectively by using theanalgesics which medicine provides. (Evangelium Vitae,65)
The Use of Painkillers That May Shortenthe Life of a Terminally-ill Patient
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Advance Directivesand End-of-Life Decisions
Dr. Maria Fidelis C. Manalo, MScPalliative Care
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Purpose
Discuss advance directives and end-of-life caredecisions
Learn the different types of advance directives
Recognize advantages and disadvantages ofadvance directives
Learn the ethical principles that guide end-of-lifecare and decisions, especially withholding and
withdrawing therapy
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What rights do patients have regarding
their medical treatment?Patients are entitled to complete information about their
illness and how it may affect their lives, and they have the
right to share or withhold that information from others.
Patients should also be informed about any proceduresand treatments that are planned, the benefits and risks,
and any alternatives that may be available.
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What rights do patients have regarding
their medical treatment?Patients have the right to make decisions about their own
treatment. These decisions may change over time.
In the face of worsening disease, some patients may want totry every available drug or treatment in the hope thatsomething will be effective.
Other patients may choose to forgo aggressive medicaltreatment.
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What rights do patients have regarding
their medical treatment?Many patients turn to family members, friends, or caregivers
for advice.
But it is the patient's decision how much or how littletreatment to have.
Sometimes a patient is unable to make this decision, due tosevere illness or a change in mental condition.
That is why it is important for people with life-limiting
illnesses to make their wishes known in advance.
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End-of-life care
A general term that refers to the medical andpsychosocial care given in the advanced or
terminal stages of illness.
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Legal documents, such as the living will, durable power ofattorney and health care proxy, which allow people toconvey their decisions about end-of-life care ahead of
time.
Provide a way for patients to communicate their wishes tofamily, friends, and health care professionals and to avoid
confusion later on, should they become unable to do so.
What are Advance Directives?
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Ideally, the process of discussing and writingadvance directives should be ongoing, rather thana single event.
Advance directives can be modified as a patient'ssituation changes.
Even after advance directives have been signed,patients can change their minds at any time.
Advance Directives
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Why are advance directives important?
Complex choices about end-of-life care are difficulteven when people are well. If a person is seriously ill,these decisions can seem overwhelming.
But patients should keep in mind that avoiding thesedecisions when they are well will only place a heavierburden on them and their loved ones later on.
Communicating wishes about end-of-life care willensure that people with life-limiting illness face the endof their lives with dignity and with the same values by
which they have lived.
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What is a Living Will?
A living will is a set of instructions documenting aperson's wishes about medical care intended to sustainlife.
It is used if a patient becomes terminally ill, incapacitated,or unable to communicate or make decisions.
Everyone has the right to accept or refuse medical care.
A living will protects the patient's rights and removes theburden for making decisions from family, friends, and
physicians.
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What is a Living Will?
There are many types of life-sustaining care that should
be taken into consideration when drafting a living will.These include:
the use of life-sustaining equipment (dialysis machines, ventilators,and respirators);
"do not resuscitate" orders; that is, instructions not to use CPR ifbreathing or heartbeat stops;
artificial hydration and nutrition (tube feeding);
withholding of food and fluids;
palliative/comfort care; and
organ and tissue donation.
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What is a Living Will?
It is also important to understand that a decisionnot to receive "aggressive medical treatment" isnot the same as withholding all medical care.
A patient can still receive antibiotics, nutrition,pain medication, radiation therapy, and otherinterventions when the goal of treatment
becomes comfort rather than cure. This is called palliative care, and its primary focus is
helping the patient remain as comfortable as possible.
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What is a Living Will?
Patients can change their minds and ask to
resume more aggressive treatment.
If the type of treatment a patient would like to
receive changes, however, it is important to beaware that such a decision may raise insuranceissues that will need to be explored with thepatient's health care plan.
Any changes in the type of treatment a patientwants to receive should be reflected in the
patient's living will.
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What is a Living Will?
