Choices in Dying

Do you recoil at the heading, “Choices in Dying”? If so, you may be living in the wrong century. Every twenty-first-century death involves choices, beginning with risks taken or avoided, habits sustained, and specific measures to postpone or hasten death.

It might seem that war deaths, or bystander gun deaths, or accidents of many kinds are not chosen. But always, decisions by the society, the family, or the individual make life or death more likely. For instance, 15,000 fewer motor-vehicle deaths occurred in the United States in recent years than in 1980, when such deaths reached the highest level ever. The reduction since then resulted from thousands of choices, by legislators, police, car designers, and drivers.

A Good Death

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Too Late for Her When Brittany Maynard was diagnosed with progressive brain cancer that would render her unable to function before killing her, she moved from her native California to establish residence in Oregon, so she could die with dignity. A year later, the California Senate Health Committee debated a similar law, with Brittany’s photo on a desk. They approved the law, 5–2.

People everywhere hope for a good death (Vogel, 2011), one that is:

Many would add that control over circumstances and acceptance of the outcome are also characteristics of a good death, but on this cultures and individuals differ. Some dying individuals willingly cede control to doctors or caregivers, and others fight every sign that death is near. Some cultures praise the dying for non-acceptance.

MODERN MEDICINE In some ways, modern medicine makes a good death more likely. The first item on the list has become the norm: Death usually occurs at the end of a long life.

Younger people still get sick, of course, but surgery, drugs, radiation, and rehabilitation typically mean that, in developed countries, the ill go to the hospital and then return home. If young people die, death is typically quick (before medical intervention could save them) and that makes it a good death for them (if not for their loved ones).

In other ways, however, contemporary medical advances have made a bad death more likely, especially the last items on this list. When a cure is impossible, physical and emotional comfort deteriorate (Kastenbaum, 2012). Instead of acceptance, people submit to surgery and drugs that prolong pain and confusion. Hospitals sometimes exclude visitors from intensive-care units, and patients may become delirious or unconscious, unable to die in peace.

Video: The End of Life: Interview with Laura Rothenberg

The underlying problem may be medical care itself, which is so focused on lifesaving that dying invites “the dangers of well-intentioned over ‘medicalization’” (Ashby, 2009, p. 94). Dying involves emotions, values, and a community—not just a heart that might stop beating. As my religious adviser told my brother, who wanted to keep it quiet that he was dying, “Cancer is a family disease.” Fortunately, three factors that make a good death more likely have increased: honest conversation, the hospice, and palliative care.

HONEST CONVERSATION In about 1960, researcher Elisabeth Kübler-Ross (1969, 1975) asked the administrator of a large Chicago hospital for permission to speak with dying patients. He told her that no one in the hospital was dying! Eventually, she found a few terminally ill patients who, to everyone’s surprise, wanted very much to talk.

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From ongoing interviews, Kübler-Ross identified emotions experienced by dying people and by their loved ones. She divided these emotions into five sequential stages.

  1. Denial (“I am not really dying.”)

  2. Anger (“I blame my doctors, or my family, or God for my death.”)

  3. Bargaining (“I will be good from now on if I can live.”)

  4. Depression (“I don’t care about anything; nothing matters anymore.”)

  5. Acceptance (“I accept my death as part of life.”)

Another set of stages of dying is based on Abraham Maslow’s hierarchy of needs, first introduced in Chapter 1 (Zalenski & Raspa, 2006).

  1. Physiological needs (freedom from pain)

  2. Safety (no abandonment)

  3. Love and acceptance (from close family and friends)

  4. Respect (from caregivers)

  5. Self-actualization (appreciating one’s unique past and present)

Maslow later suggested a possible sixth stage, self-transcendence (Koltko-Rivera, 2006), which emphasizes the acceptance of death.

