Ethical Issues in the Elderly: Improving Care at the End of Life

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Faculty Financial Disclosure Ethical Issues in the Elderly: Improving Care at the End of Life Neil S. Wenger, MD, MPH, has no financial relationships to disclose. Neil S. Wenger, MD, MPH UCLA Health System Ethics Center Pri-Med March 28, 2014 Learning Objectives Understand how compression of morbidity and availability of technically advanced treatment come together to require advance care planning to provide high quality care to complex patients Become familiar with advance care planning models and structures that improve care toward the end of life Become facile with tools to enhance planning for appropriate care toward the end of life including POLST. Recognize situations in which inappropriate treatment and decision making disagreements are common in order to reduce the likelihood of conflict. It s Not All Miracles: Health States People May Not Want Permanent vegetative state (PVS) Minimally conscious state Incapable of recognizing others Incapable of breathing on own Incapable of caring for self Case 1: Bridge to transplant A 55-year-old man had a massive heart attack. He was stabilized but developed renal and respiratory failure. Airlifted to a quaternary care medical center for possible heart transplant. Despite the low chance of success, a ventricular assist device is implanted as a bridge to heart transplant. However, he develops infection and complications so he is no longer and will never be a transplant candidate. His family refuses to stop the ventricular assist device. The Goals of the Healthcare System Restoration of health, saving of life Restoration or preservation of function Relief of symptoms, provision of comfort Steward scarce healthcare resources? 1

Case #2: Aspiration Pneumonia Willingness to Live Permanently Fed Through a Tube A 75-year-old woman with advanced dementia is admitted to the hospital from home with an aspiration pneumonia. Due to worsening function, the patient can no longer be cared for at home. The family and clinicians decide to place a gastronomy tube prior to nursing home transfer. 60% 50% 40% 30% 20% 10% 3% 14% 8% 24% 52% 0% Very Willing Somewhat Willing Somewhat Unwilling Very Unwilling Rather Die -SUPPORT study data (N=3828) Quality of Care at the End of life Inadequate emotional support 50% Not enough information 30% Inadequate physician communication 24% Inadequate attention to pain 24% Inadequate attention to dyspnea 22% Utilization, Transitions and Hospice before Death 2000 2005 2009 Hospice at time of death (%) 21.6 32.3 42.2 Hospice < 3 days (%) 4.6 7.6 9.8 Hospitalization in last 90 days (%) 62.9 62.8 69.3 ICU in last 30 days (%) 24.3 26.3 29.2 Transitions in last 90 days (median) 2.1 2.8 3.1 Transition in last 3 days of life (%) 10.3 12.4 14.2 Teno, J.M., Clarridge, B.R., Casey, V., Welch, L.C., Wetle, T., et al. (2004) Family perspectives on end-of-life care at the last place of care. JAMA, 291, 88-93. -Teno, J.M., Gozalo, P.L., Bynum, J.P., Leland, N.E., Miller, S.C., Morden, N.E., et al. (2013) Change in end-of-life care for Medicare beneficiaries: site of death, place of care, and health care transitions in 2000, 2005, and 2009. JAMA, 309, 470-7. Case 3: Heart failure A 71-year-old man with ischemic cardiac disease gradually developed severe systolic heart failure (ejection fraction<20%) over the past 4 years. No coronary artery lesions amenable to bypass or stent, cardiologist has maximized medical therapy and his renal function is now worsening. Asked to complete a Five Wishes, but he never returned it. Presents to an emergency room with pneumonia and pulmonary edema. A week later he is intubated in the intensive care unit in multiple organ system failure. Obstacles to Advance Care Planning Not enough time Other pressing issues Uncomfortable conversation For patient/family For clinician Someone else s responsibility Not the right time This can happen later when the issue arises 2

Importance of Understanding Patient CPR Preferences on Clinical Outcomes Factors Associated with Deteriorated Function post-cpr Among Patients who Prefer Not to be Resuscitated Physician reports that patient prefers DNR Physician reports that patient prefers CPR N DNR order N (%) Time to DNR order (median) Resuscitated 827 653 (79%)* 3 days* 8 (1%)* 990 376 (38%)* 33 days* 42 (4%)* * p<0.001; DNR=do not resuscitate; CPR=cardiopulmonary resuscitation Wenger, N.S., Phillips, R.S., Teno, J.M., Oye, R.K., Dawson, N.V., Liu, H., et al. (2000) Physician understanding of patient resuscitation preferences: insights and clinical implications. JAGS, 48 (5 Suppl), S44-S51. FitzGerald, J.D., Wenger, N.S., Califf, R.M., Phillips, R.S., Desbiens, N.A., Liu, H., et al. (1997) Functional status among survivors of in-hospital cardiopulmonary resuscitation. Arch Intern Med, 157, 72-6. Quality of Care focused on Goals of Care Care at the End of Life: Patients Considered for Organ Transplant Implantable Cardioverter Defibrilator turned off prior to death Patient participation in life-sustaining treatment decisions Goals of care for patient on ventilator Goals of care for patient in ICU 0% 20% 40% 60% 80% 100% Walling, A.M., Asch, S.M., Lorenz, K.A., Roth, C.P., Barry,T., Kahn, K.L., et al. The quality of care provided to hospitalized patients at the end of life. (2010) Arch Intern Med, 170, 1057-63. Considered for Transplant (N=107) Not Considered for Transplant (N=317) Advance directive (%) 21 18 DNR during admission (%) 87 92 Days from DNR to death (mean) 3.2 5.3 Ventilator withdrawn expecting death (%) 33 39 Goals of care discussion 48 hours of admission (%) 20* 39* Comfort care orders (%) 32* 64* *p<0.001 Walling, A.M., Aschn S.M., Lorenz, K.A., Wenger, N.S. Impact of consideration of transplantation on end-of-life care for patients during a terminal hospitalization. (2013) Transplantation, 95, 641-6. Advance Care Planning: Theory Advance Care Planning: Practice Patients have the right to direct care within the goals of Medicine Physicians have a beneficent duty to tailor care to a patient s clinical circumstances and preferences and steward resources This may require: specification of a surrogate prospective discussion of care goals documentation to inform care The right conversation at the right time Surrogate specification Completion of an advance directive Completion of additional materials Five Wishes Physician Orders for Life-Sustaining Treatment (POLST) Most important is to have initiated the Advance Care Planning conversation 3

