One
is confronted with many medical, ethical and financial challenges when
acting as leader of a team of pediatric residents and nurses in a rural
area of a developing South American country. The medications brought to
this country are purchased through the generous donations of
benefactors, while additional solicited money helps to finance
laboratory testing, diagnostic imaging and surgeries for children. On
this particular trip we had already encountered nineteen children in
need of hernia repairs, two children with club-feet, one child
requiring hospitalization for seizure control during the initiation of
treatment for neurocystericosis, and four children with congenital
cardiac malformations. Eight of the hernia surgeries had already been
completed and paid for during the first week of the mission.
Midway
through the experience, I was asked by a Health Coordinator in a rural
area to supply some morphine for Mr. F., a 60-year-old man dying of
kidney cancer. The cancer had metastasized
throughout his body and there was nothing more that could be done for
him in the hospital so he was discharged and sent home to die. Mr. F’s
family was desperately poor, living in the campo in a wooden house made
from sticks that have been woven together, with no electricity or
running water. The family had already sold
its six goats in order to pay for his hospitalization and medications.
With no other resources the family was desperate, yet Mr. F’s pain
continued. He was lying on a mat in his house writhing in pain,
occasionally crying, screaming, and unconscious. He had not had
morphine for 5 days nor would his family ever be able to afford any
more pain medication.
I
began running out of money for the children’s’ surgeries. We had
prioritized the hernia surgeries and only those with obvious bulging
hernias were repaired; older boys who wore diapers to hold up their
bulging scrotums and girls who wore belts low around their hips to
prevent the hernias from “popping out” when they did their chores. Two
boys with unrepaired club foot, barely able to walk, were scheduled for
surgery in a few days.
I
gave the family of Mr. F. 100 soles, about $30 US. It might buy him a
week’s worth of morphine unless his pain was very intense, then it
would only give him a few days worth of relief. I looked into our
medication supplies and gave approximately 25 tablets of
dyphenylhydramine (Benadryl), for its sedative effect. I had nothing
else. I had run out of money and would need to borrow money for the
children’s surgeries.
As
I walked away from the house I could still hear the man’s screams. I
thought, “this is barbaric, unreal, unnecessary.” Why should this man
have to suffer so without any pain relief? He
could be days, weeks or months away from his death. He was pleading and
begging for help, not for a cure, but to be relieved from his pain. I
knew that if I had seen an animal in such pain I would not have felt
guilty terminating its life. Yet this was a man. Under the
circumstances, would it be ethical for me, as a medical professional,
to help him terminate his life if he requested it? I had some potassium
with me. Do the rules of conscience change in a resource poor country
that cannot provide medical care for its people?
Commentary
Karen Schneider, RSM, MD.
This
is a very complex medical case that has many aspects. First of all, the
most basic question that most physicians would ask would be: “Is
this my patient and if so what responsibility do I have?” The answer is
simple, no, he is not my patient. I believe that I was shown this
suffering man because I was considered a rich American more than a
physician. The Peruvian physicians had told the man and his family that
there was nothing more they could do; he was dying. I believe the man
and his family knew this and all they wanted was to relieve his
suffering.
Second,
whose responsibility is it to bare the burden of the expense for his
medication? The obvious answer is his family, but they were poor and
had already sold all of the goats that they could sell. Would the
principle of subsidiary state that his community, his church, the state
or federal government is now responsible? Or, as an American physician
am I now responsible because I have the education and expertise to
manage his pain. Even though I did not have the funds available to me
to pay for his pain medications could I have obtained the necessary
funds from sources back in America?
Third,
all things considered, even with adequate pain medication, how long
would he have survived? Did the benefits of managing his pain trump the
burdens of having less money to perform the necessary pediatric
surgeries of the children waiting at the clinic? The money for this
medical trip was donated by people for the expressed use of helping
defray the costs of surgeries for children in this rural part of Peru.
I had promised the benefactors that I would use the money for
children’s surgeries-- hernia repairs, cleft lip repairs and club foot
repairs. They entrusted the money to me to be used for specific causes
for the children. Was it ethical to take this money now and use it for
a man who was dying of metastatic cancer? The money donated by generous
benefactors in the United States had almost run out and I still had
children who were coming to the clinic needing surgery. The American
medical team still had two more days of clinic and two more days to
encounter children in need of surgery. The surgeries would be
beneficial and even life giving for these children. They would allow
them to work in the field, walk to school, swallow without choking,
take in the proper nutrition and smile a beautiful smile. Would the
principle of justice allow me to redirect these funds?