Other researchers have not found these sequential stages. Remember the woman dying of a sarcoma, cited earlier? She said that she would never accept death and that Kübler-Ross should have included desperation as a stage. Kübler-Ross herself later said that her stages have been misunderstood, as “our grief is as individual as our lives. . . . Not everyone goes through all of them or goes in a prescribed order” (Kübler-Ross & Kessler, 2014, p. 7).

Nevertheless, both lists remind caregivers that each dying person has strong emotions and needs that may be unlike that same person’s emotions and needs a few days or weeks earlier. Furthermore, those emotions may differ from those of the caregivers, who themselves may have different emotions from each other.

It is vital that everyone—doctors, nurses, family, friends, and the patient—knows that a person is dying; then, appropriate care is more likely (Lundquist et al., 2011). Unfortunately, even if a patient is dying, most doctors never ask about end-of-life care. The result is not longer life but more pain, more procedures, and higher hospital bills. By contrast, patients whose treatment includes discussion of palliative care are happier and live longer (Sher, 2015).

Most dying people want to be with loved ones and to talk honestly with medical and religious professionals. Individual differences continue, of course. Some people do not want the whole truth; some want every possible medical intervention to occur; some do not want many visitors. In many Asian families, telling people they are dying is thought to destroy hope (Corr & Corr, 2013a).

Better Ways to Die

Several practices have become more prevalent since the contrast between a good death and the traditional hospital death has become clear. The hospice and the palliative care specialty are examples.

hospice

An institution or program in which terminally ill patients receive palliative care to reduce suffering; family and friends of the dying are helped as well.

HOSPICE In 1950s London, Cecily Saunders opened the first modern hospice, where terminally ill people could spend their last days in comfort (Saunders, 1978). Thousands of other hospices have opened in many nations, and hundreds of thousands of hospice caregivers now bring medication and care to dying people where they live. In the United States, more than half of all hospice deaths occur at home (NHPCO, 2014).

Hospice professionals relieve discomfort, avoiding measures that merely delay death; their aim is to make dying easier. Comfort can include measures that some hospitals forbid: acupuncture, special foods, flexible schedules, visitors when the patient wants them (which could be 2 A.M.), massage, aromatic oils, and so on (Doka, 2013).

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Same Situation, Far Apart: As It Should Be Dying individuals and their families benefit from physical touch and suffer from medical practices (gowns, tubes, isolation) that restrict movement and prevent contact. A good death is likely for these two patients—a husband with his wife in their renovated hotel/hospital room in North Carolina (left), and a man with his family in a Catholic hospice in Andhra Pradesh, India (right).

There are two principles for hospice care:

In 2013 in the United States, 43 percent of deaths occurred with hospice care, one-third of them within a week after hospice care began (National Center for Health Statistics, 2011). Hospice caregivers wish they had more time to assess and meet the particular medical and emotional needs of the dying person and their loved ones. Dying and mourning are lengthy processes. It is not true that hospice care necessarily means a quick death, although doctors are reluctant to recommend hospice unless they are certain that death is imminent.

Unfortunately, hospice does not reach many dying people (see Table EP.2), even in wealthy nations, much less in developing ones (Kiernan, 2010).

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THINK CRITICALLY: What are the possible reasons that fewer people in hospice are from non-European backgrounds?

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There are ethnic differences as well. In the United States, only 6 percent of hospice patients are Latino (NHPCO, 2014). Compared to European Americans, African Americans are more often admitted to hospice from a hospital than from a home and are likely to die relatively quickly (one week, on average), whereas the average hospice death occurs two weeks after admission (K. S. Johnson et al., 2011). The reason is thought to be cultural, not economic, since Medicare now pays most hospice expenses.

Nationally, about 15 percent of hospice patients are discharged alive. Sometimes their health has improved. However, the hospices with the highest “live discharge” rates tend to be recently founded, private, profit-making institutions: Their hospice admissions and discharges may occur for financial, not medical, reasons (Teno et al., 2014). (Originally, hospices were all nonprofit.)

