A Statement of the The Catholic Bishops of
Pennsylvania
Revised Edition, 1999
FOREWORD
It is well known that there has been a great deal of discussion at
every level in our Church and in society at large concerning
"advance medical directives." These issues are already having
a profound effect on the way in which we live. They influence not only
our loved ones who are dying, but the very manner in which we view human
life in general. Since all of us are mortal, these are issues which will
also have an immense impact on each of us personally. Because of this,
the Catholic Bishops of Pennsylvania have collaborated in the
composition of the following statement which is an effort on our part to
fulfill our responsibilities as bishops to give guidance to all the
Catholic faithful of this state who are entrusted to our care. It is
also our hope that these observations and the principles on which they
are based will be of help to all who recognize the importance of
deliberating at length on the moral aspects of the difficult question of
providing food and fluids to patients. Our statement is intended to
express, as well as we are currently able, the teaching of the Catholic
Church as it affects these admittedly difficult cases. As we here
profess our faith that all human life is sacred since it comes from God,
we pray that all who read our statement will join us in our resolve
truly to care for those in need among us.
Anthony Cardinal Bevilacqua Archbishop of Philadelphia
The Feast of Our Lady of Guadalupe December 12, 1991
INTRODUCTION
Recent court decisions and the enactment of federal and state laws
governing advance medical directives (living will or durable power of
attorney) have given many the impression that anything the courts or the
civil laws allow is morally acceptable. The issue of the withholding or
withdrawal of nutrition and hydration in particular has become
controverted. We, as Catholic Bishops and fellow Pennsylvanians, hope
that what follows will be of help to many of those who are confused
about the present situation, but we especially seek to offer guidance to
the Catholic faithful entrusted to our pastoral care.
God's plan for humanity is not the blindness of a predetermined fate,
but a plan of love involving all human beings, not as objects but as
participants. The call to respond to the moral law is not a call to
legalistic obedience; it is the call to live those actions and
intentions which enable us to share eternal happiness. "The highest
norm of human life is the divine law itself eternal, objective, and
universal by which God orders, directs, and governs the whole world
and the ways of the human community, according to a plan conceived in
his wisdom and love. God has enabled man to participate in this law of
his so that, under the gentle disposition of divine Providence, many may
be able to arrive at a deeper and deeper knowledge of the unchangeable
truth."(1)
The teaching authority of the Church is not an exercise in legal
power. Rather, it is given to the Church so that she can exercise her
sacred obligation to penetrate and proclaim the truth, to know the
reality of God's plan for our salvation and to set us free to discover
and enjoy that which in the end will make us most happy. The attainment
of that end involves faith, but it is not a totally blind faith nor is
this moral law simply a series of flat commands. God calls us as we are
as his children capable of responding to him in love and with ever
deepening understanding. The function of the Church, therefore, is not
simply to command but also to persuade, and to do so out of a love and
concern which mirrors the love and concern of God himself.
The sources of moral teaching are divine revelation and the use of
our God-given ability to reason and to come to the truth. Reason and
faith are intimately related and that relationship is evident in the
topic that we now address. Medical practice deals with the most basic
issues of life and death, issues that concern the health, welfare and
even the salvation of humanity. The vocation to care for the life and
health of others is a call to serve the most basic good of every person
life itself. True concern for health involves not only the welfare
of the body, but the deepest welfare of the whole person. It should come
as no surprise that the very best medical care and the application of
the highest moral principles will inevitably coincide and can never be
in conflict with each other.
Life and death decisions are a matter of concern not only to those
immediately affected by them but to every one of us as well. As Catholic
Bishops it is our responsibility to present the teaching of the Church
in moral matters, since we are charged with the duty of providing
pastoral guidance for the faithful who must live the Christian message
in contemporary society. In 1980, the Magisterium addressed the general
question of euthanasia in the decree of the Congregation for the
Doctrine of the Faith, Jura et Bona. That decree enunciates
certain important principles applicable to the present discussion, but
it does not address the specific issue of the withdrawal of nutrition
and hydration. On one hand, we are clearly obliged as Catholics to
adhere to the guidance of the Magisterium. On the other hand, the
present complex issue has not yet been explicitly dealt with by the Holy
See. That simple fact, however, does not mean that the faithful are free
to act as though there were no guidelines at all. This is all the more
reason why the present intervention on our part has been thought
necessary.
The purpose of our statement is multiple. [1] We wish to offer
guidance to Catholics involved in decision making, especially pastors of
souls, those in the health-care profession and its beneficiaries. [2] We
wish to offer our teaching as a way of engaging in a dialogue of public
policy as it affects all those involved with legislative and judicial
decisions. [3] We wish to present the developed tradition of a medical
ethic which for centuries has guided doctors and patients alike to
achieve the highest standards of health care and moral good. As Bishops
we speak as official teachers and spokesmen for the Church, but we speak
also as citizens concerned with the welfare of all in our society.
This issue is basic the care for and preservation of life itself.
Modern medicine offers us modes of care and cure once undreamed of, but
such advances also raise serious questions demanding essential
decisions. Many question whether they must initiate or continue various
medical treatments. They wonder if and when it is allowable to stop even
the basics of life, such as food and water. Court decisions and proposed
legislation on living wills make these issues timely, even though they cannot
be resolved on legal grounds alone, since they have an inescapable moral
significance as well.
Bioethics based on philosophy and legal principles provide some
guidance through the maze of problems in health care.(2) Yet it is also
clear that philosophy and law alone do not adequately address all of the
real concerns and pertinent issues. Religious bioethics makes an
invaluable contribution to contemporary moral debates by offering
insights into human nature, the purpose of life, the meaning of
suffering and education to true virtue. These considerations assist
doctors and patients alike to make wise choices both in everyday
practice and in the most difficult of cases. Religiously grounded
bioethics leads people to place their attention on the right thing to do
and frees the autonomy of choice from a vision which can easily become
narrow and even dreadfully wrong. We can humanize the face of technology
by giving it a moral evaluation in reference to the dignity of the human
person, who is called to realize the God-given vocation to life and
love.(3)
STATE OF THE QUESTION
Modern medicine continues to deal with age-old questions, even though
current knowledge and technologies offer treatments and procedures that
would once have been impossible. One such area is the supplying of
nutrition and hydration to patients who are incapable of feeding
themselves and are unable to take nourishment orally even with
assistance. It is now possible to sustain the lives of such patients
with a variety of techniques, and so arises the question of the moral
obligation to do so. This question of moral obligation touches not only
the patient, who has primary responsibility for the reasonable care of
health and life, but also those who have responsibility for the patient
who is no longer able to exercise self-determination.
The possibilities of sustaining life for extended periods of time
raise other questions. Is it possible not only to keep a patient alive,
but even to sustain apparent vital signs in patients who are in fact
dead? There is ordinarily a moral obligation to do what can reasonably
be done to sustain life. There is no similar obligation to sustain
apparent vital signs in a patient who is already dead. In the past these
questions would not have arisen. The patient who was incapable of taking
nourishment, especially the unconscious patient, would have died. At
present, however, we have a whole array of methods by which life support
can be supplied even for those who are unconscious.
