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Wednesday, December 23, 2009, 12:49 PM
Wesley J. Smith

Don’t let the headline fool you: I am not against evidence based medicine when it is used as a guide for doctors to provide optimal individualized care.  But I am against using EBM as a method of establishing categories for health care rationing–whether of “what” or “who”–as I believe we are destined for under Obamacare.  One reason is that–like global warming computer models–it all depends on what evidence is included or excluded in creating the studies. That means the evidence could well be cooked.

This point was acknowledge in the New York Times, of all places, in a recent article on end of life care.  From the story:

The Ronald Reagan U.C.L.A. Medical Center, one of the nation’s most highly regarded academic hospitals, has earned a reputation as a place where doctors will go to virtually any length and expense to try to save a patient’s life. “If you come into this hospital, we’re not going to let you die,” said Dr. David T. Feinberg, the hospital system’s chief executive. Yet that ethos has made the medical center a prime target for critics in the Obama administration and elsewhere who talk about how much money the nation wastes on needless tests and futile procedures. They like to note that U.C.L.A. is perennially near the top of widely cited data, compiled by researchers at Dartmouth, ranking medical centers that spend the most on end-of-life care but seem to have no better results than hospitals spending much less.

Listening to the critics, Dr. J. Thomas Rosenthal, the chief medical officer of the U.C.L.A. Health System, says his hospital has started re-examining its high-intensity approach to medicine. But the more U.C.L.A.’s doctors study the issue, the more they recognize a difficult truth: It can be hard, sometimes impossible, to know which critically ill patients will benefit and which will not. That distinction tends to get lost in the Dartmouth end-of-life analysis, which considers only the costs of treating patients who have died. Remarkably, it pays no attention to the ones who survive.

Perhaps not so remarkable. I don’t know if it is true in this case, but the scientific study has become a method of ideological advocacy, and in such reports, the deck gets stacked.  In other words, sometimes the authors of such studies know what they don’t want to know because they have a result in mind rather than dispassionate analysis.

The Times gives an example:

Take the case of Salah Putrus, who at age 71 had a long history of heart failure. After repeated visits to his local hospital near Burbank, Calif., Mr. Putrus was referred to U.C.L.A. this year to be evaluated for a heart transplant. Some other medical centers might have considered Mr. Putrus too old for the surgery. But U.C.L.A.’s attitude was “let’s see what we can do for him,” said his physician there, Dr. Tamara Horwich. Indeed, Mr. Putrus recalled, Dr. Horwich and her colleagues “did every test.” They changed his medicines to reduce the amount of water he was retaining. They even removed some teeth that could be a potential source of infection. His condition improved so much that more than six months later, Mr. Putrus has remained out of the hospital and is no longer considered in active need of a transplant. Because Dartmouth’s analysis focuses solely on patients who have died, a case like Mr. Putrus’s would not show up in its data. That is why critics say Dartmouth’s approach takes an overly pessimistic view of medicine: if you consider only the patients who die, there is really no way to know whether it makes sense to spend more on one case than another.

And here’s where Obamacare comes in:

Under the House health care legislation pending in Congress, the Institute of Medicine would conduct a study of the regional variations in Medicare spending to try to determine how to reward hospitals like Mayo for providing more cost-effective care. Hospitals identified as high-cost centers might even be penalized, perhaps receiving lower payments from the government…That prospect worries Dr. Rosenthal and his U.C.L.A. colleagues, who say that unless the distinction can be clearly drawn between excellence and excess in medical care, efforts to cut wasteful spending could be little more than blunt rationing. “There’s a real risk of doing harm here — real harm,” he said.

This is a very good article, illustrating that the outcome of “studies” depends on its design, and indeed, they may mislead more than they edify.  That point aside, this is a prime example of why it would be wrong to begin treating patients as members of a category instead of as an individual.  Statistics provide general guidance. But they are no substitute for personalized care.


Saturday, December 12, 2009, 1:02 PM
Wesley J. Smith

There is much to complain about with the US health care system. But there is no question it is the driving force in the world behind the continual advancement of medical knowledge and skill.  But that innovative energy could well be dissipated by the cost/control/ rationing boards that Obamacare would impose on both private and public insurance policies alike.