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Figure 16.5: FIGURE EP.4 Not with Family Almost everyone prefers to die at home, yet most people die in an institution, surrounded by medical personnel and high-tech equipment, not by the soft voices and gentle touch of loved ones. The “other” category is even worse, as it includes most lethal accidents or homicides. But improvement is evident. Twenty years ago the proportion of home deaths was notably lower.

Home hospice care requires family or friends trained by hospice workers to provide care. Although this has led to an increase of “good deaths” at home, not everyone has available caregivers. Most deaths still occur in hospitals, and many others occur in nursing homes (see Figure EP.4).

palliative care

Medical treatment designed primarily to provide physical and emotional comfort to the dying patient and guidance to his or her loved ones.

PALLIATIVE CARE In 2006, the American Medical Association approved a new specialty, palliative care, which focuses on relieving pain and suffering, in hospitals, homes, or hospice. Palliative doctors are trained to discuss options with patients and their families. Some interventions (especially surgery) may be refused if people understand the risks and benefits (Mynatt & Mowery, 2013). Palliative doctors also prescribe powerful drugs and procedures that make patients comfortable.

double effect

When an action (such as administering opiates) has two effects, such as relieving pain and suppressing respiration.

Morphine and other opiates have a double effect: They relieve pain (a positive effect), but they also slow down respiration (a negative effect). Painkillers that reduce both pain and breathing are allowed by law, ethics, and medical practice.

In England, for instance, although it is illegal to cause death, even of a terminally ill patient who repeatedly asks to die, it is legal to prescribe drugs that have a double effect. One-third of all English deaths include such drugs. This itself raises the issue of whether some narcotics are used to hasten death more than to relieve pain (Billings, 2011).

Heavy sedation is another method sometimes used to alleviate pain. Concerns have been raised that this may merely delay death rather than prolong meaningful life, since the patient becomes unconscious, unable to think or feel (Raus et al., 2011).

Ethical Issues

As you see, the success of medicine has created new dilemmas. Death is no longer the natural outcome of age and disease; when and how death occurs involves human choices.

DECIDING WHEN DEATH OCCURS No longer does death necessarily occur when a vital organ stops. Breathing continues with respirators; stopped hearts are restarted; stomach tubes provide calories; drugs fight pneumonia.

Almost every life-threatening condition results in treatments started, stopped, or avoided, with death postponed, prevented, or welcomed. This has fostered impassioned arguments about ethics, both between nations (evidenced by radically different laws) and within them.

THINK CRITICALLY: At what point, if ever, should intervention stop in order to allow death?

Religious advisers, doctors, and lawyers disagree with colleagues within their respective professions. Family members disagree with one another. Members of every group disagree with members of their own group and the other groups (Ball, 2012; Engelhardt, 2012; Nelson-Becker et al., 2015).

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One physician, a specialist in palliative care, advised his colleagues:

The highway of aggressive medical treatment runs fast, is heavily travelled, but can lack landmarks and the signage necessary to know when it is time to make for the exit ramp . . . These signs are there and it is your responsibility to communicate them to patients and families.

[Fins, 2006, p. 73]

Good advice, hard to follow.

EVIDENCE OF DEATH Historically, death was determined by listening to a person’s chest: No heartbeat meant death. To make sure, a feather was put to the person’s nose to indicate respiration—a person who had no heartbeat and did not exhale was pronounced dead. Very rarely, but widely publicized when it happened, death was declared but the person was still alive.

Modern medicine has changed that: Hearts and lungs need not function on their own. Many life-support measures and medical interventions circumvent the diseases and organ failures that once caused death. Checking breathing with feathers is a curiosity that, thankfully, is never used today.

But how do we know when death has happened? In the late 1970s, a group of Harvard physicians concluded that death occurred when brain waves ceased, a definition now used worldwide (Wijdicks et al., 2010). However, many doctors believe that death can occur even if primitive brain waves continue (Kellehear, 2008; Truog, 2007) (see Table EP.3).