Decision making is further complicated by questions in regard to
determination of death with a view to using organs as material for
transplants into other patients. There are questions about the continued
cost of long sustained unconscious life in view of the use of time,
effort and resources that could otherwise be directed to care or
treatment for other types of patients. There are questions also about
the condition of unconscious patients (in terms of pain and suffering)
and about the grief and suffering of family members who witness the
process and who may participate in their care sometimes for months or
even years.
DETERMINATION OF DEATH
Even though theology may describe death as the separation of body and
soul(4), this separation is not itself visible and directly verifiable.
The Church has always had to rely on the use of medical signs or
symptoms to determine just when death has occurred. Until recently these
signs were simple enough: cessation of heart beat, cessation of
respiration, fixed and dilated pupils, no sign of conscious response to
external stimuli. We now sometimes find the need for other signs as
well. Patients who exhibit all of the classical signs but who have also
experienced severe hypothermia (lowering of body temperature) have been
resuscitated even after periods of time that would once have been fatal.
Other patients who would have exhibited all of the classical signs do
not do so, because they have been attached to respirators or heart-lung
machines which supply oxygen and so sustain the vital signs for some
time even after true death may have occurred. This has led to the
medical need for other signs in addition to those previously universally
used. The development of additional criteria is perfectly understandable
even from a theological point of view, since it is still the effort to
determine the definitive moment of separation of body and soul by means
of signs and symptoms.
Advances in diagnosis and in the determination of death have also led
to a more exacting distinction between death and various types of
unconsciousness.(5) In the effort to find clear indications of death,
medicine has developed criteria for brain death. These criteria have
developed especially from the need to determine, as closely as possible,
the moment of death in organ donors so that the organs may be used as
soon as possible before serious decomposition begins.
In most cases the classical criteria are sufficient to determine the
fact that death has occurred. Some patients, however, may be alive but
do not show signs of life (e.g., victims of hypothermia or those under
the influence of barbiturates or anesthetizing or paralyzing drugs).
Others may be dead and yet show what appear to be vital signs (e.g.,
patients who are attached to life support equipment). In the former,
life support equipment may be required until their condition can be
determined. In the latter, the necessity for any treatment or life
support has ceased. In either case there must be an honest effort to
determine whether the patient is dead or alive. This is the purpose
behind the move to the brain death criteria.
The norms generally adopted in medical care and in the Uniform
Determination of Death Act(6) (which, in variously modified forms, has
been legislated in many states) are variations of the "Harvard
criteria."(7) Moralists have generally accepted these criteria as
valid for our present state of knowledge of the nervous system, although
newer information may lead to revision, just as new information led to
the need for modification of earlier criteria.(8)
If the fact of death can be thus determined, then there is no moral
obligation to continue medical treatment or care of any kind, since the
person is dead. However, what concerns us here is the treatment that
must be given to those who are not dead but who, for whatever reason,
cannot supply their own nourishment.
STATES OF UNCONSCIOUSNESS (9)
All states of unconsciousness are often referred to (even by medical
personnel) as "coma." This is, in fact, not a correct
designation.(10) Coma is but one type of impaired consciousness. There
are also others which we should consider because all of them present
situations in which problems may arise in terms of the supplying of
nutrition and hydration.
A true coma is a state of "unarousable
unresponsiveness" with no response to external stimuli. The person
is not dead, but is in a state of sleep. This condition is never
permanent.(11) It may last as long as six months, but it will
resolve itself into some other state. The person may emerge into
consciousness again or sink into another state, such as that which is
referred to as the persistent vegetative state. It may take some time,
even months, to diagnose the exact condition.
The persistent vegetative state (PVS) is deeper than a coma.
The coma is a state of sleep; PVS is a form of deep unconsciousness. The
cerebrum, the upper part of the brain, gives evidence of impaired or
failed operation and it is this portion of the brain, in its cortex
or outer layer, which is responsible for those activities that we
recognize as specifically human.(12) Another portion of the brain, the
brainstem, is, however, still functioning in the PVS patient. It is this
portion of the brain which controls involuntary functions such as
breathing, blinking, involuntary contractions, and cycles of waking and
sleep. Thus PVS patients may open their eyes and sometimes follow
movement with them or respond to loud and sudden noises (although these
responses will be neither long sustained nor apparently purposeful).
There will be cyclical stages of sleeping and waking, but such activity
is a function of the brainstem and is not an indicator of purposeful
human activity."(13)
PVS is sometimes referred to as "cerebral death." This is
an unfortunate terminology, since it seems to imply that there is
"brain death" as described earlier. This is not true. There is
a failure of function at one level in the brain, but not all, and the
person in PVS is definitely not dead. Even medical personnel
sometimes refer to such a patient as "brain dead." This is
simply not the case.(14)
There is also a state which is referred to as psychiatric
pseudocoma. This is a state of unconsciousness caused by shock or
trauma which lead the victim to close off from the outside world. This
may be so severe as to give the appearance of death, but it is not even
truly a state of unconsciousness. It is simply total lack of response.
Finally, there is another condition which is referred to as the locked-in
state. This condition is caused by an interruption in the descending
motor pathways of the nervous system. In this condition, paralysis, not
cognitive failure, leads to a lack of ability to communicate."(15)
The patient is fully conscious, but simply has no way in which to
indicate conscious response. (In some cases, however, depending on where
the motor pathways are interrupted, communication may be possible by
such means as coded eye blinking.) It takes careful diagnosis not to
mistake this patient for the PVS patient. PET scans can distinguish
between the locked-in state and the persistent vegetative state. The
EEG, however, cannot do so, since the patient in the locked-in state may
show an abnormal response, while the PVS patient may produce readings
that are near-normal.(16) Patients who have recovered from this
condition reveal that they were indeed conscious and well aware of what
was going on around them and had a strong desire to continue to
live.
In none of these classes of unconscious patients are we dealing with
the dead. All of them are alive and some of them may well be expected to
recover. The one case in which recovery becomes most unlikely is that of
the PVS patient, and it is this patient who is likely to become the
object of decision making in regard to continued treatment or care, or
supplying of nourishment.
ORDINARY AND EXTRAORDINARY MEANS OF CARE(17)
The Catholic moral tradition holds that one is morally obliged to use
the ordinary means of sustaining life, but is not obliged to make use of
extraordinary means."(18) Ordinary means are those which are
available and do not require effort, suffering or expense beyond that
which most people would consider appropriate in a serious situation.
This would include most of the developed procedures and techniques
commonly practiced in medicine and surgery. However, moralists recognize
that there are also subjective elements which influence our ability to
make moral judgments. Subjective considerations of pain, expense and
personal abhorrence may act as obstacles to the fulfillment of this
obligation. Furthermore, not all techniques have to be used in every
instance. What would usually be ordinary means may, in certain cases,
offer little hope of success and may prove more burdensome than
beneficial to the user. In such situations one would not be morally
obliged to use such means.(19)
The distinction between ordinary means (which we are morally obliged
to use) and extraordinary means (which we may choose to use, but are not
obliged to) is not based solely on the commonness and availability of
the means themselves, although this is taken into account. It is also
based on the results that one can expect and on certain serious
subjective considerations and attitudes as well. It takes into account
the proportion between benefit and burden.