I thought about this when reading a story in today’s paper about how two breast cancer drugs extend the life of terminally ill patients for five or six months.  From the story:

Some women with very advanced breast cancer may have a new treatment option. A combination of two drugs that more precisely target tumors significantly extended the lives of women who had stopped responding to other medicines, doctors reported Friday. It was the first big test of combining Herceptin and Tykerb. In a study of 300 patients, women receiving both drugs lived nearly five months longer than those given Tykerb alone. Doctors hope for an even bigger benefit in women with less advanced disease and were elated at this much improvement for very sick women who were facing certain death.

The headlines calls this test “good news,” and it is.  But this is the very kind of medical advance that would be stifled by rationing–both in the delivery at the clinic and in the development.

Why is that?  Today, once a treatment is approved by the FDA, insurance companies can’t refuse it.  Imagine, the outcry if, for example, Aetna or Humana refused to extend the life of colon cancer patients by paying for a chemotherapy that gives another 9 months of life.  There would be hell to pay!  The lawyers would pour out of the woodwork. The government regulators would bring them to heel!  That’s because the burden of proof would be on the insurance company to demonstrate why it won’t provide the treatment–and woe betide the PR spokesman who invoked quality of life!

Yet, should the government refuse coverage based on quality of life, the denigrating judgment would be likely to hold because the entire burden of proof would shifted. And the system would be clearly be predicated on quality of life.  Most bioethicists, the very people who would be appointed to and advise the cost/benefit/best practices boards, reject the equality/sanctity of life ethic and embrace viewing medical delivery through a distorting quality of life prism.  In the UK, for example, the rationing board NICE uses a “quality adjusted life year” (QALY) measuring stick, in which a treatment providing life for five years could be worth only one QALY year.

Once rationing were imposed, rather than being on the side of the patient, regulators would be on the side of the bureaucrats, and the lawyers would have far less chance of prevailing.  That is because in a rationed system medicine becomes societal rather than individually oriented.  And indeed, as just one example, when Ontario, Canada restricted a colon cancer treatment that extends life for nine months, there was some public disquiet, but no redress for those patients told their lives weren’t worth the money to pay for it.  Ditto, the Barbara Wagner case in Oregon, in which a Medicaid bureaucrat refused life-extending chemotherapy, but offered assisted suicide. (Wagner eventually got the treatment free from the drug company.)

Should such a system be imposed on the USA, it would not only victimize the very sick, it would also sap most of the energy out of innovation.  It often takes billions to bring a drug to market.  If some of treatments derived therefom might not be covered even if they work, they won’t be developed.  Thus Obamacare would eventually both stifle the delivery of efficacious medicine and its innovation.  That would not only be disastrous for us, but for the world that looks to the USA for these kind of advances.


Monday, December 7, 2009, 10:11 PM
Wesley J. Smith

I have had great sympathy with the problem Obamacare has posed for people with disabilities. On one hand, many are terribly under-served by the health care system. On the other hand, I believe Obamacare will lead to explicit rationing of expensive patients, which will one day include people with disabilities. It could also one day support assisted suicide, as I reported here.

But now, I don’t see how the disabilities community can countenance this any longer. Democrats  have supported cutting $43 billion from home health care as a way to help pay the huge Obamacare tab.  From the story:

By a vote of 53 to 41, the Senate on Saturday rejected a Republican effort to block cutbacks in payments to home health agencies that provide nursing care and therapy to homebound Medicare beneficiaries. Republicans voted against the cuts, saying they would hurt some of the nation’s most vulnerable citizens. Most Democrats supported the cutbacks, saying they would eliminate waste and inefficiency in home care. The Democrats’ health care bill would reduce projected Medicare spending on home care by $43 billion, or 13 percent, over the next 10 years. The savings would help offset the cost of subsidizing coverage for the uninsured.