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It is critical to know when people are in a permanent vegetative state (and thus will never regain the ability to think) and when they are merely in a coma but might recover. One crucial factor is whether the person could ever again breathe without a respirator, but that is hard to guarantee if “ever again” includes 10 or 20 years hence.

In 2008, the American Academy of Neurology gathered experts to conduct a meta-analysis of recent studies regarding end-of-life brain functioning. They found 38 empirical articles. Two experts independently read each one, noting measures used to determine death and how much time elapsed between lack of sentient brain function and pronouncement of death. They found no consensus. Only two indicators were confirmed: Dead people no longer breathe spontaneously, and their eyes no longer respond to stimuli.

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As this article points out, everyone needs to know when a person is brain-dead, but there is not yet a definitive, instant test because there are “severe limitations in the current evidence base” (Wijdicks et al., 2010, p. 1914). Thus, family members may spend months hoping for life long after medical experts believe no recovery is possible.

Consequently, a person who wanted to donate organs after death is unable to do so because so much time elapsed between death and donation that the organs are no longer usable. A survey of many nations found that there is no international agreement as to brain death, nor does that seem possible in the near future (Wahlster et al., 2015).

passive euthanasia

When a person is allowed to die naturally, instead of intervening with active attempts to prolong life.

DNR (do not resuscitate) order

A written order from a physician (sometimes initiated by a patient’s advance directive or by a health care proxy’s request) that no attempt should be made to revive a patient if he or she suffers cardiac or respiratory arrest.

EUTHANASIA Euthanasia, sometimes called mercy killing, is common for pets but rare for people. Many people see a major distinction between active and passive euthanasia, although the final result is the same. In passive euthanasia, a person near death is allowed to die. They may have a DNR (do not resuscitate) order, instructing medical staff not to restore breathing or restart the heart if breathing or pulsating stops.

Passive euthanasia is legal everywhere if the dying person chooses it, but many emergency personnel start artificial respiration and stimulate hearts without asking whether a patient has a DNR. That makes passive euthanasia impossible.

active euthanasia

When someone does something that hastens another person’s death, hoping to end that person’s suffering.

Active euthanasia is deliberately doing something to cause death, such as turning off a respirator or giving a lethal drug. Some physicians condone active euthanasia when three conditions occur: (1) suffering cannot be relieved, (2) incurable illness, and (3) a patient who wants to die. Active euthanasia is legal in the Netherlands, Belgium, Luxembourg, and Switzerland, and illegal (but rarely prosecuted) elsewhere.

Attitudes may be changing. For example, over the past decade in Austria, doctors in training have increasingly valued patients’ autonomy, which has led to more acceptance of active euthanasia (Stronegger et al., 2013) (see Figure EP.5). In every nation surveyed, some physicians would never perform active euthanasia and others have done so. Opinions from the public vary as well, although generally nations in eastern Europe are less accepting than those in western Europe (J. Cohen et al., 2013).

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Figure 16.7: FIGURE EP.5 Mercy or Sin? Most Austrians of every age think euthanasia is sometimes merciful. But almost a third disagree, and some of those think God agrees with them. If those opposite opinions are held by children of a dying parent, who should prevail?

physician-assisted suicide

A form of active euthanasia in which a doctor provides the means for someone to end his or her own life, usually by prescribing lethal drugs.

THE DOCTOR’S ROLE Between passive and active euthanasia is another option: A doctor may provide the means for patients to end their own lives, typically by prescribing lethal medication. This is called physician-assisted suicide.

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Physician-assisted suicide poses many controversial ethical issues. Even the name is in dispute: The laws in Oregon, Washington, Vermont, and California assert that such deaths should be called “death with dignity,” not suicide. No matter what the name, acceptance varies markedly by culture. Reasons have less to do with people’s personal experience than with religion, education, and local values (Verbakel & Jaspers, 2010).

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Liberté or Death? In many nations, most people approve death with dignity but most legislators do not. This woman’s sign says that 94 percent of her fellow citizens approve legalizing euthanasia.

Question 16.12

OBSERVATION QUIZ

Where did this rally take place?