PRINCIPLES OF DECISION MAKING
Decisions on the use of appropriate means for the preservation of
life and health can sometimes be complex. One way in which to approach
them is to ask questions which can illuminate the process and direct the
questioner to the best sources for the answers. Those sources involve
moral teaching, medical information and the concrete condition and means
of the patient and the patient's family. What is being suggested here
applies as a help to the decision making process for all patients,
including both the conscious and the unconscious. Obviously, however,
the process for the unconscious patient will involve the use of some
sort of "substituted judgment."(20)
Is the procedure beneficial to the patient in terms of preservation
of life or restoration of health? Is it serving a lifesaving purpose? Is
it adding a serious burden? Is death already imminent, so that the
proposed treatment may add briefly to the life span in such a way as
simply to prolong the dying process without actually preserving life?
Questions such as these must be directed to experts in the field of
medicine, although in difficult cases even the experts may presently be
unable to give final answers to all questions.
Is the procedure a grave burden to the patient, and has that burden
become unbearable or intolerable? No one can actually answer that
question except the patient or, perhaps, the patient's family. At the
same time, suffering is a part of every life and has a spiritual and
salutary significance. Judgments in this area must be tempered by the
presence of the varying degrees of depression that any suffering patient
or family may be experiencing. They may need help in overcoming the
temptation simply to give up. At this point the pastoral counselor may
be of considerable assistance. We must still recognize, however, the
subjective aspect of "unbearableness" and must respect moral
judgments made in good conscience. If the patient is not competent, then
who is to make this sort of judgment? What motives will enter into that
decision? Here again the pastoral counselor can be of considerable help
and so too is the intimate knowledge that family members might be
expected to have of the patient.
We must also realize that moralists and medical personnel may not
always be using exactly the same definitions of ordinary and
extraordinary means. Medical personnel often use the terms to refer to
the means of treatment in themselves, considering them ordinary unless
they are experimental or rarely used. The moralist must also take into
account those other elements mentioned earlier, that is, the burdens and
benefits the particular treatment may have for the patient or for
others.(21) Thus the moral terminology is usually more related to the
condition of the patient(22), while the medical terminology is more
related to the technique itself. The moral judgment is based on the
benefit of the technique for the patient as compared to the accompanying
burden, and not simply on the availability of the technique. Clarity on
this point can help to remove one source of confusion.
Decision makers should also be aware that the decision to terminate a
treatment is usually not morally different from the decision not
to initiate that treatment in the first place. The same moral norms
apply in each instance, but there are circumstantial differences. When
treatment is initiated, the prognosis may not yet be clear. No one is
able to predict the future course of events. The more definitive the
prognosis, the more easily the moral norms can be applied in a concrete
manner. However, it may take considerable time to determine that a
patient has entered into a persistent vegetative state. The duration
of unconsciousness itself is an important determinant in both
diagnosis and prognosis. Maximum treatment is required in the earliest
stages, while full or partial recovery still remains a greater
possibility. Even the location or extent of brain or brainstem damage
may not be an accurate indicator in every instance. Time and treatment
are both required. In general, the younger the patient, the more likely
is recovery. After three months the chance of recovery always lessens.
Recovery after six months of the vegetative state is probably less than
1 in 100, and after twelve months almost never.(23)
It is most often when the treatments have run their course and the
patient is clearly not going to recover that the decisions must be made.
Prognosis and the condition of the patient may be clearer than they were
at first. Even then, there is still a serious obstacle to easy decision
making. No matter how clear the case may be by the time a decision is
made, the decision to withdraw a treatment or some form of care already
in progress is psychologically more difficult, since it is always hard
for the survivors not to feel that its withdrawal was the cause of
death.
PROVISION OF NUTRITION AND HYDRATION
Feeding Methods
There are various ways to supply nourishment to the unconscious. The
general categories would include at least these three: Oral feeding,
enteral feeding and parenteral feeding.
Oral feeding simply means that food (which may be pureed) or
drink can be placed in the mouth and the patient will then swallow it.
For some patients, even in the persistent vegetative state, this may be
enough, provided that the swallowing reflex is sufficiently unimpaired.
At times, however, the medical staff will prefer not to use this method,
even in cases where it could be used, since it can be quite time
consuming for a staff that may already have a large number of patients
to care for.(24)
Enteral (within the bowel) feeding means that the nourishment is
placed directly into the upper end of the small intestine. This can be
accomplished by means of a nasogastric (through the nose and into the
stomach) or nasoduodenal (through the nose and into the upper end of the
small bowel) tube, or it can also be done through a gastrostomy ( an
opening directly into the stomach) or jejunostomy (an opening into the
upper part of the small bowel). This method does not usually result in
complications and, even if some complications do arise, they are usually
not of a serious nature(25), but the method does presuppose that the
gastrointestinal tract is intact and functioning.
Parenteral (outside the bowel) feeding refers to the supplying of
nourishment intravenously. This may be done when the gastrointestinal
tract is not intact or does not function. It may be accomplished for a
short time by means of tubes inserted into the peripheral veins (e.g.,
in the arms or legs), but this can easily lead to thrombosis (clotting).
Therefore, if it is to be used for longer periods, it is done by
inserting a tube into the central venous system.(26) There is need for
daily monitoring of nutrients, waste products and blood chemistry until
the patient becomes stable, after which monitoring can be less frequent.
This method of nutrition also carries with it greater risks of
complications. Metabolic complications may arise, resulting in bone
disease, liver dysfunction or other problems. There may also be
nonmetabolic complications, such as thrombosis or the introduction of
infecting organisms. However, the relative simplicity of this method is
evidenced by the fact that in some situations it has been used as a form
of home care allowing some types of conscious patients to resume many of
their normal activities.
Decisions in Relation to Nutrition and Hydration
There are instances in which it is relatively easy to apply moral
principles to the decision to withhold or withdraw nutrition. In the
case of a terminal cancer patient whose death is imminent, for instance,
the decision to begin intravenous feeding or feeding by nasogastric tube
or gastrostomy, may also mean that the patient is going to endure
greater suffering for a somewhat longer period of time without hope
of recovery or even appreciable lengthening of life. Weighing the
balance of benefits versus burdens makes it relatively easy to decide
that this could fall into the category of extraordinary means and that
such feeding procedures need not be initiated or may be discontinued.
We are faced with a different set of questions when we begin to
examine the case of the long-term patient who must be fed by some of the
means described above (i.e., those more complicated than assisted oral
feeding). The question of patients in the persistent vegetative state is
particularly important. There is no question here of "brain
death, " even though that term is so frequently misused in the
media (who cannot always be expected to know better) and by medical
practitioners (who certainly ought to know better). The PVS patient
is alive, but unconscious and, therefore, unable to take nourishment
without assistance. It is clearly not a question of deciding to
stop treatment because the patient has died.
Questions relative to the supplying of nutrition and hydration are
often qualified by the term "artificial." The discussion thus
tends to center on whether artificial nutrition and hydration are
to be continued or not in certain cases. It is not, however, the
question of whether a type of care is artificial or natural that makes
the difference in terms of its continuance or discontinuance. The fact
is that every mode of taking in food and drink is, to some extent,
artificial. This is the case whether we speak of the patient receiving
parenteral feeding or the honored guest at a banquet for royalty a
banquet which observes every nicety of the most sophisticated table
manners and requires a certain expertise in the recognition of all
appropriate cutlery. Both situations provide nourishment and both also
use some artificial means to supply it. The real question, when it comes
to decision making for the unconscious patient, depends in the final
analysis on something other than a distinction between artificial and
natural means. If the supplying of nutrition and hydration is of benefit
to the patient and causes no undue burden of pain or suffering or
excessive expenditure of resources, then it is our duty to take and to
provide that nutrition and hydration. If the burdens have far surpassed
the benefits, then our obligation has ceased.
