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Journal: HEALTH COMMUNICATION


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HEALTH COMMUNICATION, 22(1), 1–10
Copyright © 2007, Lawrence Erlbaum Associates, Inc.

An Effect of Communication on Medical Decision


Making: Answerability, and the Medically Induced
Death of Paul Mills
R. Wade Kenny
5 Mount Saint Vincent University 1

In this essay, the occasion of a medically induced death is examined to illustrate how social
agents can, on occasion, respond inappropriately to social and communicative demands. The
essay illustrates and assesses an occasion when a health professional, faced with a medical
crisis that was laden with professional, ethical, and even legal considerations, responded in
10 a manner that overlooked all those standards when she injected potassium chloride into her
patient, Paul Mills. In the essay, the case is chronicled and the character of the social and
communicative mechanism that led to the disaster is given and used to interpret the events.

This essay directs health professionals toward a social find themselves in problematic situations that threaten their
competence that, when it is performed unsuccessfully, leads professional, ethical, and even legal status.
15 to significant ethical, professional, and even legal conse- To illustrate the impact of answerability in medical
quences: It is a competence to satisfy the legitimate expec- action, this essay focuses on an occasion when a doctor
tations of the actors present within a situation, as well as the injected what would usually be regarded as a lethal dose 45
potential actors who might later assess the appropriateness of potassium chloride into her patient. The action, which
of the chosen response. The name for this competence is occurred during what was already an institutionally sanc-
20 answerability, for it simply describes our capacity to act tioned, dying ritual, exceeded both the legal limit for
in a manner that satisfactorily manages a situation, given medical action and the code of professional conduct for care
that we will, at one time or another, be held answerable, by of terminal patients—it may also have caused the sudden 50
various others, for the action we take. Society expects us to death of the patient. Nevertheless, some part of the public
be answerable in our personal and professional lives, and and some part of the medical community (Galloway, 1999)
25 we consciously and unconsciously take this into considera- argued for the ethical soundness of what the doctor had
tion in our decision making and our actions, not only when done. A heated debate over the rightness or wrongness of the
the matter is a general matter, but even when it is an ethical doctor’s act resulted, and, as is often the case in life-ethics 55
one. Although answerability is a social ability, as stated arguments, both sides were intractable, so the combatant
previously, it expresses itself within communicative action, publics came to no clear resolution.
30 so it can be regarded as a communicative competence as The fact of a public debate over the ethics of the doctor’s
well. action is not, in itself, however, evidence that the doctor
Clearly, medical professionals are answerable for their was ethically motivated, in any direction, at the time of the 60
actions: Performatively, this means they are expected to incident, for it may be that social agents (including health
act in a manner that satisfies immediate demands as well professionals) regularly forget their ethical compass when
35 as expectations that might subsequently arise. Communica- confronting situations that are ethically laden. Indeed, a
tively, it means that they are also expected to competently recent essay (Kenny, in press) argues that this is a patent 3
justify their medical acts on any occasion that they are aspect of our daily lives. We sit on seats that are made of 65
legitimately interrogated regarding them. Each process is animal skins, drive automobiles that pollute the atmosphere,
complex, the latter dependent on the former, and failures toss donation requests from charitable organizations into the
40 easily occur. When that happens, health professionals may garbage, purchase diamonds that are the profit of unspeak-
able horrors—the point is not that we always do wrong
Correspondence should be addressed to R. Wade Kenny, Mount Saint when we do such things, rather that we often do them with 70
2
Vincent University. E-mail: no reflection on the rightness of wrongness of our acts. It
2 KENNY

is a tendency quite far-reaching and highly functional—one answer his mother’s preexisting demand that he never do
that is as relevant to health professionals as it is to other so. Even here we see how easy it is for answerabilities
social actors, particularly in circumstances such as the one to fail under incommensurable manners pressure, making
75 faced by the medical practitioner discussed in this essay. answerability, under many circumstances quite difficult, 130
Action remains motivated, however, even when it is not even impossible to achieve. In small matters, this may
driven by ethical concern. In particular, it is motivated by mean little; but, in a complex and critical medical setting,
social concern, by the individual’s ongoing ambition to failed answerability can have disastrous results. Thus, the
manage his or her social resources and social status, amidst issue is of significant concern for health professionals, who
80 others. Largely, this is done by showing some concern regularly find themselves answerable to the most desperate 135
for answerability to institutions and to others by attending of human situations—situations such as the one faced by
to that standard of expectation and consequence, socially Dr. Morrison. That said, this essay uses the Nancy Morrison
manufactured, which is an organizing feature of the situa- case as an illustrative vehicle for suggesting the effect of
tional competencies required for the occasion. answerability in the medical setting.
85 For the case under consideration, there is reason to Nancy Morrison is a Canadian physician who introduced 140
believe that Doctor Nancy Morrison was not motivated by an injection of nitroglycerine into the drip of her dying
her ethical sensibilities. The ethical censor is, by definition, patient. She shortly thereafter administered a second injec-
a rational mechanism that arises when evaluating action- tion of potassium chloride. The patient died minutes later,
options—by extension, to exercise one’s ethical sensibili- and the physician eventually found herself facing murder
90 ties, one has to be aware of them in situ; and this would charges. In the essay that follows, I will initially present 145
mean, correlatively, that one would be able to articulate a summation of the circumstances leading up to the death.
them on a later date. Morrison, apparently, lacked this Thereafter, I will briefly discuss the character of answer-
ability. Of her actions, she has only said “I – oh my God! I ability. Then I will attempt to examine the case by reading
don’t know why” (Poirier, 1998, p. 354), when asked about the events that transpired against the theory of answerability
95 her reasons. She might have said “I did it because I refused as it will be elaborated in this essay. 150
to preside over an unrelenting agony that could end no other
way.” She might have said “I did it to give Paul Mills the
peace no one in this hospital had offered him.” And, had THE BASIC FACTS OF THE NANCY
she given such a reason, we would be able to assess the MORRISON CASE
100 ethical character of her choice. Her claim, however, that she
does not know her reasons, places her act in an ethically Paul Mills was a 65 year old patient at the Queen
liminal zone, to the extent an actor’s reason is a condition Elizabeth II Health Sciences Center in Halifax, Nova Scotia,
for assessing the ethics of an action. in November of 1996, and he was dying of complications 155
The fact that Morrison could articulate no reason for associated with the surgical removal of his cancer-ridden
105 the action that she took did not mean, however, that there esophagus. Months earlier the cancer had been excised, and
would be no consequences. Indeed, in terms of codes of the surgeon had attempted to reconnect the stomach directly
professional conduct and law, there is no argument, legal to the throat, in lieu of the now removed esophagus that
or ethical, that would release Nancy Morrison from the ran between them. However, the stomach, now stretched a 160
cascading mortifying rituals that were about to arise, given foot to reach the back of the mouth, was no longer able to
110 that she had no justification for her action. As the story satisfy its blood supply needs; gangrene consequently set
that follows reveals, she was clearly held answerable, for in, and half the stomach died, leading to gastrointestinal
her actions; and, when that occurred, she realized she had leakages and infection idiosyncratically proliferating within
initially acted in a manner that would not allow her to be the chest cavity (because the stomach was now up in the 165
answerable. Consequently, she was unable to avoid the sorts area of the heart and lungs). Of serious note, the leakages
115 of mortifying rituals that she subsequently underwent. Irre- also delivered hydrochloric acid into the lungs, a condition
spective of ethical consideration governing her acts, then described by his last treating surgeon (Bethune, 1996) as “a 4
the case illustrates that a health care practitioner can engage disastrous complication” (p. 449). Nine surgeries followed,
in complex technical routines with less than satisfactory each attempting to resolve treatment complications. The 170
reflection on the answerabilities of the situation—it, there- primary strategy involved replacing dead tissue in a diges-
120 fore, makes the Morrison story a cautionary tale, reminding tive tract that ran through his throat, chest, and abdomen
us of the significance of answerable behavior in professional with portions of small intestine and bowel. Each surgery
settings. failed, however, leading to complications such as leakage
We all know of failed answerability from our own expe- of bowel and salivary fluids into the chest cavity. Even- 175
rience, and it is simple enough to find an example that all tually physicians were forced to cut directly through the
125 can recognize: a boy is challenged by his friends to climb chest, opening the sternum, to provide an adequate supply
a tree—he answers that demand, but in doing so fails to to the grafted tissue. But even that operation failed. Fluids
EFFECT OF COMMUNICATION ON MEDICAL DECISION MAKING 3

