Professional Documents
Culture Documents
The history of CPR and DNAR orders is extensively reviewed in the literature (Bishop
et al., 2010; Burns et al., 2003). In the 1960s, CPR was initially performed by
anesthesiologists on adults and children who suffered from witnessed cardiac arrest
following reversible illnesses and injuries. Based on the success of this intervention,
CPR became the standard of care for all etiologies of cardiopulmonary arrest and
the universal presumptive consent to resuscitation evolved (Burns et al., 2003).
However, in 1974, the American Heart Association (AHA) recognized that many
patients who received CPR survived with significant morbidities and recommended
that physicians document in the chart when CPR is not indicated after obtaining
patient or surrogate consent (ibid). This documentation formally became known as
the DNR order. Recent medical literature encourages reference to this
documentation as do-not-attempt-resuscitation (DNAR) and allow a natural death
(AND) based on the practical reality that performing CPR is an attempt to save life
rather than a guarantee (Venneman et al., 2008).
Since the original inception of DNAR orders, respecting the rights of adult patients
and their surrogates to make medical decisions, otherwise known as respect for
autonomy or respect for persons, has been emphasized. This concept is reinforced
legally in the Patient Self Determination Act of 1991, which requires hospitals to
respect the adult patients right to make an advanced care directive and clarify
wishes for end-of-life care. In general, an emphasis on improving communication
with patients and families is preferred over physicians making unilateral decisions
based on appeals to medical futility regarding the resuscitation status of their
patients. See below.
Not all patients have Advance Care Plans. Under these circumstances, a surrogate
decision maker who is close to the patient and familiar with the patients wishes
may be identified. Washington state recognizes a legal hierarchy of surrogate
decision-makers, though generally close family members and significant others
should be involved in the discussion and ideally reach some consensus. Not all
states specify a hierarchy, so check your state law. Washingtons hierarchy is as
follows:
Determining the potential for direct medical benefit can be challenging, especially
when there is great uncertainty in outcome. One approach to defining benefit
examines the probability of an intervention leading to a desirable outcome.
Outcomes following CPR have been evaluated in a wide variety of clinical situations.
In general, survival rates in adults following in-hospital cardiac arrest range from 839% with favorable neurological outcomes in 7-14% of survivors (Meaney et al.,
2010). In children, the survival rate following in-hospital cardiac arrest is closer to
27% with a favorable neurological outcome in up to one third of survivors (AHA,
2010). Out of hospital arrest is less successful, with survival rates in adults ranging
from 7-14% and in infants and children approximately 3-9% (Meaney et al., 2010;
Garza et al., 2009). In general, these statistics represent the population as a whole
and do not necessarily reflect the chance of survival for an individual patient.
Hence, multiple factors, including both the distal and proximal causes for
cardiopulmonary arrest, must be considered to determine whether or not CPR has
the potential to promote survival (Bishop et al., 2010).
CPR might appear to lack potential benefit when the patient's quality of life is so
poor that no meaningful survival is expected even if CPR were successful at
restoring circulatory stability. However, quality of life should be used with caution in
determining whether or not CPR is indicated or has the potential to provide medical
benefit, for there is substantial evidence that patients with chronic conditions often
rate their quality of life much higher than would healthy people. Quality of life
assessments have most credibility when the patients values, preferences, and
statements inform such assessments.
Many hospitals have policies that describe circumstances under which CPR can be
withheld based on the practical reality that CPR does not always provide direct
medical benefit. Two general situations justify withholding CPR:
When CPR will likely be ineffective and has minimal potential to provide direct
medical benefit to the patient.
When the patient with intact decision making capacity or a surrogate decision
maker explicitly requests to forgo CPR.
How are DNAR Orders Written?
These conversations are difficult and involve a careful consideration of the potential
likelihood for clinical benefit within the context of the patient's preferences.
Physicians can most effectively guide the conversation by addressing the likelihood
of direct benefit from cardiopulmonary resuscitation within the context of the overall
hopes and goals for the patient. They can then partner with the patient and his or
her family to determine the clinical interventions that most effectively achieve these
goals (Blinderman et al., 2012). This approach is described by the palliative care
literature as a goal oriented approach to providing end of life care.