Paris, France. Two clues: That is the Eiffel Tower, and François Hollande was elected president of France in 2012.

For example, some cultures believe that suicide may be noble, as when Buddhist monks publicly burned themselves to death to advocate Tibetan independence from China, or when people choose to die for the honor of their nation or themselves. However, in the United States, physicians of Asian heritage are less likely to condone physician-assisted suicide than are non-Asian physicians (Wolenberg et al., 2013; Curlin et al., 2008).

This reluctance of Asian doctors to speed up death helps explain a practice in Thailand: When it becomes apparent that a hospitalized patient will soon die, an ambulance takes that person back home, where death occurs naturally. Then the person and the family can benefit from a better understanding of life, suffering, and death (Stonington, 2012).

PAIN: PHYSICAL AND PSYCHOLOGICAL The Netherlands has permitted active euthanasia and physician-assisted suicide since 1980 and extended the law in 2002. The patient must be aware, the request must be clearly expressed, and the goal must be to halt “unbearable suffering” (Buiting et al., 2009). Consequently, Dutch physicians first try to make the suffering bearable via better medication.

However, a qualitative analysis found that “fatigue, pain, decline, negative feelings, loss of self, fear of future suffering, dependency, loss of autonomy, being worn out, being a burden, loneliness, loss of all that makes life worth living, hopelessness, pointlessness and being tired of living were constituent elements of unbearable suffering” (Dees et al., 2011, p. 727). Obviously, medication cannot alleviate all that.

Oregon voters approved physician-assisted “death with dignity” (but not other forms of active euthanasia) in 1994 and again in 1997. The first such legal deaths occurred in 1998. The law requires the following:

The law also requires record-keeping and annual reporting. About one-third of the requests are granted, and about one-third of those who are approved die naturally, never using the drugs. Between 1998 and 2012, about 200,000 people in Oregon died. Only 738 of them died after taking the prescribed lethal drugs.

As Table EP.4 shows, Oregon residents requested the drugs primarily for psychological, not biological, reasons—they were more concerned about their autonomy than their pain. In 2012, some 115 Oregonians obtained lethal prescriptions, and 77 legally used drugs to die. Most of the rest died naturally, but some were alive in January 2013 and expected to use the drug in the future (about 10 percent use their prescriptions the year after obtaining them) (Oregon Public Health Division, 2013).

THINK CRITICALLY: Why would someone take all the steps to obtain a lethal prescription and then not use it?

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OPPOSING PERSPECTIVES

The “Right to Die”?

slippery slope

The argument that a given action will start a chain of events that will culminate in an undesirable outcome.

Many people fear that legalizing euthanasia or physician-assisted suicide creates a slippery slope, that hastening death for the dying who request it will cause a slide toward killing people who are not ready to die—especially those who are disabled, old, poor, or of minority ethnicity. The data refute that concern.

In Oregon and the Netherlands, people from non-white groups are less likely to use fatal prescriptions. In fact, in Oregon almost all of those who have done so were European American (97 percent), had health insurance, and were well educated (81 percent had some college). There is no evidence of ageism: Most had lived a long life (average age is 71) (see Figure EP.6). Almost all (97 percent) died at home, with close friends or family nearby.

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Figure 16.9: FIGURE EP.6 Death with Dignity The data on who chooses death with dignity in Oregon do not suggest that people of low SES are unfairly pushed to die. In fact, it is quite the opposite—people who choose physician-assisted suicide tend to be among the older, better-educated, more affluent citizens.

All these statistics refute both the slippery-slope and the social-abuse arguments because the ones who actually die with physician assistance are not likely to slide anywhere they do not wish to go, nor are they likely to be pushed to die. Nonetheless, even those who believe that people should decide their own medical care do not themselves choose death when they are fatally ill. African Americans are particularly mistrustful of hospices, euthanasia, and physician-assisted suicide (Wicher & Meeker, 2012).