continued to escape into the abdomen and chest, infec- as “astronomical,” (p. 316) the patient continued to demon-
180 tions continued to spread, and tissue continued to die. The strate gasping, agonal breathing. Mr. Mills had received an 235
sternum itself also became infected, and this made it neces- intravenous administration of 800 mg of Dilaudid, 230 mg
sary to load antibiotics, remove affected tissue, and leave of Versed, and 40 mg of morphine, but he continued to
the chest as an open cavity packed with gauze—the sternum, die a horrible and agonizing death, one characterized by his
previously wired shut, was now unclosed to cope with these ICU nurse (Bland-MacInnes, 1998) as “beyond a shadow
185 complications, and vents were inserted through the ribs and of a doubt the worst death I have ever witnessed” (p. 320). 240
stomach to drain pus, a procedure so extreme that one could Technically unconscious, his agonal breathing and generally
afterward see Mills’ beating heart if the gauze pushed into distressed state nevertheless gave at least the appearance
his open chest were not in place. that he was suffering greatly.
The last surgical attempt to give Paul Mills a functional The ICU nurse interpreted Mills’ dying state as one of
190 esophageal tract occurred on October 1. Subsequent surg- profound and unnecessary suffering. After his disconnec- 245
eries were performed only to manage complications that tion from the respirator, and despite his low blood pres-
prevented that final bypass from healing. By October 17 it sure, he not only continued to breathe, he gasped for air.
was clear that hope was fading—previous surgical attach- The nurse went to the attending respirologist, and stressed
ments were unsealed and more fluids were escaping through her concern that the sedatives were ineffective in relieving
195 them. A Do Not Resuscitate order was therefore put in Mills’ suffering. Her behavior was recalled (Poirier, 1998) 250
place. Nevertheless, Mills’ condition was still not treated as “hysterical,” and she begged Morrison to do some-
as terminal, and two more surgeries were performed in the thing about the patient. (p. 356). One can understand his
next 11 days—the first an attempt to seal an opening in the nurse’s state. Given the patient’s nonresponsiveness to the
bypass and manage complications discovered in the process, remarkable levels of narcotics that had been given for
200 the second to drain pus. Despite these efforts, later scans pain reduction, it must have seemed that an inhuman force 255
revealed that new pools of pus were forming beneath the was sadistically torturing Paul Mills beyond the limits that
now-closed chest opening. the dying ritual itself was supposed to curtail. It must
Clearly the medical efforts that were made on Mills’ also have appeared, one imagines, that medicine had been
behalf were creative and heroic attempts to rescue a human made, not only an accomplice, but even the active agent of
205 being. They well illustrate the aggressive character of this torturous process. Morrison listened to the nurse and 260
medical practice—how it attacks the body in its benign committed herself to a resolution of the crisis. She injected
effort to eliminate whatever it is that ultimately threatens Mills with 10 cc of nitroglycerine through an IV push, which
the human being as an active, viable person. There comes a she said would decrease the blood pressure and thereby
point, however, when it is known that such heroic measures end the patient’s suffering. However, Mills’s blood pressure
210 cannot rescue the person, and that point had been reached. rallied shortly after the injection. So Morrison administered 265
Paul Mills’s artificially created gastrointestinal tract would a second 10 cc injection, this one potassium chloride. Within
not heal, and the infections would not abate. Thus, it was a minute Mr. Mills’s heart stopped.
universally agreed that Mills could not survive, had suffered On the day of his death, Mills had received Ativan,
greatly and uselessly over the 6 months of surgeries, and Versed, Dilaudid, and morphine as palliative medication—
215 would continue to suffer mercilessly if he ever regained their combined effect would be equal to a total injection of 270
consciousness. Such was the case when the head of infec- between 4,400 and 6,800 mg of morphine. (Sneiderman &
5 tious diseases declared the infection in Mr. Mills to be Deutscher, 2002, p. 2). The journal Palliative Medicine
incurable, and the chief surgeon also declared that Mills’s reports far lower dosages for patients with intractable
stomach and throat could never be successfully connected. suffering in 28 of 30 cases. (Chater et al., 1998, p. 260) 6
220 This was their way of announcing that Mr. Mills was on Only two of the cases examined in the Palliative Medicine 275
an irreversible and cascading pathway to system failures study involved dosages similar to those received by Mills,
and death, and that additional measures were unthinkable. and those dosages were given over 24 hr, whereas Mills
Consequently, on the morning of November 10, life support received his in less than 7. Moreover, no traces of these
was removed from Mr. Mills and all treatments other than drugs were found in Mills’s liver. Consequently, Morrison’s
225 palliative were stopped by virtue of the family’s request, attorneys were able to argue during the preliminary hearing 280
after consulting with the physician. With the cessation of that IV injections were not entering Mill’s bloodstream
tube feeding and antibiotics, as well as the removal of the (probably because the IV line had drifted free of its vein). It
breathing tube that had been surgically inserted into the could not, therefore, be clearly demonstrated that the potas-
throat and connected to a respirator, Paul Mills began the sium chloride injection, also injected through this line, was
230 dying process. the cause of death. Consequently, the case was dismissed 285
It was not an easy death. Despite palliative medi- before going to trial. The Crown appealed, but the appeal
cation administered at levels the bedside nurse (Bland- was denied. Despite the case’s dismissal, Morrison paid a
MacInnes, 1998) had never seen, levels she characterized heavy price for her action. She was the subject of national
4 KENNY