A distinction is also often made between treatment and care. In the
case of the patient in the persistent vegetative state, some would hold
that we are obliged to continue to supply the proper care, but
are not obliged to continue treatment.(27) The reason for this
statement is that treatment in this instance is no longer useful in
resolving the unconscious state of the patient. For many, then, it
becomes a question of whether feeding constitutes treatment or care. If
the former, then it may be discontinued. If the latter, it must
continue. Statements by the Pontifical Council on Health Affairs and the
Pontifical Academy of Sciences both hold to this distinction and say
that treatment may be discontinued, but they then go on to explain
that they view the supplying of nutrition and hydration as care
which must, therefore, be continued (presupposing, of course, the
distinctions already made in reference to the question of excessive
burdens).(28)
There is, however, another way to look at this. In the case of the
imminently terminal patient one would suppose that treatment is intended
to reverse the course of the disease or, at least, to better the
condition of the patient. If it no longer does that, then its
discontinuance is no more than a clear recognition of its futility. Even
feeding methods other than oral thus become futile and can be stopped so
as to attend more to the comfort of the one who is dying. In certain
clearly defined cases, then, even certain types of care might become
extraordinary if they were futile or excessively burdensome.
However, the patient in the persistent vegetative state is not
imminently terminal (provided that there is no other pathology
present). The feeding regardless of whether it be considered as
treatment or as care is serving a life-sustaining purpose.
Therefore, it remains an ordinary means of sustaining life and should be
continued. In other words, the mere distinction between treatment and
care does not of itself resolve the moral problem. Rather, its
resolution still remains within the scope of the usual norms of ordinary
and extraordinary means. Whether it is viewed as treatment or care, it
would be morally wrong to discontinue nutrition and hydration when they
are within the realm of ordinary means.
What obligations, then, do exist? The moral obligation to preserve
life and health falls immediately on the one whose health it is. Is one
morally obliged to submit to procedures to supply nutrition and
hydration? Or are they in the category of extraordinary care, and
therefore not obligatory? Of course, in the case of the PVS patient,
these decisions will be made by others, since the patient is incapable
of making them. Obviously, the primary focus should be on the patient.
With this in mind, then, we can begin to find our moral response by
answering the questions proposed earlier, when we discussed the process
of decision making.
Questions Related to the Medical Condition of the Patient
Is the procedure (supplying of nutrition and hydration) beneficial to
the patient in terms of preservation of life or restoration of health?
Supplying nourishment sustains life; it does not of itself restore
health to a former state. However, it is clearly beneficial in terms of
preservation of life, since death would be inevitable without it and
life will continue with it.
Is it serving a life-saving purpose? There is no doubt about the
fact that it is, since the patient could not survive without it and is
unable to supply it for himself. Is it adding a serious burden?
In almost every case the answer is negative. The means of supplying food
in themselves are all relatively simple and barring complications
generally without pain.
While there should be a presumption in favor of medically assisted
nutrition and hydration, the judgment can legitimately be made that, in
a particular case, they can be extraordinary.*
Is death already imminent, so that the proposed procedures (supplying
of nourishment, in this case) may add briefly to the life span in such a
way as simply to prolong the dying process without actually preserving
life? The pathological condition which has caused the persistent
vegetative state or which is concurrent with it may threaten imminent
death. Or it may be such as simply to make it impossible for the patient
to care for himself. In this latter case the condition would not in
itself be immediately life-threatening, but the lack of nourishment
would be. Supplying nourishment would not be an instance of simply
prolonging the dying process without actually preserving life. Life
would be preserved at length and not merely temporarily prolonged while
waiting for an imminently terminal condition to complete its course.
Questions Related to the Internal Disposition of the Patient
Is the procedure a grave burden to the patient, and has that burden
become unbearable or intolerable? In terms of the gravity of any
burden, it is always the one who bears the burden who is in the best
position to answer this sort of question. In the present case, however,
we are dealing precisely with a patient who is incapable of giving any
answer. So far as can be determined by observation, the unconscious
patient is not experiencing the anguish that would be borne by a
conscious person in these or similar circumstances. The parts of the
brain responsible for the specifically human qualities of anticipation
and anguish that so affect human pain are precisely those parts which
are not now functioning. As to the intensity of any physical pain
due to the increased atrophy of muscle, the discomfort of immobility,
the feelings arising from various medical procedures, etc., there would
seem to be no way at the present time to render final and definitive
judgment, although the external signs in the unconscious patient do not
indicate excessive discomfort which cannot be relieved by those who have
charge of the patient's care.
The question as to whether the patient in the persistent vegetative
state feels pain is not an easy one to address, since the patient is the
very one who is incapable of answering any question about the situation.
Some of the problem, of course, is based on the way in which we view
pain. There is a distinction between pain as a physical sensation and
pain as the affective response associated with human suffering.(29) The
response of the vegetative patient to noxious stimuli would indicate
that there is a physical response to pain or discomfort. However,
physical evidence also indicates that the affective level of human
suffering is not present. Experience with such patients shows no
behavioral indication of such suffering. Postmortem examinations usually
reveal a degree of damage to the cerebral hemispheres sufficient to
preclude the experience of suffering. PET scanning also shows a
metabolic rate in the cortex so reduced as to be incompatible with
consciousness.
We can say, therefore, that all appearances would generally seem to
indicate that there is no excessive pain involved in the feeding
process. The feeding procedures themselves, except where there
may be some serious complications, may involve some discomfort,
but nothing excessive (this can be determined from the reactions of
conscious patients who for one reason or another, have undergone such
procedures). Feeding methods do not generally carry with them the
sometimes serious discomfort which would be found in the patient on a
respirator.
As to the discomfort of being in this condition for years, unable to
communicate and unable to help oneself, it is not possible to make a
final and decisive comment. If, indeed, the patient is unconscious then
there is no awareness of these inabilities and, consequently, none of
the anguish that would attend them. However, we should note that some of
what is being said is conjecture, since we have no way of knowing what
is going on in the mind of the unconscious person. If we could indeed
establish that there is pain, and that there is, in fact, considerable
pain, then our answers might be quite different. That question, however,
remains to be answered, although present consensus argues against the
existence of such pain, mental or physical.(30)
Questions Related to Family and Caregivers
What motives will enter into "substituted judgments" given
by others on behalf of the patient? There is no doubt that a family
undergoes considerable pain as it watches a loved one who remains for
months or years in the persistent vegetative state. It is not at all
unusual that members of that family find themselves, at times, wondering
if death would not be a better alternative for the one who is afflicted.
This feeling can and does arise out of love, compassion and concern for
the sick person. It is also, almost always, influenced as well by the
internal struggle experienced by those who are well. They experience the
pain of loss as the person they love is now removed from conscious
communication with them. They experience their own exhaustion if they
are very directly involved in the care for the patient. All of these are
emotions that one would expect to find in such a situation. The family
members, however, must be careful not to allow their own fears or
frustrations to become the basis for the moral decision making that now
falls to them. They must exercise for the one who is ill the same
stewardship of life that is the obligation of each of us in our own
regard. The desire to escape from our own burdens cannot become the
source of a decision which would end the life of someone else.