If health care providers unanimously agree that CPR would be medically futile,
clinicians are not obligated to perform it. Nevertheless, the patient and/or their
family still have a role in the decision about a Do Not Attempt Resuscitation (DNAR)
order. As described earlier, involving the patient or surrogate decision maker is
essential to demonstrate respect for all people to take part in important life
decisions.
In many cases, patients or surrogate decision makers will agree to forgo attempting
CPR following a transparent and honest discussion regarding the clinical situation
and the limitations of medicine. Under these circumstances, DNAR orders can be
written. Each hospital has specific procedures for writing a valid DNAR order.
What if CPR is not futile, but the patient wants a DNAR order?
In some cases, patients may request their desire to forgo attempting CPR at the
time of admission. Some of these patients may have an advanced care directive
that indicates their preferences to forgo attempting CPR. In other cases, a patient
may explicitly request CPR not to be performed. If the patient understands her
condition and possesses intact decision making capacity, her request should be
honored. This position stems from respect for autonomy, and is supported by law in
many states that recognize a competent patient's right to refuse treatment.
Ethicists and physicians are divided over how to proceed if the family disagrees with
the recommendation to forgo attempting CPR.
Slow codes and show codes are forms of symbolic resuscitation. A slow code is
an act performed by the health care providers that resembles CPR yet is not the full
effort of resuscitation while a show code is a short and vigorous resuscitation
performed to benefit the family while minimizing harm to the patient (Frader et al.,
2010). Slow and show codes are ethically problematic. In general, performing slow
and show codes undermines the rights of patients to be involved in clinical
decisions, is deceptive, and violates the trust that patients have in health care
providers.
Special Circumstances
Advance care planning is the process as outlined above. Advance directives usually
are the written documents designed to allow competent patients the opportunity to
guide future health care decisions in the event that they are unable to participate
directly in medical decision making. (See discussion below of Advance Directives.
For related discussion, see Termination of Life-Sustaining Treatment.)
Verbal directives may be ethically valid, but most patients and health care providers
prefer written, official documentation. If official forms are not used, health care
providers should document the result of their advance care planning conversations
in a medical record progress note.
What are the goals and expected outcomes of advance care planning?
The goals of advance care planning are four-fold. These goals reflect respect for the
principles of patient autonomy (right to self-determination in light of personal
interests including goals, preferences, and concerns for ones family), beneficence
(promoting good) and non-maleficence (avoiding harm). In the event of decisional
incapacity, they are to:
Maximize the likelihood that medical care serves the patients goals,
Minimize the likelihood of over- or under-treatment,
Reduce the likelihood of conflicts between a patients spokesperson, family
members and health care providers, and
Minimize the burden of decision making on the spokesperson and/or family
members.
As a health care provider who engages her patients in advance care planning, you
can expect to better understand your patients views about who they want you to
communicate with when health care decisions are required and they can no longer
participate in decisions, their goals for medical treatment and care under situations
in which they cannot participate in decisions, their preferred approach to end-of-life
care, and their hopes (e.g., to live longer, to have quality relationships with loved
ones), as well as their fears about medical interventions (e.g., permanent loss of
cognitive functioning, loss of dignity). During the advance care planning process the
provider may want to discuss patient preferences for treatment and care if a patient
has an illness with known possible sequelae. For example, someone with mild
dementia may be able to state if she would want to receive antibiotics and be
hospitalized if she developed pneumonia at a time when she could no longer
provide self-care or recognize family members. In addition, you can expect to have
a discussion that clarifies misunderstandings. For example, patients often think that
cardiopulmonary resuscitation is successful 80% of the time, that mechanical
ventilation is a fancy word for nasal prongs, and that coma patients still have the
ability to enjoy life. These discussions also may reveal patients treatment
preferences that fall outside standard practices in medicine (e.g., herbal remedies,
medically futile treatments). When these occur, they provide opportunities to
negotiate about culturally sensitive approaches to health care and establish limits to
patient autonomy based on professional standards.
You can also expect to have better communication with patients family members or
loved ones because there should be enhanced shared understanding of patient
values and wishes. Thus, you can expect to have fewer conflicts with family
members about the approach to end-of-life care.