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The 1980 Netherlands law was revised in 2002 to allow euthanasia not only when a person is terminally ill but also when a person is chronically ill and in pain. The number of Dutch people who choose euthanasia is increasing, about 1 in 30 deaths in 2012. Is this a slippery slope? Some people think so, especially those who believe that God alone decides the moment of death and that anyone who interferes is defying God.

Arguing against that perspective, a cancer specialist writes:

To be forced to continue living a life that one deems intolerable when there are doctors who are willing either to end one’s life or to assist one in ending one’s own life, is an unspeakable violation of an individual’s freedom to live—and to die—as he or she sees fit. Those who would deny patients a legal right to euthanasia or assisted suicide typically appeal to two arguments: a “slippery slope” argument, and an argument about the dangers of abuse. Both are scare tactics, the rhetorical force of which exceeds their logical strength.

[Benatar, 2011, p. 206]

Not everyone agrees with that cancer specialist. Might the decision to die be evidence of depression? If so, no physician should prescribe lethal drugs (Finlay & George, 2011). Declining ability to enjoy life was cited by 89 percent of Oregonians who requested physician-assisted suicide in 2012 (see Table EP.4). Is that a sign of sanity or depression?

Acceptance of death signifies mental health in the aged but not necessarily in the young: Should death with dignity be allowed only after age 54? That would have excluded 11 percent of Oregonians who have used the act thus far. Is the idea that only the old be allowed to choose death an ageist idea, perhaps assuming that the young don’t understand what they are choosing or that the old are the ones for whom life is over?

The number of people who die by taking advantage of Oregon’s law has increased steadily, from 16 in 1998 (the first year) to 77 in 2012. Some might see that as evidence of a slippery slope. Others consider it proof that the practice is useful though rare—only 1 in 200 Oregon deaths involves physician assistance (Oregon Public Health Division, 2013).

People with disabling, painful, and terminal conditions who die after choosing futile measures to prolong life are eulogized as “fighters” who “never gave up.” That indicates social approval of such choices. This same attitude about life and death is held by most voters and lawmakers around the world. The majority oppose laws that allow physician-assisted suicide.

However, that majority is not evident everywhere.

  • In November 2008, in the state of Washington, just north of Oregon, 58 percent of voters approved a death with dignity law.

  • In 2009, Luxembourg joined the Netherlands and Belgium in allowing active euthanasia.

  • In 2011, the Montana senate refused to forbid physician-assisted suicide.

  • In 2012, a legal scholar contended that the U.S. Constitution’s defense of liberty includes the freedom to decide how to die (Ball, 2012).

  • In 2013, Vermont joined Oregon.

  • In 2014, New Mexico courts allowed such deaths (but legislators may disallow it in 2015).

  • In October 2015, after California’s End of Life Option Act passed in the state Senate and Assembly, Governor Jerry Brown signed the bill into law.

All that might seem like a growing trend, but proposals to legalize physician-assisted suicide have been defeated in several other U.S. states and in other nations. Most jurisdictions recognize the dilemma: They do not prosecute doctors who help people die as long as it is done privately and quietly. Opposing perspectives, and opposite choices, are evident.

advance directives

Any description of what a person wants to happen as they die and after they die. This can include medical measures, visitors, funeral arrangements, cremation and so on.

ADVANCE DIRECTIVES Advance directives can describe everything regarding end-of-life care. This may include where the person wants to die and what should happen to their body after death. Typically the focus is on medical measures.

Among the explicit statements in medical directives are: whether artificial feeding, breathing, or heart stimulation should be used; whether antibiotics that might merely prolong life or pain medication that causes coma or hallucinations are desired; whether religious music or clergy are welcome; and so on.

The legality of such directives varies by jurisdiction. Sometimes a lawyer is needed to ensure that documents are legal; sometimes a written request, signed and witnessed, is adequate.

Many people want personal choice about death; thus they approve of advance directives in theory but are uncertain about specifics. For example, few know that restarting the heart may extend life for decades in a healthy young adult but is likely to cause major brain damage, or merely prolong dying, in an elderly person whose health is failing.

