Hospice
The patient had a terminal condition. That much was obvious. He was breathing so shallowly that I expected him to die at any moment.
"What kind of medical problem does he have?" I asked the home health aide who'd opened the apartment door for us.
"Cancer," she said in a Caribbean accent. "Cancer of the liver."
"Has it spread anywhere?"
"Yes, I think so." She went to the kitchen and returned with a stack of medical records. "Here you are. Everything you need is in here."
The chart contained so much information that I could focus only on the essentials: Hepatic tumor. Radiation therapy. Liver cancer. Surgery. Lung cancer. More radiation therapy. More surgery. And the most recent entry: Malignant tumors in both lungs. Inoperable.
The poor guy. It had been a rough six years. At least it was all coming to an end.
One of the EMTs knelt and took a blood pressure. He shook his head gravely. "Eighty over forty," he said.
"Does he have a Do Not Resuscitate order?" I asked the woman.
She stared at me blankly.
"Does he want us to keep him alive if he stops breathing? Did he ever say anything about that?"
"If he stops breathing, he said to let him die."
"Did he ever sign a form?"
The woman grinned. "Oh, yes! The form! I have it right here!" She flipped through the chart and eventually produced a photocopy of a living will that had never been signed.
"This is not valid," I told her.
She looked confused.
"This form is no good. There's supposed to be another form, a blue and white one, not a copy. It should have the signature of a doctor. The patient has to sign it."
The woman shook her head. "I have never seen any such form."
Meanwhile, the man was barely breathing at all. If we didn't find the DNR form soon, we'd have to resuscitate him, whether he wanted that to happen or not.
I spread the papers across the table. The EMTs joined in the search. We looked at every paper, but the DNR form was nowhere to be found.
"Hey, look at this," one of the EMTs finally said, holding up a paper. "It's a hospice enrollment form. And it's signed. This guy is a Hospice patient."
Hospice is an organization that provides education, counselling, and other services to terminally ill patients and their families. Since Hospice exists solely to help patients die, you'd think that the Hospice nurse, more than anyone else, would know how to complete the proper DNR forms.
Apparently not.
The nurse's oversight left us in a difficult position. The patient was dying. He did not want to be resuscitated. But because the proper paperwork had not been filled out, he would be kept alive anyway.
The man continued to breathe all the way to the hospital. We removed him from the ambulance and wheeled him into the emergency department. Two other patients on stretchers waited in line before us at triage. Before the nurse got around to us, the man stopped breathing.
One of the EMTs pressed the mask of an Ambu bag to his face. He squeezed the bag, inflating the man's lungs. The triage nurse waved us into a treatment room. The physician took one look at the emaciated patient and asked, "What's his DNR status?"
"He's got a living will, but it was never signed," the EMT with the Ambu bag said.
"No DNR form?"
"Nope."
"Shit. I guess we'll have to intubate him, then."
Doctors were paged. Nurses, too. And a respiratory therapist. A resident peered into the back of the man's throat with a laryngoscope. Somebody inserted an endotracheal tube. A ventilator began to whoosh.
The man was still alive.
I left the room furious at the hospice nurse. She had been hired for just one purpose: To help the man die. Instead, through her negligence, she had accomplished precisely the opposite, forcing him to remain alive against his will.
It was the saddest, most pathetic kind of irony.


12 Comments:
My aunt died of liver cancer. She had hospice care and it worked out really well. I don't understand why they even called for an ambulence if they were under the impression he had a DNR. What did she think was going to happen when you guys showed up? My sympathy to you. This poors man's suffering was prolonged needlessly but you all had no choice.
Jill
Thanks, Jill.
I've lost track of the number of times over the years that people have called us because a terminal relative has died--and then got angry at us because we had to initiate resuscitation. It's incredible, I know, yet it happens--with scary frequency.
Before Hospice became popular, some doctors worked around the system, using technicalities to accomplish their patients' goals. If a patient didn't want to be kept alive, the doctor would counsel the family to wait an hour before calling 911. That way, by the time we arrived, the patient was non-viable, and we could legally pronounce him dead.
These days, we don't have to respond at all if Hospice is involved. As long as the Hospice nurse has had special training, she can sign the death certificate herself (rather than the family doctor), meaning that we don't have to come to the scene to declare the patient dead. The Hospice nurse is authorized to call the funeral directly for removal of the body.
In this case, though, it all fell apart. It would have quite simple if only the Hospice nurse had remembered to have the DNR signed.
It pains me to have to go against a patient's wishes purely because of a technicality. But sometimes, as you correctly point out, we have no choice.
I'm glad that your aunt had a better experience.
This reminds me of a particularly awful call about 10 years ago, before Comfort Care and other such out-of-hospital DNR programs came into play.
It was the day before Christmas, and our BLS squad was dispatched to a private residence for an "unknown medical." We arrived to find the patient not breathing, surrounded by about 8 members of his immediate and extended family, arguing loudly in Armenian. Most spoke little to no English. Some wanted the patient resuscitated, some didn't (to the point of trying to push us out of the house). His wife kept screaming "D-N-R," but there was no paperwork... at the time, even if she did have a signed DNR, it would not have applied outside of the facility it was signed in/for.
