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Australian Critical Care xxx (2012) xxxxxx

Contents lists available at SciVerse ScienceDirect

Australian Critical Care


journal homepage: www.elsevier.com/locate/aucc

Medical futility in the care of non-competent terminally ill patient:


Nursing perspectives and responsibilities
Andrew Scanlon DNP, MNS, RN, NP, FACN a,b, ,
Maria Murphy Phd, Grad Dip Crit Care, BN, RN a
a
La Trobe University/Austin Health Clinical School of Nursing, Faculty of Health Sciences, La Trobe University, Melbourne, Australia
b
Department of Neurosurgery, Austin Health, Heidelberg, Australia

article information a b s t r a c t

Article history: Background: Debate continues on the use of medical technology to prolong life independent of the quality
Received 23 August 2011 of the outcomes. As a consequence, acute care nurses often nd themselves in situations where they are
Received in revised form 22 October 2012 asked to carry out physicians orders, in the context of a patients deteriorating condition, which may
Accepted 25 October 2012
be at odds with professional and personal ethical standards. This can cause nurses to become distressed
Available online xxx
when struggling with the ethical dilemmas involved with medical futility.
Purpose: This paper is a perspective on nursing considerations of our Code of Ethics and the concept of
Keywords:
medical futility in acute nursing care. The utility of the Code is examined through a clinical vignette.
Acute care
Decision making
Method: A database search using the keywords medical futility and acute care limited to 2008 to 2012
Clinical and a secondary hand search of these references identied thirty journal publications. The Code of Ethics
Medical futility was examined via a clinical scenario pertinent to an acute environment.
Nursing ethics Findings: This paper examines the ethical principles that underpin nursing and illustrates how the code
Nursepatient relations of ethics may serve as sign posts when faced with caring for a terminally ill patient that is inappropriately
Palliative care managed.
Conclusion: Understanding how individual nurses may address ethical dilemmas when faced with medical
futility can better enable the nurse to full their role as patient advocate, health promoter and alleviator
of suffering. Ongoing education and communication to decrease any ambiguity or anguish associated
with a patients impending death optimises apt outcomes.
2012 Australian College of Critical Care Nurses Ltd. Published by Elsevier Australia (a division of
Reed International Books Australia Pty Ltd). All rights reserved.

Introduction setting. In doing so, we demonstrate the application of ethical


principles to clinical practice and propose recommendations for
Advances in medical science over recent decades have allowed practice.
healthcare providers to prolong human life through extraordinary
means fostering debate regarding what is considered medically Medical futility
appropriate as opposed to that which is considered medically futile.
Nurses are expected to practice in an ethical manner1 and, when The word futility stems from the 16th century Latin term mean-
working in acute care settings, may experience ethical distress ing leaky and describes an action that produces no useful result
when implementing high tech measures they believe are merely or is pointless. Medical futility, therefore, could simply be dened
postponing or causing undue suffering prior to death.2 as a course of medical treatment that does not produce a worth-
The purpose of this paper is to rst present a discussion while result. The difculty with medical futility is determining who
of the concepts of medical futility and then to examine these is best to decide whether the patient might benet from treatment,
concepts using a clinical vignette taken from an acute care or on what grounds and, with what evidence, should decisions
for treatment be implemented. The difculty in determining what
constitutes medically futile care is well described in the literature,
although consensus on denitions is lacking.36 Terms that attempt
Corresponding author at: La Trobe University/Austin Health Clinical School of
to dene medical futility are summarised in Table 1.
Nursing, Division of Nursing and Midwifery, La Trobe University, Level 4 Austin
Tower, PO Box 5555, Heidelberg, VIC 3084, Australia. Tel.: +61 3 94964457;
The various terms used to describe medical futility can cre-
fax: +61 3 9496 4450. ate confusion. Table 1 lists seven different terms for medical
E-mail address: a.scanlon@latrobe.edu.au (A. Scanlon). futility, many with overlapping denitions.69 For example, both

1036-7314/$ see front matter 2012 Australian College of Critical Care Nurses Ltd. Published by Elsevier Australia (a division of Reed International Books Australia Pty Ltd). All rights reserved.
http://dx.doi.org/10.1016/j.aucc.2012.10.003

Please cite this article in press as: Scanlon A, Murphy M. Medical futility in the care of non-competent terminally ill patient: Nursing
perspectives and responsibilities. Aust Crit Care (2012), http://dx.doi.org/10.1016/j.aucc.2012.10.003
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AUCC-187; No. of Pages 4 ARTICLE IN PRESS
2 A. Scanlon, M. Murphy / Australian Critical Care xxx (2012) xxxxxx

Table 1
Terms related to medical futility.

