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Death Panels, Dignity, and You

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"I suppose I should get a living will," a physician with metastatic cancer told me a few years ago. "But I haven't." Sadly, he died a few weeks later, never having signed one.

"If I keep working as hard as I can," another doctor with a serious disease recently told me, "I won't get sick myself. I won't die."

I spoke with these physicians and many others when writing a book, When Doctors Become Patients. When confronting the possibility of death themselves, they often feared and denied it -- as did their patients. We doctors often hide behind our white coats, but we fear death just as much as our patients. To expose our vulnerabilities is not easy. The topic of dying makes us all uncomfortable. We resist these topics in large part because of deep existential fears. The unknown void of death terrifies us. Hence, we eschew the subject, refusing to discuss it.

But improving discussions between doctors and patients about death and dying can help us in many ways.

As Ernest Becker and Jessica Mitford forcefully illustrated in their books Denial of Death (1976) and The American Way of Death (1963), respectively, we as a nation don't deal well with death. We have preferred to see ourselves as a youthful, "can-do" country. Slowly, palliative care has spread in the US, but we still lag far behind Great Britain and several other countries in its acceptable use.

Here, 71 percent of Americans don't have living wills, and 61 percent don't have a health care proxy, a named person who can make medical decisions on another's behalf if the latter is incapacitated. As a result, countless patients remain wholly unresponsive on ventilators, with neither dignity nor hope.

In addition to the human degradation involved, there are, unfortunately, financial costs as well. In the US, an individual is estimated to incur over half of his or her lifetime medical expenses in the last two months of life, and 40 percent in the last month alone.

Hence, last year, President Obama, as part of his health care reform, proposed initiatives to try to improve discussions between physicians and patients concerning end-of-life care and advanced directives (i.e., documents expressing our wishes as to whether "extraordinary measures" should be taken at the end of our lives, in case we are unable to state our preferences at that time). Sarah Palin and other conservatives twisted this possibility and accused Obama of establishing "death panels." Given this opposition, Obama dropped his suggestions from his health care proposals.

That is unfortunate. His health care reform bill has now become law without it.

But, I would argue, we now need to revisit the issue of enhancing discussions of end-of-life care. Addressing these issues more fully can help us in many ways. But these are not easy issues. We will need to acknowledge these fears and face them rather than bury and deny them.

Luckily, wisdom from the past can aid us. For millennia, from Buddha to Job and Jesus, to Kierkegaard and Dostoevsky, thinkers and writers have wrestled with how to accept our mortality. Death and dying are intrinsic parts of life. To acknowledge that fact can potentially aid us spiritually in living our lives.

"Live each day as if it may be your last," Seneca, the Roman philosopher, urged. "After all, it may be." We could die tomorrow crossing the street or driving a car. That awareness could impel us to live each day as fully as we can. Thus, he argued, stoicism and epicurianism (living each day to the fullest) were in fact almost indistinguishable.

Unfortunately, today, our avoidance of these topics has taken on new costs. The status quo clearly incurs great, unnecessary suffering and inhuman treatment of terminally ill patients -- keeping them alive but utterly unresponsive, on machines. Financial questions also arise. Given that we as a society have limited health care resources, how do we want to spend them? Do we want to use most of our health care budget on only the last two months of our lives? I would argue that we at least need to discuss these options rather than simply avoid or prematurely shut down the debate.

Obama cast this debate as a financial one. In trying to expand health care coverage while keeping costs as low as possible, questions arise regarding whether money can be saved by better approaching and discussing end of life care. But the advantages of these conversations are far more than economic, involving deep existential concerns, as well.

Still, what are the economic facts?

A few studies have explored the economic effects of advanced directives. On the one hand, the "Study to Understand Prognoses and Preferences for Outcomes and Risks of Treatment" (SUPPORT) suggested in 1995 that having a nurse document end-of-life care preferences in the charts of very sick patients did not reduce hospital costs. Some scholars therefore concluded that no costs would be saved. But on the other hand, the "Asset and Health Dynamics Among the Oldest Old" (AHEAD) study, by Howard Degenholtz and his colleagues at the University of Pittsburgh, suggested that having a living will was associated with dying at home rather than in the hospital, thus greatly reducing health expenses. A 2000 Ontario study in nursing homes similarly found that advanced directives reduced hospitalizations and costs.

To diminish the priceless sanctity of life is anathema. Yet costs frequently burgeon not because patients want to be kept alive on artificial life support, but rather because no one spoke with them and/or their families beforehand to find out and clarify their wishes -- whether through a living will or other discussions.