attention between the time 60 police officers, including a and some of which vary as one moves through role space
290 SWAT team, arrested her at the hospital, and the dismissal and time. A patient may complain that a nurse did not check
of charges. She underwent internal review and had hospital his blood pressure at the appropriate time (an attempt to
privileges suspended for 3 months. She was permanently hold answerable), yet the nurse may report that there was
removed from the ICU. In addition, the College of Physi- a medical emergency that took precedence. If, indeed, the 345
cians and Surgeons reprimanded her. Perhaps most painful, nurse did manage a medical emergency, then she would
295 she has been left to recognize that the most significant have discerned the degree to which she could be answer-
professional act for which she will be remembered will be able for the various action expectations specific to her role,
this event. and she would consequently be able to justify those actions,
We can reasonably assume that Morrison gave the injec- when she was interrogated. 350
tions because she intended to hasten the patient’s death. For Answerability also requires a talent for discrimination,
300 a great number of people, that is all they need to know for the world exerts so many calls on us that our capacity to
to opine on the ethical character of the action. They will answer any one of them is largely dependent on our ability to
say, “This doctor is morally justified, acting to hasten the prioritize and even disregard many others. The classic illus-
end of the patient’s life,” or they will say “This physician’s tration of this talent for discrimination is triage medicine, but 355
death-hastening actions cannot be morally justified.” Thus, it is common to a variety of other medical circumstances as
305 as is so often the case in life-ethics disputation, people of well. Whenever and wherever medical resources are limited,
good will and sincere concern, who have some capacity for the health professional’s capacity for discrimination plays
ethical reason, come to opposite conclusions. However, it is a determining role in the manner that medical actions are
possible that Dr. Morrison’s actions were not governed by a answerable, in terms of resource and treatment allocation, 360
moral sensibility, rather that they were directed by another discriminating what is absolutely necessary as an answer in
310 part of what it means to be an agent acting in situation: a manner that will necessarily privilege some and disregard
answerability. That possibility is examined below. other expectations. Discrimination is also required when a
health professional considers what constitutes a reasonable
answer to the medical situation. There are many ways, for 365
ETHICS AND ANSWERABILITY: TOWARD AN example, to get rid of a wart, ranging up to the amputa-
UNDERSTANDING OF THE NANCY tion of the affected limb. An effective physician answers
MORRISON CASE the demand to treat the wart by discriminating among the
options for handling it and answering with a “best” option.
7 315 Kenny (in press) characterizes answerability as a social Of course, this sort of discrimination is regularly performed, 370
mechanism that governs conduct. He organizes this mech- when answering an illness with a prescription, or even when
anism around two fundamental talents: a talent to hold answering a cancer with a treatment plan.
answerable and a talent to be answerable. The capacity Besides these factors, answerable agents also must
to hold answerable is expressed on those occasions when possess general social competence, and this is because
320 social agents exercise legitimate judicial rights over the answerability is socially determined. For example, when 375
actions of another. These rights include the right to demand a man falls over at a restaurant, a waiter will immedi-
an action, the right to interrogate why the demand was ately realize that only certain social agents can manage
not satisfied, and the right to effect consequences. Holding such a situation, and will therefore not answer this crisis
answerable occurs, for example, when an office supervisor by performing a tracheotomy, but by calling out “Is there
325 deals with a receptionist who has, for the third time, arrived a doctor in the house?” As the doctor moves toward the 380
at work 1 hour late. Because such rights for holding answer- collapsed man, bystanders will also behave in a socially
8 able exist, Kenny (in press) argues that a competency for competent manner—they will realize their comparative
being answerable must also exist—that is to say, social insignificance in the midst of a crisis situation and they
agents must be able to anticipate the answerabilities that will step aside to let through the physician, who repre-
330 others will hold over them, and they must be able to act in sents a significant social figure in these circumstances. The 385
such a way that they will be able to resolve these answer- example is comparatively nonproblematic, but it need not
abilities, or possibly justify their decision not to do so. be, for the subtleties of the social order can make it very hard
In terms of being answerable, there are two fundamental to detect what the appropriate response in a given situation
9 competencies, mentioned by Kenny (in press), that are might be. Consequently both the situational competence of
335 particularly relevant to this case. These are the competencies agents and the rules that govern a social exchange may 390
for discernment and discrimination. The competency for play a determining role in any agent’s ability to interpolate
discernment is the competency to recognize those holding a complex event and answer it effectively. Of course, the
answerable expectations that are specific to the situation. medical setting provides a context in which health profes-
It involves the ability to recognize how one’s role carries sionals must regularly answer critical demands as they are
340 specific duties to others, some of which remain consistent imposed on them. They can do this only if they understand 395
EFFECT OF COMMUNICATION ON MEDICAL DECISION MAKING 5