There
was one other option that came to mind that I was surprised that I
would even consider. This man was suffering intractable pain. His
family was in agony just watching him suffer. The wife pleaded with me
to relieve her husband’s pain no matter what it took to do so. Some
members of the extended family and the children had left the house
because they could not bear to watch him suffer. No one could sleep in
this household. If he were an animal he
would have been put out of his suffering. Should I offer a shot that
would end his agony? Should any human person, in this day and age,
because they are poor, suffer in the way this man was suffering? Should
he be given the option of a shot that would probably kill him within
minutes? Should a medical professional be allowed, in good conscience,
to administer a lethal injection if there are not other viable options?
I walked away from the house not offering the shot that would relieve
him of his pain and suffering because I had been taught in North America
that it was legally and ethically wrong. It was unethical to take a
human life, yet wasn’t it unethical to leave him in this condition? The
ethical principle of beneficence seemed to be in direct conflict with
nonmaleficence. I had sworn an oath to “Do No Harm.” Yet couldn’t doing
nothing in this case be viewed as doing harm, i.e. sin of omission, not
ending his pain. I was afraid to do what I felt I should have done, that is to end his pain and to give him peace.
What
was I afraid of? I was afraid that if I used situational ethics in this
one case and ended this man’s life with an injection of potassium this
behavior would continue. What would happen if I encountered another
person in the next village in the same situation? Would I also inject
potassium? Or if I walked into a cancer ward in Peru, where pain is not
managed as it is in the USA would I be justified in ending the life of
all those who wanted to be relieved of pain. It is too much of a
slippery slope! My heart was pulling one way, my head the other. My
head was right, thus no injection!
It has been 3 months since I saw Mr. F in his simple house on his dirt floor in northern Peru. It was weeks before I was not haunted by the image of his suffering. I wonder if he is still alive and suffering.
Commentary
Michele K. Langowski, MA, JD
The
case of Mr. F. highlights one specific, tragic instance of the growing
population of medically underserved persons in pain, suffering from
life-threatening illnesses and chronic disease, and the inequities that
exist in the provision of medical and palliative care services in
resource-poor developing countries. It is estimated that over two-thirds of the world’s population do not receive adequate pain relief and palliative care. The
disparities in access to palliative care and medical services in
marginalized and developing countries means that millions are living,
and dying, in agonizing conditions with their fundamental needs unmet. This is a global public health crisis. The physician in this case is dealing first hand with the realities of this crisis. Mr.
F., who lives in a wooden hut without electricity or running water, is
dying of kidney cancer, and is suffering unremitting, intractable pain
without the financial resources to purchase morphine. The
physician’s moral dilemma is whether it would be ethical to help
terminate Mr. F’s life if he requested it, given the lack of resources
available, or leave him to die an inhumane, inevitably painful death. At the core of this dilemma is the apparent collision of the physician’s ethical duties of nonmaleficence and beneficence. To
be clear, the physician is contemplating an act of active euthanasia,
intentionally killing Mr. F. with an injection of potassium. Active
euthanasia historically has been morally and legally prohibited in
almost every country (with the exception of the Netherlands and
recently Belgium). Medical professional
codes, dating back to Hippocrates, have prohibited “mercy killing” as
well as physician participation in assisting patients to commit
suicide. This is based in part on the principle of nonmaleficience
(“above all, or first, do no harm”) and respect for human life, and the
view that killing is incompatible with the physician’s role as healer
and is contradictory to the goals of medicine. Nevertheless,
despite deeply rooted ethical and legal prohibitions,
physician-assisted suicide and to some extent active euthanasia are
gaining social acceptances with calls to liberalize laws through
statutory provisions arguing that claims of autonomy and compassion
justify it.
If Mr. F. requested termination,
in this instance we are dealing with a hypothetical because the
physician poses the question, instead of giving of us the details of
Mr. F’s request. Typically, the principle of autonomy is invoked to support a patient’s request for euthanasia. Autonomy
means self-rule and supports the individual’s legal and ethical right
to self-determination. Ethically the principle also requires that we
respect the dignity of persons. Mr. F is extremely ill, frail, and in extraordinary pain. He is vulnerable as are most patients suffering from a serious or terminal disease. However,
after five days without morphine or other palliative care measures, Mr.