Families don't want to face these issues, either. Hence, conspiracies of silence ensue in which no one -- neither the patient, nor his or her family, nor the physician -- wants to pursue the topic. Hence, they avoid it or talk about it cursorily.

Unfortunately, these conversations need to be detailed. A patient may sign a living will in the office of his or her doctor or lawyer, without any family discussion. Yet the conversation -- the expression of values, desires, fears, and concerns -- is arguably more important than the particular boxes checked off on a generic form.

Once a physician raises the topic, though, patients and family members are usually not surprised. They have watched ER, Scrubs, and other TV shows and have usually thought about these issues to themselves.

Doctors, medical educators, patients, loved ones, and others need to change the culture of medicine, to confront these issues, to accept that in the end we all die. We need to discuss these issues more -- particularly with patients who are elderly or have serious illnesses -- earlier rather than later. Medical schools are beginning to address these issues, but especially in the current economic crisis, such efforts are under-funded, inconsistent, and often given little heed.

Ultimately, policy makers need to reconsider ways of facilitating these discussions through public, patient, and provider education campaigns. More education can help current and future doctors and patients in grappling with these issues. We also need to work to shift our culture more broadly. Many people see death as failure rather than as an intrinsic part of life.

Our nation now faces not only profound economic and political crises but spiritual, existential, and moral ones, too. As we march ever further into the 21st century and medical technology burgeons ever more, we can benefit from pondering these wider questions. And as American world hegemony appears to ebb, we confront a unique opportunity to examine ourselves. Might our worship of success and our horror of failure and death diminish, as well? These questions invoke larger topics that deserve far more exploration and discourse, beyond the limited space of this post.

But we can begin this dialogue today.

"I now talk to my patients more about death and dying," another physician, with cancer, told me recently. But it took her own illness for her to change. Hopefully, as doctors and patients, we can work to discuss these issues better, before having to confront fatal disease ourselves.

---

Robert Klitzman, MD, is a Professor of Clinical Psychiatry, and the Director of the Masters in Bioethics Program at Columbia University.

 
 
 
 
 
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HUFFPOST SUPER USER
bessielil
trying to organize hummingbirds
11:54 AM on 04/28/2010
This past weekend I tore through an excellent book on the subject: No Good Deed: A Story of Medicine, Murder Accusations and the Debate..." by Lewis Mitchell Cohen. The thread throughout was the philosophy of palliative care against extraordinary measures. It's too easy to sensationalize the subject, just as when we witnessed the phrase "Death Panels" being coined. We pretend triage doesn't exist, as much as we pretend life is precious even if tubes and machinery are doing the living FOR someone in a coma or vegetative state. Some kind of advanced directive should be in every patient's medical file, if only to avoid the individual burden of paying a lawyer to create some air tight document. The latter is creating business, not good policy. Consider that even revival attempts through compression on a weakened, elderly patient is likely to cause pain and cracked ribs if the patient survives. I'd rather look to a poet when the time comes (knowing my DNR is in order)
...This is the hour of lead
Remembered if outlived,
As freezing persons recollect the snow--
First chill, then stupor, then the letting go. --Emily Dickinson
12:23 PM on 04/27/2010
Neither our doctors nor our nurses are required to take classes on pain and symptom management or end of life care as part of their education. This means that when we reach the end of life, the people who care for us do not recognize it. This lack of understanding of one of life's most natural processes results in continued treatment even when futile, painful or unnecessary, instead of comfort and support.

We can only achieve a "good death" if we believe one is possible, accept death as part of life, prepare for it long before we die and trust that our medical professionals will support us through our death.
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KristinNoelle
07:54 AM on 05/04/2010
That may be true for end of life care, but every doctor and nurse I know (which is a lot) was required to complete course work on pain management.
11:48 AM on 04/27/2010
We tried to sue and was shut down.The Dr. has since left the state .As for Holland ,Google Holland and EuthANASIA.For you pro-euthanasia people,don't you see how if this is done with no oversight,people could die that did not want too.
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HUFFPOST SUPER USER
Slysir
Define empty
09:21 AM on 04/27/2010
We do have a great need for commonsense rules concerning end of life issues. Is it going to happen any time soon? Not a chance. In case you haven't noticed, America doesn't do commonsense. We are a nation of sniveling, litigious cowards who believe that immortality should be another one of our god-given government entitlements. Being that the universe tends to ignore our self-declared divinity, it appears we must fall back on denial. And as most conservative thinkers do when confronted with an incontrovertible fact, we shall place our heads firmly up our posterior until that unpleasant fact goes away, or we die on a ventilator.
08:12 AM on 04/27/2010
I think the issue that conservatives have with the national health care bill is the idea that the government would decide. In other words, if I have the money and the insurance to pay lots of cash in the last couple years of my life, that should be my option. Does anyone think it seems dangerous to put that decision in the hands of bureaucrat somewhere?