that complex and ever-shifting social order that appears in no peace in Mills’ death, although the patient had graduated
the midst of the medical situation and the hierarchy of rela- to remarkable levels of morphine and Dilaudid—levels of 450
tions that is associated with it, making doctors answerable narcotic that would, under normal circumstances, result in
to nurses in ways that nurses are not answerable to doctors, death. Indeed, the nurse thought (Bland-MacInnes, 1998)
400 and the reverse, and so on. his death to be “a horrible and hideous scene” (p. 309),
On the basis of what has been said previously we can one that no level of narcotic seemed to relieve. The patient
describe answerability as a demand that expresses itself gasped for air and moved so restlessly that Bland-MacInnes 455
on us, calling for our answer in the form of actions and (1998) later testified “It was beyond a shadow of a doubt
statements. The demands of answerability exist at a variety the worst death that I have ever witnessed” (p. 320). In
405 of levels, many of them social, and they are constituted this state of witnessing, believing that Mills was suffering
within a field of social relations, often under the heading horribly, Bland-MacInnes turned to Morrison, the doctor on
of professional conduct. Answerability is also subject to duty. She informed Morrison that the drugs were still not 460
interpretability: We answer based on what we interpret to be working and she begged the doctor to do something about
the request. Further, we might even do so unconscious that this suffering.
410 answerability is taking place. Such features do not exhaust The story we tell can be read in a few minutes, but we
the character of answerability; however they do provide should keep in mind that it actually describes a prolonged
sufficient foundation for us to examine the Nancy Morrison death ritual—one that, in some senses had been unfolding 465
story with a view to the role answerability played in her for months. With that in mind, the official withdrawing of
action. That part of the assignment will follow. treatment was really no more than the last stage in a drama
of medical suffering played out against an irreversible and
demoralizing deterioration of quality of life and health—one
415 Answerability in the Death of Paul Mills: The Occasion that a well-known, regional ethicist has characterized as “a 470
of the Act dramatic example of ‘cascade iatrogenesis’   ,” with “inap-
propriate interventions long before the death.”1 Thus, when
In this essay we treat the Nancy Morrison case as an occa-
Morrison went to the bedside, she observed a patient she
sion of failed answerable performance, in particular as an
had been treating through the months of his hopeless dete-
occasion when a medical practitioner failed to effectively
rioration, depression, and (one assumes) agony. Morrison 475
420 discern her answerabilities and discriminate, among action-
knew that Mills would die, the hospital expected him to die.
options, those that would manage all contingencies associ-
All that remained was useless suffering—indeed, suffering
ated with the event. With that in mind, we will examine
that was not consistent with the narcotics he had received,
how her action, as it is characterized by testimony, resulted
and suffering that was not consistent with the hospital’s
from and resolved her apparent discernment of answerabili-
intention when it originally directed that he be removed 480
425 ties demanded within the emergency event, but we will also
from the respirator. She then left to obtain a syringe with
examine how this discernment did not include a compe- 10 cc of nitroglycerine and she returned and injected it into
tency for anticipating those answerabilities that might occur Mills’s arm. MacInnes asked what she had injected, and
after the fact, through parties not immediately present at the Morrison (Bland-MacInnes, 1998) told her it was “10 cc
events. Given her failure to effectively manage the subtleties of nitroglycerine. It will lower his blood pressure and end 485
430 of discernment required of the situation, we will further his suffering” (p. 294). Mills’ blood pressure was already
indicate how she failed to discriminate appropriate choices, around 55 and lowering, so this could only imply that the 10
among the options that were available to her. suffering would end by dipping the blood pressure further—
While Morrison did not discern the holding-answerable in other words “end his suffering” was a code that meant
rights of nonpresent others in the midst of the situation, she Mills would die, hence his suffering would be over. The 490
435 did, nevertheless, act in ways that demonstrated a compe- blood pressure dropped only for a moment, however, and
tency for discerning and discriminating those relational Bland-MacInnes, who later said that she would never inject
duties that are immediately apparent in the midst of an either drug because she needed to keep her job, then said,
answerability crisis—specifically, she showed, through a (1998) “The only thing that will end this suffering is KCl.”
number of her actions, that she was capable of discerning Let us situate the above conversational remnants within 495
440 answerability demands specific to the apparent situation. To the contextual framework from which they emerged, and
show how this is so, some context is offered. with some consideration to the ways that language takes
Doctors had already determined that nothing could on meaning that is specific to the interaction itself. Judy
restore Paul Mills to health, and they had decided that it Segal (2000) has already characterized a code that emerges
was medically inappropriate to prolong his dying crisis. in end-of-life hospital dramas. The code is consequent to 500
445 They therefore ended the treatment measures they had intro-
duced to prolong his life, disconnecting his respirator that 1
Personal communication from Nuala Kenny, O.C., M.D., FRCPC,
morning and introducing very high levels of pain-relieving Professor, Departments of Bioethics and Pediatrics, Dalhousie University,
narcotics. As time passed, however, the attending nurse saw Halifax, Nova Scotia, Canada, May 23, 2005.
6 KENNY

