On this blog, Professor Thaddeus Pope tracks judicial, legislative, policy, and academic developments concerning medical futility and the limits on individual autonomy at the end of life.

Monday, August 1, 2011

Unilateral DNR Okay; Lack of Transparency Not Okay

Carl Winspear, who suffered from cerebral palsy, died from pneumonia at Sunderland Royal Hospital in January.  An inquest into his death recorded a verdict of natural causes.  But the 28-year-old’s family has raised concerns over a “Do Not Resuscitate” order (DNR) which was placed on Carl’s file while he was in hospital.  (Sunderland Echo

“The doctor made the order, as he believed that in the event of a cardiopulmonary arrest, resuscitation would be unsuccessful.  “Attempted CPR is an active intervention that can be traumatic and can both cause harm and result in death occurring in a manner that the patient and people close to the patient would not have wished.  “The doctor therefore made this decision in what he believed was Carl’s best interest at the time.”

The family say the order was made at 3am one day after a decision taken by doctors.  They were not informed until the following day.  They concede that the DNR order was made because it was physically impossible to resuscitate him due to his condition.  His mother said: “It’s not that fact that they are issuing DNRs, but the fact that they are not informing the families.

It is unclear what exactly the family is asking for here.  It seems rather odd to say, "We are going to make your son DNR because resuscitation would be physiologically futile in any case."  Why disclose treatments that are not real options, not real choices?  Granted, a tougher question is whether DNR should be presented as an "option" when it has a likelihood of success greater than 0%.
    

10 comments:

Anonymous said...

Why are unilateral DNRs okay? It appears the Doctors could have notified the parents that they were putting a DNR into the chart and that their son would not be resuscitated!

Certainly the physicians should have a legal obligation to discuss their "futility" decisions with the family and ask for consent.

Isn't this the law in GB as well as in the United States?

Jim deMaine, MD said...

My guess is that this unfortunate patient with pneumonia could have been placed on a ventilator and kept alive for a period of time that way. Virtually anyone with pneumonia, even with severe CP, can be kept going that way. So it would seem that the decision not to provide intubation may have been one of what Jecker and Schneiderman would call "qualitative futility". In other words, the patient's physiological functions could have been supported, but the intervention seemed non-beneficial, even harmful, in the big picture.

My take is that by default medicine and society have agreed that we are all "full code" until a stop (DNR) order is written. When Medic 1 is called, they are expected to go full bore (unless a POLST or similar form is available to them). Since the DNR order carries a significant life and death burden for the patient, family, and doctor transparency is very important. I learned the hard way that all family members need to be on board at the end: http://www.endoflifeblog.com/2010/01/you-killed-my-mother.html

Anonymous said...

this mother took desitions ft her son for 28 years of his life not once did they tell her he was so poorly and neither did she think,as he had been admitted a lot of times before with much much worse symptoms,the point is that they took away every desition on that fateful day.they didnt even tell her what was the cause of death that was told by the registra 5-30pm on the friday evening 5 days after carl died his mother rcieved a phone call to say they'thought' it was pnemonia.and that was only because the bbc were righting a story on him and they had to syop it going out,we new nothing of the lack of drugs,[14 hours for one 20 hours for another,]or the dnr untill we obtained his medical records through the coroner[which i rang]hs mother was told all that day he was fine and was sent home she was denied the chance to stay with her son.for reasons we dont know,the way she was treat was disgusting,she had 4 mins with her dying son who she took amazing care of for 28 years and families should never be exluded for something as impottant as this.and the same hospital is alway's in the papers for 'mistakes'had it not been for going public this case would never had come to light and the dr's would have stay'd quite.and theses are the people we are supposed to trust!!!!!oh and there exuse was it was 3am and did not want to disturb her,if he had died there and ten i wonder if they would have disturbed her then.....

Anonymous said...