This and the projected $400 billion in cuts to be made to Medicare prove that Obamacare is to be financed out of the hides, perhaps literally, of our most vulnerable citizens, most particularly people with disabilities and the eldelry. I don’t see any other way of looking at it.

Oh, right: Afterwards the senate passed a measure–as it did after refusing to delete the wider Medicare–opposing all cuts in home health care. Sorry, you can’t cut $43 billion and also maintain the same quality of services. Either the services will suffer or the cuts won’t be made, meaning this is all a sham to make it fit the CBO cost workup.  I hope it is the latter. Either way, Obamacare may be the most dishonest bill in the history of the United States.


Tuesday, November 24, 2009, 2:04 PM
Wesley J. Smith

Obamacare pushers have mounted the most dishonest political campaign I think I have ever seen. They say that we will insure 30 million more people–but for less money–which is impossible.  They claimed abortion wouldn’t be funded, but that lie is now fully exposed as both the House and Senate versions would do just that. They say that there will be no rationing–and yet, attempts to amend the bill to proscribe health care rationing have all been rejected.

But the push for rationing is going full steam ahead among Obamacare’s allies.  Latest example, 60 Minutes, always as reliable an ally of this administration as it was an implacable enemy of the last, recently broadcast a story explicitly pushing rationing by focusing on the worst case scenarios and not presenting any opposing views.  From the story:

Patients, with their families’ support, want to cling to life, and it is often easier to hope for a medical miracle than to discuss how they want to die.  Charlie Haggart is 68 years old and suffering from liver and kidney failure…At a meeting with Haggart’s family and his doctors, Dr. Byock raised the awkward question of what should be done if he got worse and his heart or lungs were to give out.

He said that all of the available data showed that CPR very rarely works on someone in Haggart’s condition, and that it could lead to a drawn out death in the ICU.  “Either way you decide, we will honor your choice, and that’s the truth,” Byock reassured Haggart. “Should we do CPR if your heart were to suddenly stop?”  “Yes,” he replied. “You’d be okay with being in the ICU again?” Byock asked.  “Yes,” Haggart said.  “I know it’s an awkward conversation,” Byock said.  “It beats second place,” Haggart joked, laughing.

“You don’t think it makes any sense?” Kroft asked the doctor.  “It wouldn’t be my choice. It’s not what I advise people. At the present time, it’s their right to request it. And Medicare pays for it,” Byock said.

At the present time.  Byock–a friend of mine who I respect greatly as one of the country’s leading hospice physicians–believes that the choice he assured Mr. Haggert was available, shouldn’t be.

By law, Medicare cannot reject any treatment based upon cost. It will pay $55,000 for patients with advanced breast cancer to receive the chemotherapy drug Avastin, even though it extends life only an average of a month and a half; it will pay $40,000 for a 93-year-old man with terminal cancer to get a surgically implanted defibrillator if he happens to have heart problems too.  “I think you cannot make these decisions on a case-by-case basis,” Byock said. “It would be much easier for us to say ‘We simply do not put defibrillators into people in this condition.’ Meaning your age, your functional status, the ability to make full benefit of the defibrillator.  Now that’s going to outrage a lot of people.”

The defibrillator question is a classic misdirection. I mean, how many 93 year-old patients near death from cancer receive that level of intervention?  More realistically, note that  60 Minutes apparently thinks the extra six weeks of life provided by the chemo shouldn’t be provided–just like Ontario, Canada’s rationing board decided with regard to colon cancer earlier this year.  We do not want such centralized planning in this country.  As to the issue of choice, raised by Byock, once we stop making these decisions on a case by case basis, medicine becomes a check the boxes technocracy.  And I say this agreeing with Byock as to what I would not want (I think, we never know until we are there) if I were in a terminal situation.

And here’s a problem not specifically addressed by the 60 Minutes piece–many of the ICU admissions being complained about could go either way.  From an article in Bio Medicine:

“Even with excellent prediction models, we will still admit patients at high risk of dying because they also have a good chance of survival,” says Dr. Angus. “There will still be a large, irreducible number of patients who die in intensive care. This means we have to carefully consider providing and promoting good end-of-life care in the ICU.

