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Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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60. Withholding & Withdrawing Treatment


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Conscientious and careful medical practitioners assign disease causes to natural laws, while the best scientists go back to medicine for their first principles.
~ Aristotle


Abstract

The right of patients to withhold and withdraw from medical treatment is based on the principle of autonomy and the moral obligation of medical practitioners to pursue the patient’s best interests and “first do no harm.” The patient’s autonomy is protected through informed consent, living wills, durable power of attorney for health care, and surrogate decision-making by next of kin. In the event of disagreement among surrogates, an ethics consultation can be sought to reach a consensus. Legally, in the US, common law recognizes the patient’s right to withhold and withdraw from treatment, but there may be controversy over the evidence accepted as proof. The right to withheld and withdraw from medical treatment is essential to maintaining the patient’s autonomy, interests, and well-being, and practitioners should support patients and surrogates in these decisions.

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Think   

[60:1] Professionally, legally, and morally, there is no difference between refusing a medical treatment provided and withdrawing from a medical treatment already begun. Making a false distinction between the two increases the patient’s fear that once a treatment is started, the treatment can never be stopped, no matter how harmful to the patient or against the patient’s later judgment. 

[60:2] Patient fear resulted in the mantra of the medical profession: “Primum non nocere,” Latin for “first do no harm.” The closest approximation of the mantra is from the Epidemics in the Hippocratic Corpus: 

ἀσκέειν, περὶ τὰ νουσήματα, δύο, ὠφελέειν, μ βλάπτειν

[The medical practitioner must] … have two special objects in view concerning disease, namely, to do good or to do no harm (book 1, sect.11)

The Hippocratic Oath states:

I will keep them from harm and injustice

[60:3] The patient’s right to withhold and to withdraw from treatment is a recognition of the patient’s autonomous right to be in control of what is done to their body and a foundational professional obligation of the practitioner: first do no harm. 

Assess
Patient: 1) Autonomy

[60:4] Based on the individual moral principle of autonomy, all competent adults with decisional capacity have the right to exercise informed consent, meaning the informed determination of what treatments they are to receive, withhold, or withdraw. There is no professional, legal, or moral distinction between withholding and withdrawing medical treatment, even though there may be an emotional or experiential distinction. The patient always has the right to stop a treatment that has been started. This autonomous moral right to withdraw treatment provides the patient the freedom and opportunity to experiment and try out various treatment options knowing that, at any time and for any reason, the patient can exercise their autonomous authority and withdraw from the treatment, regardless, and independently of other people’s opinions, beliefs, and objections.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[60:5] Professionally, the medical practitioner has the moral obligation to pursue the patient’s best interests in accordance with the patient’s reasonable goals, values, and priorities. If the patient loses their decisional capacity, then in hierarchical order, the practitioner should use:

  • 1. the most recent oral or written documents indicating patient consent for the withholding or withdrawing treatment,
  • 2. a living will that expresses what treatment options the patient would wish to have or not have,
  • 3. a durable power of attorney for health care, which indicates who is to make medical decisions for the patient, (Durable meaning that the proxy’s authority to make medical decisions becomes effective once the patient loses decisional capacity or consciousness.)
  • 4. next of kin, which may vary slightly from state to state, but in general, the order of surrogate authority is the patient’s:

        1) guardian,

        2) spouse,

        3) adult offspring(s),

        4) either parent,

        5) any adult sibling,

        6) any adult grandchild,

        7) close friend,

        8) guardian of the estate,

        9) temporary custodian.

[60:6] The assumption is that the surrogate decision-making list is in the hierarchical order of which individual(s) would have the best knowledge of the patient’s reasonable goals, values, and priorities, so that the surrogate(s), using substituted judgment, can make medical decisions the way the patient would have. This hierarchical structure of authority exemplifies the high degree of importance of individual patient autonomy (informed consent) by oral or written document, to a living will, to a patient’s proxy whose goal is to make medical decisions using substituted judgment, meaning using the patient’s reasonable goals, values, and priorities when making medical decisions. This high degree of patient-centered decision-making is believed to maximize the patient’s best interests.

[60:7] If surrogates are unable to determine whether or not the patient would wish to withdraw life-sustaining medical treatment (LSMT), and there is disagreement as to whether or not that would be in the patient's best interests, then that would be a time in which an “ethics consultation” would help bring the surrogates into consensus.