http://religionannarbor.wordpress.com/ .
02:10 PM on 04/27/2010
Now that decision is in the hand of bureaucrats. These bureaucrats are now working for doctors, hospitals and insurance companies. They have already decided that I will die with no care at all until I am within hours of my death and then I can come to an ER. If you have the insurance and cash to pay for overpriced for profit medical care in your last couple of years, I am sure that would be you choice to get it. No one wants to deny you that choice. We just would like to have medical care too.
04:20 PM on 04/27/2010
But that wasn't what they proposed. They just stated that Medicare could (not had to) pay for a patient and doctor to have the discussion once every five years if the patient wanted it.
thebigbike
ran away to be a cowboy
02:20 AM on 04/27/2010
Having been through this process with both of my parents and both of my husband's parents, my husband and I HAVE had the ong discussion about what each of us wants, and what the other can accept as well. To folow that up, he and I have everything we can think of -- in consultation with our family practice lawyer -- to have durable powers of attorney for business AND health care completed and signed witnessed and notarized, , as well as detailed advance directives written and filed where easily available. Sarah Palin's "death panel" won't keep my corpse breathing against my wishes or my estate will be suing ( my executor is well aware of that ) I just thought that was a nice touch !
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ThankGodhesgone
Always Progressive and loving the CONs meltdown.
01:26 AM on 04/27/2010
If and when I face an incurable disease that will cause me excrutiating pain and no chance of recovery and inveitible death, I have asked my wife to make sure that I get a shot or pill that will end my suffering as quickly and painlessly as possible.

I don't see this as prolonging life, it is prolonging death.
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01:52 AM on 04/27/2010
Exactly.
08:14 AM on 04/27/2010
Most people change their minds. There is something about being weak and helpless that enhances our experience of the world, our friends and family and of God himself. Death is always inevitable.

http://religionannarbor.wordpress.com/
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ThankGodhesgone
Always Progressive and loving the CONs meltdown.
07:27 PM on 04/27/2010
No thanks. I watched my father in law die of cancer of a period of a week. It wasn't pretty. He was ready to go. It seems it is mostly the surviving family that doesn't want to let go.
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KristinNoelle
08:01 AM on 05/04/2010
If god wanted people to exist for prolonged periods of time in a vegetative state, HE would have given man ventillators and feeding tubes instead of trees and oceans. Maybe deciding to have so many medical interventions is going against what god intended?
11:39 PM on 04/26/2010
I am against euthanasia,there is too much room for harm.From what I have in Holland they want to make it legal to euthanize children who are merely disabled,such as Downs.That's wrong/
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ThankGodhesgone
Always Progressive and loving the CONs meltdown.
01:22 AM on 04/27/2010
Proof of that, please.
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01:39 AM on 04/27/2010
No one is suggesting euthanasia for a third party, but a choice that YOU would make about what measures YOU want taken when you are at the end of YOUR life.

My wonderful father made it easier on his daughters and brothers by having a living will and assigning one of his brothers to see that his wishes were followed. He chose well. My uncle talked to the doctors who then talked to all of us to see if we agreed. We did. And my dad's way to a non-lingering death was eased.

Had he not had the paperwork done, his death could have been more difficult and more painful--for him and for us.

My husband and I, and our children and their spouses all have the paperwork done, copied, and in the hands of our local hospitals and copies for each other.

No loved ones should have to make these hard decisions at emotional moments for us. We need to be grown up enough to talk about death, tell our loved ones what we want, and fill out the very simple forms. It is the last kind thing you can do for your family.
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11:18 PM on 04/26/2010
I've had my advance directive prepared since my early 30s. Like a will, the earlier you get it done, the less of an emotional weight it is. I hope euthanasia is more widely accepted when my time comes. I'm not afraid of death, but I don't relish the prospect of taking a long time to do it. :/
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01:39 AM on 04/27/2010
I agree.
09:09 PM on 04/26/2010
Montana,my mom had a directive all it said was if she died not to revive her.She died from a minor illness because her Md used it to not treat her.
12:55 AM on 04/27/2010
And you are suing?
08:32 PM on 04/26/2010
Thank you Dr. Klitzman for a very important and much needed post. I believe that it is a moral imparitive that everyone, as much as it is in our power to accomplish it, should have the right to a dignified ending to their lives. I see no ethical reason why anyone who is in pain, unable to care for themselves, and in many cases unable to eat or even breath on their own, should be kept alive by artificial means. Sister Death, as St. Francis said, will one day or another come for all of us. How much better it is if we can just lay ourselves gently into her arms and be carried away.

