Comment on DJ review for CH

We have recently been emailed a copy of Professor Jones submission to the Liverpool Care Pathway Review which is entitled, “Submission to the Review of the Liverpool Care Pathway (LCP) on behalf of the Department of Christian Responsibility and Citizenship of the Catholic Bishops’ Conference of England and Wales.”

As practising Catholic physicians who have been personally involved with criticism of the LCP, We were rather taken aback by the content of the submission. We have been through the submission in detail, and we would like to highlight three main areas of concern and comment further on two of them.

 

Our main concerns about Professor Jones’ submission are:

 

1. Without apparently directly involving Catholic physicians in this report, he makes several clinical medical conclusions based on a superficial review of the literature alone. As a result, in an area of very difficult clinical decision making, he has almost completely sidestepped important and fundamental issues that make the LCP highly problematical

 

2. He has not included any information from the public cases in which the LCP has been blamed for causing death or suffering, however well documented. The sufferings of patients who have been put on the LCP and their relatives, is the first thing the Church should be reacting to in order to understand the great depth of anguish that this pathway has caused and the reasons for this. This is a major gap in his critique.

 

3. The feeling that comes across in this review is that Professor Jones is a supporter of the LCP and that no available evidence is going to change this. He goes to extreme lengths to align support for the LCP with Catholic teaching and this at times borders on the disingenuous.

 

 

 

 

From the medical academic point of view,

He supports the idea of withdrawal of fluid and sedative management in “dying” patients, without showing he understands how this conflicts with the physiology of thirst and the respiratory and central nervous system depressant effects of opiates and benzodiazepines.

He fails to highlight the pivotal place of the diagnosis that a patient is “dying” in the LCP. He accepts the term “dying patient” with only superficial discussion. He mentions that if the diagnosis of “dying” is wrong, then reduction of fluids could be fatal. He does not see the potential for this to bring about a “self-fulfilling prophesy” in someone diagnosed as “dying” in the LCP, although he says that there is some concern for those “who live longer than expected”.

He is very critical of the views of Catholic physicians who have reported on the LCP and fails to do justice to what they put forward.

 

From the bioethical point of view,

He repeatedly refers to the need to accept death and not flee from the “inevitable”, which is not the way physicians looking after sick patients view the course of disease. To focus on the acceptance of death as a “major good” of healthcare, again detracts from the focus of looking after the sick patient and tends to deter criticism of the LCP.

 

If the Archbishop and Bishops would like to understand Catholic Physicians’ views about the LCP, we would respectfully suggest that they should ask these physicians directly.

 

Yours sincerely,

 

Patrick Pullicino

Anthony Cole

Philip Howard

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Commentary on the Statement supporting the Liverpool Care Pathway

The Statement supporting the Liverpool Care Pathway from the National End of Life Programme was published under multiple signatories. We have a number of serious reservations and questions about the working of the Liverpool Care Pathway.

 

1        The statement says, “it is not always easy to tell whether someone is very close to death”.

The fact is that there is no scientific evidence to support the diagnosis of impending death and there are no published criteria that allow this diagnosis to be made in an evidence-based manner. This is even more true of non cancer conditions. This diagnosis is a prediction, which is at best an educated guess. Predictions have been shown to be often in serious error.

There is no evidence that the diagnosis of impending death can be improved by using “the most senior doctor available “, and an actual misdiagnosis of impending death could result in a wrongful death.

 

2        “The Liverpool Care Pathway …is not a treatment”.

This statement belies what actually happens once a patient is signed up onto the LCP. The fact that morphine, midozelam and glycopyrrolate are prescribed makes the LCP a treatment protocol.

 

3        “The Liverpool Care Pathway …is…a framework for good practice.”

          In the twenty-first century all good clinical practice is evidence based. Good clinical practice has always traditionally involved a close doctor-patient relationship  and the management of symptoms in the best interest of the patient, as and when they arise. The LCP is more than a framework. It is a pathway that takes the patient in the direction of the outcome presumed by the diagnosis of impending death. The pathway leads to a suspension of evidence based practice and the normal doctor-patient relationship.

