H E A L T H L A W
Continue CPR! or How to Save the
Patient and Screw the Pooch 1
■ JOHN SHUFELDT, MD, JD, MBA, FACEP
S o there I was (all good stories start this way), having just
participated in saving a 58-year-old guy who collapsed
while playing golf with his buddies. It was a classic v-fib
arrest—dropped after hitting a great drive right down the
middle of the fairway. The man’s friends started CPR, para-
medics arrived and shocked him out of VF into a sinus
rhythm and intubated him.
While in the emergency department (ED), the man started
waking up; he was reaching for the tube and seemed to be
following commands. I had already arranged an ICU bed for
him when a woman claiming to be his wife ran into the ED
and screamed, “Take that tube out immediately; he has a
DNR” at the top of her lungs.
Although the patient was waking up, it was still way too
early to extubate him. In my very gentle, Marcus Welby-like
voice I said, “Ma’am, your husband is alive and, considering
what happened to him, doing great. We expect him to wake
up and have minimal or no cognitive impairments. However,
if we remove that tube now, we may completely wreck his
chances for a complete recovery.”
Her response was less than encouraging: “If you don’t pull
that tube immediately, I’ll have your a** and your medical
license.” How nice, she wants me for my mind too! I’ll spare
you the details, but the story actually gets worse from here.
We actually did extubate him about 10 hours later. His first
words? “I want a cheeseburger!” His wife? An RN; this was
her fifth marriage and her first four husbands all died. Can
you say Black Widow? She filed a complaint with the med-
ical board about me saving her husband.
The reason I did not simply yank the patient’s tube when
she shoved the DNR papers into my face was my belief that
John Shufeldt is principal of Shufeldt Consulting and sits
on the Editorial Board of JUCM. He may be contacted at
Jshufeldt@Shufeldtconsulting.com. w w w. j u c m . c o m
I could get sued if I killed him but no one would successfully
sue me for saving him. Until recently, that belief held true.
(More on that later.)
Why does this matter in to an urgent care provider? Every
day, 7,000 people–yes, 7,000—enroll in Medicare. Odds are
great that with all of us “baby-boomers” hitting retirement
age, some of us will decide to spice up your day and die in
your urgent care center. So, listen up, because unless you
have a pediatric urgent care practice, this is relevant to you.
First, some background. A number of legal or quasi-legal
documents fall under the term “advanced directive.” Gener-
ally speaking, advanced directives are written to provide
some direction regarding end-of-life care for a patient who
may not be able to give medical consent or direction. They
fall into the following categories:
DNR Order
Controversy exists surrounding the interpretation and exe-
cution of do not resuscitate (DNR) orders. For example,
does “DNR” mean do not treat up to the point the patient
requires resuscitation? Or does it mean once the patient
codes, everything stops? Some newer forms are more spe-
cific, using check boxes to delineate the level of care accept-
able to the patient. On the surface, that makes sense, but
practically speaking, these forms are still challenging to
use. If a person checks no intubation and suffers a short-term
event (seizure) and needs to be intubated, do you let
him/her die? If “no defibrillation” is checked, does that
mean no AED in the case of sudden death? What if the pa-
tient is still conscious and can make decisions and wants
“everything done”? Do you quit when he/she becomes un-
responsive? Because of all these common potential pitfalls,
many institutions now use a “limitation of treatment form.”
Take-home point: When faced with one of these situations,
misery loves company. Get the family involved at the outset
and document the decision made together.
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