those protocols governing pain management and life ending with answerable expectations, the discourse-action pattern
that have been established for such situations (i.e., pain that began when Bland-MacInnes first turned to Morrison 13
management should occur even if its application results in for help ended when the potassium chloride was injected
death). Segal notes that (within such dying rituals) this has and Mills died—in other words, Bland-MacInnes’s demand
505 resulted in a discourse of pain management that regularly had been answered regardless that she never explicitly made 560
carries within it the suggestion of life ending. Thus, one can it, and even if she never intended it seriously. The event
never say, “Let us bring an end to this person’s hopeless concluded as if Morrison had been successfully answerable
state,” but one can say, “I believe this patient is in pain to Bland-MacInnes’s communication of a vague answer-
and needs more pain treatment.” To some extent, even on ability demand. In that regard Laing’s (1967) words are
510 occasions that practitioners may not be aware that it is instructive, for he says that a conversation can include state- 565
happening, the latter has become the coded method by which ments that might be “disclaimed, unavowed, contradictory,
to express the former. Thus, one may regularly speak of and paradoxical” (p. 140), yet this would not necessarily
pain reduction to advocate death hastening. mean that the interaction was ineffective or inefficient, for
Once a patient has entered an irreversible death ritual, as Bateson (1980) reminds us, and this is particularly rele-
515 there are a variety of reasons hospital professionals and vant to the occasion of this analysis, “the metarelations 570
others (including families) might prefer an expeditious between particular signals may be confused but under-
end—consequently, a code that speaks to that objective standing may emerge again as true at the next more abstract
may unintentionally emerge if members of the death ritual level” (p. 131), in this case, at the level of the action
community refuse to acknowledge the ambition directly, itself.
520 and such a code will adhere to conventions that make it Both Bateson (1980) and Laing (1967) would attune us 575
appear that it is not actually being used. Thus when Bland- to the context of message making to understand what has
MacInnes appeals to Nancy Morrison to end this horrible happened. When we do so, and consider the issue of social
suffering, she makes what may be, in such circumstances, a relations in this case, the first thing that we notice is that,
functionally nebulous request which, in such circumstances, in terms of the discursive and practical action involved,
11 525 could mean “lower pain” or “hasten death”. It appears that it is a medical event that occurs between a nurse and a 580
Morrison responded to the statement by leaning toward a doctor. Having recognized that, we should be on the lookout
more radical interpretation of it. Clearly, she expresses her for interactions that correspond with a pattern of answer-
12 intention to the nurse in this code when she (1998) says ability, typical of medical practice, a pattern that might
“It will lower his blood pressure and end his suffering” even occur under the most radical medical circumstances.
530 (p. 294), for both nurse and doctor understand the unlikely We find, looking at the case from that perspective, that 585
therapeutic value and probable outcome of a nitroglyc- there does indeed emerge a pattern of answerability—a
erine injection in such a case. Thus, when Bland-MacInnes pattern that Morrison and Bland-MacInnes evidence they
(1998) consequently says “The only thing that will end this employ even as they engage with each other. Anxiety,
suffering is KCl,” there is no reason to believe that she frustration, empathy—these must all have been present in
535 is making a random comment dissociated from the context the event. However, it was an ICU ward, where such 590
of the events and the code that appears to govern it, for emotions would often be present and where patterned action
the words fit ideally into this coded interaction chain— between medical practitioners would be expected, even
particularly in that Bland-MacInnes, as a medical practi- when practitioners were under stress—indeed habituated
tioner, would know that KCL would stop the heart. We thus medical routines are critical in an environment in which
540 locate Bland-MacInnes’s statement within a chain of inter- radical decisions must be made, not only treatment routines, 595
actions that include a nurse’s functionally nebulous request but even social routines (orderlies knowing where to stand,
to “end a patient’s suffering”; a doctor’s, contraindicated, nurses knowing when to step aside). These are not the disin-
injection of nitroglycerine; and a nurse’s subsequent, func- terested and humdrum routines of the ticket salesman or
tionally nebulous suggestion that more radical action would the bank teller, to be sure—they are the invaluable social
545 be necessary to achieve the ambiguous goal. patterns that are specific to emergency and critical circum- 600
Of course, this all matters because Bland-MacInnes’ stances. The pattern of this routine is, however, implicit in
statement was immediately followed by Morrison’s injec- the action, specifically when this nurse in distress over the
tion of potassium chloride, and because that injection condition of her patient, turns to the physician to resolve
brought an end to the discourse of distress that Bland- the crisis. Although this is a structure of answerability in
550 MacInnes was producing. Recognize that Bland-MacInnes the noncritical medical setting, it grows even more signif- 605
could have continued a postinjection discussion with state- icant in the critical context. One will not find doctors
ments such as “What have you done!” or simply “I hope turning to nurses with an expectation that they will solve
you didn’t think that I was serious.” She could have, but medical crisis, but it is a prerogative for nurses within insti-
there is no record of anything said after Morrison performed tutional medicine that they can require a doctor to provide
555 the injection. Thus, as a communicative event, associated answers at levels that exceed any expected of them. In other 610
EFFECT OF COMMUNICATION ON MEDICAL DECISION MAKING 7