This is the way life is:
A childs' first cry,
A mothers' tears,
A fathers' pride,
And smiles all round the room;
While the priest intones,
"May he always hold you
In the hollow of his hand.

This is the way life is:
The tubes removed,
The machines...rolled away,
Grief, like a dark heavy stone,
And tears all round the room;
While the priest intones;
"May he allways hold you
In the hollow of his hand."

This is the way life is:
Wild roses blooming,
Among the ruins.
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vonric
06:22 PM on 04/26/2010
I remember, decades ago, my mother was dying of the ancillary effects of Alzheimer's. Basically, she was "forgetting' to breathe. As guardian, I had my attorney prepare an advanced directive that prohibited artificial means of life support. The nursing home she was in called me one day to tell me that my mother had sustained a respiratory failure, but they had placed her on a ventilator, and she had revived, and was doing wonderfully well..... I asked if they had read the advanced directive.. and as it turns out, they had not. I told them that if they revived her again, I would sue for malpractice. My mother died, quietly, totally cognatively unaware, two weeks later. They did NOT revive her this time.

She was a physician and a retired Federal Civil servant; her pension more than covered her cost of care at an excellent nursing facility.

Everyone needs to think about how they wish their process of transition to occur, it is a substantive discussion, and one that I dealt with in my early 30's. The document exists to provide those who will tend to my needs if I cannot a clearcut guideline... without equivocation. And with that said, it is quality of life I prefer, not raw quantity.

Ironically, my late mother was a physician who felt that death was a failure, not a logical outcome of life and living.
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floodberg
Attorney (ret.)
07:12 PM on 04/26/2010
I'm a lawyer, and had the stronger version, a Power of Attorney covering health decisions and end of life, which a major hospital disregarded several times while I stayed there 24/7 in the same room as my spouse for 21 days at the end of life.

It was so bad that I had the lead doctor put a sheet on the outside, warning SPOUSE IS HERE; LAWYER; DO NOT CHANGE ANYTHING WITHOUT VERIFYING FIRST.

It still didn't work, which is why I rarely left the room. Thank heavens for relatives, kind nurses, and take out.
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01:43 AM on 04/27/2010
I'm so sorry that happened! We were blessed with kind doctors and my amazing uncle who saw to it that my Dad's wishes were followed to the letter, saving him much pain and us the heartache that you had to go through.
04:34 PM on 04/26/2010
I have cerebral palsy and need Social Security to support myself.This coming from a MD MAkes me nervous.
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MontanaSouth
Montanan in Tucson
08:33 PM on 04/26/2010
Then it is very important that you have an advance directive. In it you can specify that you wish all measures to be taken to keep you alive if that is what you want. It is all about what you want, not what others want for you, including doctors or the government.
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floodberg
Attorney (ret.)
12:41 PM on 04/27/2010
There's a legal alternative if you choose; it's called a durable power of attorney which can be tailored to health concerns, but it is a VERY powerful document to use, and you should be extremely careful if you execute one. There's information online that will acquaint you with it, but I would recommend that you see a very trusted, very reliable attorney and discuss it in detail.
03:47 PM on 04/26/2010
Thank you, Dr. Klitzman, for shining a light on this topic. Those who are facing death are about to embark on the unknown. Why should custom dictate that we sweep feelings and discussion under the rug at the very time we are most in need of reassurance? I applaud more openness about the final stage of our lives and am convinced it would lessen fears and allow us to view death as prepared as we can possibly manage to be.

Of course we have no control over the larger aspects of this final transition, or ending, depending on your belief,and that alone makes for anxiety. But we can make our wishes known, perhaps get some metaphysical assurance or acceptance that we have lived our life as well as could be expected. With help and candor, we can control those aspects that are within our grasp.
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kadene
wordsmith
03:23 PM on 04/26/2010
Dr. Kevorkian was ahead of his time. But his stance opened up the dialogue.