4 Case 4: The Landlord Advance Care Planning: Practice - 2 An 82-year-old generally healthy man with hypertension and osteoarthritis presents to establish care with a new primary care provider. During the history, the physician finds out that the patient has no living family and no real friends. Doc: So, who would make medical decisions for you if you can t make them yourself? Patient: Oh, my landlord. He knows exactly what I would want. Surrogate decision maker should be identified for all older patients Patients should be targeted for advance care planning: No family or family members lack decision making capacity Likely disagreements among potential surrogates Surrogate likely to make different decisions than patient Advance Care Planning: Practice - 3 In-depth consideration of goals and values needed in particular clinical situations: Advanced disease High-risk procedures Adverse health states Discussing Potential Adverse Outcomes before Cardiac Surgery ACP Intervention Control Knowledge 8.4 7.8 Congruence 2.8* 1.4* Decisional conflict 2.0* 2.3* Anxiety -0.2 +1.3 *p<0.05 -Song, M.K., Kirchhoff, K.T., Douglas, J., Ward, S., Hammes, B. (2005) A randomized, controlled trial to improve advance care planning among patients undergoing cardiac surgery. Med Care, 43, 1049-53. Case 5 A 78-year-old man has advanced heart failure and several comorbidities. During hospitalization you discuss prognosis with the patient and his son; together you decide that he does not want to be re-hospitalized, if possible, and certainly does not want CPR or ICU care. He will go to a skilled nursing facility for rehab before returning home. Respecting Choices Community-wide program in La Crosse, WI 15% of population had completed an advance directive at baseline ACP became standard of care across the community advance directive educators placed at all health care facilities standard policies and practices for documenting, maintaining, and using advance directives community-wide education Two years after program implementation: 85% of eligible patients had completed an advance directive 98% of all deaths: treatment matched patient s wishes -Hammes, B.J., Rooney, B.L., Gundrum, J.D. A comparative, retrospective, observational study of the prevalence, availability, and specificity of advance care plans in a county that implemented an advance care planning microsystem. (2010) J Am Geriatr Soc, 58, 249-55.

5 What Guides Care at the End of Life? Case 6 Patient s Clinical Condition - Prognosis - Quality of Life Treatment Options Patient s Values COMMUNICATION End-of-Life Care Plan 76-year-old female with metastatic breast cancer suffers a cardiopulmonary arrest and sustains severe anoxic brain damage. After 3 weeks, several neurologists declare the patient permanently comatose Patient lives with unmarried son. She has an advance directive: Appoints son as agent I do not want my life to be prolonged if I become unconscious and, to a realistic degree of medical certainty, I will not regain consciousness Case 6 (cont.) Powerful Motivation to Rescue Son spends 24 hours each day at patient s side He is convinced that his mother interacts with him, therefore: Patient is not comatose Advance directive preference should not apply As patient clinically deteriorates, son demands all lifesustaining treatments: antibiotics, pressors, hemodialysis, blood. For an intra-abdominal catastrophe, son demands emergent surgery. What to do? Our moral response to the imminence of death demands that we rescue the doomed. We throw a rope to the drowning, rush into burning buildings to snatch the entrapped, dispatch teams to search for the snowbound. This rescue morality spills into medical care where our ropes are artificial hearts.. Should the Rule of Rescue set a limit to rational calculation of the efficacy of technology? Jonsen, A.R. Bentham in a box: technology assessment and health care allocation. (1986) Law Med Health Care, 14,172-4. Cascade of aggressive care in the setting of rescue Prognosis not discussed / decline not anticipated Patient deteriorates / next steps not discussed Clinical deterioration merits intensive care Organ failure merits more machines Ineffective care promotes undignified suffering Healthcare morale, Opportunity costs, Costs Medical Professionalism in the New Millennium: A Physician Charter Principle of primacy of patient welfare..a dedication to serving the interest of the patient Market forces, societal pressures, and administrative exigencies must not compromise this principle. Principle of social justice. The medical profession must promote justice in the health care system, including the fair distribution of health care resources... Professional responsibility. Commitment to a just distribution of finite resources. While meeting the needs of individual patients, physicians are required to provide health care that is based on the wise and cost-effective management of limited clinical resources. - ABIM Foundation. Medical professionalism in the new millennium: a physician charter. (2002) Ann Intern Med, 136, 243-6.

6 Rethinking Case #1 For the 55-year-old man no longer a heart transplant candidate kept alive on the ventricular assist device: Consider the indication for ventricular assist device May have a professional responsibility to stop the device based on the Goals of Medicine Plan for stopping the ventricular assist device should be part of the informed consent for implantation