words, a significant dimension of our understanding of what the following: (a) Physicians are expected to give answer
happened can be explained through the socially constructed, to the medical crisis, no matter how spectacular—indeed,
implicit code of answerability that exists between a doctor the more difficult it is for other health professionals to
and a nurse, not only in their everyday relations, but answer the crisis, the more a physician will be expected to
615 even in those most pressing and emotional of medical answer. (b) Physicians are expected to answer the patient’s 670
circumstances. call for care and comfort in the medical crisis; and, where
Although it was Nancy Morrison’s responsibility to possible, to bring an end to the critical condition. (c) They
discriminate among treatment methods, the ability to are also expected to provide an answer to the stresses and
discriminate among options is often affected by the rhetor- hysteria that might arise in the midst of medical crisis,
620 ical influence of specific communicative practices, and for the sake of others, such as health professionals, who 675
this is also true in the practice of medicine. Years ago, are present. (d) The physician is expected to direct other
medical sociology recognized that the interaction between health professionals in their assignments, and when they are
a doctor and nurse, governed by norms of social process, incapable of completing such assignments, the physician is
is partially based on a hierarchy model in which, “while expected to assume them. (e) Physicians are also expected
625 nurses frequently exercise important powers of decision, to answer such medical crises decisively. (f) And physicians 680
they must do so subtly, avoiding the appearance of being are expected to absorb the burden of responsibility for deci-
in command” (Mechanic, 1978, p. 361). In the present sions that are made in the medical crises, especially for the
context, we would say that the nurse is answerable to a code sake of the patient and other health professionals involved.
of conduct governing the communicative practice between (g) Moreover, it is normative to assign a heavy weighting
630 nurse and physician. However, codes of communicative to a physician’s answerability to the immediate when the 685
conduct within hierarchical systems control not only the situation is interpreted as critical, and this tends to mask
articulation, but also the reception of the message. If, as the existence of answerabilities that may come at a later
Mechanic (1978) suggests, there is an inexplicit code that date. The argument herein suggests that normative factors
requires a nurse to “express her [sic] opinion unobtrusively, such as the ones mentioned previously dominated Nancy
635 to suggest alternatives rather than contest physicians’ views, Morrison’s discernment of her answerability in a manner 690
and to show deference to doctors’ expertness and authority” that led her to focus exclusively on the immediate situation
(p. 361), and if this is the manner that nurses work “quite with no regard to subsequent situations within which her
successfully within the system in a fashion that makes excel- answerability might be more general.
lent use of their judgment and knowledge,” (Mechanic, A second and relevant consideration must be presented
640 1978, p. 361) then there must also be a normative tendency here before the discussion can move forward, and that 695
for doctors to attune to such subtleties of nurse commu- consideration is related to issues of frame and frame leakage.
nication, reading the nurse’s advice as a subtext that is Wherever there is a communicative code such as the one
buried within the nurse’s actual words. The Bland-MacInnes suggested previously there is a community that is privy
comment is, in other words, typical of the type used by to the code and a community that is not. Communicative
645 nurses to assess patients and to recommend protocols in codes thus imply boundaries, frames within which we find 700
the presence of physicians. Because it is a communica- received social agents who speak the code and function
tive strategy that plays a regular role within such interac- through it and outside of which we locate all others. The
tions, it can occur with no conscious strategic intent, like tendency for such codes to remain internal to the cultural
a hand gesture that one uses everyday without thinking. entity that produces them is hindered by leakages. And in
650 Moreover, because it is not overt, it bypasses some crit- that regard there are several points that should be noted. 705
ical censors when it is received. Persuasion theory would First, we note that communicative codes function within
characterize it as an enthymeme, a statement that allows the bounded relations; second that they serve as a resource for
speaker to maintain some distance from the implications managing needs internal to the bounded agents; third that
that seem to naturally arise from the statement, while also they gain functional value from their secretiveness; and
655 causing the listening audience to assume that the impli- finally that leakages can lead to dissolution of the code as 710
cations they derive have arisen from their own reasoning well as a collapse of the managerial strategies that the codes
processes. organize. If Bland-MacInnes and Morrison were speaking
Powerful norms must govern the behavior of physi- in a functional code, they would also proceed with the
cians in crisis situations because crisis situations do not presumption that the code would remain internal to the
660 allow time for elaborate consideration. However, given that communicative context, as would the action for that is a 715
many norms are practiced without an agent’s conscious presumed condition of code-speak. Ultimately, this would
awareness of them, this can be a recipe for catastrophe. It leave Morrison no reason to believe that her answerability
appears that, intentionally or not, some norms of answer- at Mills’s bedside would extend further than the curtain that
ability were exploited or evoked by Nurse Bland-MacInnes was behind her. Thus Morrison may have gone forward,
665 on the occasion of Paul Mills’ death. Among such norms are discerning her duties to the situation and immediate agents 720
8 KENNY

without reflecting on all nonapparent demands of the situa- answerability rituals do regularly occur when this happens.
tion. Indeed, we do not know if Morrison acted because she It was, therefore, inevitable that an answerability interroga- 775
overassessed the degree of answerability she had toward her tion would occur after Bland-MacInnes leaked, to various
nurse, but the murder charge she faced makes clear that she others, the coded event in which she had participated.
725 underassessed the answerability she had toward her hospital This is particularly the case because those others absorb
and her government. So we can be minimally certain that answerabilities simply by listening to what is stated (thus
failed answerability in some ways led to disastrous profes- the expression “don’t ask, don’t tell,” as a mechanism for 780
sional circumstances for Nancy Morrison. And we can be social management). With all this in mind, several days
sure that the code leakage that Bland-MacInnes initiated after the death of Paul Mills, Nancy Morrison was phoned
730 led to the frame breakdown that ultimately resulted in the by ICU supervisor Paula Poirier and asked why Mills
murder charge. had been given injections of nitroglycerine and potassium
Many actions within a medical complex become second chloride. This interrogation occurs within a context of ques- 785
nature even though they operate as a sort of answerability. tioning, which is part of an answerability ritual. Contextu-
Such routines allow complex procedures to occur with a ally speaking, the nurse supervisor is able to do this because,
735 high level of precision and spontaneity. The advantage of as the acting nurse manager of the Medical/Surgical ICU
such spontaneous capacity for answerability in the medical and the Neurological ICU, she possesses holding answer-
setting is clear: In a context where multiple life and death able rights that are specific to that role—for example, the 790
decisions must be made on a moment’s notice, the time nurse supervisor may hold Morrison answerable in a manner
it takes to reflect may be more time than is available. that exceeds the holding answerable rights of a janitor or
740 In such a context, habituated action regularly saves lives, an orderly; also she may hold Morrison answerable for
and role relations within a medical complex are certainly acts that took place days before, when the supervisor was
among such valued social practices. However, these habit- not even present. Such holding answerable rights provide 795
driven responses can be costly when they mechanically the foundational context on which professional communi-
arise on occasions better served by some other routine, or cation regularly occurs; and, as a competent professional,
745 even nonroutine, action. On such occasions, agents may not Morrison would know this. On the phone, in that moment,
choose the wiser path, however, because, under time pres- Morrison would also realize that she could only manage her
sures and the emotions of the situation, they are influenced contextually determined answerability to the nurse super- 800
by the habitual structure of the experience even though they visor, if she had, in advance anticipated that Paula Poirier
do not parse its grammar. could hold her answerable—she would need, that is to
750 Dr. Morrison was involved with a variety of patients say, to already have been mindful of Poirier’s holding-
and health professionals that day, and many of her actions answerable rights, even at that moment when she acted
involved norms of answerable conduct. In the middle of all on the floor, outside the supervisor’s presence. However, 805
those experiences she found herself answerable to the Paul when treating Mills, Morrison was not mindful of Poirier’s
Mills situation. This is not to say that her decision to take rights to hold answerable, and that is why, with such prac-
755 the action that possibly ended Mills’ life was routine; it is tical realities operating over Supervisor Poirier’s phone call,
rather to suggest that Morrison, for the sake of her patient Morrison was compelled (Poirier, 1998) to answer “I – oh
and her staff, may have followed her routine habit of making my God! I don’t know why!” (p. 354). As the occasion 810
momentous decisions, possibly within the suggested coded illustrates, a social agent’s ability to competently respond
frame, at a moment’s notice, when no one else was capable to interrogations associated with an answerability ritual
760 or willing. is significantly determined by the agent’s prior discern-
ment that such an interrogation is possible, and a mindful-
ness of that possibility when discriminating among action 815
Answerability After the Death of Paul Mills: Managing
options.
an Interrogation Ritual
The context for questioning is not a burden that expresses
When answerability fails, it regularly gives rise to interro- only in terms of the person at the center of the ritual.
gation rituals and consequences. Thus, when Mother learns Nurse Poirier, for example, is also burdened with a context
765 that Tommy did climb that tree, he will be asked to justify that creates ways that she is held answerable, for even 820
his action, and should he fail to do so, he will be served those who play ancillary roles within a drama carry burdens
consequences. Often such interrogation rituals are a surprise of expectation that are the very condition for their roles.
to the answerable agent, who, for various reasons, had not Poirier’s question thus arose because she was answerable
imagined the degree of surveillance internal to the situation for any failure to report such violations of professional
770 or who had not anticipated the possibility of an interro- conduct to her own supervisors, and ultimately she fulfilled 825
gation event. Answerability, of this form, after the fact, her answerability by submitting such a report. When deter-
can only occur when some representation of the events is mining whether a report was necessary, however, she had
taken from original occasion to a subsequent occasion, and to consider both the actions Morrison had taken, and the
EFFECT OF COMMUNICATION ON MEDICAL DECISION MAKING 9

