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Barbara Coombs Lee

Barbara Coombs Lee

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Everyday Elder Abuse

Posted: 06/14/10 01:06 PM ET

Tomorrow is World Elder Abuse Prevention Day. It's a day to appreciate that elders in our society endure abusive behavior every day and to consider how we might remedy this deplorable situation.

We hear of instances in which families, caregivers or others physically assault or verbally abuse elders in their care. Whether these instances arise from criminal pathology, frustration or plain meanness, we should all be on the lookout for such abusers, report them to authorities and encourage punishment.

Compassion & Choices focuses on other forms of abuse -- the ones most commonly and even routinely -- inflicted on elders. These forms are rarely recognized as abuse and are never punished. I'm talking about the pain, torture and invasion of bodily integrity from "heroic" and futile medical procedures associated with end-of-life care.

Most elders in this nation die in acute medical facilities. Even those whose deaths are anticipated following a long battle with cancer, heart failure or lung dysfunction do not die in the peace of their homes. Even they, the long-time dying, must endure the cold mechanical interventions of intensive care. Often in violation of express wishes stated in an Advance Directive for Healthcare, our elders must bear insertion of tubes to measure arcane pressures, tubes to breathe, to siphon throats, to empty urine, to drain fluids, to administer food and fluids. They must submit to the constant clicking, humming, droning and ringing of the machines and alarms at their bedside.

Add to this scene severe and unnecessary suffering from inadequate treatment of pain. Add to this a rampant failure to acknowledge and palliate agonizing symptoms like breathlessness, itching, hiccoughs, nausea, dizziness, bedsores and draining wounds of surgery .

What emerges is a picture of widespread, systematic, Medicare-supported torture of our elderly, dying citizens. Shame, shame on us for using taxpayer's money in this indefensible manner.

When an 85-year old man like William Bergman, dying of mesothelioma, moans in pain with every breath, as his daughter pleads with doctors to prescribe more effective pain medication, that is elder abuse. Compassion & Choices won a court judgment to that effect, the first of its kind, in 2001.

When an 82-year old woman like Margaret Furlong receives full cardio-pulmonary resuscitation in violation of her Advance Directive, and endures ten days of intensive care despite squeezing her son's hand to communicate her desire to have her hands untied and machines discontinued, that is elder abuse. Yet when Compassion & Choices helped bring this case as elder abuse and failure to honor an advance directive, it was thrown out of court.

When medical providers encourage irrational hope in endless rounds of chemotherapy for advanced, end-stage cancer, that research indicates are unlikely to extend life but sure to degrade its quality, that's elder abuse.

When institutions withhold vital information about medical practices like terminal sedation or aid in dying, which they deem immoral, and hold patients hostage to their own beliefs in the redemptive power of suffering, that is elder abuse, and abrogation of informed consent principles. Catholic facilities that enforce gag rules and bar conversations about legal aid in dying, even when a patient inquires, are doing just that in Oregon and Washington.

Compassion & Choices is not alone in naming such examples "abuse" and "torture" and citing them as human rights violations. International conventions, treaties and courts demonstrate an understanding of the veracity and gravity of such charges. Numerous internationally recognized principles address patient care and the right to bodily integrity.

The European Charter of Patients' Rights for example sets out, "Each individual has the right to avoid as much suffering and pain as possible, in each phase of his or her illness. The health services must commit themselves to taking all measures useful to this end, like providing palliative care treatment and simplifying patients' access to them." Policies restricting opioid availability and causing patients to suffer unnecessary pain abridge the human right to be free of torture.

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, has stated, "[E]very competent patient...should be given the opportunity to refuse treatment or any other medical intervention. Any derogation from this fundamental principle should be based upon law and only relate to clearly and strictly defined exceptional circumstances."

This year, let's acknowledge our national habit of over-treatment at the end of life for what it is: elder abuse, torture and a violation of human rights. Let's stop withholding information, ignoring wishes and inflicting elders with futile, painful treatment and unnecessary pain and suffering. And certainly, let's stop using Medicare taxes to pay for this national scandal.

 

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HUFFPOST SUPER USER
dzymzlzy
02:16 PM on 06/14/2010
Thank you for your story and your work fighting for the right to dignity for our elders. You story really hit me close to home. My grandmother actually died of mesothelioma. Although it usually goes unnoticed for decades, once my grandmother's illness became apparent it progressed so swiftly that even her doctor said that he was surprised by it. While she was in the hospital a family member stayed with her 24 hours a day. We rotated shifts making sure her nurses gave her the correct medications and that she was in as little pain as possible, etc... (and unfortunately we had to stay on top of them. They are so overworked. I know they are not totally to blame.). But unfortunately, many seniors and other people in hospitals don't have the family and friends who are able to do what we did. And often, even though they may have the family and friends who are willing to do it, those people just don't have the ability to do so.

I will forever be grateful to the Hospice workers who helped us through such a scary and painful time once we were able to take her home. They were there for us as much as they were there for my grandmother. The information they were able to give us was invaluable.
jhNY
Mercy.
01:52 PM on 06/14/2010
It is my personal experience that the elderly in end-stage cancer can be prevailed upon to take expensive and painful treatment just so as to show those who will survive them that they did everything they could to stay alive. And again, personal experience only, that the survivors, especially a soon-to-be surviving spouse, will want their loved one to endure whatever they can to live as long as possible--- the change in life circumstances for the survivor being so sweeping and devastating that they try in every way they can to put off the inevitable.

And finally, I know of one man who let everyone around him know, after his cancer had advanced to terminal status, that he did not want to be put on a respirator nor want any measures taken to extend his life--- until the day he could no longer breathe without aid, and was asked in my presence, if he wanted to be left under a nurse's care to die-- a process that the nurse who asked estimated might take an hour at most. The man chose the repirator, and lived, such as one can while dying of cancer in a hospice on a respirator, for another six months. Which told me--- life, any kind of life, is sweet, when death is the alternative.

I have no doubt that what the author writes about is a kind of abuse-- but it's a complex topic.
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HUFFPOST SUPER USER
dzymzlzy
02:23 PM on 06/14/2010
It is very hard. Both of my grandparents died of cancer and they both had medical directives stating that they wanted no heroic measures. But there are so many things that come up in the course of treatment that it's hard to know when to encourage them to do it, and when to keep your mouth shut and let them decide on their own. There came a point in grandfather's treatment that a) he wasn't hungry yet malnourished and b) even if he had wanted to he couldn't eat on his own. The doctors told us he could have months to live and wanted to insert a feeding tube. Even now, years later, recalling the sounds of the nurses inserting the tube makes me cry. Looking back on it I wonder if we did the right thing convincing him to let them do it.
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01:43 PM on 06/14/2010
The kind of medical abuse you detail occurs in regard to everyone, not just elders. You're right about it, of course - and yet I fail to see your point. It's wrong, sure. But what are you proposing we do about it? Find a way to make people be compassionate and fair? Good luck with that. A lot of the abuse of people who cannot stand up for themselves - infants, children, mentally handicapped, and elders among other groups - results from the negligence of those whose job it is to stand up for these people. Friends and family members need to stand up and say "no, that's not okay and I'm taking granny somewhere else."

We as a nation do not care about the quality of health care, focusing instead on its quantity. Hordes of people complain about the lack of health care and lobby for it, but when and if they get it they will find it's not what they thought they needed. Doctors, hospitals and insurance companies are in the business of patching people up and moving them out as quickly as possible. It's all about economics. It always has been and it always will be. People who cannot be served and turfed are not welcome in the medical system.