End-of-Life Choice, Palliative Care and Counseling

Barbara Coombs Lee

Mar 18, 2013Farewell to Booth Gardner

by Barbara Coombs Lee
March 18, 2013

Governor Booth Gardner died last Friday, after enduring the long relentless assault of Parkinson’s Disease. He was 76 years old, and he’d fought the progression of his illness valiantly for more than 20 years.  From 1985 to 1993 he served as governor of Washington and delivered much of lasting value to its people. In 2008, contemplating his own mortality, he brought them an aid-in-dying law and empowered them with the comfort of choice and control over needless suffering.

From September 2006 to November 2008 Booth led the Washington state campaign to pass a Death with Dignity law like the one in effect in Oregon since 1997. I remember well how his leadership emerged.

We had begun to think seriously about launching a Washington campaign for aid in dying in early 2006. With polling, focus groups and brainstorming we had begun to shape a proposed law and name it.  We thought we were the logical leaders. We were veterans of two successful campaigns and three intense years defending Oregon’s Death with Dignity law from the state legislature, Congress, the U.S. Department of Justice and litigants in federal court. Twice we had brought the argument all the way to the U.S. Supreme Court. We felt seasoned and successful.

Unbeknownst to us, Booth Gardner was also thinking about aid in dying, and starting to talk with his advisors and friends about a law to expand end-of-life choice. He thought this could be his final act of public service, and a lasting legacy to the people of Washington.

When we became aware of each other’s efforts, we met in the Seattle office of Compassion & Choices of Washington. Booth had not yet received the brain procedures that would later reverse some of his Parkinson’s symptoms and it was sometimes difficult to understand his speech. Nevertheless, he projected unwavering confidence and abiding good nature. He looked at us, the supposed “experts” seated around the table. Then he jabbed his thumb back over his shoulder with absolute authority, and said, “We’re going to have a campaign, and I want you all to get in line behind me.”  So we did.

Booth was a strong and compelling campaigner. In September 2006 he spoke candidly to attendees at the Annual Conference of Elder Law Attorneys:

Many of you know that I have been struggling with Parkinson’s Disease for the past 15 years and some may think that my interest in an Aid in Dying law is because I’m tired of dealing with it.

Well, it is discouraging at times but I have a lot of plans for the future involving new initiatives in education, new woodworking projects, more trips to watch a grandson’s baseball games and a chance to make new friends – just to name a few of the things that I look forward to in the years to come.

Just the same, my struggles with this disease remind me of my mortality every day.  I understand suffering differently now than I did before my Parkinson’s symptoms began.  I can more clearly imagine myself in the place of people who know they will not get better – that their end is very near – and whose only quality in life is misery.

So, I understand better now why an Aid in Dying law is so important both for people who might use it and for those who look on with compassion as loved ones suffer intolerably through their final days.

Working with Booth on his campaign was a joy and a privilege. His energy never flagged; his spirits never wavered.  He never persuaded the anti-choices folks to see things his way, but his good heart did persuade them of his high regard and good wishes.

He was as principled as he was kind, telling audiences, “While we respect other beliefs, we need to make it clear that we are bringing this proposal because of our own deeply held beliefs that it is the right and compassionate thing to do.”

Thank you, Booth, for your vision, your leadership, and your kindness.

Mar 7, 2013Legal Debate Over Aid-in-Dying Legislation

Tuesday, March 5, 2013

The Diane Rehm Show on WAMU 88.5 | NPR

Montana’s House of Representatives passed a bill that could imprison doctors for assisting in suicide. Legislation is pending in other states to make it legal. A panel joins Diane to discuss the legal and political debate over end-of-life issues.

Guests

Barbara Coombs Lee
president, Compassion & Choices, and chief petitioner of the 1997 Oregon Death with Dignity Act. She was a nurse and physician assistant before becoming a private attorney.

Thaddeus Pope
director of the Health Law Institute and associate law professor at Hamline University School of Law.

