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84  S C O P E   O F   C R I T I C A L   C A R E

         in  most  of  Europe,  however  in  parts  of  Europe,  life-  stated objection from a family member, especially if the
         sustaining treatments are withheld but not withdrawn as   person has medical power of attorney (or equivalent), the
         the withdrawal of therapies leading to death is consid-  doctor must take this into consideration and respect the
         ered  illegal  and  unethical.  In  the  Netherlands  and   rights of any patient’s legal representative. In that event,
         Belgium, active life ending procedures are permitted and   it  is  likely  that  withdrawal  of  treatment  will  not  occur
         performed with the specific intent of causing or hasten-  until concordance is reached. (This is different in the case
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         ing  a  patient’s  death.  In  the  US 35-37   and  Europe   the   of a person who is legally declared brain dead; see Brain
         majority  of  doctors  have  withheld  or  withdrawn  life-  death section.) 34
         sustaining treatments.
                                                              In the Ethicus study of 4248 patients who died or had
         The majority of the community and doctors favour active   limitations  of  treatments  in  37  ICUs  in  17  European
         life-ending  procedures  for  terminally-ill  patients. 39,40   In   countries,  life  support  was  limited  in  73%  of  patients.
         the Ethicatt study, questionnaires on end of life decision-  Both  withholding  and  withdrawing  of  life  support  was
         making were given to 1899 doctors, nurses, patients who   practised by the majority of European intensivists while
         were in ICUs and family members of the patients in six   active life ending procedures despite occurring in a few
         European countries. Less than 10% of doctors and nurses   cases remained rare.  The ethics of withdrawal of treat-
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         would  like  their  life  prolonged  by  all  available  means,   ment are discussed in detail in the ANZICS Statement on
         compared to 40% of patients and 32% of families. When   Withholding and Withdrawing Treatment.  The NHMRC
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         asked where they would rather be if they had a terminal   publication  entitled  Organ  and  Tissue  Donation,  After
         illness with only a short time to live, more doctors and   Death, for Transplantation: Guidelines for Ethical Practice for
         nurses preferred being home or in a hospice and more   Health  Professionals  provides  further  discussion  of  the
         patients and families preferred being in an ICU. Differ-  ethics of organ and tissue donation. 44
         ences in responses were based on respondent’s country. 39,40
                                                              DECISION-MAKING PRINCIPLES
         Diverse cultural, religious, philosophical, legal and pro-
         fessional attitudes lead to great difference in attitudes and   Despite significant advances in medical technology and
         practices. Observational studies demonstrate that North   therapeutics,  approximately  20%  of  patients  admitted
         American health care workers consult families more often   to ICUs do not survive and the majority of those die in
         than  do  European  workers, 39,41   and  some  seriously  ill   ICU  after  the  forgoing  of  life-prolonging  therapies  (as
         patients wish to participate in end of life decisions whilst   opposed to after cardiopulmonary resuscitation). Lack of
         others do not. 42                                    communication creates a potential for patients to under-
                                                              go burdensome and expensive treatments that they may
         In most cases where there is doubt about the efficacy and   not  desire.  Some  doctors  do  not  communicate  with
         appropriateness of a life-sustaining treatment, it may be   patients or families or document decisions because of the
         considered  preferable  to  commence  treatment,  with  an   lack of clear laws for end-of-life practices and the fear of
         option  to  review  and  cease  treatment  in  particular  cir-  litigation. Many families want to be involved but some
         cumstances after broad consultation. Inconsistency exists   individual family members do not want to be involved
         in  decision  making  about  when  and  how  to  withdraw   in  end-of-life  decisions.  Individuals  commonly  want
         life-sustaining treatment, and the level of communication   their family to decide for them, although the judgement
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         among staff and family.  Documented guidelines for ces-  of  intensive  care  professionals  concerning  which  treat-
         sation of treatment are not necessarily common in clini-  ment should be given may well differ from that of patients
         cal practice, with disparate opinion a recognised concern   and families.
         in some cases. Dilemmas arise when there are disparate
         views within the team as to what constitutes ‘futility’ and   End-of-life decision making is usually very difficult and
         with associated decisions regarding the next step or steps   traumatic. Because of this difficulty, there is sometimes a
         when  a  patient’s  outlook  is  at  its  most  grave.  In  a  UK   lack of consistency and objectivity in the initiation, con-
         study  that  attempted  to  draft  cessation  of  treatment   tinuation and withdrawal of life-supporting treatment in
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         guidelines,  nursing  staff  were  concerned  over  legality,   a  critical  care  setting.   Traditionally,  a  paternalistic
         morality, ethics and their own professional accountabil-  approach  to  decision  making  has  dominated,  but  this
         ity. Medical decisions to withdraw treatment were shown   stance continues to be challenged as greater recognition
         to vary between medical staff and among patients with   is given to the personal autonomy of individual patients. 9
         similar pathologies. 43
                                                              Decision making in the critical care setting is conducted
         Because ethical positions are fundamentally based on an   within, and is shaped by, a particular sociological context.
         individual’s own beliefs and ethical perspective, it may be   In any given decision-making situation, the participants
         difficult to gain a consensus view on a complex clinical   hold  different  presumptions  about  their  roles  in  the
         situation,  such  as  withdrawal  of  treatment.  While  it  is   process, different frames of reference based on different
         essential that all members of the critical care team be able   levels  of  knowledge,  and  different  amounts  of  relevant
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         to contribute and be heard, the final decision (and ulti-  experience.   Nurses,  for  example,  may  conform  to  the
         mately legal accountability in Australia and New Zealand   dominant culture in order to create opportunities to par-
         for the act of withdrawal of therapy) rests with the treat-  ticipate in decision making, and thereby may conform to
         ing medical officer. However, the decision-making process   the values and norms of medicine. Although the nursing
         certainly must involve broad, detailed and documented   role  in  critical  care  is  pivotal  to  implementing  clinical
         consultation with family and team members. If there is   decisions, it is sometimes unacknowledged and devalued.
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