In other words, if we bluntly bar certain categories of patients from the ICU, it means by definition that people who could have gone on, won’t. Death panels anyone?

This is my primary reason for opposing Obamacare. It will lead to explicit medical rationing.  Or to put my position into a soundbite: Education to help people make better end of life decisions, definitely.  Coersion either through futile care protocols or explilcit rationing, never.  That establishes a duty to die.


Sunday, November 22, 2009, 12:01 PM
Wesley J. Smith

For years we have been nagged into getting screened for colon cancer, screened for breast cancer, screened for prostate cancer, screened, screened, screened.  It made sense.  Catch cancer early, and your chances of survival dramatically improve.

Funny, how things change–or perhaps better stated, how what the “experts” tell us may be influenced by the prevailing political winds among the intelligentsia and elites–loyally touted by the on-board media.  Today, the big deal is cost cutting. And so what do the new studies suddenly tell us? We have a problem with “over diagnosis.”  From the story–and get this title–”What Could Cancer Screening Hurt? A Lot Actually:”

Though screening certainly saves lives, recent studies make it clear that it also leads to biopsies, surgeries, chemotherapy and radiation — even some deaths — that otherwise would not have occurred.

Notice how the “saves lives” part is mentioned in such an understated fashion. When the Establishment’s desired message was for us all to get screened, the media stories were all about LIVES SAVED!!!  Now, because the  message is to lower our expectations about the level of care we can receive under universal coverage, that part is quickly rushed by, so the focus can be on FALSE POSITIVES–and somehow we’re the idiots for having believed their salesmanship in the first place:

The message that we’re over-screening for cancer isn’t necessarily a welcome one to the American public either. A whopping 87% of U.S. adults believe that routine screening is “almost always a good idea,” and 74% believe early detection saves lives “most or all of the time,” according to a 2004 survey in the Journal of the American Medical Assn. Most said they’d continue to get their screening tests even if their doctors advised against it…Part of the outcry stems from the fact that so many people know someone who was diagnosed with breast cancer in her 40s and appeared to respond to early treatment.

“Appeared” to respond to early treatment?  Most cancer patients DO respond to early treatment.

Also complicating matters is that it’s easy to identify cancer survivors whose tumors were caught by screening, but it’s nearly impossible to put a face on the woman or man who is hurt by over-screening.

But what is the nature of “hurt” caused by over-screening?

But finding cancers that respond to early treatment is only one of the potential outcomes from a screening test. Many tests produce false positives, prompting additional tests that can be invasive, expensive, time-consuming and anxiety-inducing. A study published this spring in Annals of Family Medicine found that 60% of men and 49% of women had gotten at least one false positive during three years of routine screenings for ovarian, prostate, lung and colorectal cancer. As a result, 22% of those women and 29% of those men had an invasive diagnostic procedure, the study found.

So? Nobody expects these things to be perfect. But if you have to balance a serious cancer going undetected for a year or two because you weren’t screened, versus having been induced into “anxiety” or having a biopsy (an invasive procedure), or even unnecessary surgery, which would you choose?

And this is the worst of it. We could be seeing the beginnings of a meme that doctors should not treat some early cancers at all:

And some identify small cancers that grow so slowly they’d never compromise a patient’s health. Many would even go away on their own. Statisticians and epidemiologists know this for a fact. The problem is, there’s no way to tell which of the tumors are dangerous and need to be treated and which are harmless and would be best left alone. So all of them get treated, often aggressively. The medical establishment calls this overdiagnosis.

“Overdiagnosis is the hardest thing to explain to people,” said Dr. Stephen Taplin, chief of the Applied Cancer Screening Research Branch at the National Cancer Institute in Washington, D.C. “No individual woman can know if they’re overdiagnosed. They know they have cancer, and they’re scared to death. It’s completely justified. But if you look at people overall,” he added, “there are some people who suffered that scare unnecessarily. If they had never known about that cancer, it wouldn’t have affected their life.”