Joanne Lynn
geriatrician, hospice physician and director of the Altarum Institute Center on Elder Care and Advanced Illness.

Krayton Kerns
doctor of veterinary medicine and Republican member of the Montana Legislature.

 

Listen Here: http://thedianerehmshow.org/audio-player?nid=17396

 

 

Mar 4, 2013Intense Treatment in the Last Month of Life Is Rising

by Barbara Coombs Lee
March 4, 2013

One Question Can Stop End-of-Life Torture

Several weeks ago Brown University’s Dr. Joan Teno and her Dartmouth colleagues published a study on end-of-life care in the Journal of the American Medical Association. They looked at the records of almost 850,000 Medicare beneficiaries who died between 2000 – 2009, and first found good news on hospice utilization. A closer look revealed the bad news. I believe healthcare consumers could escape the intractable problem they discovered with one timely question.

First the good news: The percentage of our nation’s elders dying under hospice care doubled in ten years, from 21.6% to 42.3%. If patients close to death received more of the comfort-directed care of hospice and less of the highly invasive, painful and burdensome treatment of intensive care units (ICUs), that would be very good news indeed. Needless suffering would have diminished.

But when the investigators looked at the period immediately preceding referral to hospice, they found a picture of torture and chaos. More people than ever received intense interventions, and the median number of disruptive moves from one institution to another grew from 2.1 to 3.1. ICU stays in the last month of life increased from 24% to 29% and ventilator use also increased, from 8% to 9%. Very sick elders, just weeks from death, are still subjected to intensive and aggressive treatments. Doctors are apparently using more machines and tubes than ever, redoubling efforts to turn around a final medical crisis or forestall death.

The data indicates that when doctors finally accept the inevitable, the end is imminent. 28% of patients received the comfort and care of hospice less than four days. This is a travesty. I would categorize such a last-minute, desperate transfer of a patient to hospice services as “dumping.”  These unfortunate patients didn’t receive comfort care instead of medical tortures. They received the maximum allotment of technological interventions and then got shunted to hospice to die.

Such transfers come too late for a family to realize the enormous relief and peace of mind that comes with knowing a loved one’s comfort comes first.  It’s too late for hospice social workers to do a thorough assessment of a patient and family’s social, emotional and spiritual needs. It’s barely enough time to administer and titrate medications for maximum relief of pain, anxiety, breathlessness and other distressing symptoms.

I would venture a guess that most of the patients in this study who suffered stays in an intensive care unit immediately before transfer to hospice had advance directives. (61% of such patients do.)  I would further guess that most of those advance directives said the patient wanted to limit life-sustaining therapies like CPR, ventilators and other rescue treatments if they were terminally ill. (Most people who fill out advance directives decline interventions if they are dying)

What is going on here? Why were these dying patients treated in violation of their stated preferences and the instructions on their advance directive?

Here’s one reason: The advance directive says, essentially, “no life-sustaining treatment if I am dying.”  But left to their own habits and sensibilities, doctors define “dying” very, very narrowly. So long as some technology, futile or not, remains in Medicine’s bag of tricks, the patient is not “dying.” In this sense, doctors are like a procrastinator putting a task off until tomorrow and believing that, technically speaking, “tomorrow” never comes.

Educators and health policy gurus have spent decades and hundreds of millions trying to turn physician behavior around. This latest study reveals not only abject failure, but lost ground as well. It’s up to the people — those approaching the end of life and those who love them — to prevent medical habit from stealing a peaceful death.

We can change medical habit by applying a reasonable definition of “dying” for ourselves.  We can save ourselves from torture by getting doctors to admit when we are likely to die within 6 months with or without treatment, or are unlikely to survive a hospitalization. That admission should give force to patients’ preferences for the end of life, or to the advance directive if they cannot speak.  But it’s up to us to call the question.

