CHAPTER 10
218
Withholding & Withdrawing Life Support
Based on the ethical principles discussed in the preceding
paragraphs, the patient or the surrogate decision maker can
request that life support treatments be withheld or with-
drawn. Current judgment does not distinguish an ethical or
legal difference between the act of withholding and the act of
withdrawing life support measures. Nevertheless, the patient,
the family, and the health care team may find it more diffi-
cult to withdraw life support than to withhold it. In addition,
Orthodox Jewish tradition does not permit the withdrawing
of life support measures, including nutrition or hydration,
feeling that this would be equivalent to suicide. There is usu-
ally less concern about the more passive act of withholding
treatment.
Decisions to withhold or withdraw treatment are best
made in advance of a life-threatening situation, allowing the
patient and family to consider the potential outcome of life
support measures. This is particularly important in patients
who are terminally ill or who have an illness that is severe
and irreversible.
“Do Not (Attempt) Resuscitate (Resuscitation)”
(DNR/DNAR) Orders
In the event of cardiac or respiratory arrest in a hospitalized
patient, cardiopulmonary resuscitation (CPR) is initiated
automatically. In some cases, it may be desired to forgo CPR,
in which case a “do not resuscitate” order is written. This
decision is made jointly by the patient (or surrogate) and the
physician, but either party may initiate discussion about the
decision. In general, physicians should initiate discussions
about CPR and DNR/DNAR—ideally, before the patient
becomes critically ill and before the disease progresses to a
life-threatening stage despite optimal therapy. Some writers
have advocated use of the term “allow natural death” (AND)
as more descriptive of the intent of this order.
The physician should choose an appropriate setting for
this discussion with the patient and family, allowing ample
time for discussion. The DNR/DNAR order should be pre-
sented in a positive light, emphasizing the continuation of
supportive treatment, relief of physical suffering such as pain
and dyspnea, and support for emotional suffering. It should
be made clear that such a decision does not mean that the
health care team is “giving up” but that the focus of therapy
is altered, emphasizing comfort while avoiding futile or
unnecessary treatment.
When the outcome is bleak, the discussion should focus
not only on whether CPR should be initiated but also on
whether life support measures should be withheld or with-
drawn. The “do not resuscitate” decision does not, by itself,
imply any decisions about other medical treatment, includ-
ing ICU admission, surgery, or other treatment. Thus, if the
patient’s outcome is likely to be poor, offering CPR may give
the patient and family false hope about the likelihood of a
good outcome. A better approach is to discuss whether to
withhold or withdraw life support measures when a crisis
develops if such measures are judged to be futile. The treat-
ment plan thus should be presented in an atmosphere that
will allow the patient, family, and health care team to “hope
for the best, but prepare for the worst.”
There may be situations in which a physician recom-
mends that a DNR order be written, but the patient or fam-
ily disagrees and wishes CPR to be initiated at the time of
cardiac or respiratory arrest. In this situation, several steps
can be taken. First, the physician and patient (or surrogate)
should continue the discussion, with clarification about the
reasons for each person’s decision, misconceptions about
CPR, and the continuation or discontinuation of other med-
ical care. Second, the American Medical Association (AMA)
Council on Ethical and Judicial Affairs has decided that a
physician who determines that CPR may be futile may initi-
ate a DNR order against the patient’s wishes. In this situa-
tion, the patient must be informed of the decision and its
reasons. Third, in the event of disagreement, the patient
should be transferred to the care of another physician able to
reconcile the wishes of the patient with his or her own med-
ical judgment.
Once the decision for a DNR order is made by the patient
or physician, institutional policies and procedures should
govern how such an order should be written in order to avoid
miscommunication. Major points of the discussion with the
patient and family should be documented in the medical
record, including who participated, the decision-making
capacity of the patient, the medical diagnosis and prognosis,
and the reasons for the DNR decision.
Withholding or Withdrawing Treatment
A. A Stepwise Approach—Decisions to withhold or with-
draw life support treatment must not be made hastily.
Several steps are recommended: (1) The physician should
have a clear understanding of the patient’s diagnosis, physio-
logic and functional status, and any coexisting morbid states.
(2) The physician should seek unanimity among the health
care team for the decision to withhold or withdraw life sup-
port measures. (3) The next step is to seek informed consent
from a legally competent patient. If the patient is not legally
competent, the surrogate decision maker must be contacted.
It is wise to include the family and the patient’s referring or
primary care physician in the process, although the patient
or the surrogate decision maker holds responsibility for the
ultimate decision. (4) If a decision cannot be made in a
timely fashion and life support measures are imminently
required, the physician might consider recommending a lim-
ited trial of the life support measure—for example, ventila-
tory support for the next 72 hours, with reassessment at that
time. In the absence of a firm decision, life support measures
should be initiated or continued.
Physicians and other health care workers may fear that
their actions in withholding or withdrawing life support may
subject them to litigation or even criminal prosecution.