intention of those actions, for the status of a medical act most probably to a standard of professional conduct as it was 880
830 is determined from both the action itself and the actor’s immediately objectified in the nurse supervisor, and later
intention when doing it.2 Poirier’s question was therefore as it might be objectified by a medical review board. The
asked to determine whether Morrison could justify the act wording and performance of her surprised answer suggests
in such a way that no report would be necessary, or in such not only that she would not be able to answer such a board,
a way that the report would include mitigating information. but even that she had not taken that sort of committee into 885
835 As a competent health professional capable of professional consideration when she performed the act. Effectively, she
communication, Morrison would be aware of this, for it is discloses a significant factor in any analysis of the case;
the sort of communicative grammar we all parse daily. She that, in terms of the discerning and discriminative char-
would understand, on the occasion of that phone call, that an acter of answerability, Morrison did not effectively antic-
organizational ritual had arisen in such a way that all social ipate in her reflections, on the day of Paul Mills’s death, 890
840 actors internal to it would be propelled by their own role- the likely manners that she might later be held answerable
situated, answerable duties into a cascading series of actions for her immediate actions, nor did she navigate a path that
and interactions that would draw in other social agents who
would satisfy such possibilities. This must be true, unless
would equally be compelled by their own answerabilities,
we conclude that Morrison, at the time of her witnessed
and that this could only be avoided if she could find, at
injection of potassium chloride, both sought an occasion 895
845 that moment, an answer that would legitimately satisfy the
when she would be charged with murder and planned to use
role-situated supervisor in a manner that would forestall
the process. The progression, once initiated that is to say, event-specific amnesia as her defense.
locked all participating agents into a cascading drama that Because an event can be judged at various times by
limited role performances to precise and inflexible codes of various parties, effective answerability involves a struggle
850 conduct (Poirier could not, for example, say “I know you’re to discern who those parties might be and to perform action 900
a good doctor—let’s just forget this happened,” because in such a way that she would satisfy those tribunals on such
her authority was radically managed by her own answer- future occasions. As difficult as this may be to accept, it
ability in the situation). Even the hospital’s attempt to end appears that a medical review board was not a party that
the answerability rituals associated with Morrison’s actions Nancy Morrison foresaw in the context of her circumstance,
855 internal to its own institutional structure failed—ultimately, thus her actions were never intended to provide an answer 905
months later, the police stormed the hospital, and Morrison for that community. Moreover, it seems that Morrison did
was arrested. not discern that her actions might later be answerable to
Certainly there were answers that Morrison could have a judge or a prosecutor, nor an ethical standard, nor the
given to Poirier’s question. She could have said, for general public. While those might be the first communities
860 example, “I was sick of watching useless suffering, so I to whom Morrison might now discern an answerability if 910
ended it.” She could also have said “We were very busy, she were again placed in the same situation, they apparently
so I made a snap emergency decision and acted.” Doubtless did not appear on the horizon of her reflective processes as
the doctor could have traced back some answer to the ques- she decided what to do in the midst of the Mills crisis. No
tion, yet she has none. And if we understand the true nature one is capable of perfectly discerning all of the expectations
865 of the question, this makes sense, for Poirier is not asking others hold for them, and Morrison’s surprise when Poirier 915
for any answer—that is not her role. Poirier is asking for put the question to her suggests that, on November 10, she
an answer that can allow her to be answerable to her own did not discern that she might later be answerable to these
role and bring an end to this interrogation. And that is what groups. This does not mean she regarded these groups with
Nancy Morrison reveals, in shock, that she cannot do. contempt. Nor does it mean that she lacked the intelligence
870 Thus it seems likely that Morrison’s answer was not a to manage such situations effectively. Rather it suggests 920
lie, nor an absurdity. Rather, it seems that Morrison was that she simply did not discern the possibility of these
parsing the grammar of answerability before replying to
answerabilities, at all. This is important, because it suggests
Poirier’s question, performing a level of intelligibility that
the specific quality associated with the failure of a social
can only be understood within the context of the situation.
competence, rather than a reduction of her behavior to the
875 Morrison understood how Poirier’s question was framed
vocabulary of good and bad, a vocabulary that is less than 925
within a context of circumstance, and therefore required an
answer appropriate to that circumstance. She possessed, on instructive to those who would improve the efficiency of
this secondary occasion, the capacity to discern her answer- health care practice. If the claim is correct, that is to say,
ability on forthcoming occasions and in particular ways, then we can suggest that a capacity to discern the expec-
tations of present and potential others who hold answer-
2
able (and a mindfulness of that possibility) is fundamental 930
The ethical status of a morphine injection is not, for example, deter-
mined by its size but by the doctor’s intent. High doses intended to relieve
for the efficient performance of health care practitioners.
pain are ethically acceptable, but even low doses intended to cause death Unlike the good and the bad, answerable expectations are
are not. not contestable, and they can be taught.
10 KENNY