Added to the complications are personal factors, such as additional morbidities and exactly what other factors are present. For example, the effect of cardiopulmonary resuscitation depends partly on how long the heart has stopped (Bass, 2011). Data on overall averages are contradictory (Elliot et al., 2011). Furthermore, the data given to family about the consequences may include only the medical consequences for survivors, not the odds of death.

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Even talking about choices is controversial. Originally, the U.S. health care bill passed in 2010 allowed doctors to be paid for describing treatment options (e.g., Kettl, 2010). Opponents called those “death panels,” an accusation that almost torpedoed the entire package. As a result, that measure was scrapped: Physicians cannot bill for time spent explaining palliative care, options for treatment, or dying.

WILLS AND PROXIES Advance directives often include a living will and/or a health care proxy. Hospitals and hospices strongly recommend both of these. Nonetheless, most people resist: A study of cancer patients in a leading hospital found that only 16 percent had living wills and only 48 percent had designated a proxy (Halpern et al., 2011).

living will

A document that indicates what medical intervention an individual prefers if he or she is not conscious when a decision is to be expressed. For example, some do not want mechanical breathing.

A living will indicates what sort of medical intervention a person wants or does not want in the event that they become unable to express their preferences. (If the person is conscious, hospital personnel ask about each specific procedure, often requiring written consent before surgery. Patients who are conscious and lucid can choose to override any instructions they wrote earlier in their living will.)

The reason a person might want to override their own earlier wishes is that living wills include phrases such as “incurable,” “reasonable chance of recovery,” and “extraordinary measures,” and it is difficult to know what those phrases mean until a specific issue arises. Even then, medical judgments vary. Doctors and family members disagree about what is “extraordinary” or “reasonable.”

health care proxy

A person chosen to make medical decisions if a patient is unable to do so, as when in a coma.

Some people designate a health care proxy—another person to make medical decisions for them if they become unable to do so. That seems logical, but unfortunately neither a living will nor a health care proxy guarantees that medical care will be exactly what a person would choose.

For one thing, proxies find it difficult to allow a loved one to die. A larger problem is that few people—experts included—understand the risks, benefits, and alternatives to every medical procedure. It is hard to decide for oneself, much less for a patient or family member, exactly when the risks outweigh the benefits.

Medical professionals advocate advance directives, but they also acknowledge the problems with them. As one couple wrote:

Working within the reality of mortality, coming to death is then an inevitable part of life, an event to be lived rather than a problem to be solved. Ideally, we would live the end of our life from the same values that have given meaning to the story of our life up to that time. But in a medical crisis, there is little time, language, or ritual to guide patients and their families in conceptualizing or expressing their values and goals.

[Farber & Farber, 2014, p. 109]

THE SCHIAVO CASE A famous example of the need for a health care proxy occurred with Theresa (Terri) Schiavo, who was 26 years old when her heart suddenly stopped. Emergency personnel restarted her heart, but she fell into a deep coma. Like almost everyone her age, Terri had no advance directives. A court designated Michael, her husband of six years, as her proxy.

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Is She Thinking? This photo of Terri Schiavo with her mother was released by those who believed Terri could recover. Other photos (not released) and other signs told the opposite story. Although autopsy showed that Terri’s brain had shrunk markedly, remember that hope is part of being human. That helps explain why some people were passionately opposed to removal of Terri’s stomach tube.

Michael attempted many measures to bring back his wife, but after 11 years he accepted her doctors’ repeated diagnosis: Terri was in a persistent vegetative state. He petitioned to have her feeding tube removed. The court agreed, noting the testimony of witnesses who said that Terri had told them that she never wanted to be on life support. Terri’s parents appealed the decision but lost. They pleaded with the public.