Public Policy: 4) Justice

[60:8] In the United States, common law has legally established that patients have the autonomous right to withhold and to withdraw from medical treatment. Although there is state controversy about what evidence is accepted as proof of a patient’s desire to withdraw life-sustaining medical treatment (LSMT) after losing decisional capacity, there is no legal controversy that then the surrogate has the legal right to withhold and withdraw medical treatment.

Conclude

[60:9] Patient’s have the legal, professional, and moral right to withhold and withdraw medical treatment. However, issues arise when surrogates cannot agree on whether or not to withdraw life-sustaining medical treatment (LSMT) for a patient when the patient’s desires are not determinable. In such situations, the practitioner should encourage surrogate discussion. If such surrogate discussions fail to promote a consensus, then bringing in a third party “ethics consultation” will assist the surrogates toward a decisional consensus. 

[60:10} In summary, patients have the right to withhold and withdraw from medical treatment based on the principle of autonomy and the moral obligation of medical practitioners to pursue the patient’s best interests. The patient’s autonomy is protected through informed consent, living wills, durable power of attorney for health care, and surrogate decision-making. Legally, in the US, common law recognizes the patient’s right to withhold and withdraw from treatment. The practitioner’s moral obligation is to first do no harm and to pursue the patient’s best interests. When surrogates cannot agree on whether or not to withdraw life-sustaining medical treatment for a patient when the patient’s desires are not determinable, an ethics consultation can be sought to help guide the decision-making process.

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60. Review Questions

1. The mantra of the medical profession: “Primum non nocere,” Latin for “first do no harm.”

2. There is no professional, legal, or moral distinction between withholding and withdrawing medical treatment, even though there may be an emotional or experiential distinction.

3. This autonomous moral right to withdraw treatment provides the patient the freedom and opportunity to experiment and try out various treatment options knowing that at any time and for any reason, the patient can exercise their autonomous authority and withdraw from the treatment.

4. The assumption is that the surrogate decision-making list is in the hierarchical order of which individual(s) would have the best knowledge of the patient’s reasonable goals, values, and priorities, so that the surrogate(s), using substituted judgment, can make medical decisions the way the patient would have.

5. If surrogates are unable to determine whether or not the patient would wish to withdraw life-sustaining medical treatment (LSMT), and there is disagreement as to whether or not that would be in the patient's best interests, then that would be a time in which an “ethics consultation” would help bring the surrogates into consensus.

6. [60:8] After the patient loses decisional capacity, there are various legal controversies as to whether or not a surrogate has the legal right to withhold and withdraw life-sustaining medical treatment (LSMT).

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60. Clinical Vignettes

1. Ms. Maria Roberts is a 50-year-old accountant who has been diagnosed with early-onset Alzheimer's disease. She has been living with her husband and children, but her condition has worsened, and she has been admitted to the hospital due to complications from the disease. Ms. Roberts has lost decisional capacity, and her husband has been appointed as her surrogate decision-maker. The medical team has recommended that Ms. Roberts be placed on a ventilator due to respiratory failure, but her husband is conflicted about what decision to make. Ms. Roberts's advance directive did not include any instructions about life-sustaining treatment, and her husband is unsure whether to proceed with the ventilation or to withhold the treatment. What ethical principle is at stake in this case?

2. Ms. Mia Garcia is a 72-year-old retired teacher who has been diagnosed with terminal cancer. She has been admitted to the hospital with severe pain and difficulty breathing. Ms. Garcia is still able to communicate and has decisional capacity. She has expressed to her medical team that she does not want any further medical interventions and prefers to focus on palliative care to manage her symptoms. Ms. Garcia has designated her daughter, Maria, as her healthcare proxy in case she loses decisional capacity. However, Maria disagrees with her mother's decision and wants the medical team to do everything possible to prolong her life. What ethical principle is at play in this situation?

3. Ms. Susan Jenkins is a 75-year-old retired teacher who was recently diagnosed with advanced ovarian cancer. She has been receiving chemotherapy for several months, but her cancer has continued to progress. Ms. Jenkins has now lost decisional capacity and her husband has been appointed as her surrogate decision-maker. The medical team is recommending a new treatment option that could potentially extend Ms. Jenkins's life, but also carries significant risks and could decrease her quality of life.

4. Ms. Sophia Baker is a 78-year-old woman with a history of heart disease and dementia. She has been living in a nursing home for the past year and has recently been admitted to the hospital with pneumonia. While in the hospital, she experiences respiratory failure and requires mechanical ventilation. Ms. Baker no longer has decisional capacity. The medical team informs her daughter, who is her designated surrogate, that she may require a tracheostomy to continue the mechanical ventilation for an extended period of time. The daughter is hesitant to consent to the tracheostomy because she knows her mother would not have wanted to be on prolonged mechanical ventilation. However, she is also hesitant to withdraw life-sustaining treatment as she feels guilty and wants to do everything possible to keep her mother alive. The daughter asks the medical team to provide guidance on what the best course of action is.