With Mills before her, Morrison may have lost sight of they acted inappropriately, we might recognize, in either 980
935 her potential answerability to a medical review board, a case, that a capacity for understanding the conditions that
provincial government, a nurse supervisor, a professional ground answerable conduct is the best tool to give health
code of conduct, and even a deity as understood within what care practitioners if they are to manage the expectations that
has been characterized (Harris, 1998) as her own Anglican will ultimately be associated with their actions.
upbringing. She may have only experienced a sense of The notion that medical professionals spend years in 985
940 answerability to her nurse and the apparent suffering of a training and practice to ultimately bring harm to others is
patient immediately in front of her. Moreover she may have counterintuitive. Thus, when bad things happen in medical
been performing, as a medical practitioner, in a context settings, it may be inappropriate to interpret the event in
that regularly bounds conduct answerability to the context terms of a, “good doctor/bad doctor” dialectic. Instead we
in which the conduct occurs (so that her failure to discern might examine events such as the Morrison case with the 990
945 potential others resulted from a tradition of keeping poten- presumption that the health professional is not evil, but
tial others outside the coded frame). At any event, it seems simply in error. Such a presumption frees us from the notion
that Morrison’s action was intended to answer the practical that right action is the province of the morally elite. It allows
problem of an unrelieved, dying patient and the anxiety of us to foster the more manageable idea that “proper conduct”
a hysterical nurse. These commitments were made, unfortu- within the professional setting is the consequence of situa- 995
950 nately, without foresight to the other sorts of answerability tional competence and institutional protocols, qualities that
that might arise on later occasions. If this is true, then can be both developed and managed in the medical setting
Morrison’s failure should not be understood as an ethical through ongoing refinement of those protocols as well as
one, but as a social one that arose because of complexities education and training of physicians and other health profes-
associated with the communicative and situational pressures sionals in relation to them. It may also be the case that 1000
955 specific to the situation. health professionals who understand the concept of answer-
ability will be bolstered in their capacity to understand their
situational duties as well as the ethical and practical issues
CONCLUSION associated with them.

No one will ever know why Nancy Morrison acted as


she did. However, when we apply the idea of answer- REFERENCES 1005
ability to the events in the ICU that November day, we
960 can see how answerability may play a determining role Bateson, G. (1980). Mind and nature: A necessary unity. New York:
in such crisis events. At the very least, Morrison failed Bantam Books.
Bethune, D. (1998, February 9). Testimony of Drew Bethune. The Queen 14
to discern how she would be answerable to the law and v. Nancy Morrison, Case No. 720188.)
to her hospital. She therefore, at the very least, illustrates Bland-MacInnes, E. (1998, February 9). Testimony of Elizabeth Bland- 1010
an occasion when a health professional failed to perform MacInnes. The Queen v. Nancy Morrison, Case No. 720188.
965 answerability satisfactory to all the communities able to Chater, S. et al. (1988). Sedation for intractable distress in the dying – a
hold her to account. Her case suggests the need for instruc- survey of xxperts. Palliative Medicine 12, 255–269. 15
Galloway, G. (1999, April 1). Morrison receives support from fellow Nova
tion not only in ethical conduct, but also answerable conduct Scotia doctors. National Post, p. A3. 1015
for health professionals. In addition, the Nancy Morrison Harris, D. (1998, April). Hard questions behind the Morrison-
case can help to bring us greater clarity when consid- Mills case. Anglican Journal. Retrieved November 10, 2004, from
970 ering events such as occurred during the terrible Hurri- http:www.anglicanjournal.com/124/04/editorials_index.html
cane Katrina disaster. One better understands events such Kenny, R. W. (in press). The good, the bad, and the social: On living as
an answerable agent. Sociological Theory. 1020 16
as the notorious nursing-home, negligent homicides,3 and Laing, R. D. (1967). Self and others. New York: Penguin Books.
stories of euthanized hospital patients4 when considering Mechanic, D. (1978). Medical sociology: A comprehensive text (2nd ed.).
them as stories that can be assessed within a framework New York: Macmillan.
975 that takes into consideration both answerable conduct and Poirier, P. (1998, February 9). Testimony of Paula Poirier, Nurse super-
the capacity of agents to discern accountability in the midst visor. The Queen v. Nancy Morrison, Case No. 720188. 1025
Segal, J. (2000). Contesting death, speaking of dying. Journal of Medical
of it. Whether we ultimately decide that the health care Humanities, 21, 29–44.
practitioners did the best they could in the circumstances Sneiderman B., & Deutscher, R. (2002). Doctor Nancy Morrison and her
that they experienced, or whether we wish to conclude that dying patient: A case of medical necessity. Health Law Journal, 10, 1–30.

3
“Nursing Home Owners Face Charges: Couple Charged With
34 Counts of Negligent Homicide,” at http://www.cnn.com/2005/US/
09/13/katrina.impact/, posted September 13, 2005.
4
“Louisiana Probes Euthanasia Allegations: Investigation Focuses
on Reports of ‘Mercy Killings’ At New Orleans Hospital,” at
http://www.msnbc.msn.com/id/9699709/, posted 10/14/2005.

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