Advance directives will not be the outcome of most advance care planning.
However, advance care planning may lead to completion of a Physician Order for
Life Sustaining Treatment (POLST) form, an order that reflects the patients goals
and wishes for inpatient and outpatient medical care. (See Advance Directives and
Additional Readings below.) At a minimum, patients should become familiar with the
concept and rationale for advance care planning. Some patients will want to mull
things over, whereas others will want to discuss the topic with their close friends or
family and health care providers. Fewer will be ready to sign documents and even
fewer will be interested in personalizing their advance directives (e.g., attaching
additional information, such as worksheets that characterize values and
preferences) so that they are clear and contain pertinent information with clinical
relevance.
Unlike health promotional activities that are targeted to select populations based on
cost-effectiveness research, asking about interest in advance directives and
advance care planning has been recommended for newly admitted patients to
health care organizations. This is recommended by the Patient Self-Determination
Act of 1991 and The Joint Commission, and it has led to including a standard set of
questions at hospital admission.
You can raise advance care planning as one of many health promotion activities.
These discussions are aimed at avoiding harms (over- and under-treatment), and
promoting benefits (treatments tailored to the patient's goals). You should reassure
the patient that raising this issue does not mean that there is something unspoken
to worry about. You also may tell the patient that this topic is difficult for many
patients and that you will understand if she does not want to come to any
conclusions during this discussion. You may want to refer the patient to one of
several reputable internet based advance care planning sites to stimulate further
thought and preliminary steps in advance care planning (see Additional Readings)
Are there some questions or aids that I could use for advance care planning?
When having a discussion about advance care planning, the following questions are
recommended:
Who should speak on your behalf if you become so sick you can't speak for
yourself?
Are there any circumstances that you've heard about through the news or TV where
you've said to yourself, "I hope that never happens to me or I would never want to
live like that?" If so, what are they and why do you feel this way about them?
For each of the circumstances that you just identified, what do you think should be
the goals for your care? For example, should the goal of care be to prolong your
life, improve or maintain your function and/or quality of life, provide comfort care, or
something else?
For other situations in which you would not be able to communicate your
preferences, such as [to be provided by the clinician], what do you think should be
the goals for your care? For example, should the goal of care be to prolong your life,
improve or maintain your function and/or quality of life, provide comfort care, or
something else?
Are there any life-sustaining treatments that you know you would want to receive
regardless of the circumstances, or would not want to receive under any
circumstances? If so, what are they and why do you feel this way about them?
Some people have more concerns about the way they will die or dying than death
itself. Do you have any fears or concerns about this?
In the event that you are dying, where do you want to receive your health care?
Should your current preferences be strictly applied to future situations or serve as a
general guide to your spokesperson or family member(s)?
An alternative approach after introducing the topic of advance care planning is to
suggest that the patient review an existing advance care planning educational
resource and utilize issues presented in its content to guide discussion and/or
worksheets when available to append to an advance directive. (See Additional
Readings)
How should I advise a patient if she doesn't have anyone to name as a proxy?
You should inform the patient that the best course of action under these
circumstances is to write down her wishes and give a copy to her health care
providers. She should fill out a legal form, such as a living will, with as much detail
as possible, and then include more detailed values and preferences to provide a
better understanding of her wishes. Copies of completed documents should be
provided to every health care clinic/facility where the patient receives care
How should I advise a patient if he believes that some family members will disagree
with his wishes?
The patient should be informed that the best way to prevent disagreements is to
communicate with everyone ahead of time to let them know who has been chosen
as a spokesperson and what kind of approach to health care he wants.
In the ideal doctor-patient situation the primary care physician should initiate
discussion when the patient is not acutely ill. However, this often is not the case and
therefore these discussions frequently occur in the hospital setting. Regardless of
the setting, good medical practice includes having these discussions. Thus, medical
students and residents should engage the patients they are caring for in these
discussions. If the patient has been recently diagnosed with a terminal or life
changing condition, has severe depression, demonstrates paranoid ideation, or is
suicidal, you should ask the responsible attending physician whether this is an
appropriate time to raise these issues. Otherwise, you should initiate the
discussions and request faculty support (such as role modeling or mentoring) if
needed. You should review the framing of the discussion and the patient's views
with the attending physician responsible for the patient's overall care.