Term Description

Physiological futility Medical treatment is unable to produce a specic benecial physiological outcome.41

Imminent demise futility The patient will die regardless of the intervention.41

Lethal condition futility An underlying disease that is not compatible with long-term survival, regardless of the intervention, even if the patient could
survive to be discharged from their current hospitalization.41

Quantitative futility The clinician through personal experience, the shared experiences of their colleagues or, consideration of reported empiric
data, determines that further medical treatment will be useless.42,43

Qualitative futility Circumstances where medical treatment merely preserves permanent unconsciousness or there is a persistent dependence on
medical care.44

Goal futility When treatment cannot alter the likelihood of the dened goal emerging into reality.44

Value futility When treatment can alter the probability of the dened goal but, the dened goal is deemed a goal not worth achieving.44

Qualitative futility and value futility describe a health outcome that models.18 All Nursing Codes of Ethics reects those of the interna-
may leave the patient in a severely debilitated state which may be tional nursing body: the International Council of Nurses (ICN). The
an unacceptable situation for the individual. Likewise, quantitative ICN Code of Ethics reports that the nurses responsibilities are: to
futility, physiological futility, imminent demise futility, lethal con- promote health, to prevent illness, to restore health and to allevi-
dition futility and goal futility all suggest that despite evidence to ate suffering.19 The ICN also acknowledges that there are differing
support the intervention, it fails on a physiological level (i.e. the aspects of nurses work and has applied ethical principles to four
antibiotics do not work for this patient). Having multiple terms main areas as outlined in Table 2. The ICN Codes of Ethics are meant
with shared meaning can make communicating concepts around to provide nurses with a moral compass to point us in the right
medical futility challenging. direction for professional and patient centred outcomes.20
Despite the multiple denitions for medical futility, many which
dene similar concepts, the key issue is often the lack of agree- Judgement in nursing ethics
ment on whether a situation is considered medically futile (or not).
In such cases, especially where disagreement exists between the The application of the Code of Ethics is dependent on individual
health care practitioner(s) and the patient and/or their family, deci- judgement and experience and therefore subject to variability.21
sions may be made to continue with treatments as a means to Judgments are inuenced by religious beliefs, education, training,
prevent legal action or avoid media scrutiny.10,11 advanced medical knowledge, clinical experience and the utili-
sation of evidence-based practice, all which can affect the way
Ethics in nursing individuals interpret and apply the Code of Ethics. Furthermore,
the frequent interaction nurses have with the patient and family22
Ethics are described as being the standards that govern allows for the development of unique insight into patient care
behaviour or conduct.12 The underlying universal principles of and how treatment should be implemented to obtain optimal out-
ethics important for nursing practice are based on the obligation comes. Nurses, thus apply the Code of Ethics and use their personal
to do good (Benecence); do no harm (Nonmalecence); provide and professional judgement when caring and treating for patients.
equal and fair care for all without judgement (Justice); uphold In addition, we must be considerate of how these judgments may
individual determination (Autonomy), tell the truth (Veracity) and in turn inuences the care we perceive to be appropriate.
remain faithful to ones commitments (Fidelity).12 These tenets
are the basis for all Codes of Ethics for all professional groups in Medical futility and ethical dilemmas for nurses
healthcare.
Codes of Ethics are guidelines for practice, underpinned by the Ethical dilemmas are problems which require a decision in
universal principles of ethics and are determined by an author- which there are only unsatisfactory solutions and thus contribute
ity or representative group in light of what is considered right.13 to the development of tension and conict.23 Ethical dilemmas
Furthermore, ethical principles are implicit in all major Codes of usually occurs when, in clinical practice, there is conict between
Ethics for nursing internationally, in Australia,14 the United States ethical principles. For example, in acute care settings preventing
of America,15 the United Kingdom,16 Canada17 and in European death, as opposed to facilitating end of life care, appears on face

Table 2
The four elements in the ICN Code of Ethics.27

Element Description

1. Nurses and people Advocacy for individual and society.


Through the provision of care, nurses should advocate for the basic principles of autonomy and justice when interacting with
individuals and society as a whole.

