End of life issues

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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).

In general, decisions to limit treatment are made in conjunction with all members of the multidisciplinary team. There should usually be consensus from all clinicians and nursing staff involved with care of the patient that continuation of life-sustaining treatment is inappropriate. If there is any doubt, it is usually better to continue treatment until consensus is reached. The final decision to limit treatment, however, rests with the consultant intensivist and the referring consultant in conjunction with the patient or the patient’s representative.

Recent changes in the UK (Mental Capacity Act 2005) have helped clarify the role of the patient’s next of kin and independent advocates in decision making in such circumstances.

MANAGING WITHDRAWAL OF TREATMENT

The best approach to the actual process of withdrawal of treatment will vary from case to case. From a legal point of view, there is no distinction drawn between, for example, the withdrawal of vasoactive drugs and assisted ventilation. Commonly:

Consideration should be given as to when and where is the best place for withdrawal of treatment to occur. The process is often best managed in the intensive care unit, where staff can support the patient and relatives. Some units have developed so-called ‘tender loving care’ rooms specifically designed for this purpose. In some circumstances it may be more appropriate to transfer the patient to a general ward. Occasionally, particularly when patients are aware of their surroundings and what is happening, it may be appropriate to transfer the patient somewhere else, such as a hospice, or even home, in order that they may die in peaceful surroundings. Consideration should also be given to the timing of withdrawal of treatment in order that relatives visiting from afar may be present.

Relatives will often ask how long death will take. In general terms, the greater the level of support withdrawn, the more quickly death is likely to occur. In many patients death can be confidently predicted to occur quite quickly, while in others prediction may be more difficult. Rarely patients may even apparently improve temporarily following withdrawal. Unless it is absolutely clear that a patient will die quickly, it is best not to make predictions about the speed of death. Say that you do not know, but will be in a better position to judge once life-sustaining therapy has been withdrawn.

CONFIRMING DEATH

When a patient dies, death must be confirmed by a doctor. Interestingly, there is no legally agreed definition of death in the UK (other than brainstem death); however, it is generally taken to include cessation of breathing and the absence of a heartbeat. Note the following and record findings in the medical records along with the date and time of death:

BREAKING BAD NEWS

This is never an easy task, particularly if the death has occurred unexpectedly or if the patient was very young. If the relatives are not present at the time of the death they will generally be called by a senior nurse and asked to come into the hospital. Try to avoid talking on the telephone if at all possible.

When relatives are present or when they arrive, you should speak to them in a quiet side room. It is worth checking that all relevant members of the family are present, as different branches of families may not communicate.

The stages of bereavement include denial, anger and gradual acceptance. Any of these emotions may be expressed. It is not uncommon for the initial response to take the form of anger, particularly if relatives believe that things have gone badly for their loved one. Such anger often subsides over time as the realities of the situation become apparent. Sympathetic handling, honesty and compassion with relatives will avoid many later complaints.

Many units now offer relatives the chance to return at a later date to revisit the sequence of events surrounding a patient’s death and to ask any questions they may have. This is a valuable part of the grieving process for relatives. Formal grief counselling may benefit some relatives.

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.

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:

If the cause of death is not suspicious, or unnatural, the coroner may give permission for you to issue a death certificate (initial box ‘A’ on the reverse of the death certificate). In this case, the cause of death cited on the form is agreed with the coroner’s officer, who then issues a covering slip to the registrar’s office.

If the cause of death is unknown, or is suspicious or unnatural, then the coroner’s officer will take over. Generally a coroner’s post-mortem will be performed, and if necessary an inquest convened.

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.)

Practicalities of donor management

Transplant surgeons are accepting organs (particularly kidneys) from more unstable and elderly patients than in the past, and in addition there is increasing utilization of tissues such as bone, skin and heart valves. If in doubt about what can be used, ask the transplant coordinator. Each region has one or more transplant coordinators who will liaise between the organ retrieval teams and the referring hospital. They will also provide advice on the management of the donor.

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

* Maastricht criteria 1995. Category 5 added 2003.

Typically patients on ICU are in category 3. The patient does not fulfill criteria for brainstem death, but death is inevitable, withdrawal of treatment is planned, and the family wish their relative to become an organ donor. Following discussion and consent from relatives, there is a planned withdrawal of supportive treatment. Following asystole, there is a ‘stand-off’ period during which relatives may ‘say goodbye’ to their loved one, after which the organs are cold perfused in situ by cannulation of the femoral artery and vein before being removed for transplant.

CULTURAL ASPECTS OF DEATH AND DYING

Different groups have different ways of dealing with death. This may clash with your own religious or cultural beliefs. Some groups may have large extended families and publicly display their grief. A number of religious groups are unhappy about post-mortem examinations and some prefer to remove the body from the hospital as soon as possible after death. This can sometimes be arranged. You should respect the views of others.

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.

TABLE 16.2 Beliefs and practices of common religious groups

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