It was predictable that Baroness Finlay would challenge Lord Carey of Clifton, the Archbishop of Canterbury. Sometimes reflection and experience can change ones mind, as it has for Lord Carey, but despite a majority in the profession doing the same, the Baroness remains adamant. Following these two letters is Richard Smith’s “Death and the bogus contract between doctors and patients” BMJ 2022; 377:o1415 now chair of the UK Health Alliance on Climate Change. Death and Climate Change seem to be two subjects that share different forms of denial. Sometimes a patient needs more than one doctor consulting him about a serious illness with a “no win” choice to be made. Oncologists consulting alone are not equipped to offer realistic choices to patients they are meeting for the first time. A palliative care doctor or a GP with a special interest might be appropriate.. or referral back to their GP for discussion about options. If “The Health and Care Act 2022 now requires the NHS to provide palliative care services.” and this is implemented, we might see some changes to the post code differentials. NHSreality asked for this 8 years ago. Richer areas may have hospices and poorer areas have often choose “hospice at home” as a pragmatic reality. Citizens may prefer the former, but patients often prefer the latter, and this form of care is certainly less capital intensive and demanding. How will government reconcile this dissonance? Hospice at home is educational and certainly not “bogus”. My search of the new act gets no hits for “palliative” or “terminal” care….
ASSISTED DYING 27th June 2022 in the Times
Sir, The Church of England is reportedly adamant that it will maintain its official policy on assisted dying at the General Synod next month (report Fariha Karim “Church of England vows not to support assisted dying law,” Jun 24). I would expect, therefore, that the church still strongly supports a royal commission on the topic, a stance adopted in 2014. This was backed at the time by senior clergy including the Archbishop of York, John Sentamu, during debates in the House of Lords on Lord Falconer of Thoroton’s Assisted Dying Bill. Since then, the argument for a review of our laws has strengthened.
With proposals for assisted dying legislation progressing in Scotland, Jersey and the Isle of Man and with states and nations across the Commonwealth and Europe continuing to legalise this option, it is only right that we reflect on what our present laws really mean for people at the end of their life and their families.
If the church were to revoke its support for an inquiry, it would raise serious questions about whether it is truly committed to fair and open debate. And in that spirit surely it is time for church leaders to listen to people in the pews who, like me, have changed their views as a result of seeing terrible suffering and indignity towards the end of the lives of those they know and love.
Lord Carey of Clifton
Archbishop of Canterbury, 1991–2002; Newbury
(The Times of Malts explores this further in “Who decides when a person should die?” 27th June 2022)
and in 2005 “Is political correctness undermining Christianity?
PRIORITY OF PALLIATIVE CARE The Times 28th June 2022
Sir, Lord Carey of Clifton (letter, Jun 27) overlooks the important advances in care of the dying, and still proposes death as a solution to medical problems. The Health and Care Act 2022 now requires the NHS to provide palliative care services. Until now, palliative care needs had to be met by charitable fundraising, leaving more than 300 people a day unable to access specialist palliative care. The Church of England leaders are calling for better care for all: they recognise the dangers of licensing doctors to provide lethal drugs (“Church vows not to bend on assisted dying law”, Jun 24). Such lethal cocktails are experimental and unevaluated. Campaigners’ proposals have not contained safeguards, only vague qualifying conditions, which are easily widened in scope to include serious conditions such as anorexia.
Palliative care doctors in Canada now report that patients are fearful they will be offered death rather than care. Neither physician-assisted suicide nor euthanasia has a place in modern medical care. People need high-quality care at all times, not fatal shortcuts.
Professor Baroness Finlay of Llandaff, director, Living and Dying Well;
Dr Claud Regnard, director, Keep Assisted Dying Out of Healthcare
Update 29th June : END-OF-LIFE CARE
Sir, I join Professor Baroness Findlay of Llandaff and Dr Claud Regnard (letter, Jun 28) in welcoming the requirement for the NHS to provide palliative care. However, I disagree with their conclusion that the fear of Canadian palliative care patients of being offered death rather than care is a basis for rejecting assisted dying. A patient’s fear is often very different from the reality; it behoves palliative care doctors to deal sensitively with that fear. Individuals should not be denied the right to decide their future when that future has become intolerable.
Dr Allison Wroe
Edinburgh
Death and the bogus contract between doctors and patients.
Perhaps medicine is best understood when it confronts death. “That distinguished thing,” as Henry James called it, highlights misunderstandings, confusions, and contradictions. Until the 16th century it was not an aim of doctors to try and hold back death. God, in all his and her various manifestations, decided when people should die. It was not for doctors to get in the way of death. Indeed, to try and do so would be to insult God. The Renaissance philosopher and scientist Francis Bacon (1561-1626) was the first to argue that it should be one of the tasks of doctors to battle with death. But it was not until the middle of the 20th century that medicine developed effective means to delay death. Since then, medical research has been much more concerned with diseases like cancer and cardiovascular disease that are major causes of death than with conditions like depression and musculoskeletal and skin diseases more associated with suffering than death. (I remember hearing an American psychiatrist argue that psychiatry made a strategic mistake in not emphasising more that severe mental health problems are an important cause of premature death.)