F is ravaged by pain, writhing, crying, and at times unconscious, so he
is acutely vulnerable, and his decision-making capacity at this time
is, at best, questionable. A request to terminate his life may actually
be an appeal for relief from pain. The
physician has not had any previous contact with Mr. F, so no
relationship or knowledge of the patient to be able to interpret
whether these wishes are transient or permanent. Would amelioration of pain change Mr. F’s views? We
do not respect a patient’s autonomy or the dignity of the patient if we
allow them to make important decisions, in this case life ending
decisions, when they do not have the capacity to do so.
Mr. F. is screaming in pain, begging and pleading for help. Of course, the physician feels the moral weight of Mr. F’s suffering and wants to do everything possible to benefit him. The
principle of beneficence requires as much, obligating physicians to
provide the best care possible to benefit the patient, to act in the
best interests of the patient, which includes preventing and removal of
harm as well as to balance various benefits and harms. The
physician provided Mr. F. with money for possibly a week’s worth of
morphine, all the money the physician had left, and 25 tablets of
dyphenylhydramine for its sedative effect. However,
confronted with the reality of Mr. F’s pain, elderly and dying any way,
and the extremely limited resources available to ameliorate him, might
compassion warrant the physician injecting Mr. F with the potassium? Killing
the patient may be expedient, and some may argue it is compassionate,
but it is not necessarily acting in accordance with the requirements of
beneficence. Just because we are acting out of compassion that does not mean that we are acting in a morally appropriate way. Compassion is an emotion. It is essential to humane and caring relationships. If
compassion motivates the physician to seek out alternative, maybe
cheaper, palliative care measures available in the rural locale to help
ease Mr. F’s suffering, then compassion has motivated the physician to
do a charitable, morally praiseworthy action. But compassion for a patient’s pain is not a self-justifying reason to kill. Emotion alone does not determine the morality of an action. Moral
judgments require a reasoned analysis; the act must be considered in
light of the various ethical principles, duties, norms, and values
involved and its effect on all of the ends or values must be weighed. For
instance, if it is determined that compassion and beneficence allow the
physician to kill Mr. F. under these circumstances, this could have the
long-term negative effect of rendering many more similarly situated
persons vulnerable. Millions of people in developing countries are in dire need of pain relief and palliative care services. If
killing patients becomes an option in these circumstances, this could
have the negative effect of thwarting efforts to provide therapeutic
interventions to people in need through social, international and
governmental public health initiatives, interventions that could
otherwise enhance the quality of patients’ lives as well as lives of
their families.
Rules
of conscience do not change in a resource poor country, although, the
way in which one fulfills his or her ethical duties as a medical
professional may be far more challenging and difficult. If
in the final assessment the physician makes the conscientious moral
determination that termination of Mr. F is the only ethical option
available, then the physician ultimately is obligated to follow his or
her conscience
Commentary
Peter A. Clark, S.J., Ph.D.
The
case of Mr. F. is challenging because it confronts us with injustices
that exist worldwide in the area of health care. If we believe that
health care is a basic human right and that all people should be
treated with dignity and respect, then how can we allow Mr. F. to
suffer in pain when we know death is inevitable. Physicians, according
to the principle of beneficence, have the medical and ethical
responsibility to prevent and remove harm and to promote the good of
their patients by minimizing possible harms and maximizing possible
benefits. The principle of beneficence includes nonmaleficence, which
prohibits the infliction of harm, injury or death upon others. In medical ethics this principle has been closely associated with the maxim Primum non nocere: “Above all do no harm.” Allowing a person to endure pain when said pain can be
managed and relieved violates the principle of beneficence because one
is not preventing pain and therefore not acting in the best interest of
the patient. It also violates the principle of nonmaleficence because
it is causing harm—and sometimes injury—to the person. In this
situation the physician is confronted with both a medical and ethical
dilemma that places beneficence in direct conflict with the principle
of nonmaleficence. The physician has limited medical resources
available and limited funds. The medical team is in this developing
world country to treat the numerous children that have presented with
serious conditions that are treatable and correctable. With the
appropriate surgeries these children can live a good quality of life
that will benefit not only themselves but their families. In contrast,
you have an elderly man who is dying from metastatic kidney cancer and
is in intractable pain with no resources to control the pain. The
dilemma confronting the physician is which situation takes priority
both medically and ethically.