Advance Directives
Advance directives were officially inaugurated in 1977 with passage of the Natural
Death Act in California. The law allowed patients to direct their physicians to
withhold or withdraw life-sustaining treatment when they were terminally ill and
death was imminent. In 1992, Washington State passed a similar Natural Death Act.
Originally, it only applied to persons who were terminally ill and for whom death was
imminent. However, it was later amended to include persons in permanent
unconscious conditions and expanded to apply explicitly to discontinuation of
artificial hydration and nutrition.
A 1991 federal law, the Patient Self-Determination Act, requires that patients are
informed about their right to participate in health care decisions, including their
right to have an advance directive. Advance directives fall into two broad
categories: instructive and proxy. Instructive directives allow for preferences
regarding the provision of particular therapies or classes of therapies. Living wills
are the most common examples of instructive directives, but other types of
instructive directives, such as no transfusion and no CPR directives are also
employed. The proxy directive, generally a Durable Power of Attorney for Health
Care (DPAHC), allows for the designation of a spokesperson or surrogate medical
decision maker of the patient's choosing. This surrogate decision maker (often
referred to as a health care agent) makes health care decisions for the patient in the
event she is incapacitated.
Although not actually an advance directive, many states have adopted the use of
life-sustaining treatment order forms to facilitate communication about end-of-life
wishes with regard to the use of treatments. Most prominent and a model for many
states is the POLST, physicians orders for life-sustaining treatment. These orders
stay with the patient and are designed to direct care both in the home and
outpatient settings, and are used sometimes to facilitate transfers within the
hospital.
The major ethical argument for the use of instructive directives, such as a living will,
appeals to the ethical principle of autonomy. The principle of autonomy requires
physicians to respect the wishes of competent adult patients. Even after a patient
loses the capacity to be autonomous, we can continue to respect autonomy by
abiding by the patients prior expressed wishes. In this way, patients can continue
to participate (indirectly) in their medical care decisions even if they become
decisionally incapacitated, i.e., unable to make informed decisions. Instructive
directives may extend individual autonomy and help ensure that future care is
consistent with previous desires. The living will was created initially to help prevent
unwanted, invasive medical care at the end of life. However, the living will also
attempts to ensure that patients receive the treatment they want, which may be
invasive, end-of-life care. Most importantly, the living will tries to promote patientcentered care.
state law usually designates the order of surrogate decision makers, usually other
family members. In Washington State the order of hierarchy is codified in
RCW7.70.065. By designating a health care agent through a DPAHC, the patient's
choice of a surrogate decision maker supersedes that of the state. A legal surrogate
is particularly valuable for persons in non-traditional relationships or without close
family. The health care agent need not be a relative of the patient, though this
person should have close knowledge of the patient's wishes and views.
Advance directives are recognized in one form or another by legislative action in all
50 states (in Washington, see RCW 70.122). If the directive is constructed according
to the outlines provided by pertinent state legislation, they can be considered
legally binding. In questionable cases the medical center's attorney or ethics
advisory committee can provide guidance on how to proceed (see also the topics
Law and Ethics and Ethics Committees).
It is best to ask a patient early in his care if he has a living will or other form of
advance directive. Not only does this information get included in the patient's chart,
but by raising the issue, the patient has an opportunity to clarify his/her wishes with
the care providers and loved ones.
However, advance directives take effect only in situations where a patient is unable
to participate directly in medical decision making. Appeals to living wills and
surrogate decision makers are ethically and legally inappropriate when individuals
remain competent to guide their own care. The assessment of decisional incapacity
may be difficult at times, is thought to be a responsibility of most physicians, but
sometimes may require a psychiatric evaluation.