 

4        “The Liverpool Care Pathway does not….hasten death.”

It is self evident that stopping fluids whilst giving narcotics and sedatives hastens death. According to the National Audit 2010-2011, fluids were continued in only 16% of patients and none had fluids started.

The median time to death on the Liverpool Care Pathway is now 29 hours. Statistics show that even patients with terminal cancer and a poor prognosis may survive months or more if not put on the Liverpool Care Pathway.

 

Your statement fails to mention the relief of symptoms at all. We think this is a serious omission. The question of consent is not mentioned either.

 

If as you say, the LCP does not replace “clinical judgement”, and is a “framework for good”, why is it not endorsed by 28% of senior healthcare professionals?  (National Audit 2010-2011)

 

Patients should receive an individual treatment plan according to best evidence based medicine. They should not be deprived of consciousness, but receive such treatment that is aimed at relieving all their symptoms including thirst. Nothing should be done which intentionally hastens death. An individual care plan based on best evidence is preferable to a rigid pathway.

 

 

Signed

 

Professor P Pullicino

Prof of Neurosciences

 

Mr J Bogle

Chairman Catholic Union of Great Britain

 

Dr P Howard

Chairman Joint Medico Ethical Committee Catholic Union

 

Dr R Hardie

President Catholic Medical Association

 

Dr A Cole

Chairman Medical Ethics Alliance   

 

Dr M Knowles

Secretary First Do No Harm

 

Mrs N  McCarthy

Cathlolic Nurses Association

 

Ms T Lynch

Chairman Nurses Opposed to Euthanasia

 

Mr R Balfour

President  Doctors who Respect Humen Life

 

Dr J Qureshi

Founding Chairman Health and Medical Committee

Muslim Council of Britain

21/10/12

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Draft Parliamentary questions

Written

1        To Sec of State for Health

Can he give an assurance that end of life care given within the NHS is determined only by good evidence based medicine and is not influenced by consideration of age or finance, and will he make a statement?

2        Is the Department of Health collating complaints from families who are distressed by their experience of the Liverpool Care Pathway? Currently the only avenue open to them is the complaints procedure through individual trusts. Given the current public concern is this sufficient and is his department to take an overview, and will he make a statement?

Oral

1        What is the cost of a days care in hospital for a dying person? What savings overall would ensue, if deaths were brought forward by one day and will he make a statement?

2        What amount of funding under Cquins ( Care quality innovations ) is being provided by his department, to extend the Liverpool Care Pathway throughout the hospital service and will he make a statement?

3        What advise is his department giving to commissioners to extend the Liverpool Care Pathway to nursing homes and care homes and general practitioners caring for a person at home and will he make a statement?

4        In connection with the Liverpool Care Pathway, who at present gives consent for this and will he make a statement?

5        Is it the case that the Liverpool Care Pathway may be refused by a competent patient or by a valid and applicable advance directive, and will he make a statement?

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The Gdansk Declaration of the XI th Congress of the European Federation of Catholic Medical Associations

Conscious of the trust placed in us as physicians and defenders of life, of the progress in medical knowledge and technologies, and of the ever better understanding gained into the physical, psychological, educational, spiritual, religious and existential needs of our patients and our society,

  • while aware of the dangers of ethical relativism and of moral permissiveness around us and in our midst;
  • in view of ongoing debates over the permissibility of abortion, euthanasia, the use of human embryos for research and so-called therapeutic purposes, human cloning, the creation of human-animal hybrid embryos, contraceptive and sterilization procedures and artificial reproductive technologies;
  • faced with the silent assumption that those carrying out the above procedures will be doctors;

 

authorized by the Christian traditions and ethos of European and world medicine, in dialogue with all doctors who believe in the dignity and freedom of the human being,

 