We had no choice but to get the BVM and get started with it. PD and ALS arrived within a few minutes... The former started on "crowd control" while the latter intubated. As we took him out of the house, some members of the family screamed at us angrily... it was not a good situation for anyone involved.
It's great that we now have legal pathways that allow EMS workers to respect a patient's wishes... but it's so sad in cases like this post, in which it's not properly used.
Yeah, the hospice team fouled up. Very true, very sad, very stupid. Very hard for you and your team. One of the real benefits of hospice, when it works, is that there's someone to call besides 911 when things go wrong.
But the ER doc didn't *have* to do anything. You did - you have a legal requirement - but the doc has the right to stop the effort at whatever point s/he deems it medically appropriate to stop. In that situation, CPR is never effective. Never. So the doc has every right - and in my view, every responsibility - to stop.
Too many of my colleagues don't get that. Even when I was a resident, I knew it. When a patient was a full code, it required a nurse to initiate the code blue protocol. It did *not* require me to continue once I felt that meaningful recovery was unlikely. In a patient with advanced cancer, that meant I stopped as soon as I walked into the room, and then told the family truthfully that we'd done all we could.
CPR works really well in the situation for which it was developed: sudden death in the setting of an acute cardiac event. It's the most frequently misused medical procedure in the world.
To Eric Jay: Thanks for the story. I really enjoyed it.
To Jay: I agree with you completely. I didn't mention in the post that it was the ED physician who insisted on ventilating the patient when he finally stopped breathing. This made no sense to me, because, as you correctly point out, EMS personnel are bound by an extremely simple prehospital DNR protocol, while physicians are permitted to think for themselves. The only answer I ever received was, "We've got to do this." Go figure.
Thanks for your input, both of you.
When I worked for a private, many times we would pick up Hospice patients at home and bring them to the Hospice inpatient unit.
I would always ask for the DNR paperwork, and invariably the response would be "Oh, it's all waiting for him at the unit."
"Then you must realize that if he dies enroute, I'm required to run the code and bring him to an ER."
"WHAT???"
Eventually my partner and I developed a policy- no matter what happened in the back of the truck, the patient was alive on arrival at Hospice.
"Transported without incident" is a wonderful phrase."
This is always a terrible matter for us. Torn between what is legally right and what we consider morally right. I've worked EMS in 3 states and where I am in Charleston SC we have a high # of these incidents. What I've taken to do is get in touch with the hospice care team leader and get the ER doc on the line and explain the situation to all parties while rendering pallative care. most of the time the hospice team can fax a copy to the ER, and the ER doc orders a cessation of resucitative efforts. I know it walks the line but I'd rather stand on that fence than have a family go through the agony of seeing the suffering of their loved one. I've done this and if it is wrong I will be judged, but I will do it again!!! rule #1- do no harm (think about the whole picture)
My dad died of cancer, and he had home hospice services. On the morning of the day he died, my mom called the hospice service to let them know he was starting to be minimally responsive and doing that shallow breathing, so to let the person on-call know that she'd probably be calling some time soon to have the paperwork done and funeral home dispatched. The staff who answered the phone was like, "OK, we'll call 911 and send over an ambulance right away." WTF? My mom started screaming at them, why on earth would they do that? Aren't they a home hospice program? The hospice person was just the person answering the phone and wasn't familiar with my dad, so she had a million questions, and my mom eventually convinced her that we had a DNR order and plenty of pain meds and everything at the house, because we were DOING HOME HOSPICE, and she finally agreed not to call the ambulance. We're all in the helping professions and understand that the woman's response was to first make sure all their liability was covered, but it really was pretty upsetting that we had all the arrangements made for him to die peacefully on his couch surrounded by family and friends, yet my mom called to leave a message for his nurse and ended up having some woman threatening to send an ambulance over to intrude upon our family and our ritual.*
*No offense to ambulances, obviously, when they're needed. Aside from disrupting our family's process, just think how much time and resources this would have wasted if they'd hauled him to the ER. Especially when arrangements had been made for him to legally stay at home.
To Anonymous:
You prove my point well--that the very people who should know the most about these issues often don't understand them at all.
To Eeka: On behalf of ambulances, no offense taken. This issue is almost as frustrating to EMTs and paramedics as it is to patients and their families. It doesn't affect us as deeply, of course, but it's infuriating to see lives disrupted by the same kinds of errors and misunderstandings, over and over again, as your family was.
Sorry to hear about your experience.
TS. In your area, are you permitted to call command to receive orders to honor the DNR, eventhough the paper work was incomplete. In my area that is the case. Sometimes, a ER docs discretion is wonderful.
Jeff, Medic from PA
Anonymous:
Sorry I didn't reply sooner; when comments are left on older posts, I don't often see them.
No, we can't do that--but it's not about our system, it's because of the state's regulations.
This is one way that Massachusetts has taken a great leap backward. Years ago we, too, could get radio orders from a physician to honor a DNR. But then the state, in its infinite wisdom, passed a regulation specifying that only a state-issued DNR form could be honored by EMS personnel--and no other DNR form. If the patient has a state-issued DNR, fine; we can withhold or terminate resuscitation. If not, then there's no point in calling to ask the doctor, because it would be illegal for us to honor a non-state-issued DNR, even with a doctor's permission.
It's a screwy system, but that's the way it is.
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