There are, of course, other far less worthy motives which can inspire
people to decide to terminate nutrition for the unconscious patient.
Anger, spite, greed, culpable lack of concern and a host of other
motivations can also be part of our human decisions. For this reason it
is also desirable that the benefit of the doubt be given to the
continued sustenance of the life of the unconscious person.
We must, however, take into real account situations in which the
family has reached the moral limits of its abilities or its resources.
In such a situation, they have done all that they can do and they are
not morally obliged to do more. They would then have reached the limits
of ordinary means. However, in the society in which we live this does
not present a fully convincing argument. Resources are available from
other sources and these can often be tapped before a family reaches dire
financial straits. Such assistance has been and continues to be
available.
EUTHANASIA OR ALLOWING TO DIE
It would be unwise to complete our consideration of these questions
without addressing the question of euthanasia. The word once referred to
the effort to help make one's dying process easier. It has come finally
to refer to some sort of intervention which actually brings about death.
Etymologically speaking, in ancient times euthanasia meant an easy
death without severe suffering. Today one no longer thinks of this
original meaning of the word, but rather of some intervention of
medicine whereby the sufferings of sickness or of the final agony are
reduced, sometimes also with the danger of suppressing life prematurely.
Ultimately, the word euthanasia is used in a more particular
sense to mean "mercy killing," for the purpose of putting an
end to extreme suffering, or saving abnormal babies, the mentally ill or
the incurably sick from the prolongation, perhaps for many years, of a
miserable life, which could impose too heavy a burden on their families
or on society.
It is necessary to state clearly in what sense the word is used in
the present document.
By euthanasia is understood an action or an omission which of itself
or by intention causes death, in order that all suffering may in this
way be eliminated. Euthanasia's terms of reference, therefore, are to be
found in the intention of the will and in the methods used.(31)
Alleviation of suffering through the purposeful destruction of the
life of the sufferer is clearly contrary to true Christian respect for
life and Christian love of neighbor. Yet, in our own time, this solution
is proposed more and more frequently and even by doctors, whose very
profession should be geared to the preservation of life."(32) It
has been said that in the Netherlands as many as one sixth of all deaths
are attributable to euthanasia.(33)
The movement toward murder as a solution to problems has already
begun in the societal attitude toward the killing of the unborn. It is
rapidly entering into the realm of the "hopelessly" ill. It
can just as easily be extended to include the seriously handicapped,
either physically or mentally. In none of these cases is it a question
of the good of the patient, but more a question of the exercise of a
questionable autonomy founded in equally questionable "rights"
of the individual. Decisions such as this are all too easily based on
the desires or fears or even inconvenience of others and the patient's
wishes may not even enter into the question. That is certainly the case
with abortion, and can just as easily become the case with the incurably
ill. In both cases the decision is based on an attitude that there is
such a thing as a human life not worthy to be lived. Those who are
defective in some way are destroyed rather than cared for. It is an
attitude which easily dehumanizes not only the victim but the
perpetrator as well.(34)
In 1986 the Council of Ethical and Judicial Affairs of the American
Medical Association stated that "it is not unethical to discontinue
all means of life-prolonging medical treatment" for patients in
irreversible comas. This statement has the weight of whatever prestige
that Council holds, even though it was not the decision of a referendum
of the members and does not tell us anything about how many of the
members would support it. Nor should one be misled into thinking that
the statement is based on the fact that such patients are suffering some
sort of severe pain caused by the care that is being given them. This
has already been discussed above, with the conclusion that there is
usually no excessive pain due to such feeding. In fact, that same
Council in 1990 said:
One aspect of the debate about stopping treatment in PVS focuses on a
concern that the afflicted person would experience suffering after
treatment is stopped (e.g., will experience dyspnea after removal of a
respirator or face discomfort associated with starvation and dehydration
after removal of a feeding tube.) The most obvious contradiction to this
projection is that, by definition, in PVS both the person's capacity to
perceive a wide range of stimuli and the neocortical or higher brain
functions that are needed to generate a self-perceived affective
response to any such stimuli are destroyed. Pain cannot be experienced
by brains that no longer retain the neural apparatus for suffering.(35)
But if the pain of the inability to breathe or the pain of starvation
and dehydration cannot be felt, then there is no reason at all to
support the contention that the removal of nutrition and hydration is
being done out of concern for the sufferings of the patient. It must,
therefore, be based upon something else; and what is that something else
if not the decision that the life of this particular patient is not
worth living? Sad to say, the intent is not to relieve suffering but,
rather, to cause the patient to die. Nor can it be argued that it is
merely the intention to "allow" the patient to die, rather
than to "cause his death." The patient in the persistent
vegetative state is not thereby in a terminal condition, since nutrition
and hydration and ordinary care will allow him to live for years. It is
only if that care is taken away and barring any other new disease or
debilitation that the patient will die. It is the removal of the
nutrition and hydration that brings about the death. This is euthanasia
by omission rather than by positive lethal action, but it is just as
really euthanasia in its intent.
There is a vast difference between allowing a terminal patient to die
and doing something to hasten the death. We find no moral problem in
those situations in which treatments are withdrawn because they have
become an excessive burden rather than a benefit to the terminal
patient. We find no moral problem in the withdrawing even of nutrition
and hydration from the patient if the supplying of them is futile or
excessively burdensome.(36) It is morally wrong, however, to take these
extreme cases and make them the norm for all cases of persistent
vegetative state patients, when treatment or care will allow that
patient to continue to live and will do so without a burden of excessive
pain or suffering. In such cases their removal is tantamount to passive
euthanasia (killing by omission).
Much of the contemporary discussion seems to have lost sight entirely
of the difference between allowing to die when no treatment or care can
any longer save the patient and murder by omission. Recalling the moral
truth that one is not obliged to employ means that are either futile or
too burdensome, but must never intentionally act against innocent human
life, we see a clear moral distinction between intending and allowing.
The latter is permissible in some circumstances those involving
extraordinary means the former is always immoral and therefore
forbidden.
CONCLUSION
As a general conclusion, in almost every instance there is an
obligation to continue supplying nutrition and hydration to the
unconscious patient. There are situations in which this is not the case,
but those are the exceptions and should not be made into the rule. We
can and do offer our sympathy and support to those who must make such
hard decisions in those difficult cases. We cannot and do not offer our
support to those who are willing to remove from patients the means of
sustaining nourishment on the ground that their lives are not worthy of
our continued care and concern.
Respect for personal autonomy is a basic principle of medical ethics.
This principle reinforces the duty of hospital personnel to secure the
consent of patients or their surrogates before initiating or
discontinuing treatment. It does not reduce them to mere functionaries
who can do no more than carry out the orders of the patient or the
patient's surrogate. The purpose of medicine is no more the mere
satisfaction of patients' or surrogates' desires than the purpose of
teaching is to give students only what they explicitly desire to learn.
As a student of medicine the physician has a knowledge of health and the
effects of disease. As a professional the physician is dedicated to
keeping patients healthy or, at least, to relieving their suffering.
