An
eighteen year-old female arrives in the emergency room with a profound nose
bleed. You are the physician, and you have stopped the bleeding. She is now in
a coma from blood loss and will die without a transfusion. A nurse finds a
recent signed card from Jehovah's Witnesses Church in the patient's purse
refusing blood transfusions under any circumstance. What would you do?
This
is the classical ethics question. We’ll go through it using the Doing Right
algorithm and provide an example answer.
1. What
is the case?
Patient
comes into the ER requiring a blood transfusion. However, her prior wishes are
to refuse all blood transfusions on religious grounds.
2. What
are the ethical dilemmas?
The
ethical issues involved primarily revolve around patient autonomy vs.
beneficence.
This
issue is further
3. What
are the alternatives?
There is a
single choice to be made:
Give her
the blood transfusion or Don’t give her the blood transfusion.
Special
consideration must be applied as this case involves an incapable patient with
known prior wishes.
Which is
part of the larger question of:
Should
physicians be allowed to override patient wishes?
4. How do
the principles apply?
Beneficence
Beneficence involves the physician’s duty to act on the best interest of the
patient. Physicians are trained to prolong life and heal illness, and it runs
counterintuitive to forgo a life-saving treatment. It is only natural to want
to override someone’s decision to save their life.
Autonomy
Patients
have a limited right to choose their therapy but an almost unlimited right to
refuse treatment. If the patient is capable, then their autonomy always
triumphs over beneficence. However, if the patient is incapable, then her prior
wishes must be respected. If her prior wishes are not known, then a next of kin
or family member may make a decision for her consistent with her prior beliefs.
If a next of kin is not available, then a surrogate decision maker may be
appointed to act on the best interest of the patient. In this case, the
patient’s prior wishes are known and therefore must be respected even if it
means the death of the patient. In certain circumstances, you could override
her prior wishes if an argument could be made that she was incapable when she
made her prior wishes, but there is no indication of this. Another circumstance
is if the signed card was dated 20 years ago and recent indications suggest
that she no longer holds this belief, however, this is not the case here.
5. What
is the context? Who else is involved?
Canada is
celebrated for its acceptance of a diversity of cultures, religious beliefs and
social values. Religious beliefs, however idiosyncratic, if it is a deeply held
conviction, will always trump autonomy.
6.
Propose a resolution
In this
situation, because the patient has recently stated her wishes, they must be
respected. Do not order a blood transfusion.
7.
Critical considerations
Because
this is an emergency situation, there is not enough time to properly explore
factors surrounding the patient’s refusal of blood transfusions. For example,
are the patient’s wishes consistent with her past beliefs and behaviors? Are
there any social or cultural pressures that might have influenced her to make a
non-autonomous choice at a certain point in the past? Are there any close
friends or family that can provide insight into the patient’s refusal of treatment?
All these are questions that should be addressed if time allows to properly do
right by the patient.
8. Action
Example
answer:
“I
think this scenario raises numerous questions that are fundamental to the
practice of medicine, such as patient autonomy versus the physician’s duty
towards patient beneficence. The ethical questions raised in this scenario
addresses whether patients should be allowed to refuse a life-saving therapy
that will likely result in their death. Should physicians be permitted to
override these decisions in emergency situations where the patient is
incapable?
In
this specific scenario, I can definitely understand both sides of the issue. On
one hand, physicians are trained to be healers and provide the best possible
medical intervention to prolong life where possible, and the decision to refuse
a life-saving therapy may appear to be counterintuitive to the duty to care and
treat patients. On the other hand, the decline, and rightly so, of medical
paternalism in recent decades has led to a revolution in patient autonomy.
Patients are free to choose and refuse therapy if they are capable of
understanding and appreciating the situation, and this right must be respected
by physicians. This scenario is further complicated by the fact that the
patient is currently incapable. For incapable patients, their prior capable
wishes regarding treatment should always be followed, even if they may appear
irrational to the practitioner. Where prior wishes are unknown, a substitute
decision maker should be found if the situation is not an emergency, and
failing that, the patient should be treated according to their best interest.
In this case, I would not order a blood
transfusion as the patient has prior wishes that such interventions not be
performed on her. Patients should be treated as capable unless evidence
indicates otherwise. However, one should be especially diligent in cases where
serious outcomes may result, and there are certain factors that need to be
explored in regards to capacity and the patient. For example, are the patient’s
wishes consistent with her past beliefs and behaviors? Are there any social or
cultural pressures that might have influenced her to make a non-autonomous
choice at a certain point in the past? Are there any close friends or family
that can provide insight into the patient’s refusal of treatment? I understand
that this is an emergency situation and not all of these factors can be
explored in a timely manner. I believe that while physicians will always want
to provide the best possible care for their patients, patients have the right
to make therapeutic choices, and in the courts have consistently upheld the
capable patient’s rights to refuse treatment based on deeply held religious or
cultural beliefs. As a physician, I would respect the patient’s wishes and not
transfuse.”