Some directives are written to apply only in particular clinical situations, such as
when the patient has a "terminal" condition or an "incurable" illness. These
ambiguous terms mean that directives must be interpreted by caregivers. Some
more recent types of instructive directives have attempted to overcome this
These are complex and sensitive situations and a careful dialogue can usually
surface many other fears and concerns. However, if the family merely does not like
what the patient has requested, they do not have much ethical authority to sway
the team. If the disagreement is based on new knowledge, substituted judgment, or
recognition that the medical team has misinterpreted the living will, the family has
much more say in the situation and most hospitals would defer to the family in
these situations. If no agreement is reached, the hospital's Ethics Committee or
Ethics Consultation Service should be consulted.
Living wills generally are written in ambiguous terms and demand interpretation by
providers. Terms like "extraordinary means" and "unnaturally prolonging my life"
Living wills cannot cover all conceivable end-of-life decisions. There is too much
variability in clinical decision making to make an all-encompassing living will
possible. Persons who have written or are considering writing advance directives
should be made aware of the fact that these documents are insufficient to ensure
that all decisions regarding care at the end of life will be made in accordance with
their written wishes. Moreover, the language that is often employed in advance
directives is frequently imprecise. What seems clear to the author may seem cloudy
to others when reviewed in a clinical situation. A partial remedy to this limitation is
to strongly encourage patients to communicate preferences and values to both their
medical providers and family/surrogate decision makers, and to encourage them to
identify a health care agent (through a durable power of attorney for health care)
where appropriate.
DNR Protocol
DNR orders given at the Cleveland Clinic shall invoke a protocol hereinafter referred
to as the DNR Protocol. The DNR Protocol has been adopted by the Ohio Department
of Health as appropriate for statewide use and requires that emergency care and
other health care providers:
WILL suction the airway, administer oxygen, position for comfort, splint or
immobilize, control bleeding, provide pain medication, provide emotional support,
and contact other appropriate health care providers, and
WILL NOT administer chest compressions, insert an artificial airway, administer
resuscitative drugs, defibrillate or cardiovert, provide respiratory assistance (other
than suctioning the airway and administering oxygen), initiate resuscitative IV, or
initiate cardiac monitoring.
Types of DNR Orders
The diversity of patients, illnesses, and therapies requires that DNR orders be
adaptable to specific circumstances. To ensure flexibility three types of DNR orders
may be given for Cleveland Clinic patients:
DNR Specified
All other DNR orders are "DNR Specified" orders. DNR Specified orders modify the
DNR Protocol in some respect, either in treatment modalities or in the timing of the
protocol activation. DNR Specified orders cannot be made portable and given effect
outside the Cleveland Clinic.
Although any physician and certain nurse practitioners legally may give DNR orders
in Ohio, at the Cleveland Clinic only a patient's primary physician may give a DNR
order. The primary physician is generally the first physician listed on the patient's
data card. Primary physicians may delegate to physician residents the authority to
record a DNR order in the medical chart.
The words "DNR Comfort Care," "DNR Comfort Care-Arrest," 'or "DNR Specified"
should be recorded on the "left-hand side" of the medical chart (where advance
directives are maintained) along with the date, time, rationale for the DNR order,
the names of the patient and/or family members involved in the decision, and a
statement that the patient and/or surrogate was fully informed about and consented
to the DNR order. If a DNR Specified order is recorded, the modifications to the DNR
Protocol should be specified in the medical chart, as well as the desired timing of
the activation of the modified Protocol.
DNR decisions for inpatients should be transmitted clearly to those caring for the
patients. A DNR order should never result in the abandonment of a patient, and
steps should be taken to assure that abandonment is not perceived.
All Cleveland Clinic inpatients for whom a DNR order has been given will wear a
Cleveland Clinic DNR identification wrist bracelet. Such identification is intended to
facilitate communication and direct care to comply with DNR orders previously
given, especially in emergencies. Cleveland Clinic DNR identification bracelets will
be uniform in color and style. They will contain the inpatient's name, Cleveland
Clinic patient history number, and the preprinted designations of the three types of
DNR orders. The type of DNR order given for a particular inpatient will be
holepunched through that patient's bracelet. All Cleveland Clinic inpatients who
have a DNR order will wear a Cleveland Clinic DNR identification wrist bracelet
regardless of whether they are also wearing a state-approved DNR bracelet (see
Ohio Portability Rules below).