  1. We affirm that ethical norms and principles precede enacted laws and should influence their contents in accordance with natural law and the teaching of the Church.
  2. We affirm that in making decision on the medical treatment of the patients who place in us so great a trust, we should be guided above all by our conscience.  Moral evaluation of medical practice must not be based upon superficial opinions or passing trends but on the sensitivity of a conscience formed according to objective ethical norms common to all people and  consistently defended by the Church.
  3. In order to guarantee the freedom of practice of the profession, we have to uphold the right to conscientious objection
  4. We believe that one of the basic demands made of doctors should be ongoing personal development in both practical know-how and in moral stature.
  5. The special vocation of the doctor to serve the life and health of others requires a clear formulation of  the principles of an objective and universal ethics.
  6. We affirm that the source and basis for all ethical norms is the inalienable dignity of the human person throughout the course of his or her life – from conception to natural death.
  7. Just as human dignity requires the protection of human life, it also demands special concern  for its initial phases and respect for human procreation and sexuality.
  8. We promote activities which permits the protection of patients from procedures that violate their human dignity:

●  Decisively rejecting euthanasia, we support the development of palliative medicine;

●  Refusing to agree to abortion, we aim to ensure proper all-round care for the family and the sick child both before and after birth;

●  We choose the treatment of the underlying causes of infertility and not successive techniques of artificial reproduction;

●  We support the development of research into the use of stem cells taken from adults and umbilical cord blood, rejecting the use of human embryos for this purpose.

  1. 9.     We affirm and emphasize that medical practice with respect to matters as genetic manipulation and the end of life has to be realized without intentional loss of human life.

10.We want to protect our children and young people from neglect, abuse and other threats to their health and dignity. We have to ensure proper education for all aspects of life.

11.Aware of the number of people in our midst who are subject to abject poverty or under threats caused by misfortune, we uphold the tradition of the freedom of physicians to offer humanitarian and charitable aid, especially in neglected areas of the world, on the basis of principles and criteria lying beyond economics.

12.Taking into account the responsibility doctors carry for the health and life of patients, we are convinced that medicine must be practiced in dignified conditions, which are due both to patients and to doctors,  and we consistently affirm that in our activities the good of patients should have priority over other obligations.

 

 

 

Signed by:

 

President of the XI Congress of the European Federation of Catholic Medical Associations, prof. Josef Marek (in substitution signed by dr Francois Blin);

 

President of the Catholic Association of Polish Doctors,

dr Anna Gręziak;

 

 

Secretary of the European Federation of Catholic Medical Associations,

dr Hans Stevens

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Child Protection and the GMC

The GMC have asked for submissions in connection with child protection and the role of doctors. Below is a summary of the MEA`s response.

There are a number of  ethical considerations concerning  child protection such as natural   justice, the common good,  and issues of good medical practice and confidentiality.

When putting in place procedures to safeguard children and vulnerable adults it is vital that the requirements of confidentiality do not take precedence over the need to protect their welfare.

Particular difficulties  may arise in the case of suspected fabricated or induced illness. Detailed investigations would be normative and the diagnosis may only emerge over time. An example of good practise would be for the doctor with ultimate responsibility to share the tentative diagnosis with consultant colleagues to see if there is agreement on the diagnosis. It would also be good practice to seek the advice of colleagues in a tertiary centre.

The confidentiality that is required by law in furnishing  reports for prosecutors and the giving of evidence in the civil courts is proscribed. Open evidence will be required in Crown Court and the doctor should not be afforded any anonymity and publicity cannot be avoided. If, however, the doctor has taken the steps outlined above this will afford some protection. Rarely  a doctor may choose to take independent legal steps to protect their interests.

Difficulties can arise when English is not understood or where because of a particular culture, the head of the family is the only person who will speak on behalf of parents and may fail to translate what is said by doctors. There can also be fears that translators may breach confidence in close knit ethnic groups. In Family Proceedings Courts and Criminal Courts accredited translators must be provided by law. In the clinical situation difficulties arise and an independent translator is advisable.

Regrettably many doctors are loath to become involved in child protection as a result of adverse publicity, threats of legal action or complaints to the GMC. Direct threats also occur and many doctors feel that they or their own families are endangered. Ultimately, if many doctors refuse to become involved in the legal process child protection will fail. Fortunately most doctors feel that they are obliged in conscience to do their utmost to protect children.