Once a living will has been drawn up, patientsmay want to talk about their decisions with thepeople who matter most to them, explaining thevalues underlying their decisions.
In the US, most states require that the documentbe witnessed.
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What is a Living Will?
Then it is advisable to make copies of the
document, place the original in a safe, accessibleplace, and give copies to the patient's doctor,hospital, and next of kin.
Patients may also want to consider keeping a
card in their wallet declaring that they have aliving will and where it can be found.
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History of the "living will"
The "living will" was originally invented in 1967by two groups, the Euthanasia Society ofAmerica and Euthanasia Education Council, and
was touted as a first step in gaining publicacceptance of euthanasia.
These groups had been struggling for years toget "mercy-killing" bills (which would allowdoctors to give disabled or dying patients lethaloverdoses) passed in various state legislatures.
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Resisting the new "Death Ethics"
Even Catholic hospitals and nursing homes nowoffer some kind of "living will" and most peoplefalsely assume that such directives are
automatically compatible with Church teaching.
While it has always been true that futile orexcessively burdensome treatment or care can
morally be refused, the Catholic Church has longcondemned causing or hastening death, whetherby omission or commission.
POPE JOHN PAUL II :
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POPE JOHN PAUL II :Clarify the substantive moral difference between
DISEASE DEATH
Discontinuing medicalprocedures that may beburdensome, dangerous,
or disproportionateto theexpected outcome
> "the refusal of 'over-zealous'treatment"
Taking away the
proportionate means ofpreserving life, such as
ordinary feeding, hydration,
and normal medical care
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However, no "living will" is risk-free and even refusing
to sign a "living will" is no guarantee that the "right todie" will not be exercised for the patient despite his/herwishes.
The best defense now is to have a loving relative orfriend who is informed about ethical options and whocan legally speak for the patient if he/she cannotbecause of illness or injury.
It is also crucial that the patient chooses a doctorwithout a "right to die" bias, preferably one with a goodunderstanding of Catholic ethical principles andNatural Moral Law.
Living Will
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What is a Medical Power ofAttorney?
A legal form that states who the patient wants to
make decisions about medical care
The person is authorized to speak for the patient
ONLY if the patient is unable to make his/herown medical decisions
May also be called:
"health care proxy or agent"health care surrogate"durable power of attorney for health care"
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Withholding, WithdrawingLife-Sustaining Treatment
RICHARD J. ACKERMANN, M.D.RICHARD J. ACKERMANN, M.D.
AmAmFamFamPhysician.Physician. 20002000 OctOct 1;62(7):15551;62(7):1555--1560.1560.
Adapted from Education for Physicians on End-of-Life CareTrainer's Guide, Module 11, withholding, withdrawing therapy.In: Emanuel LL, von Gunten C J, Ferris FD. Education forphysicians on end-of-life care/Institute for Ethics at theAmerican Medical Association. Chicago, IL: EPEC Project,The Robert Wood Johnson Foundation, 1999.
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Any life-sustaining treatment
Resuscitation (CPR)
Elective intubation,mechanicalventilation
Surgery
Dialysis,Hemofiltration
Blood transfusions,blood products
Diagnostic tests
Artificial nutrition,(parenteral or enteral)or hydration (IVF)
Antibiotics
Vasopressors
Future hospital, ICU
admissions
aimed at maintaining organ function that only
prolong death may be withdrawn or withheld
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8-step protocol to discusstreatment preferences . . .
1. Be familiar with policies, statutes
2. Appropriate setting for the discussion
3. Ask the patient, family what they understand
4. Discuss general goals of care
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. . . 8-step protocol to discusstreatment preferences
5. Establish context for the discussion
6. Discuss specific treatment preferences
7. Respond to emotions
8. Establish and implement the plan
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Aspects of informed consent
Problem treatment would address
What is involved in the treatment /procedure
What is likely to happen if the patientdecides not to have the treatment
Treatment benefits
Treatment burdens