I believe we must muster the courage to ask directly, “Doctor, am I dying?” “Is my mother, father, sister, spouse, or other loved one — dying?”  “Has the time of our careful planning arrived?  Shall we avoid the trap of acting as though the inevitable will never come? Because if scientific calculations say I am likely to die during this hospitalization, I would rather die at home. If the odds are intensive care offers nothing but prolonged suffering, please refer me to hospice now.”

Facing pointed questions like this, doctors will almost always tell the truth.  They are very bad at starting a serious conversation about the end of life, but they can usually participate if they know a patient or family takes end-of-life planning seriously.

Sadly, we must take it upon ourselves to avoid being one of Dr. Teno’s dismal statistics. If the end of a battle with cancer, chronic lung disease or dementia seems to be approaching, prepare yourself to ask the crucial question BEFORE a hospital admission.  Ask it in the medical office. Ask it in the emergency room. Practice asking it before you actually have to utter the words.  “Doctor, am I dying?”

 

Feb 25, 2013Oh, Freedom

by Barbara Coombs Lee
February 26, 2013

Michael Morgan, founder and Executive Director of the African American Music Foundation, visited my church this week to celebrate Black History Month. During morning service his thrilling bass voice highlighted an inspiring memorial to Paul Robeson. That afternoon he delivered a recital and lecture on spirituals to an overflow crowd.

I’ve been humming these spirituals and mulling their words ever since. Mr. Morgan is charismatic and riveting and he adores spirituals. As he explained, this is not only African American music. It is American music — never composed, but arising organically from the depths of human experience and longing.

Often beginning in woe but always ending in joy, the words of spirituals express struggles against injustice, oppression and the sadness of mortality. So many of them, like “Swing Low Sweet Chariot” and “I Stood on the River of Jordan,” give voice to our hopes and fears in the face of death. They arch beyond American slavery to express hard truths about the burdens every human bears and how we cope.

 

Oh, Freedom

Freedom, oh freedom,

Oh freedom over me

 

And before I’d be a slave

I’ll be buried in my grave

And go home to my Lord and be free

 

No more moaning, no more moaning,

No more moaning over me

 

And before I’d be a slave

I’ll be buried in my grave

And go home to my Lord and be free

 

There’ll be singin’, there’ll be singin’,

There’ll be singin’ over me

 

And before I’d be a slave

I’ll be buried in my grave

And go home to my Lord and be free

 

That song is about all kinds of slavery, Mr. Morgan said. “Think about it. There’s a whole lot of things you can be slave to in your life.”

Indeed there are.

Increasingly, people feel in jeopardy of being slaves to medical technology and an imperative to apply all that is available. As awareness grows, people grow leery of the assumption they would choose to eke out every second of mortal existence, even as terminal disease ravages the body and suffering exceeds the ability to bear it.  Often slavish devotion to prolongation of life means only prolongation of suffering.

In his book, Facing Death, my friend Reverend Paul Smith reminded us that death is not the worst thing that can happen to a person.  When we act as though it IS the worst thing, we can fall victim to much worse.

Choices mean freedom. Freedom from all that may be worse than being “buried in my grave.”

 

Feb 7, 2013Death with Dignity Act Wins Approval in New Jersey Legislative Committee

The Assembly Health and Senior Services Committee today passed the New Jersey Death with Dignity Act. The bill, which now goes to the full Assembly for consideration, would empower terminally ill adults to receive physician-prescribed medication giving them the choice of a peaceful death.

Barbara Coombs Lee, President of Compassion & Choices, hailed the vote as a victory for the movement for choice at the end of life. “We applaud the Assembly members who voted today on behalf of their constituents, and resisted the appeals of special interests,” she said. “People want and deserve something to say about how they might meet an imminent, inevitable death from terminal illness. This is true in New Jersey as it is across America.”

The bill, one of at least six moving in state legislatures across the country now, would give explicit permission to New Jersey doctors for aid in dying, the medical practice defined in Oregon’s Death with Dignity Act. Five committee members voted in favor of the New Jersey measure, with two opposed; there were two abstentions.

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