
Withholding
food and water
Terri
Schiavo, a Florida patient who existed for the last 15 years
in a persistent vegetative state (PVS) died last
Thursday. In 1990 a chemical imbalance, brought
on by an eating disorder caused her heart to stop beating
and subsequently cut off oxygen to her brain.
A persistent vegetative state is a term of consensus,
not unanimity, among neurologists. Consensus also marks the
following medical judgments or assessments relating to the
condition A person in PVS is capable of a reflexive response
to a stimulusbut is unaware. PVS is not a state of coma
which is a state of unconsciousness and inability to be aroused.
People in PVS are not brain dead, but feel neither hunger,
thirst nor pain. They can breathe without a respirator and
their open eyes can appear to track a moving objectas
Schiavo did, to the great surprise of onlookers. A vegetative
state caused by lack of blood or oxygen delivery to the brain,
which has gone on more than five years is considered permanent.
Over the same 15-year period a fierce legal battle over whether
to sustain or withdraw (or reinsert) the tube that provides
Schiavo with nutrition and hydration (food and water)
divided her parents and her estranged husband. The legal battle
was all but over, in the husbands favour (against re-inserting)
just before she died, but the ethical divide, not just in
the Schiavo household but in the wider society, remains as
wide and unrelenting as ever.
How is the ethical obligation to treat patients like Schiavo
described?
In the case of both competent and incompetent patients, whether
medical treatment is ethically obligatory, non-obligatory,
or optional, depends on a calculus of benefits and burdens.
If the benefits outweigh the burdens, the basic medical obligation
always to heal, not to harm, is obviously operational. If
no reasonable hope of benefit exists, all expense, pain, or
other inconvenience becomes excessive, and there is no obligation
to treat. If a reasonable hope of benefit exists, along with
significant burdensomeness, treatment is optional.
Competent patients, of course, retain the right to make decisions
for themselves about treatment in the light of their own assessments
of burdens and benefits.
Application of these distinctions to Schiavo presumes that
medically-administered nutrition and hydration is a form of
medical treatment. This is the view of some professional codes,
philosophical arguments, and the US Supreme Court, but not
everyone, including Schiavos parents agrees. They regard
it as nonmedical sustenance, which imposes a standard human
obligation. On this understanding, withholding nutrition and
hydration amounts to starvation.
As the late English philosopher GEM Anscombe once bluntly
put it: For willful starvation there can be no excuse.
The same cant be said quite without qualification about
failing to operate or to adopt some course of treatment.
C Everett Koop, a former US Surgeon General, similarly views
withholding nutrition and hydration as an intentional act
of killing that amounts to active euthanasia, because it causes
a preventable death.
Advocates of nutrition and hydration as sustenance argue on
three fronts. First, they claim that the provision is required
because it is necessary for the patients comfort and
dignity.
Secondly, theres the matter of the procedures
symbolic significance. Feeding the hungry is a response to
a fundamental human claim, and a clear symbol that human life
is inescapably social. We are our brothers and sisters
keepers, especially when they are incompetent to keep themselves.
Thirdly, withholding nutrition and hydration will lead us
down a slippery slope. Death with dignity will become under
pressures of undertreatment the obligation to die.
These arguments merit serious consideration, but they are
not finally persuasive. Nutrition and hydration procedures
themselves sometimes involve discomfort and indignity, such
as pain from a central IV and physical restraints which prevent
patients from removing lines or tubes. It is also misleading,
if one goes by the neurological consensus, to project the
common experience of hunger and thirst on patients in PVS.
Such patients feel neither hunger, thirst nor pain. This provides
no leave to starve them. The issue is whether
or not it provides sufficient medical justification for keeping
them alive.
The fears underlying the third argument are more troubling
because of uncertainties regarding whether lines can be drawn
and maintained in order to prevent abuses. Vulnerable patients
are particularly at risk here, eg those in nursing homes.
In making decisions on their behalf caregivers should remind
themselves that the protection of the weakest is an essential
component of the social contract. But again, this does not
mean that provision of nutrition and hydration should be obligatory
in all circumstances.
From a practical point of view, the Schiavo dilemma highlights
the importance of having either a living will or a durable
healthcare power of attorney. One difficulty here of course
is that no 20-year old ever thinks that they need either.
But had Schiavo chosen one of these options to give some indication
of her wishes under circumstances similar to what befell her,
no legal or ethical dispute would have followed.
A second perhaps more important issue raised by the dilemma
is that of quality of life. Some forms of life in medical
extremity seem worse than death. In those situations what
medical technology seems to be able to do is to prolong vitalism,
not life in any sense we would recognise as worthy of the
name. How can one describe the ethical obligation, if there
is one, to prolong vitalism?
The Schiavo situation has generated much talk about the need
to promote a culture of life. With the general
trajectory of this vision, I entirely agree. But general appeals
to a culture of life are no substitute for the hard analysis
and decision-making often entailed in determining whether
this or that is an instance of life that should
be promoted. There is often a tragic calculus involved in
these determinations, and generalities here do not provide
much help.
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