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March 16, 2007

Determining survival

Sometimes intervention is folly, says doctor.
RON FRIEDMAN

Technological and medical advances have enabled doctors to save lives at increasingly earlier stages of childbirth. Whether or not they should do so was the topic for debate during When Doctors Say No, a Philosopher's Café at the Vancouver Jewish Community Centre last weekend.

The discussion was moderated by Rabbi Laura Duhan Kaplan. Dr. Susan Albersheim, who has been working at the neonatal intensive care nursery at British Columbia Children's and Women's Hospital for more than 20 years, was the guest speaker.

Albersheim noted that the normal gestation period for humans is between 37 and 40 weeks. But the chances for successful intervention at an earlier stage has increased dramatically.

"Years ago, we said 28 weeks was the limit [at which to intervene] and now, we're going down to 23, 24, 25 weeks," said Albersheim. "One of the major issues I deal with is the threshold of viability. When I say, 'When doctors say no,' I'm talking about doctors saying: 'We will not provide this kind of a treatment.' "

Currently, the accepted threshold stands at roughly 22 weeks. "We will not start treatment at 20 or 21 weeks," said Albersheim. "There is a general agreement, around the world, that [that] would not be something we can do, so that's a definite no."

Albersheim introduced the concept of futility. "It's very sad," she conceded, "and it's very heart-wrenching to sit there and say, 'No, we cannot do anything at that gestational age,' but there are some absolute limits."

She distinguished between two types of futility: physiological futility, which means that a certain treatment cannot cure this particular problem, and evaluative futility, which means that if you start a certain treatment, the outcome will be a bad one, resulting in a severe handicap that will limit the quality of life of the child.

"We feel that it is our responsibility as medical professionals to set limits and to say that we have responsibility for outcome and if there is no chance of having a normal outcome, it is not reasonable to start, because the harms are great," said Albersheim.

"At very young ages, it's not just a matter of, you treat. There are major consequences to starting treatment.

"In our institution, we have no babies at 22 weeks that are considered in the normal range. All of them that have survived, which are very few, have handicaps and, therefore, we looked at this carefully and decided that we will not start treatment at 22 weeks."

The discussion of thresholds is not limited solely to neonatal decisions. "Though I'm speaking about the beginning of life, a lot of the issues are similar throughout the life-span," said Albersheim. "Though it's the not-yet competent that I'm dealing with, later on in life, it is often the no longer competent, and though you have certain nuances that are slightly different at the other extreme of life, you do have a lot of the same major issues that come up."

Deciding who gets to weigh in on the decision is an important issue. One obvious factor is the parents' wishes. Albersheim noted that parents have a tendency to say, "Do everything," but often it is a question of whether to do everything possible or simply everything reasonable.

"Doing everything possible may well be an attitude that results in something that is both inhumane and wasteful," said Albersheim.

In Canada, another factor that plays a part is the issue of finite resources and their distribution. "We have a different health-care system and we don't necessarily have the obligation just for one patient, and they [parents] don't necessarily have a right to demand everything, because we only have a finite amount of money in our health-care budget," said Albersheim. "So far, it's been the system of 'the squeaky wheel': whoever complains the loudest gets the money, but things will change, probably, and we have to consider it, up front, and not wait for it to be a crisis in order to really think about it very carefully."

Another aspect that arose in the discussion was the issue of religious beliefs affecting both doctors and patients.

"The bottom line in Jewish medical ethics is, of course, preserve life and promote life and that no one can judge quality of life for another person," said Kaplan. "If it is within your means to provide treatment, then you have a duty to do it. However, based on current halachic thinking, the way that you judge whether you are able to provide something or not is not based on outcome – it's based on your time and your resources."

Albersheim said that when dealing with medical issues, "I park my Judaism outside."

Ron Friedman
is a student in the journalism master's program at the University of British Columbia.

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