When there are alternative treatments or courses of action, the
physician will lay out the advantages and disadvantages of the various
choices, and shows respect for the autonomy of patients not by merely
acceding to their wishes but by telling them the truth and enabling them
to make the right decisions. Neither the patient nor the surrogates of
the patient have the moral right to withhold or withdraw treatment that
is ordinary. Neither does the physician have the right to do so simply
because the patient or the surrogates ask or demand this. In this
perspective the physician responds to patient desires only if those
desires accord with the proper professional and moral judgment as to
what will promote the health, preserve the life or prevent the suffering
of the patient. The physician's duty has not been properly done if there
has been no effort to persuade the patient to follow the proper course
of action. If the patient decides to refuse excessively burdensome or
futile treatment, the physician may properly comply with that request.
If the patient decides to refuse ordinary treatment, there may, in some
instances, be little that the physician can do to prevent this, but
there remains at least the duty to attempt to persuade the patient
otherwise or, failing that, for the physician to remove himself from the
case so as not to be guilty of complicity in suicide.
It is important to recall that historically the practitioners and
researchers in medical science have steadfastly and, in some cases,
heroically striven to offer the very best of care to their patients. If
some solution to a medical problem were not available, they gave their
time, energies and sometimes even their lives and fortunes to find it,
to invent it, to discover some way to preserve their patients' lives and
alleviate their suffering. It is our hope that medical science will
remain faithful to this wonderful heritage which has been of inestimable
advantage to humanity. Using the talents that God has given them, those
who have dedicated their lives to providing health care to their fellow
human beings need to know that their work is respected and valued by all
of us. The fact that there remains so much to do, even though so much
has already been achieved, should not discourage them nor deter them
from the search for further solutions to problems that we still face.
New procedures may have to be found to resolve difficulties of suffering
and discomfort. Cost effective and affordable treatments and care need
to be developed so that the burden of caring for the ill will not
impoverish families nor add unreasonably to their burdens. Diagnostic
methods should be studied so that we can begin to ascertain with better
certainty the pain that may actually be suffered by the unconscious. The
tradition of health science shows that physicians and nurses have not
avoided solving problems which human sickness and disease have presented
in the past. We are confident that that same tradition will inspire
present and future health care providers to do the same.
We ask also that those in the judicial and legislative fields bring
their expertise to bear on these cases and that they will do so with
full attention not only to the law alone but to the basic norms of
morality and full respect for human life which ought to supply the
proper basis for good law. Because of new circumstances generated by
medical and scientific advances, there has been serious interest in
advance medical directives such as the living will and durable power of
attorney. It is quite reasonable to want to leave instructions regarding
one's own health care in the event of incapacitation. It is not
necessary to submit to procedures which are truly extraordinary or
futile. But we caution all those involved in legislation and judgment
that laws must have their true foundation in those same principles which
guide our moral decisions. Recent court opinions have come very close to
agreeing that simply because the patient wishes, nutrition and hydration
can be discontinued, even when there is not a question of something that
is overly burdensome or simply futile to the patient. The law and legal
decisions should never be such as to encourage the removal of the
essential means of life and thus yield to a clear intent to bring about
death and not merely to the willingness to yield to the fact of human
life that all must die and that the day will come for each of us when
this is inevitable. The laws must be just and must be based on
unequivocal principles which identify the taking of innocent human life
and make it illegal, with full recognition that it is already immoral.
We should be most cautious and develop these principles very carefully
since many of the arguments we have heard in favor of the removal of
nutrition and hydration from one group of patients, those in the PVS for
example, could easily be applied in the cases of other groups, such as
the retarded, the elderly, the incurably crippled, and any other whose
diseases modern medicine has not yet been able to cure. Naturally, it
would be irresponsible to stand by idly and let such a tragedy occur.
Finally, we appeal to those whose loved ones are in this sad state of
unconsciousness. We ask them to allow their pain to give life to an even
greater desire to serve those whom they love. We offer our support, our
consolation and our sympathy and we offer also our prayers and our
spiritual support. We ask them to trust in the mercy and goodness of God
in this situation just as they must do in every situation in life. We
join with them in accepting the joy and the burden of stewardship for
God's gift of life. We pray that they and we alike may hold lovingly to
the gift of life itself, so that when the time comes for us to leave
this world and enter into the fullest love of God, we may bring with us
that deepest love of life which begins here and finds its fulfillment
there.
NOTES
- Vatican II, Dignitatis humanae, 7 December 1965, n. 3.
Translation from Austin Flannery, O.P., Vatican Council II, The
Conciliar and Post Conciliar Documents, St. Paul Editions,
Boston, MA ((c)1975 by Harry J. Costello and Reverend Austin
Flannery, O.P.), p. 801.
- What we teach is firmly rooted in the religious conviction (widely
endorsed far beyond the Roman Catholic communion) that human life is
sacred, that it comes from God and that the direct and deliberate
taking of innocent human life is a most basic sort of moral wrong.
- The Congregation for the Doctrine of the Faith emphasizes the need
for science and technology to be at the service of the human person
in The Instruction on Respect for Human Life in Its Origin and On
the Dignity of Procreation, Vatican Polyglot Press, Vatican
City, 1987, p. 7.
- The terms "body" and "soul" as they are used
here are not, of course, medical terms. They are philosophical terms
which have been incorporated into the theological tradition in order
to express the reality of the spiritual and physical components
which together make up the whole person.
- A listing of various types of unconsciousness may be found in The
Merck Manual of Diagnosis and Therapy, Robert Berkow, M.D.,
Editor-in-Chief, Fifteenth Edition, Merck Sharp & Dohme Research
Laboratories, Rahway, New Jersey, 1987, pp. 1331-1335.
- "Uniform Determination of Death Act," President's
Commission For the Study of Ethical Problems in Medicine and
Biomedical Research, Defining Death, 1981, at 72-73.
- The Harvard criteria came from a study conducted at Harvard
Medical School in 1968. The criteria were not intended to replace
the classical indicators of death, but were developed specifically
for use in those cases where the determination of death might be
questionable. Basically, the criteria came down to the following:
(1) There should be total unawareness to externally applied stimuli,
even those which are painful. (2) Observations of at least one hour
by physicians reveal no spontaneous muscular movements or
spontaneous respiration or response to any stimuli. If a patient on
a mechanical respirator has normal carbon dioxide tension and has
been breathing room air through the respirator for at least ten
minutes, the respirator may be turned off for three minutes in order
to observe whether there is any spontaneous effort at breathing. (3)
There are no elicitable reflexes. The pupil is fixed and dilated and
does not respond to light or pinching of the neck. Ocular movement
and blinking are absent. There are no stretch, tendon, plantar or
noxious stimuli responses. (4) The proper administration of an
electroencephalogram (EEG) gives a flat reading. This criterion is
considered confirmatory, but is never a sufficient indicator in
itself. (5) All of these tests should be repeated 24 hours later,
with no change. (More recent versions of the criteria limit the time
to 12 or even 6 hours duration.) (6) The validity of these criteria
is also cast into doubt if the cause of the condition is hypothermia
or drugs which depress the central nervous system. [This summary of
the criteria is based upon the description given by Thomas J.
