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Lawsuits, etc
Bill Griggs wgriggs at bigpond.net.auFri Apr 25 05:20:50 BST 2008
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Dear Ken and all, If a patient is not "of sound mind" then they should / can be detained under the various Mental Health legislation (admittedly this will vary from country to country or state to state). Once detained a duty of care concept applies and the patient's wishes are not over-riding. An key issue arises when someone clearly wants to be allowed to die. We generally define a desire for death as an "unsound" desire and therefore suicidal ideation is defined as "insane" and warrants detention under Mental Health Legislation. One could argue the validity of this and people do, but it pretty much accepted unless one is in "the terminal stages of a terminal illness". So in Ken's hypothetical case one issue is whether you feel the patient really understands the consequences of their decision. I can imagine a variant of this scenario where the patient's wishes may be adhered to. Imagine the patient is 95 years old, has known end-stage respiratory failure, is on home oxygen and has a painful disseminated incurable end stage cancer. The patient had already signed a Do Not Resuscitate order prior to being shot. He even has it tattooed on his chest (I have seen this). He is a retired eminent trauma surgeon who has kept up to date with the advances in the literature and is very well informed. He is lucid and say he really wants just to be made comfortable especially as given his pre-morbid conditions the chances of him surviving surgery would be very low anyway. His family all agree they would prefer him to pass peacefully with them present. In that case I would have no problem with giving him adequate analgesia and focusing on comfort care. Would anyone here force other treatment on him? If so - with what justification? However consider the same situation in a young emotionally distressed previously well patient who is agitated and refusing everything? I would probably detain that person under the Mental Health Legislation here and provide the care necessary to try to keep him alive. That may include sedating / intubating and ventilating him. In the middle somewhere there will be a gray zone, which may depend a bit on our own individual prejudices. I find it helps me to try to imagine that I am the patient, not the doctor and to think would I want some other doctor to over-ride my decision for my own good? In gray zone cases ideally I try to get at least one other senior doctor to confirm my view before documenting the path I will follow. This acts a reality check for me. I want to avoid the trap of patronising arrogance because "I am a doctor and I know best". We need to think about what we do and not just mindlessly follow recipes. Patients should be allowed to control their own destiny and to make decisions, even on occasion they should be allowed to make bad decisions.... and guess what? Sometimes doctors make bad decisions too... As you say Ken - Autonomy and equipoise. My 2c worth. Regards Bill A/Prof William Griggs AM Director Trauma Services Royal Adelaide Hospital South Australia wgriggs at bigpond.net.au BTW Did you know that we all suffer from a sexually transmitted degenerative disease with 100% mortality? it is called Life. -----Original Message----- From: kmattox at aol.com [mailto:kmattox at aol.com] Sent: Wednesday, 23 April 2008 21:36 To: Trauma & Critical Care mailing list Subject: Re: Lawsuits, etc Change the focus and ask the questions. A fully consious patient has a tender abdomen following a GSW and also needs a blood transfusion. The patient refuses both, yet the doctor insists the patient should not die on his shift. Does the doctor have the right to sedate the patent so as to remove the objections, with the sole purpose of doing a laparotomy and giving blood. Autotomy and equipose. K <snip>
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