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Ethical Issues in Critical Care 87

             absurd interventions as a result of not being able to claim   discussion  of  autopsy,  and  immediate  bereavement
             categorically that a particular treatment will be useless.   support. A goal of mastering the palliative skills necessary
             The proposal is justified by appealing to the commonly   to  competently  care  for  an  actively  dying  patient  is  to
             used statistical evaluation employed in clinical trials (P =   enable a patient to die peacefully and as free of as much
             0.01).  A  physiologically  futile  treatment  may  be,  for   discomfort  as  possible.  Guiding  and  supporting  family
             example,  cardiopulmonary  resuscitation  in  the  setting   members  during  this  time  takes  significant  courage,
             where the patient has a ruptured left ventricle.     strength  and  fortitude  from  critical  care  nurses  as  they
                                                                  maintain  their  duties  of  care  in  physical,  psychological
             There is no definition of futility in Australasian legisla-
             tion,  although  there  is  limited  guidance  within  some   and spiritual ways.
             Acts.  An  example  is  provided  by  the  South  Australian
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             legislation referred to earlier :                    Euthanasia
                                                                  Euthanasia,  while  being  the  subject  of  ongoing  debate
               […] under no duty to use, or to continue to use, life sustaining   across the globe over many years, remains illegal in Aus-
               measures in treating the patient if the effect of doing so would   tralia and New Zealand. Euthanasia is the termination of
               be merely to prolong life in a moribund state without any real   a very sick person’s life in order to relieve them of their
               prospect of recovery or in a persistent vegetative state. (s17(2))
                                                                  suffering. In most cases euthanasia is carried out because
                                                                  the person who dies asks for it. Confusion has occurred
             Do-not-resuscitate Considerations                    with some individuals unable to distinguish between the
             in Critical Care                                     process of withholding and withdrawing treatment and
             Patients with acute, reversible illness conditions should   that of euthanasia. The primary distinction relates to the
             have  the  prerogative  of  resuscitation.  Cardiopulmonary   issue of ‘intent’. If the primary intention of the interven-
             resuscitation (CPR) may be instigated in order to restore   tion (e.g. a lethal injection) is to cause death, this may be
             ventilation and circulation in patients, providing they do   regarded  as  euthanasia  and  may  be  tested  in  court.
             not have an irreversible or terminal illness. The decision   However, if the primary intention of an act is to reduce
             to  withhold  CPR  may  be  termed  a  do-not-resuscitate   pain and suffering, this may not be regarded as euthana-
             (DNR) order in some jurisdictions. This reflects a deci-  sia but may again be tested legally. The fact that the dif-
             sion against any further proactive treatment such as CPR,   ference between the two is complex and contentious adds
             although  there  may  be  some  limitations,  such  as  ‘for   to  the  vigorous  debate  by  those  ‘for’  and  ‘opposed  to’
             defibrillation only’. Because each case must be considered   euthanasia: an ongoing question for many years in many
             on  its  merits,  it  is  important  to  have  clearly  written   countries. Religious opponents of euthanasia believe in
             medical  orders/directives  so  that  misinterpretations  do   the sanctity of life and that life is given by God. Other
             not occur. Paramount in these cases is clear discussion,   opponents  fear  that  if  euthanasia  was  made  legal,  the
             broad  consultation  and  accurate  documentation  that   laws regulating it would be abused, and people would be
             reflects discussion between family and members of the   killed who did not really want to die. Euthanasia is illegal
             critical  care  team  and  any  subsequent  decisions.  Any   in most countries. Those in favour of euthanasia argue
             directives  must  be  clear  to  all  those  involved  in  the   that  a  civilised  society  should  allow  people  to  die  in
             patient’s  care.  A  management  plan  that  incorporates   dignity  and  without  pain,  and  should  allow  others  to
             assessment, disclosure, discussion and consensus build-  help them to do so if they cannot manage it on their own.
             ing  with  the  patient  and  family  may  be  particularly   The Netherlands legalised euthanasia, including doctor-
             useful. 58                                           assisted suicide, in 2002. The law codified a twenty-year-
                                                                  old  convention  of  not  prosecuting  doctors  who  had
                                                                  committed euthanasia in very specific cases, under very
             Palliative Care in Critical Care                     specific circumstances.  At times a patient may be influ-
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             Palliative care in the critical care unit occurs when a deci-  enced to request the cessation of treatment as a conse-
             sion has been made and documented to limit, withhold   quence  of  unrelieved  and  enduring  pain  and  suffering,
             or withdraw treatment. Once it is evident that the patient’s   and/or depression. In these circumstances, where such a
             prognosis is grave and death likely to be imminent (albeit   request may be thought to be inappropriate, it is proper
             at times unpredictable in timing), it is the bedside critical   to  explore  the  patient’s  feelings  and  treatment  options
             care nurse who becomes the leader in care provision for   and perhaps to develop an agreed future treatment plan.
             both the patient and their loved ones.               It may be useful to obtain assistance from a counsellor
                                                                  or other qualified professional. 58
             Concepts in caring for the dying patient in a critical care
             unit  are  no  different  from  those  in  a  hospital  ward  or
             hospice. Privacy, dignity, a noise-free environment with   Nursing Advocacy
             minimal disturbance, relief of pain, provision of comfort,   A commonly accepted view of nursing advocacy is where
             support for both the patient and relatives, and coordina-  the nurse is portrayed as helping the patient discuss his
             tion  of  bedside  visits  are  just  a  few  key  concepts,  as  is   or her needs and preferences, helping the patient make
             sensitive discussion (at the appropriate time) regarding   congruent choices, supporting the patient’s decision, and
             arrangements,  wishes,  belongings  and  cultural  con-  preventing others from impinging on the autonomy of
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             siderations after the patient’s death. Care does not end   the patient.  This view of nursing advocacy is reflected
             with  the  death  of  the  patient  but  continues  through    by the Australian Code of Ethics for Nurses: specifically,
             death pronouncement, family notification of the death,   nurses  should  ensure  that  patients  are  appropriately
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