5. Mr. Michael Ward is a 68-year-old man with advanced Parkinson's disease. He has been living in a nursing home for the past year and is frequently admitted to the hospital for treatment of infections. He has recently been admitted to the hospital with pneumonia and is having difficulty breathing. While in the hospital, he experiences respiratory failure and requires mechanical ventilation. Mr. Ward has decisional capacity and expresses to the medical team that he does not want to be on prolonged mechanical ventilation. However, his daughter, who is his designated surrogate, insists that he should receive all available treatment options to prolong his life, regardless of his wishes. What is the professional obligation of the medical team?

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60. Reflection Vignettes

1. Dr. Emma Lopez, a 50-year-old critical care physician, admits a patient named John Smith, who is 70 years old, to the intensive care unit (ICU) due to multiple organ failure from sepsis. John is alert and oriented with decisional capacity and tells Dr. Lopez that he no longer wishes to undergo any aggressive LSMT, including mechanical ventilation or vasopressors. John explains that his quality of life is poor, and he wishes to die peacefully. Dr. Lopez discusses John's decision with him, explaining that it may hasten his death, and offers supportive measures like hospice and palliative care. She also ensures that his decision is informed, voluntary, and without coercion before honoring his wishes.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Ms. Evelyn Watson is a 65-year-old retired teacher who is now in the intensive care unit (ICU) with a severe case of pneumonia. Ms. Watson has three siblings who are making medical decisions for her. Two siblings, Mr. Michael Johnson and Ms. Patricia Brown, believe that their sister's quality of life is so poor that all life-sustaining medical treatment (LSMT) ought to be forgone. Mr. Johnson and Ms. Brown are concerned that their sister's suffering is unbearable and believe that continuing aggressive treatment would be futile. However, the third sibling, Mr. Robert Watson, is adamantly against such a decision. Mr. Watson believes that his sister would want all possible medical interventions, no matter what the outcome may be. The family is in disagreement about what medical decisions to make, and the attending practitioner must navigate this complicated situation while upholding ethical principles and the patient's wishes.

This is a classic example of how an ethics consult can help because there is a disagreement among the patient's family members regarding the best course of action for the patient's medical care. An ethics consult can provide a neutral and impartial perspective to help resolve the conflict and ensure that the patient's wishes and best interests are respected. An ethics consult can also provide guidance on how to approach the decision-making process, help clarify any legal or ethical issues involved, and facilitate communication between the different parties involved. Additionally, an ethics consult can provide support to the healthcare team in navigating complex ethical dilemmas and help ensure that the patient receives compassionate and appropriate care.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

**

60c*

Jehovah Witness

An adult parent and their 13-year-old child are presented to the emergency department (ED) unconscious and in critical condition. Death is imminent unless they both get blood, but there is time to get a surrogate consent who is present. There is no living will or durable power of attorney on record. The patient’s spouse, who is also the other biological parent of the child, informs the ED practitioner that both of the patients are Jehovah’s Witnesses and that it is against their religion to receive any blood and therefore requests that no blood be given to both the spouse and child. The spouse also said they had numerous discussions about such a situation occurring, and not getting blood was what they wanted. Both patients are also wearing No Blood medical alert wristbands. What should the practitioner do?

  • A. Do as the surrogate dictates and do not give blood to either patient.
  • B. Override the surrogate and give blood to both patients.
  • C. Call for an Ethics Consult.
  • D. Get a court order to give blood to both patients.
  • E. Give blood to the child but not to the parent.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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60d*

False Beliefs

[D60:1]

An adult patient with schizophrenia is evaluated in the emergency department for acute rectal bleeding. A colonoscopy is recommended to diagnose and treat the hemorrhage. The patient refuses because they think that the procedure will give them HIV. What should be done?

[D60:2]

  • A. Do not provide treatment until the patient understands that treatment will not result in HIV.
  • B. Immediately call for a psychological evaluation to override the patient’s false  belief.
  • C. Call for an ethics consultation.
  • D. Provide an alternative treatment option, even if it is not the accepted standard treatment.
  • E. Discharge the patient.
  • F. Provide emergency treatment that meets the best practice standard.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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