As someone whose father died because the doctors at the Veteran’s Administration failed to do proper screening tests even after he exhibited symptoms, I know to the marrow of my bones how cancer caught too late affects lives.

I am not against adjusting general guidelines to reflect empirical data, but this new thrust seems to be far more than that.  Perhaps I am too cynical–how can one not be these days?–but it seem to me that the ground is being prepared to convince us that we are better off receiving lower levels of care.


Sunday, November 8, 2009, 10:54 AM
Wesley J. Smith

As we move forward toward centralized bureaucratic health care control, it is worth noting the problems in countries that already have it.  Ireland is apparently paying surgeons to do nothing, while surgeries are canceled because the department is over budged, and the lines grow ever longer.  From the story:

Three Irish surgeons have revealed that they are being paid a whopping $350,000 to do nothing. The three orthopedic consultants at Letterkenny General HospitalCounty Donegal have revealed that the Irish Health Service is paying them to “sit around doing nothing” while operating theaters are empty. Senior consultant and team leader, Peter O’Rourke said he is “frustrated and depressed” about the current working climate in Letterkenny General Hospital. The surgeon claims there is little or no work for his team in the busy hospital despite massive waiting lists for essential knee and hip surgeries known as elective surgeries. The health service has put such surgeries on hold until next year as the “elective” budget has overrun by $3.3 million.

That’s the way bureaucracy and centralized control works, and it is heading our way.  The good news, is that there is still time to stop this train. Indeed, more and more people are jumping off.

On a related note, I have a friend in Canada who experienced minor stroke symptoms three weeks ago. He is still waiting for an MRI.


Sunday, November 1, 2009, 11:44 AM
Wesley J. Smith

Orthopedic Surgeon Dr. David Janda has a blistering commentary on the newest House version of Obamacare that succinctly and powerfully illuminates the danger to all of us–well, not the elite who never are bound by the same rules–if this monstrosity passes. From his column “Obamacare versus the Hippocratic Oath (all emphasis within the text):

The sad fact is that the Obama-Pelosi-Reid Administration’s 1990 page health care reform bill (HR3962) and supplement(HR3961) violate The Oath by stripping  freedom from every person, family and business in Our country . This 19 ½ pound pair of documents, entitled ”Affordable Health Care For Americans Act,” will cost taxpayers over $1.2 Trillion, will institute 13 tax increases totaling $740 Billion, will increase Medicare Premiums to Seniors by $70 Billion, will cost shift $34 Billion to State budgets, and will cut Medicare benefits to Seniors by $426 Billion over ten years.

Janda doesn’t mention it, but the overall cost of the bill, which the CBO scored at over $1 trillion over the next ten years, is surely dramatically under estimated. That is because the CBO has to make its report based on the assumptions built into the bill–whether or not they have a shot in the dark of actually coming to pass.

Then Janda gets into a central core of my objections–health care rationing:

This current version of a Federal Government takeover of the health care delivery system is a carbon copy of what Obama, Pelosi and Reid tried to “jam” through Congress in July, with a couple of “new” additions to strip every American of even more Freedoms.  As Yogi Berra once said, “It’s deja vu all over again.”

This version gives the rationing board, already established through The Stimulus Bill (The Federal Coordinating Council For Comparative Effectiveness Research), additional funding to establish a “Center” to institute the rationing of care. Rationing is the heart and soul of this legislation. Rationing, as a method of “cost cutting,” is the most inhumane and unethical means of health care cost containment.   By definition, these bureaucrats will overrule licensed doctors, and preside over the denial of health care.

And get this bit proving his point:

The most glaring difference between the Obama-Pelosi-Reid health care bill from July and this “new” version is the elimination of a very important sentence from the previous bill.  The July Bill (HR 3200) provided for The Health Benefits Advisory Committee whose role is to make recommendations on minimum benefit standards and cost sharing standards. The July Bill charged this Committee with the mandate to “ensure that essential benefits coverage does NOT lead to rationing of health care.” The current Bill establishes the same Committee but ELIMINATES the prohibition on rationing care.