It has always to be remembered that, especially in cases of possible sexual abuse,  the medical evidence is often only a small part of the evidence upon which the court will rely. Paediatricians should not feel that their evidence is decisive, it is likely to be collaborative at best.

Those who are likely to be front line doctors with children. Paediatricians, accident and emergency doctors and general practitioners in particular need to be trained by their respective colleges using such documents as the RCPCH compendium “ Child Protection  Companion, 2006 which should be used in the annual appraisal of paediatricians.

Clear guidance is required from the GMC which doctors would find helpful and supportive and in which they could be confident that their conscientious work and compliance would protect them from vexatious complaints.

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DYING THE LIVERPOOL WAY

Palliative care has been polluted by politics as governments seek to reduce the cost of health care. Faced with an ageing population and limited resources, end-of-life care is high on the political agenda. Terminal or palliative sedation is potentially dangerous yet it is widely used in hospitals, hospices, care homes and nursing homes. Care homes for the elderly have been targeted to reduce emergency admissions to hospitals at the end of life. The Liverpool Care Pathway for the Dying Patient (LCP) can be lethal. Sick elderly people often present with dehydration. If hydration is withheld they will inevitably die. (1, 2)
  • Palliative carers and geriatricians should try to improve care for the elderly.
  • Community nurses and doctors must be trained to recognise dehydration and should rehydrate the patient as necessary.
  • Anticipatory prescribing of drugs such as diamorphine, midazolam and haloperidol should not be permitted in care homes. If sedation is required a doctor should assess the patient and prescribe as necessary.
References.
  1. No Water- No Life: Hydration in the Dying. Craig GM (Ed) Fairway Folio (2005) ISBN 0 9545445 3 6. E mail: books341@ clara.co.uk. Also available to order from good bookshops in the UK.
  2. Craig GM. Palliative Care in Overdrive: Patients in Danger. American Journal of Hospice & Palliative Medicine, Vol. 25 Number 2, April/May 2008 p155- 160. © Sage Publications 10.1177/1049909107312595
          (Notes by Gillian Craig. MD, FRCP Retired Consultant Geriatrician. UK)
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Statement of Islamic medical care principles regarding doctors and others providing medical care

Doctors should do their best to preserve and protect the life of the patient
(Hippocratic tradition).
The Intention should be always pro-life and all actions should reflect that.
Efforts should be made to return the patient to good health.
In accordance with the above three principles, the best, most appropriate medical
treatment should be given to patients along with the best nursing care.
Food and fluid is a basic need for all people and is the right of every patient. It
is not allowed to withdraw food and fluid at any time except when they may not be
absorbed by the body as might occur in the final stages of the dying process. Food
and fluid is a basic need not medical treatment.
No doctor should play God. It is not for a doctor to make a decision about the value
of a person’s life based on his or her quality of life.
Safe, effective pain killers may be used to alleviate suffering.
Children and adults with disabilities have Equal rights to life and ethical medical
treatment, like any other patient.
It is forbidden to take any step to hasten the death of the patient (active/passive
euthanasia and assisted suicide are forbidden in Islam)
Doctors should respect every patient as a human being, as well as his/her religious
wishes.
During the dying process, it may by right to withhold medical treatment but
palliative care, i.e. keeping the patient comfortable and pain free, may always be
given.

Regarding patients

To look for the appropriate safe effective treatment, because we are taught that for
every disease there is a cure.
GOD Almighty is the real HEALER, doctors and medicine are the necessary means for
getting the healing!
The Moment of death has been fixed only by the Creator (natural death).
Medical treatment allowed in Islam should be (Halal/permissible), except in
emergency when there is no substitute or replacement.
Patience and Tolerance of one’s illness and suffering are great Islamic virtues and
are highly rewarded by GOD. (Angels are surrounding the patient).
It is forbidden to hasten your own death or to take any suicidal step or to ask the
doctor or any one to end your life.
Living wills (death wills) are forbidden in Islam. However it is a duty on every
Muslim to write early and in advance the Will with regards to inheritance.
Prayers and spiritual support are to be encouraged as we believe they are effective
in reducing suffering and curing the illness.
Visiting the sick patient is highly recommended and is highly rewarded by GOD
Care from the patient’s family, social support, and hospice care are to be
encouraged all the times