O'Donnell, S.J., in Medicine and Christian Morality, Alba
House, New York, 1976, pp. 112-114. Cf. "A Definition of
Irreversible Coma: Report of the Ad Hoc Committee of the Harvard
Medical School to Examine the Definition of Brain Death," in Journal
of the American Medical Association {hereafter referred to as
JAMA}, 205: 337-340, August 5, 1968.] That brain death includes loss
of total brain function, including that of the brainstem is
widely accepted. (Cf. Uniform Determination of Death Act,
1981; Fred Plum, M.D., and Jerome B. Posner, M.D. The Diagnosis
of Stupor and Coma, Third Edition, Third Printing,
(Philadelphia: F. A. Davis Company, 1982), pp. 315-316; Benedict M.
Ashley, OP, Kevin D. O'Rourke, OP Health Care Ethics, Third
Edition (St. Louis: Catholic Health Association, 1989), pp. 366-368.
- As Doctor C. Everett Koop points out, there is need for continuing
revision of norms for the determination of death. He says: "I
think the situation can be very briefly summarized this way: what
used to be called brain death wasn't brain death; it was the
cessation of electrical activity on the cortex or thinking part of
the brain as measured by electroencephalography. Today, brain death,
which has tremendous relationship to procurement of organs for
transplantation, means not only death of the cortex but total brain
death, including the brain stem." (C. Everett Koop, To Live
or Die? Facing Decisions at the End of Life, Servant Books, Ann
Arbor, Michigan, 1987, p. 41.)
- A brief description of states of unconsciousness may be found in The
Merck Manual, pp. 1331-1335. A slightly more detailed one is
given by Fred Plum, M.D., and Jerome B. Posner, M.D., The
Diagnosis of Stupor and Coma, Third Edition, Third Printing, F.A.
Davis Company, Philadelphia, PA, 1982, pp. 1-9.
- Even the Harvard Medical School committee, in its development of
the criteria for brain death, led to some confusion in its use of
the term "irreversible coma" as though this could be
equated with death. The comatose patient is not dead. One
could, however, excuse that lapse since the document was written
more than 20 years ago when there may still have been lacking some
of the refinement of terminology that has since emerged.
- Cf. Council on Scientific Affairs and Council of Ethical and
Judicial Affairs, "Persistent Vegetative State and the Decision
to Withdraw or Withhold Life Support," in JAMA, 263:
427, January 19, 1990. The text reads: "Abrupt loss of
consciousness usually consists of an acute sleep-like state of
unarousability called coma that may be followed either by varying
degrees of cognitive and physical recovery or by severe, chronic
neurological impairment. The stage of coma itself, however, is
invariably temporary and in progressive disease is often absent
altogether."
- The lack of function of the cerebral cortex is confirmed by the
lack of human behavioral responses and by the lack of normal
metabolic activity. The former can be seen by external observation,
the latter can be confirmed by the use of positron emission
tomography (PET scans), which measure the brain's use of glucose. It
should be noted that an EEG may offer evidence of cortical activity,
but it should also be kept in mind that the EEG is capable of
measuring activity only on the outer-most centimeter of the brain's
tissue. Even though current techniques for examining the condition
of the brain become increasingly sophisticated, it should be noted
that in many instances the real extent of brain damage cannot be
fully assessed until a post mortem examination can be done.
- It should be noted that this state is referred to as
"vegetative," but that this should not be taken to mean
that the person has become a "vegetable." This latter term
is often used in a pejorative sense, when, in fact, the word
"vegetative" refers rather to a level of functioning that
is at an involuntary level and is sufficient to continue vital life
processes, such as respiration, digestion, sometimes swallowing,
etc.
- That the PVS patient is not dead seems clear from the few
reported cases in which such patients have revived either
permanently or temporarily. On March 29, 1990, the Associated Press
reported the case of a patient in Madison, WI, who had been a PVS
patient for eight years and was accidentally revived when given a
dose of Valium during the course of dental work. Combinations of
drugs have kept him in lucid states for periods of 10 to 12 hours at
a time since then. Time (March 19, 1990, pp. 70-72) reported
the case of a woman whose husband had requested the courts for
permission to remove life sustaining equipment after doctors told
him that she was in persistent vegetative state. The courts refused,
and six days later she woke up and is now in normal condition,
except for some minor memory lapses.
- JAMA
, 263: 428, January 19, 1990.
- Ibid., p. 428.
- Relying on natural law and divine revelation, Catholic moral
teaching has identified two basic moral principles as expressive of
the moral truth regarding the preservation or taking of innocent
human life within the area of medical activity. The first of these
one is obliged to use every reasonable means to preserve
human life recognizes human limitations and poses the
non-absolute duty to pursue and promote human life. The second
one may never, for any reason, directly intend to take innocent
human life recognizes what is always in man's power, and
absolutely forbids intentional acts of killing. The first principle
makes possible the distinction made between extraordinary and
ordinary means in the Church's discussion of medical-moral issues.
It is this principle which allows us to recognize the fact that in
certain instances an already dying patient may be allowed to
die. The second principle forbids intentional acts of killing the
innocent such as: direct abortion, infanticide, murder, genocide,
suicide and euthanasia. (Cf. Gaudium et Spes, 27, 51) It
should also be noted quite carefully that such intentional acts may
involve either commission or omission. (Cf. Jura et Bona,
Declaration on Euthanasia, II).
- A history of the tradition of ordinary and extraordinary means can
be found in Daniel Cronin's The Moral Law in Regard to the
Ordinary and Extraordinary Means of Conserving Life (Dissertatio ad
lauream in Facultate Theologica Pontificiae Universitatis
Gregorianae), Rome, 1958. This work has been recently reprinted
by the Pope John Center, Braintree, MA, under the title, Conserving
Human Life, 1991.
- For a discussion of ordinary and extraordinary means see: Pope
Pius XII, "The Prolongation of Life," The Pope Speaks,
1958; O'Donnell, op. cit., p. 55; Sacred Congregation for the
Doctrine of the Faith, Jura et Bona, IV (Declaration on
Euthanasia), 5 May 1980; Ashley and O'Rourke, op. cit., pp. 380-384.
Although the terms "proportionate" and
"disproportionate" are used in Jura et Bona, in
place of "ordinary" and "extraordinary," we
agree with Ashley and O'Rourke that the terms ordinary and
extraordinary "are as accurate as any other terms when used
with a view to particular patients and with the realization that
from an ethical perspective, they have a different meaning than when
used from a medical perspective." (Cf. Health Care Ethics,
p. 382)
- The concept of "substituted judgment" comes into play
when one is unable to make necessary decisions for oneself. This is
clearly the situation in the case of the unconscious patient. Others
(e.g., immediate family members, relatives, legal proxy, etc.) are
asked to attempt to make the morally correct judgment that
the unconscious person would have made, had this been possible. This
does not imply that the judgment of the conscious person is simply
set aside and the judgment of another person is accepted in its
place. Rather, the purpose of the process is to consult with those
who presumably would have the best knowledge and insight into what
the patient would have desired had this judgment been within his
present capacity. It should be quite evident, however, that the
surrogate decision maker would not be making a correct moral
judgment if he were to concur in a suicidal intent on the part of
the now unconscious patient.
- Cf. Pope Pius XII, The Prolongation of Life op. cit. where
he notes: "Normally one is held to use only ordinary means
according to the circumstances of persons, places, times and
cultures that is to say, means that do not involve any grave
burdens for oneself or for another."