2. Nurses and practice Nurses are responsible and accountable and are required to be competent in the use of technology and scientic knowledge in clinical
practice

3. Nurses and profession Standards of clinical nursing practice, management, research and education.
How nurses should advocate for their own standards through participation in professional bodies and through scholarly work to
advance our profession

4. Nurses and co-workers Maintains a co-operative relationship with co-workers not only in nursing but other disciplines. However, it is the nurses
responsibility to take appropriate action to safeguard the health of an individual or society in general if a co-worker or any other
person endangers it. Interdependency on others within and outside nursing to achieve the best outcomes for our patients

Please cite this article in press as: Scanlon A, Murphy M. Medical futility in the care of non-competent terminally ill patient: Nursing
perspectives and responsibilities. Aust Crit Care (2012), http://dx.doi.org/10.1016/j.aucc.2012.10.003
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A. Scanlon, M. Murphy / Australian Critical Care xxx (2012) xxxxxx 3

value, to be a clear and logical ethical decision, but at what cost described as being unacceptable to her. Given her neurological sta-
or outcome? There are some situations, such as persistent uncon- tus and diagnosis with a malignant brain tumour, it is unlikely that
sciousness or lifetime dependence on invasive and painful medical she will recover and be able to resume independence. As such, con-
treatment, which may be considered worse than death by some ict between the current treatment plan and the patients wishes is
(qualitative futility or value futility). In such situations nurses present. It is likely that Irene will require full general nursing care
have a duty to care to achieve the best possible outcome for the until her death and consequently is likely to experience complica-
patient.14,20 tions associated with her debilitated state. The question that would
Nurses are guided through professional relationships with need to be answered in this clinical scenario and any other similar
patients and signicant others by our Code of Ethics. The Code case would be Would Irene choose this health state over death?
supports nurses to advocate for the needs of our patients. Unfortu- This is an individual choice and unfortunately Irene cannot convey
nately in acute practice, it is not always simple. Nurses can become her wishes at this time. However, her family is well placed to advo-
distressed when participating in treatment plans that prolong the cate for what they consider Irenes wishes and should be consulted
dying process without any perceived or tangible benet to the by the team.32
patient.2427 Nurses are required to act responsibly and be account- Irene is a critically ill, older patient with multiple complications
able for measures we implement in clinical practice28 whilst and a poor prognosis. Irenes family has asked you, as her nurse, for
safeguarding patients and ensuring they are provided with appro- advice on what can and should be done? Irenes family require the
priate treatment. However, nurses work in a multi-disciplinary opportunity to meet with representatives of her management team
environment and are often not in a position to make treatment- so that her projected health outcomes complicated by confounders
related decisions. In situations where the treatment goal is shared of age and co morbidities enable her family the opportunity to con-
by all stakeholders then there is no conict. However if the treat- sider a probable trajectory based on the professional assessments
ment goal is at odds with the nurses judgement, then the nurse of her treating team. This enables the family the time to consider
has the right to not participate in care and can opt-out of care. If why a return admission to ICU would be futile to restoring Irenes
the treatment goal does not align with the wishes of the patient health, time to consider Irenes interests as the people who know
and/or their family, then the nurse must advocate for the patients her best and the opportunity for an open and honest dialogue with
interests as their judgement informs them. This is not an easy task. her management team and each other. All members of this conver-
Additional distress for nurses occurs when the multi- sation remain faithful to their commitment of just and benecial
disciplinary team is not involved in making the decision2 and when care whilst respecting the individuals needs. As our patient Irene is
the nurse must implement the treatment plan and/or explain this to unconsciousness and, unable to make decisions for herself, verac-
the patient and their family.29 This phenomena has been described ity is a critical aspect of care. To best assist Irene and her family
as being in the middle.30 This professional conict can ultimately the nurse should be aware of the ethical principles underpinning
affect the relationships with the treating team and has the potential decisions relevant to Irenes ongoing care.
to adversely affect patient care. The following vignette illustrates
the application of these ethical principles to clinical practice.