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The Florida legislature responded, passing a law that required that the tube be reinserted. After three more years of legal wrangling, the U.S. Supreme Court ruled that the lower courts were correct and the legislature overstepped its authority. At this point, every North American newspaper and TV station was following the case. Congress passed a law requiring that artificial feeding be continued, but that law, too, was overturned as unconstitutional.

The stomach tube was removed, and Terri died on March 31, 2005—although some maintained that she had really died 15 years earlier. An autopsy revealed that her brain had shrunk markedly; she had not been able to think for at least a decade.

Partly because of the conflicts among family members and between appointed judges and elected politicians, Terri’s case caught media attention, inspiring vigils and protests. Lost in that blitz are the thousands of other mothers and fathers, husbands and wives, sons and daughters, judges and legislators, doctors and nurses who struggle less publicly with similar issues. As of 2015, the underlying problems have not been solved.

Advance directives may provide caregivers some peace. But, as the Schiavo case makes clear, discussion with every family member is needed long before a crisis occurs (Rogne & McCune, 2014).

WHAT HAVE YOU LEARNED?

Question 16.13

1. What is a good death?

A good death is typically thought to take place after a long life, peacefully, quickly, in a familiar place, surrounded by loved ones, and without pain or discomfort.

Question 16.14

2. According to Kübler-Ross, what are the five stages of emotions associated with dying?

Kübler-Ross’s five stages of dying are: 1) denial; 2) anger; 3) bargaining; 4) depression; and 5) acceptance.

Question 16.15

3. Why doesn’t everyone agree with Kübler-Ross’s stages?

Some people do not agree with her stages because not everyone moves through all five stages in this order—or at all.

Question 16.16

4. What determines whether a dying person will receive hospice care?

Hospice patients must be terminally ill, with death anticipated within six months, and the patient and his or her family must be willing to accept death. In addition, where a person lives and even insurance (or ability to pay) are factors in determining if a person will receive hospice care.

Question 16.17

5. What are the guiding principles of hospice care, and why is each important?

Two guiding principles for hospice care are that the dying person’s autonomy and decisions be respected, and that the needs of the mourners be met. By providing the kind of environment and pain management a patient desires, and by supporting mourners during and after the loss of a loved one, hospice aims to make the dying process easier and less frightening.

Question 16.18

6. Why is the double effect legal everywhere, even though it speeds death?

Morphine and other opiates have a double effect: They relieve pain (a positive effect), but they also slow down respiration (a negative effect). A painkiller that reduces pain but also breathing is allowed by law, ethics, and medical practice.

Question 16.19

7. What differences of opinion are there with respect to the definition of death?

While the prevailing opinion for decades was that death occurred when brain waves stopped, many doctors now argue that a person may still have primitive brain waves even after death. Researchers seek to more clearly distinguish between people in a permanent vegetative state and those in a coma, from which they may recover.

Question 16.20

8. What is the difference between passive and active euthanasia?

In passive euthanasia, a person is allowed to die naturally, through the cessation of medical intervention. In active euthanasia, someone takes action to bring about another person’s death, with the intention of ending that person’s suffering.

Question 16.21

9. What are the four conditions of physician-assisted “death with dignity” in Oregon?

1) The dying person must be an adult and an Oregon resident (which is important since physician-assisted death with dignity is illegal in other states); 2) the person must make the request twice orally and once in writing (which is important to help ensure that the person did not make the request simply as the result of a particularly bad day); 3) fifteen days must pass between the first request and the prescription (which is also important in making sure the person has had time to consider the decision); and 4) two physicians must confirm that the person is terminally ill, has less than six months to live, and is competent (which is important because the law is meant to help only those who are dying and can make the decision with a sound mind).

Question 16.22

10. Why would a person who has a living will also need a health care proxy?

Living wills stipulate the medical interventions that people would like to have (or not have) if they are ever unconscious and unable to articulate these preferences for themselves. However, no document can completely cover every circumstance and situation. A health care proxy is a person designated to make medical decisions for another person; in the event that a situation that is not clearly identified in a living will emerges, the person’s health care proxy would be called upon to make decisions for the person.