An informational pamphlet which explains Cleveland Clinic's policy and Ohio law
regarding DNR orders will be available to all Cleveland Clinic inpatients and
outpatients who have a DNR order. The pamphlet will include explanations of the
types of DNR orders at the Cleveland Clinic, the use of the Cleveland Clinic DNR
bracelet, the status of DNR during invasive procedures, the manner in which DNR
orders may be revoked, and Ohio's DNR portability regulations. The pamphlet will
encourage patients and family members to ask their physicians any questions they
may have about DNR.
review, the status of the DNR order during the perioperative period should be
affirmed, clarified, or modified based on the preferences of the patient. Any
clarifications or modifications should be documented in the medical chart along with
a notation indicating if or when the original DNR order should be reinstated.
Concurrence on these issues by the primary physician, the surgeon, and the
anesthesiologist is desirable. The Cleveland Clinic DNR bracelet should not be
removed during the perioperative period, even if the DNR order has been
temporarily modified.
In the event of a conflict between one of the three types of DNR orders and an
advance directive which has become effective because a person is unable to
communicate and is terminally ill or permanently unconscious, the instructions from
the document (or person named as an Attorney-in-Fact) ranked higher in the
following list shall prevail:
The three types of DNR orders are for use within the Cleveland Clinic and probably
would not be honored outside the Cleveland Clinic. However, some patients wish to
have DNR orders travel with them, or be "portable." "DNR Comfort Care" and "DNR
Comfort Care-Arrest" orders may be made portable and should be honored
statewide by EMS and other emergency care workers outside the Cleveland Clinic if
the following procedures are followed by the primary physicians giving the DNR
orders. Note: "DNR Specified" orders cannot be made portable.
Patients should be provided with one of the following state-approved forms of DNR
identification: (1) a DNR identification form, (2) a transparent hospital-type bracelet
with an insert, (3) a wallet card, or (4) a prescription for either a bracelet or
necklace manufactured pursuant to specifications of the Ohio Department of Health.
All of these forms, which are available at the Cleveland Clinic, contain at least the
patient's name and the state-approved DNR Comfort Care logo depicted below.
Copies of any state-approved forms of DNR identification should be inserted on the
"left-hand side" of the medical chart (where advance directives are maintained).
Cleveland Clinic inpatients who have state-approved DNR identification (including
bracelets) also will wear Cleveland Clinic DNR identification bracelets.
which showed that only 34% of the patients correctly understood the meaning of a
DNR order; 66% of the patients did not realize that a DNR order would result in not
being resuscitated even if the cause of the cardiac or respiratory arrest was
potentially reversible.8
In June of 2002 Pennsylvania enacted the Do-Not-Resuscitate Act (DNR Act) (P.L.
409, No. 59) (20 Pa.C.S. 54A01-54A13). The DNR Act empowered a terminally ill
person or the persons surrogate to secure an out-of-hospital do-not-resuscitate
order and, at the persons option or the option of an authorized representative, an
out-of-hospital DNR bracelet or necklace. These items direct emergency medical
services (EMS) personnel in the out-of-hospital setting not to provide the person for
whom they are issued with cardiopulmonary resuscitation in the event of the
persons cardiac or respiratory arrest. The DNR Act also specified the circumstances
under which an appropriate representative of a person who issued a declaration
under the Advance Declaration for Health Care Act (former Living Will Act) would be
able to secure an out-of-hospital DNR order, bracelet or necklace for the person if
the person became permanently unconscious. These provisions, supplemented by
Department of Health regulations (28 Pa. Code 1051.1-1051.101), went into
effect March 1, 2003, and were amended February 7, 2004.
Definitions:
1.
Cardio-Pulmonary Resuscitation (CPR): refers to the medical procedures used
to restart a persons heart and breathing when the person suffers cardiac or
respiratory arrest. CPR may involve simple efforts such as mouth-to-mouth
resuscitation and external chest compression. Advanced CPR may involve insertion
of a tube to open the persons airway or to assist breathing, injection of
medications, or providing an electrical shock (defibrillation) to resuscitate the heart.
2.
End-Stage Medical Condition: An end-stage medical condition is an
incurable and irreversible medical condition in an advanced state caused by injury,
disease, or physical illness that will, in the opinion of the attending physician, to a