Discussion: nursing practice implications


Clinical vignette
This clinical vignette that has been examined here is complex
Irene is a 72 year-old female who is three weeks post-biopsy of and there are no clear cut solutions. The judgement you might form
a left temporal glioblastoma (high-grade malignant brain tumour). as a nurse are inuenced by a number of variables. These vari-
Her post-procedure recovery was complicated by a large intra- ables include our individual understanding and interpreting the
cerebral bleed. Since that time, Irene has had a Glasgow Come Score code of ethics, of the patients condition, the patients and their
of 57/15 which is consistent with severe disability.31 Her current families perceived wishes as well as the clinicians own judgement.
treatment consists of broad-spectrum antibiotics for an iatrogenic All act as lters and explain the variability in how different mem-
lung infection, multiple intravenous medications for malignant bers of the health care team conceptualise the appropriateness of
hypertension, enteral feeding via a nasogastric tube, two hourly treatment goals. Fundamental to nursing, is the alleviation of any
full neurological assessments and general nursing care. Prior to this patients discomfort28 which can result from physical and/or emo-
procedure, Irene did not have advanced medical directives docu- tional causes associated with an altered health state. Difculties for
mented and does not have a Do Not Resuscitate order. family members arise when they are placed in the position to decide
It is anticipated that Irene will be discharged from the inten- whether or not to continue treatment for their loved one. Distress
sive care unit (ICU) in the next few days. Due to her age, current is a common reaction for the terminally ill, their loved ones, and
condition and poor prognosis, it is documented in her medical members of the healthcare team. As a nurse caring for Irene, you
record that she is not a candidate for readmission to the ICU. There should advocate for the patients dignity and respect whilst insur-
are no medical orders for palliative care and full active treatment ing continuation of reasonable care irrespective of the prognosis.33
continues. It is the role of the nurse to advocate for their patients particu-
Prior to this hospital admission, Irene was living independently. larly when the patients wishes are at odds with current treatment
Although not documented, you have learnt from her family that she goals. In the case of Irene, nurses must help the family to decide
has previously stated she would not choose to be an ongoing burden what is best for Irene and, this can be very difcult and a source of
if she became incapacitated. Her family has asked you, as her nurse, tension.
for advice on what can and should be done? These questions sug- The rst task of ethical decision making in nursing is to consider
gest to you that the family is questioning whether the continuation both your own and the patient values12 as these will ultimately
of active treatment is appropriate. effect personal judgement. Firstly consider your own values and
Our Code of Ethics requires that our care is premised on princi- judgement as the nurse in providing care for Irene. Does the current
ples of benecence (to do good) and nonmalecence (do no harm). ongoing care of Irene cause you some ethical conict and if so, think
In Irenes case, if she were to survive this period of acute of illness, carefully about why this might be the case. If the distress is your
she would not recover to her pre morbid state and is expected to die. own then, you have the right as an autonomous clinician to opt out
Her current clinical condition is consistent with what the family has of care of this patient.

Please cite this article in press as: Scanlon A, Murphy M. Medical futility in the care of non-competent terminally ill patient: Nursing
perspectives and responsibilities. Aust Crit Care (2012), http://dx.doi.org/10.1016/j.aucc.2012.10.003
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4 A. Scanlon, M. Murphy / Australian Critical Care xxx (2012) xxxxxx

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Please cite this article in press as: Scanlon A, Murphy M. Medical futility in the care of non-competent terminally ill patient: Nursing
perspectives and responsibilities. Aust Crit Care (2012), http://dx.doi.org/10.1016/j.aucc.2012.10.003

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