- It should be emphasized that in determining whether a particular
means is ordinary or extraordinary one measures the benefits and
burdens of the means for a particular patient. Therefore, the
application of the principle is always "case specific."
- Cf. Fred Plum, M.D., "Artificial Provision of Nutrition and
Hydration: Medical Description of the Levels of Consciousness,"
in Critical Issues in Contemporary Health Care, Pope John
Center, Braintree, MA, 1989, pp. 55-59. Cf. also Plum and Posner, op.cit.,
pp. 344-345. It should be pointed out, however, that there have been
cases of recovery even after periods of years, as noted earlier.
- It should be noted that the use of feeding methods other than oral
may sometimes be optional. Even when this is presented as needed for
the "convenience" of the staff, it should not be assumed
that this is necessarily meant in any self-centered way. Frequently
enough, what is convenient for the staff also makes it possible to
give each patient more overall attention and better care. It should
also be noted, however, that a patient should not be put on optional
methods of' feeding other than oral, and then have the
burdensomeness of these methods used as the excuse for discontinuing
feeding altogether, even when it may be possible to return to oral
feeding!
- Cf. Merck Manual, pp. 904-907.
- A standard method would be to introduce a catheter through the
wall of the chest and into the vena cava. This is a much more
serious process than we usually tend to imagine when we think of
intravenous injection. This is, in fact, a surgical procedure and
the proper placement of the catheter is verified by X-ray. Cf. Merck
Manual, pp. 907-91 1.
- One example of this distinction can be found in The Report of
the Pontifical Academy of Sciences on the Artificial Prolongation of
Life, 1985. The text of this report may be found in Origins,
December 5, 1985, and in Conserving Human Life, The Pope John
Center, Braintree, MA, pp. 305-307. The document reads, in part:
"By the term treatment the group understands all those medical
interventions available and appropriate in a specific case, whatever
the complexity of the techniques involved. If the patient is in a
permanent, irreversible coma, as far as can be foreseen, treatment
is not required, but all care should be lavished on him, including
feeding. If it is clinically established that there is a possibility
of recovery, treatment is required. If treatment is of no benefit to
the patient, it may be interrupted while continuing with the care of
the patient. By the term, "care," the group understands
ordinary help due to sick patients, such as compassion and spiritual
and affective support due to every human being in danger." Cf.
also Jura et Bona IV (Declaration on Euthanasia).
- The statement of the Pontifical Academy of Sciences is quoted in
the preceding note. The statement of the Pontifical Council has this
to say: "On the contrary, there remains the strict obligation
to continue by all means those measures which are called 'minimal,'
which are intended normally and customarily for the maintenance of
life (alimentation [feeding], blood transfusions, injections, etc.).
To interrupt these minimal measures would be equivalent, in
practice, to wishing to put an end to the life of the patient."
(Quoted by Orvifle N. Griese in Conserving Human Life, p.
172.)
- What is said here about pain can be verified by reading such
sources as: Michael P. McQufllen, M.D., "Can People Who Are
Unconscious or in the 'Vegetative State' Perceive Pain?" in Issues
in Law and Medicine, Spring 1991, Vol. 6, No. 4, pp. 373-383;
"Position of the American Academy of Neurology on Certain
Aspects of the Care and Management of the Persistent Vegetative
State Patient," in Neurology, 125 (1989), quoted by
Kevin O'Rourke, O.P., in "Should Nutrition and Hydration Be
Provided to Permanently Unconscious and Other Mentally Disabled
Persons?" in Issues in Law and Medicine, Fall 1989, Vol.
5, No. 2.; Council on Scientific Affairs and Council on Ethical and
Judicial Affairs, "Persistent Vegetative State and the Decision
to Withdraw or Withhold Life Support," in JAMA, 263,
January 19, 1990, pp. 426-429.
- Since there is no way in which we can enter into the mind of the
patient who is unconscious, we cannot offer definitive statements
about pain. Some authors would seem to indicate that there may be
pain. For example, we read "Pain is a complex phenomenon,
neither necessary nor sufficient to explain suffering. An analysis
of the neuroscience of pain leads to the conclusion that pathways
sufficient for the perception and modulation of pain need not rise
nor descend to levels generally thought necessary for consciousness.
Pain may be expressed not only in language, but also in autonomic
and motor behavior that can be shown to correlate in a linear
fashion with subjective pain sensation. Patients rendered
unconscious by anesthesia, or who recover from traumatic coma,
manifest memories of their time without consciousness. Although by
definition the unconscious patient cannot tell you that he perceives
pain, available data suggest that he may; therefore, you cannot know
that he doesn't." (McQuillen, op cit., p. 383.) Others,
however, would hold that such pain is impossible (cf. Council on
Scientific Affairs and Council on Ethical and Judicial Affairs,
"Persistent Vegetative State and the Decision to Withdraw or
Withhold Life Support," in JAMA, 263, January 19, 1990.)
- Sacred Congregation for the Doctrine of the Faith, Jura et
Bona, II (Declaration on Euthanasia), 5 May, 1980, translation
from Austin Flannery, O.P., Vatican Council II, More Post
Conciliar Documents, The Liturgical Press, Collegeville, MN ((c)
1982 by Harry J. Costello and Reverend Austin Flannery, O.P.), p.
512.
- In the medical literature itself there is clear and growing
evidence that even doctors are beginning to look at the killing of
patients as an alternative to treating or caring for them. In one
editorial piece in JAMA (259, January 8, 1988, p. 272,
"It's Over, Debbie"), a doctor describes his own
intentional killing of a suffering patient, who did not ask
him to do this. In a special article in The New England Journal
of Medicine (320, no. 13, pp. 844-849, "The Physician's
Responsibility Toward Hopelessly Ill Patients") ten of a group
of twelve authors (all medical doctors) concluded that "it is
not immoral for a physician to assist in the rational suicide of a
terminally ill person."
- Quoted by C. Everett Koop, M.D., Sc.D., "Decisions at the End
of Life," in Issues in Law and Medicine, Fall 1989, Vol.
5, No. 2, p. 226.
- Koop (op. cit., p. 227) quotes from Doctor Leo Alexander
writing in the New England Journal of Medicine in 1948 in
reference to the euthanasia program in Nazi Germany. Once any life
was deemed worthy of not living, then it merely became a question of
an authority which would determine just how many groups of people
would eventually fit into that category. Alexander wrote: "This
attitude in its early stages concerned itself merely with the
severely and chronically sick. Gradually the sphere of those to be
included in this category was enlarged to encompass the socially
unproductive, the ideologically unwanted, and finally all
non-Germans. But it is important to realize that the infinitely
small wedged-in lever from which this entire trend of mind received
its impetus was the attitude toward the nonrehabilitatible
sick."
- Council on Scientific Affairs and Council on Ethical and Judicial
Affairs, "Persistent Vegetative State and the Decision to
Withdraw or Withhold Life Support," in JAMA, 263,
January 19, 1990, p. 428.
- The supply of nutrition and hydration can rightly be judged an
extraordinary means because of futility, for example, when death is
imminent (provided it no longer serves even as a palliative); and in
cases where the patient is unable to assimilate what is being
supplied.
* This sentence was added in the 1999 revision.
Used with permission of the Pennsylvania Catholic Conference
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