This all started in Jan 2011 when Carl was admitted into hospital with his usual chest infection. Drs believed he had swine flu from the clinical picture as results of swabs had not arrived back at the hospital. This was recorded on his death certificate and it was not until 4 days later when the hospital informed his family this was not the cause of his death. Cornoner was contacted and a post-mortem was carried out. During inquests and hospital records the family discovered about the DNAR order plus mistakes in administration of medication. The family knew that Carl could not be resusitated due to his severe curvature of his spine but expected all due care would be given but unfortunately that was not the case. The law in GB states that Drs do not have to inform the families on placing DNARs. Considering that Carl was very vunerable and had no communication skills, in this case, his family should have been completely involved in his care. This law needs to be changed. Carl was in hospital for just over 24hrs.

Anonymous said...

the family were taken into a room and the all the dr was interested in was 'this was not down to goverment cuts'not how poorly carl was.what would happen if someone with dementia went into this hospital? would they do the same.i feel it has been legalised euthanasia in this case.these are people we are all suppose to trust with our lives.we were SHOCKED to find out because his medication was 10 mins late he had to wait until next morning.his chest infection turned into pneumonia and he died just over 24 hours after being admitted to hospital.they didnt even take the family aside to explain why and how carl died.had the bbc not being writing a story none of this would have come to light.all day his mother asked if she could stay with carl not because she thought he was so ill but because she knew best how to feed,change and turn call,every other time she was asked to stay so what was different this time,carl like anyone else was entitled to a duty of care that he did not recieve its disgusting that a family should be treat like this.this hospital is always in the press for wrong doing and yet it still goes on.the only apoligy she has recieved is for'lack of communication' six months later i might add.it's a disgrace these dr's have no respect

Jim deMaine, MD said...

I'd just like to clarify the fact that "pulmonary resuscitation" can be carried out without doing chest compressions which apparently were not possible due to severe spinal curvature. Even with facial and neck deformities virtually all patients can be intubated (at times using a flexible fiberoptic bronchoscope) - or a bedside tracheotomy can be performed in certain situations.

The point is that the patient's doctors decided that placing the patient on a ventilator was "futile". It's not clear to me why they felt that way, but it's no excuse not to discuss it with the family.

Anonymous said...

all the dr was interested in was saving money,the first thing he said was'this is not down to goverment cuts'i feel so sorry for the elderly and disabled in the uk,these dr's don't care about health all they care about is saving money,if you have an electrronic priscription if it's 7 mins late like carls was you have to wait untill next morning,don't ask me why,i truly believe if carl had a loading dose of antibiotics he would at least had a chance.it was never a discussion about how poorly carl was even though carls mother asked in 2007 to be added on his notes that dnr was not an option,they made a decision to let carl die that night and then tried to justify it,even at the inquest the dr in question lied and tried to say he had his medication,not for a moment thinking we'd reserched everything,i'm afraid he just looked like an idiot!! we had 3 parts to the inquest and we brought things into the equation no one else thought of thats why the coroner has wrote to the health minister.not once did we know or told there were different ways to resusetate.not once have they appoligised not once have they aproached his mother and they are still trying to justfy it.it's disgusting,everyone is entitled to the very best care and those dr's had a DUTY OF CARE and the hospital and the dr's failed carl in a massive way.

Anonymous said...

Thank you to Jim deMaine for taking the time to correspond to this article. It all boils down to the hospital not wanting to treat Carl any futher. With Carl missing vital medication is illness did deteriorate rapidly so he did not stand a chance to recover. With Carl being mentally and physically disabled to the hospital he was not worth spending money on. It may have been Carls time to leave but nobody can tell you that.

Thaddeus Mason Pope, J.D., Ph.D. said...

There is no evidence that this was motivated by money. The family does not even contest that DNR was medically appropriate. The dispute seems to be about communication.

Anonymous said...

we as a family do contest the dnr,it should never have been issued there was no medical need for it.we read through all of his notes and at 3am there was no reason to issue one,we as a family believe it was down to money in the usa it's very different dr's there seem to care about people here in the uk there's constant battles about who should be treated,it's crazy,were at the point where there saying they cant treat overwieght people or smoker's it's crazy,in some cases they let the elderly just die it's getting to the point people are frightend to go into hospital.isnt that a sad state of affairs.