I’m on a Pediatrics clinical clerkship at the hospital next door. We had a conference on this this morning. We are getting ethics lectures on it tomorrow. I’m going to try and approach this from a medical/ethics point of view.
The head pediatrician at our hospital, a blatant liberal Democrat (joy!), said he would respect Sheila Jackson Lee’s attempt to circumvent the Texas Futile Care Act if she set out a federal fund to pay for futile care. Then again, we are the county hospital and don’t have dollars to pay for anything. Every year, health care gets more expensive and there are fewer dollars around for funding community hospitals. Insurance companies won’t pay for futile care when they barely pay for needed care, so where are the dollars going to come from?
Anyway, I’m real tired and I can’t make a cohesive argument right now, so I’ll just give a bit of background as I understand it. My tiredness will come out in my rambling, I apologize in advance.
This is the third case in Houston of this law being applied. In terms of race, two have been African-American babies and one a 68 year old IIRC Greek man in a persistent vegatative state.
First, you must know that it isn’t just the doctors that make this decision – it is a decision made with an ethics team and with social work and if at all possible, the involvement of the family. These include outside experts: our chief of staff is a world-reknowned expert in pediatric tuberculosis, and he has advised Memorial Hermann against enacting the futile care law in other cases.
At some point, our medical science ends and care only prolongs suffering. This law, viewed by the hospital physician and ethicist, can really be seen as patient advocacy. Buy the spin if you want to but in the end the physicians, entrusted with care of a patient, really ought to know what is best. I don’t know where the 5% number for Knya’s survival comes from in the OP link, but you must know that this case has been seen by dozens of doctors and ethicists before the law is applied, and I seriously doubt that futile care would be applied to a 1:20 case. For the other two cases, it was truly futile care. Sun Hudson had profound congenital abnormalities with no hope for recovery and the other case was quite similar to Schiavo.
The baby Sun case (at the same time of Schiavo) was handled by our system, and I am a lot more familiar with that one. Texas Children’s went above and beyond anything required by the law – they contacted 42 hospitals to try and place the child, they paid for the family’s lawyers, they prolonged the 10 day period mandated by the law to months and months. In the end, care was withdrawn and he died. The other case, with the 68 year old man, I believe the family found place for him in a nursing home in Dallas or Austin.
I’m pretty liberal, but I’m also in medicine. No matter how often we try to tell ourselves that we have endless resources in this country, we need to open our eyes to limitations, both in money (the obvious point) and in more practical things, like ICU beds. At our hospital, we have 6 pediatric ICU beds. If futile care kids started getting stuck in our ICU, it becomes easier for us to get to capacity. Then we start transfering kids, who really can use the help, to other hospitals without the ICU care, ancillary staff, diagnostic tools, etc. that we have at our Level I facility. This happened a few years ago – we capped out at the Texas Medical Center, and had to start transfering critically ill kids to Nagodotches, Texas. These kids received a lower quality of care than could be delivered in the TMC. And some died.
So, in the end, take your pick. Baby Sun and Baby Knya, or a kid who is status post induction chemotherapy for leukemia and develops pneumonia and requires ventilator support for a week until he shakes off the infection and goes on to make a full recovery. Or a kid from an auto accident with a liver laceration who will be no worse for the wear after a week of post surgical monitoring. We are talking about the sickest of the sick. We are talking about those that show no improvement after months, or have reached the limits of medical treatments. We are often talking about families with profound socio/psychologic issues and failure to deal with end-of-life issues. And politicians want us to side with these patients and families over the 10 year old kid chasing a soccer ball in the road who gets hit by a car.
This is not euthanasia; this is common decency and common sense.