Dr A.Majid Katme (MBBCh, DPM)

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Editorial October 2010

Editorial  October 2010

The Medical Ethics Alliance is over fourteen years old. Some would say it is still a troublesome teenager! We have not been shy of expressing an unashamedly Hippocratic position, supported in part by a number of World Faiths. Besides promoting and encouraging discussion within the medical profession, we have contributed to  public debates and actively participate in other alliances such as Care Not Killing which is opposing euthanasia and assisted suicide in the public square.

We are also regularly  consulted by professional bodies and our most recent contribution  to the GMC`s  committee on child protection,  is summarised  below, together with an earlier submission on the religious beliefs and values of doctors.

 Despite the rise of secularism of a particularly intolerant stripe, there is a growing interest in what faith and traditional medical ethics offers. The twenty first century is arguably a century of renewed interest in religious belief.

 We reproduce two important declarations of principle, the Declaration of Gdansk, from the Catholic medical associations of Europe and an important Islamic Declaration.

As ever, we invite comments and are pleased to learn that Ethics and Wisdom in Medicine is read world wide.

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Response to the GMC draft document “Personal Beliefs and Medical Practice”

Introduction

The Medical Ethics Alliance is a coalition of six World Faiths and Hippocratic medical and nursing bodies. It seeks to inform and initiate discussion within and without the  profession where ethical matters are involved. We have studied the draft which we find broadly helpful, but would wish to make a few general observations.

1        The medical profession is reflective of society as a whole and has many doctors of different religious and cultural backgrounds and doctors are in a close contact with vulnerable patients at important  times of their lives. In this we agree that they must fully respect the beliefs and values of all patients. We therefore  endorse the core guidance given in Good Medical Practice.

 

2        Many doctors draw inspiration from the from their own faith background and  values. These make them what they are and cannot be separated from their professional lives. In the multi national and multi faith profession that we enjoy today this represents a positive contribution to the welfare of patients. It is also likely to provide doctors with one of the motivations in their professional lives.

3        There is, furthermore, a strong residual Hippocratic tradition shared by doctors of all faiths and none, whether born here or coming into this country,  which we think the draft draws upon but does not directly acknowledge.  Nevertheless, that ethic has been weakened by legislation, most noticeably with regard to the status of unborn human life.

4        We have good reason to think that, not withstanding the conscience clause in the Abortion Act 1967,  those with a conscientious objection to abortion have difficulty in making a career in obstetrics and gyaenocology. This is particularly the case when seeking training posts. Difficulties are put in the way of applicants both by employing authorities and senior colleagues.

5        In your draft document at 21 this is dealt with but does not realistically address the position of junior doctors . In practise, we think many potentially good trainees are excluded. Given the wide nature of modern obstetrics and gynaecology, we think  there is scope for those with alternative interests such as oncology and urology who could make a considerable contribution and should not be involved in abortion. We would welcome a stronger statement from the GMC addressing this point.

6        Junior Doctors may find themselves unable to carry out certain treatment plans.This may arise in many different specialities from geriatrics to psychiatry. Furthermore, these dilemas may not be foreseeable when appointed. In these circumstances the only course of action open to the junior doctor is to inform the senior doctor managing the patient and withdraw from treatment. It then falls to the senior doctor to find another doctor. It would not be appropriate for the doctor who does not carry the ultimate responsibility for treatment to find another doctor. We are aware of difficulties created for anaesthetists, for example, who are asked to treat a woman undergoing an abortion in the middle of an otherwise routine list or where tube feeding is being withdrawn from a patient who is not dying.

7          Many patients approach their doctors with religious and cultural values that may not be familiar to many doctors. In this regard women doctors of similar cultural background may be sought by patients. This is a positive contribution to the welfare of patients, and whilst not wishing to segregate medical practice, a recognition of this in the draft would be helpful. For example women of Muslim background may wish to be treated by women gyaenocologists.