Death attracts more research funding than suffering. Ironically, the medical specialty most associated with death, palliative care, attracts only paltry research funding because it is concerned with accepting death not defeating it. Is medical research out to defeat death? Certainly, large sums are being invested in dramatically extending life if not in defeating death altogether. Much of this investment is on the West Coast of the US where all of life’s problems, including death, are seen as soluble with enough money and genius. Conventional medical research is not aiming explicitly at defeating death, but implicitly it seems to be: it is aiming at curing all diseases.
Medicine’s implicit mission to defeat death provides the context when a doctor meets a patient with a life-threatening disease. This is when the bogus contract between doctors and patients may be at its most pernicious. I’ve written several times about the bogus contract, and at its heart is patients thinking doctors to have greater powers than they actually possess and doctors being painfully aware of the limitations of their craft but being reluctant to be fully open about those limitations.1 For patients it’s wonderful to believe that doctors can fix most of their ills. For doctors the gap between what patients wish they could do and what they can do is uncomfortable, but doctors may worry that a full confession may limit their therapeutic power and perhaps their status and income. The media contribute to the bogus contact in that they prefer tales of what look like medical miracles to medical disasters.
When patients with life-threatening illnesses consult doctors, they hope, or may even believe, that the doctors will be able to hold off, or defeat death. The doctors make their assessment and let us suppose for this discussion that they think that there is a 10% chance that they can keep the patients alive for five years. The doctors know that the patients will suffer great discomfort during the treatment and have a 90% chance of dying within a few years or even months.
What should the doctors say? To the rational person, perhaps an economist, it seems simple: the doctors should present all the options with as much information as possible. If a patient says, “You do what you think best, doc,” the doctor should say, “I can’t do that. This is your life. You are a unique individual you must decide, probably after talking to family and friends.”
Such conversations are rare. These are emotionally-charged encounters with death watching both patients and doctors. Patients want to hear that doctors can cure them, quickly and with minimal pain and discomfort. The doctors know what the patients want to hear, but will know that cure is highly unlikely, probably impossible, and that the treatment will be prolonged and involve much discomfort. The doctors wish that they could do more and may be attracted by new treatments of uncertain benefit.
The conversation that needs to happen has been called “the difficult conversation,” although others prefer “the anticipatory or essential conversation.” We know that it often doesn’t happen, and the Lancet Commission on the Value of Death (which I cochaired) lists many reasons why the conversations don’t take place: busy clinics; fear of extinguishing hope or creating despair; difficulties finding the right language; the fix-it, protocol-driven culture of much of medicine; lack of clarity about whose job it is to start and hold the conversation; and perhaps even cowardice.2
It is easier for both doctors and patients to launch into a conversation about the treatments available and how they will be given and then begin the treatment. One result is that patients can be days or even hours from death without either the patients or their families aware that the patients are about to die. Another possibility is that the palliative care team is asked to come and hold the conversation that should have taken place weeks or month before.
The bogus contract where patients believe that doctors can do more than they can and doctors go along with the belief is highly—I might even say fatally—attractive to both patients and doctors. But ultimately it causes excess suffering for patients and infantilises them, while doctors are left with the discomfort of being evasive, dishonest, or cowardly. The bogus contract also explains why, as the Lancet Commission found, 10% of annual health expenditure is spent on the 1% who die in that year.2
It takes courage from both patients and doctors to move beyond the bogus contract in all of healthcare, but especially when death is close, but everybody—patients, doctors, other health professionals, citizens, and taxpayers—stand to benefit.
FootnotesCompeting interest: RS was a cochair of the Lancet Commission on the Value of Death, which argued for the demedicalisation of death and it becoming much more a partnership among patients, families, communities, and health professionals with health professionals as supporters rather than leaders.
Feb 2022: We’ve got death all wrong, say doctors. Too much health service money is spent on our last years on “treatments” and not enough on “caring”. Teamworking is key.. GPs or palliative care specialists should be present at oncology clinics.. and Palliative care and levelling up.. Needs wants and demands for care..
Sep 2021: The perverse incentives and the post code lottery in palliative care both need addressing..
Feb 2021: Palliative care: Experts call for major reforms as pandemic accelerates demand by 20 years
Nov 2020: Assisted dying and good palliative care are NOT mutually incompatible.
Feb 2018: Choice and self determination in palliative care. Those in charge of us think they know our “will” better than we do…
2016: Advanced directives needed. Choice in death and dying. Lord Darzi warns of “draconian rationing”. GPs need to be involved at the interface of oncology and palliative care.
2016: GP workforce crisis set to undermine palliative care, BMA warns
2014: GPs should be encouraged to take on palliative and terminal care out of hours..
2014: Palliative and Terminal Care should be fully funded.
Local Government: Key provision of the Health and Care act 2022 – I see nothing in the LGA comments about palliative and terminal care.
David Oliver: A new legal duty to provide specialist palliative care BMJ 2022;377:o1146
The Times letters 2nd August: SURGICAL CHOICE
Sir, I welcome Mark Cheetham’s approach to collaboratively informing older people about their choices about prospective surgery (letter, Aug 1). Critical to the decision-making, though, should be where these patients will be cared for immediately after their operation, during rehabilitation and for the long term. This will significantly determine the success of the op. However, neither of the leadership contenders for prime minister, nor successive governments before them, have addressed this issue of cost and the acceptable provision of long-term care for older people. This is how operation numbers for older people are kept low and how censorship works in reality.
Christina Sell
Managing director, Arbour Companions and Care