CHAPTER 16 END OF LIFE ISSUES
TREATMENT LIMITATION DECISIONS
Patients are often admitted to the ICU for a period of stabilization and assessment. Over time, however, it may become clear that the patient has no prospect of meaningful recovery. Under these circumstances, a decision may be made to withdraw treatment or limit further escalation of treatment. In this setting it is important to understand that there is no medico–legal obligation to continue treatment that is futile and, indeed, to do so could be considered as assault on the patient. Treatment limitation may take a number of forms depending on individual circumstances and local practice (see Box 16.1).
Box 16.1 Potential treatment limitation options
Admitting patient to ICU but limiting time for response to treatment
(Withdrawal of active treatment if no response)
Limiting range of treatments offered (e.g. not for dialysis / ventilation / inotropes)
Not escalating treatment in face of further deterioration (e.g. ceiling on inotropes)
MANAGING WITHDRAWAL OF TREATMENT

Euthanasia
UK law does not allow the practice of euthanasia. Patients who are dying should not, however, be allowed to suffer needlessly. It is permissible to administer sedative or analgesic drugs to relieve patient distress, accepting that in some cases the administration of these drugs will speed up the process of death. This is known as the ‘doctrine of double effect’. Most units would prescribe benzodiazepines or opioids for this purpose and many relatives gain comfort from the fact that the dying patient is not allowed to suffer unnecessarily. It is important in this respect, however, to distinguish between the patient’s suffering and the distress of relatives or staff. It is not acceptable to administer drugs that potentially shorten life solely to ease the distress of relatives or carers.
CONFIRMING DEATH
BREAKING BAD NEWS

ISSUING A DEATH CERTIFICATE

POST-MORTEM EXAMINATIONS
Consent to post-mortem examination
Fully informed consent is required from relatives for both post-mortem examination and for the retention of any tissue samples. Consent will often be obtained by the referring clinicians, for example the surgeon, if the patient has died shortly following surgery. If you are required to obtain consent for a post-mortem, you must be aware of what the examination will entail and what samples may be retained. This may require you to discuss the details of the post-mortem with the pathologist. There is an option to request only a limited post-mortem, e.g. a liver biopsy or lung biopsy. This will often provide sufficient information to answer clinical questions and may be more acceptable to the family.
REPORTING DEATHS TO THE CORONER
If you are unable to issue a death certificate, you must report the death to the coroner (Procurator Fiscal in Scotland). The commoner indications for reporting a death to the coroner are given in Box 16.2. If in doubt, ask.
Box 16.2 Indications for reporting death to the coroner
Death cannot be certified as due to natural causes
Deceased not seen by a doctor within the last 14 days
Death occurred within 24 h of hospital admission
Death occurred in suspicious circumstances or following an accident or violence
Death occurred during or shortly after imprisonment or while in police custody
Death occurred while deceased was detained under Mental Health Act
Death may have been contributed to by actions of deceased, including self-injury or drug abuse
Death associated with neglect, including self-neglect
Deceased was receiving any form of war pension or industrial disability pension
Death could be in any way related to the deceased’s employment
Death associated with abortion, spontaneous or induced
Death occurring during an operation or before full recovery from the effects of an anaesthetic or in any way related to an anaesthetic*
Death was related to a medical procedure or treatment*
Death may be due to lack of medical care*
* It is advisable to discuss any death following surgery or other procedure with the coroner. There is no formal time limit laid down for this.
If in any doubt, you should discuss the death with the coroner. You will generally deal with the coroner’s officer. There is usually a specially trained policemen with variable degrees of medical knowledge, but is nevertheless a useful source of advice. When speaking to the coroner’s officer, you will need the following information:

BRAINSTEM DEATH AND ORGAN DONATION
The brainstem is responsible for the maintenance of life-sustaining functions within the body, in particular the maintenance and adequacy of respiration. With the advent of modern intensive care, it is possible for patients in whom brainstem death has occurred to be on a ventilator and still have a heart beat and pulse. These patients are not capable of sustaining life on their own. Brainstem death is therefore now a legally accepted definition of death, the diagnosis of which is governed by strict guidelines and protocols. Patients who are brainstem dead and on a ventilator may be suitable for organ donation. (See Brainstem death, p. 297.)
Consent for organ donation
Not all relatives will give consent to organ donation; some religious groups in particular find it difficult. You must accept their wishes, no matter what your own views are. (A code of practice for the diagnosis and confirmation of death. Academy of Medical Royal Colleges 2008. http://www.aomrc.org.uk/aomrc/admin/reports/docs/DofD-final.pdf.)
Practicalities of donor management
The management of a potential brainstem dead organ donor is essentially similar to that of other ICU patients, (particularly those with brain injury). The aim is optimization of physiological parameters, particularly oxygen delivery, and avoidance of secondary physiological insults to organ systems.
Problems after brainstem death include:


Special investigations
A number of investigations need to be carried out prior to organ donation. These are shown in Box 16.3. There are increasing concerns about the risks of donor transmitted infection and malignancy. The transplant coordinator will give advice, as this is a changing area, particularly in relation to hepatitis serology.
NON-HEART BEATING ORGAN DONATION
The shortage of donor organs from cadaveric, heart beating (brainstem dead) donors has led to renewed interest in the use of non-heart beating (asystolic) donors. Important issues are timing and definition of death, and the time elapsed between death and organ procurement.
In general, organs may be suitable for organ donation after asystole, if the time interval between death and retrieval is short, so that irretrievable damage to the organs does not occur. Five categories of patients who might be suitable have been described. These are shown in Table 16.1.
TABLE 16.1 Maastricht categories for non-heart beating donors
Category 1 | Dead on arrival at hospital |
Category 2 | Unsuccessful resuscitation (following out of hospital cardiac arrest) |
Category 3 | Awaiting cardiac arrest |
Category 4 | Cardiac arrest following confirmed brainstem death |
Category 5* | Cardiac arrest in a hospital inpatient |
CULTURAL ASPECTS OF DEATH AND DYING
Table 16.2 gives a brief guide to the beliefs and practices of the more common religious groups. The information has been compiled from a number of sources and every effort has been made to ensure that it accurately reflects religious and cultural beliefs. Any errors or admissions are unintentional and no offence is intended.
Anglicans | May request baptism, eucharist, or anointing |
Roman Catholics | May request baptism, holy communion and sacrament of the dying |
Members of Christian Free Church | Christians who do not conform to the Anglican or Catholic tradition Generally less emphasis on the sacraments May request a minister for informal prayers |
Jehovah’s Witnesses | Unrestricted access family and friends and church elders (There are no formal ministers, all Jehovah’s Witnesses are ministers). There are no ceremonial rites at death |
Christian Scientists | Believe in the power of God’s healing and avoid conventional medicine May accept conventional medicine due to family or legal pressure without loss of faith and allow medical care of children No specific ceremonial rites at death Would not wish to consent to post-mortem or organ donation |
Afro-Caribbean community | Extended family and church visits More emphasis on prayer than sacraments May prefer body to be handled by staff of same cultural background Older members of the community may believe in the sanctity of the body and not wish to consent to post-mortem or organ donation |
Rastafarian | May prefer alternative therapy to conventional medicine. Distinctive hairstyle, may not want hair cut Second-hand clothes are taboo, may be reluctant to wear hospital gowns No specific ceremonial rites at death Unlikely to consent to post-mortem or organ donation |
Buddhists | State of mind is important Require peace and quiet for meditation and chanting May request counselling from local Buddhists No specific ceremonial rites at death A Buddhist monk should be informed of the death |
Jews | Orthodox Jews will wish to maintain customs of dress, diet, prayer and observe the Sabbath while in hospital May object to any intervention which may hasten death (e.g. withdrawal of treatment) Relatives may wish to consult a rabbi No specific ceremonial rites at death but may recite special prayers There is a wish that dying Jews should not be left alone Ritual laying out of the body by Jewish burial society with burial arranged ideally within 24 h Post-mortem not permitted except where law requires it Unlikely to consent to organ donation |
Muslims | Muslim women will not want to be seen by male doctors Prayer ritual may be continued Cleanliness important and running water required for washing Friends and family may recite prayer, dying patient may wish to be turned towards Mecca (south-east) Body should not be touched by non-Muslims (if necessary wear gloves) and should be prepared according to the wishes of the family or priest Funerals should take place within 24 h where possible Believe in the sanctity of the body Unlikely to consent to post-mortem or organ donation |
Hindus | Hindu women prefer female doctors Prayer ritual may be continued Dying patients may wish to lie on the floor to be close to ‘Earth’ Rites including tying of a holy thread and sprinkling with water from the River Ganges Religious tokens should not be removed Body should not be touched by non-Hindus (if necessary wear gloves) and should be prepared according to the wishes of the family or priest Ideally cremation should be arranged within 24 h, often not practicable No specific religious objection to post-mortem or organ donation, although these are not liked |
Sikhs | Sikh women will prefer female doctors Sikh men will wish to keep their hair covered at all times The five symbols of faith should not be disturbed in life or death Running water preferred for washing No specific ceremonial rites at death Traditionally Sikh families will lay out the body, but no specific objection to others touching the body |