Conclusion

We  broadly welcome and support the core guidance. With regard to specific recommendations, we would like the GMC to address the problem of junior doctor training in obstetrics and gynaecology more realistically.

In general, we would welcome  more recognition that doctors from a variety of faith and cultural backgrounds may have a contribution to make to the care and comfort of patients in a multi cultural society.

Even though the GMC must make recommendations in the particular legal environment of our society, we would prefer to see some more explicit reference to the ethical code that has been traditionally characteristic of medicine and which is still strongly held by many members of the profession, whether born in this country or entering from abroad where such traditions are still strongly held.

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The Gdansk Declaration of the XI th Congress of the European Federation of Catholic Medical Associations

Gdansk, 14 September 2008

Conscious of the trust placed in us as physicians and defenders of life, of the progress in medical knowledge and technologies, and of the ever better understanding gained into the physical, psychological, educational, spiritual, religious and existential needs of our patients and our society,

  • while aware of the dangers of ethical relativism and of moral permissiveness around us and in our midst;
  • in view of ongoing debates over the permissibility of abortion, euthanasia, the use of human embryos for research and so-called therapeutic purposes, human cloning, the creation of human-animal hybrid embryos, contraceptive and sterilization procedures and artificial reproductive technologies;
  • faced with the silent assumption that those carrying out the above procedures will be doctors;

 

authorized by the Christian traditions and ethos of European and world medicine, in dialogue with all doctors who believe in the dignity and freedom of the human being,

  1. We affirm that ethical norms and principles precede enacted laws and should influence their contents in accordance with natural law and the teaching of the Church.
  2. We affirm that in making decision on the medical treatment of the patients who place in us so great a trust, we should be guided above all by our conscience.  Moral evaluation of medical practice must not be based upon superficial opinions or passing trends but on the sensitivity of a conscience formed according to objective ethical norms common to all people and  consistently defended by the Church.
  3. In order to guarantee the freedom of practice of the profession, we have to uphold the right to conscientious objection
  4. We believe that one of the basic demands made of doctors should be ongoing personal development in both practical know-how and in moral stature.
  5. The special vocation of the doctor to serve the life and health of others requires a clear formulation of  the principles of an objective and universal ethics.
  6. We affirm that the source and basis for all ethical norms is the inalienable dignity of the human person throughout the course of his or her life – from conception to natural death.
  7. Just as human dignity requires the protection of human life, it also demands special concern  for its initial phases and respect for human procreation and sexuality.
  8. We promote activities which permits the protection of patients from procedures that violate their human dignity:

●  Decisively rejecting euthanasia, we support the development of palliative medicine;

●  Refusing to agree to abortion, we aim to ensure proper all-round care for the family and the sick child both before and after birth;

●  We choose the treatment of the underlying causes of infertility and not successive techniques of artificial reproduction;

●  We support the development of research into the use of stem cells taken from adults and umbilical cord blood, rejecting the use of human embryos for this purpose.

  1. 9.     We affirm and emphasize that medical practice with respect to matters as genetic manipulation and the end of life has to be realized without intentional loss of human life.

10.We want to protect our children and young people from neglect, abuse and other threats to their health and dignity. We have to ensure proper education for all aspects of life.

11.Aware of the number of people in our midst who are subject to abject poverty or under threats caused by misfortune, we uphold the tradition of the freedom of physicians to offer humanitarian and charitable aid, especially in neglected areas of the world, on the basis of principles and criteria lying beyond economics.

12.Taking into account the responsibility doctors carry for the health and life of patients, we are convinced that medicine must be practiced in dignified conditions, which are due both to patients and to doctors,  and we consistently affirm that in our activities the good of patients should have priority over other obligations.

Signed by:

President of the XI Congress of the European Federation of Catholic Medical Associations, prof. Josef Marek (in substitution signed by dr Francois Blin);

 

President of the Catholic Association of Polish Doctors,

dr Anna Gręziak;

Secretary of the European Federation of Catholic Medical Associations,

dr Hans Stevens

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