Physicians,
as moral agents, have an ethical responsibility to treat patients in a
way that will maximize benefits and minimize harms. Determining how to
maximize benefits and minimize harms in this situation is more
difficult because both medical resources and funding is limited. It
would seem that supplying the medical resources to the children would
bring about the greatest benefits long-term. However, allowing this man
to suffer intractable pain violates the basic dignity and respect that
every person deserves. The WHO estimates that 4.8 million people a year
with moderate to severe cancer pain receive no appropriate pain
treatment. In fact, the poor and middle-income countries of the world
where 80% of the world’s people live consume only about 6% of the
world’s morphine. Confronted with limited resources and with no viable
options available, the physician is confronted with the possibility of
giving the man an injection of potassium to terminate his life as a
form of mercy killing. The rationale is that in a resource-limited
country it would be more humane to terminate the patient. The problem
with this rationale is that one needs a criterion for determining who
should be terminated. This criterion would presume that we can draw a
distinct ethical and medical line to assist those in making this
decision. Would this mean that anyone experiencing pain that cannot be
managed due to a lack of resources should be allowed to be terminated?
Ethically, to allow for this is to open up the slippery slope and the
ultimate result is the possible abuse of the most vulnerable in our
global society. However, advocates for active euthanasia argue that we
don’t allow animals to suffer so why would we allow humans to suffer,
especially in a situation where resources are limited or unavailable.
Before reaching the conclusion that terminating this patient is the
medically and ethically responsible action, all viable options must be
explored.
First,
was there any less expensive pain medication available that would
control the pain to a certain degree for a longer period of time? There
must have been a pharmacy in the location because of the surgeries that
were taking place. Possibly a less expensive pain medication might have
been available that would have controlled the pain to a certain degree
for a longer period of time. In addition, a drug like dilaudid
(hydromorphone) is more potent than morphine. For example, 1 mg IV
dilaudid = 7mg IV morphine and the cost is about the same. If dilaudid
was used the physician could have gotten additional equivalent doses.
This is not the most ideal medical option, but it would allow Mr. F. to
have his pain minimized longer and it would give him some quality of
life. Second, did the physician exhaust all possible contacts to obtain
morphine or other pain medications from clinics or hospitals in other
parts of the country? Having been there a few times doing this type of
medical work the physician must have connections in-country with other
physicians and the medical establishment. Resources, such as morphine
and other pain medications possibly could have been obtained from these
other sectors. Third, there are nonpharmacologic methods to control
pain such as positioning, massage, relaxation/meditation, heat/cold,
etc. These methods could be taught to the patient and the patient’s
family to assist in pain management. Finally, if stronger sedatives
were available this would help relax the patient and help control his
anxiety which is a major component of pain. Benzodiazepines are more
efficacious than benadryl and almost as inexpensive. This would
increase the patient’s quality of life and it would promote his dignity
and respect.
Under
the circumstances, the physician should not have given the patient an
injection of potassium to terminate him. It is certainly unjust that
all people do not have equal access to health care resources; however
this is the reality of our present situation. As a matter of justice,
we have an obligation to distribute the medical resources available in
a manner that will bring about a reasonable balance of benefits and
burdens. In a situation of scarcity, the issue of determining how to
distribute benefits and burdens becomes a major concern. As long as the
physician has acted in good faith to provide the best possible care
with the resources available, then the physician has met his or her
obligation. There is an ethical obligation to control a patient’s pain
and suffering, but the extenuating circumstances in this case limit the
ethical obligation. The physician should attempt to control Mr. F.’s
pain to the best of his or her ability with the limited resources
available. This could be done by helping the patient and the family
cope with the dying process by utilizing other options that would keep
the patient as comfortable as possible. To terminate the patient
directly would violate his basic dignity and respect, would open the
door to possible future injustices and abuses against the most
vulnerable in our society, and would violate the physician’s obligation
to do no harm to a patient. No physician can be obligated to violate
his or her conscience even if termination would be the last resort. To
compromise this basic obligation would be a grave injustice.