That’s really key because only a specific anti-rationing directive written into the statute can prevent the bureaucrats from doing the legislators’ dirty business, the points of which are deniability and unaccountability, as in, “I didn’t vote for health care rationing. I had no idea!”  But they are if they vote yes to Obamacare, and they do know that it will lead to rationing.  In fact, that is their intent. They are just too cynical and anti-democratic to admit it to our faces.

There is one problem with Janda’s analysis: Most doctors don’t take the Hippocratic Oath anymore. Indeed, it is being systematically undermined as a fundamental statement of ethical principle in universities and med school bioethics courses, where the doctors of tomorrow are taught utilitarian bioethical principles, to accept dual–and sometimes conflicting, mandates–between their patients and “society,” and the propriety of taking human life in the course and scope of providing medical services based on quality of life judgmentalism.


Wednesday, October 21, 2009, 9:01 PM
Wesley J. Smith

Some of my critics claim that I am wrong to tie what happens in the UK to Obamacare.  They are wrong.  Obamacare envisions instituting centralized cost/benefit/best practices boards that would set the standards of care, what is covered and what not, and eventually who is covered and who not.

The UK’s National Institute for Health and Clinical Excellence–the Orwellian-named NICE–is the template promoted by Obamacare’s primary non government pusher, Former Senator Tom Daschle, called by the New York Times to be the most influential adviser to the POTUS and Congressional Democrats on health care reform.  Indeed, he has repeatedly stated we need an American version of NICE.

That means what NICE does matters to Americans.  And NICE has just refused to pay for chemotherapy for terminally ill breast cancer patients that would extend their lives two to four months.  From the story:

A drug which can give women with advanced breast cancer extra weeks or months of life has been turned down by a government watchdog body for use in the NHS. The National Institute for Health and Clinical Excellence (Nice) says it proposes to reject Tyverb (lapatinib) in spite of changes in the rules brought in specifically to allow people at the end of their lives to have the chance of new and often expensive treatments.

Tyverb is the only drug licensed for women with advanced breast cancer whose tumours test positive for a protein called HER2 and for whom Herceptin, a Nice-approved drug, is no longer working. In much of the rest of Europe, Tyverb is then given, in combination with a standard chemotherapy drug called capecitabine. Around 2,000 women in the UK could be eligible for the drug, which has the additional benefit of being taken in pill form, which means that women can stay at home and attempt to live normal lives. Nice turned down Tyverb earlier this year, saying it was too expensive for the benefit to patients it offered…

And don’t forget NICE also pushed the Liverpool Care Pathway, that may have brought back door euthanasia to the UK.  Similarly, we recently discussed a similar refusal of coverage in Ontario, Canada, for life-extending colon cancer chemotherapy.

This is our future if we pass Obamacare, unless we explicitly forbid by statute such rationing power to the cost control boards. But attempts to do so have all been turned down.  NICE isn’t nice, and it is an approach to health care that Americans should reject.


Tuesday, October 20, 2009, 11:04 AM
Wesley J. Smith

I have a piece in today’s NRO about the Liverpool Care Pathway, which we have discussed here previously at SHS. From my column:

The United Kingdom continues to provide vivid warnings about the dangers of centralized health-care planning — a real possibility under Obamacare. Within the last few years, the U.K.’s notorious rationing board, the National Institute for Health and Clinical Excellence (NICE), urged hospitals, nursing homes, and hospices to follow an end-of-life protocol known as the Liverpool Care Pathway. The Pathway’s guidelines instruct doctors to put patients thought to be near death into a drug-induced coma, after which all food and fluids, as well as medical treatments such as antibiotics, are withdrawn until death.

The problem with such a protocol is that no matter how well motivated — and undoubtedly, the Pathway’s creators had good intentions — follow-the-dots medical protocols often lead to patients being treated as members of a category rather than as individuals. At that point, nuance often goes out the door, and mistakes, neglect, and even oppression frequently follow.

I get into some of the horror stories, such as the man put into a coma and dehydrated who turned out not to have cancer.  And then I tie the Pathway into Obamacare:

This is precisely the paint-by-the-numbers medical approach that Obamacare threatens to bring across the pond to our shores. Indeed, former senator Tom Daschle — whom the New York Times called the most influential adviser to the president in the health-care debate — has long urged that America adopt NICE-style centralized medical planning. Indeed, according to Scott Gottlieb, writing in the Wall Street Journal, Daschle “argues that the only way to reduce spending is by allocating medical products based on ‘cost effectiveness.’ He’s also called for a ‘federal health board’ modeled on the Federal Reserve to rate medical products and create central controls on access.”

Chillingly, current Obamacare plans call for the creation of many cost/benefit/best-practices boards, the full power of which won’t be fully known until the bureaucrats promulgate tens of thousands of pages of regulations between now and 2013, when the law would go into effect. Making matters more alarming, these boards would not only govern treatment provided in any public-option health plan, but would also be empowered to set the standards of care paid for by private insurance. Unless the final version of Obamacare is amended explicitly to prohibit such centralized health planning, don’t be surprised if an American version of the Liverpool Care Pathway comes soon to a hospital or nursing home near you.

Obamacare is intent on cutting costs. The great danger is that while the government will never ration its own spending, never cut its own perks, never decide that a program has outlived its usefulness, it will readily cut the most vulnerable among us out of life itself.


Monday, October 19, 2009, 2:26 PM
Wesley J. Smith

Drudge has a story up about a proposed–but not yet implimented–Florida plan to prioritize care in the event of a terrible flu outbreak and resulting severe resource shortage.  I just heard Rush Limbaugh call it a death panel.  I don’t agree–mostly–and depending on the details.

In thinking about this, we have to keep in mind the legitimate ethical distinction between the prioritization process of triage, and the invidious discrimination of explicit rationing.  From the story:

Florida health officials are drawing up guidelines that recommend barring patients with incurable cancer, end-stage multiple sclerosis and other conditions from being admitted to hospitals if the state is overwhelmed by flu cases. The plan, which would guide Florida hospitals on how to ration scarce medical care during a severe flu outbreak, also calls for doctors to remove patients with poor prognoses from ventilators to treat those who have better chances of surviving. That decision would be made by the hospital. The flu causes severe respiratory illnesses in a small percentage of cases, and patients who need ventilators and are deprived of them could die without the breathing assistance the machines provide.

In June, Florida Surgeon General Ana M. Viamonte Ros sent the draft guidelines — which had already undergone a series of internal revisions — to 16 state medical organizations for their feedback. But the state has not yet publicized the guidelines or solicited input from the general public. The Florida Department of Health released a copy of the draft plan at the request of ProPublica, a nonprofit news organization, which provided it to the Sun Sentinel.

Of course, it all depends on the details ultimately promulgated, but let’s take a closer look without judging a plan still being worked out: If more people need ICU care than there are beds, principles of triage permit responders to prioritize who receives admission to the unit, allowing the sickest or most injured who have the best likelihood of recovery to receive priority.  The idea isn’t to ration and exclude anyone from treatment, but to determine who gets help first and who later.  And the other patients should still be cared for as best as possible.

Thus, if you have five free ICU beds and eight patients who need them–two of which are dying of cancer and six flu patients who are critically ill but who can survive–it is not invidious discrimination to give the sickest five flu patients most likely to recover priority in admission over the one remaining flu patient and the three actively dying cancer patients. But that doesn’t mean these others shouldn’t receive help or that they shouldn’t receive ICU as soon as possible.

However, I think that it would be wrong to force patients already receiving ICU treatment out of the unit.  That is a step beyond triage and into discriminatory rationing.  I think that for purposes of triage, only those available beds should be counted, not all beds. Otherwise, the process will quickly descend into quality of life judgmentalism, age discrimination, ableism, etc.,  rather than true triage prioritization based on survivability, and not quality of life.

These are nuanced matters. But guidelines tend to be applied very bluntly in clinical settings.  Thus, it really is important that this proposal make a clear distinction between bona fide triage–ethical–and rationing based on discriminatory value judgments of patient moral worth–unethical.

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