Question

Mr. Sakiewiec is a 32 -year-old man with severe mental retardation who has been institutionalized since childhood. He is noncommunicative and has never been able to verbalize his preferences on any decision. His parents are dead and the institution and a court-appointed guardian manages him. He has developed leukemia that is severe and incurable. Chemotherapy involves significant risk and discomfort and only a small chance of prolonging his survival. What should be done in terms of his medical treatment? a. Proceed with the chemotherapy. b. Confer an "expert panel" to determine therapy. c. Bone marrow transplantation. d. Ask the guardian what is in the best interests of the patient.

    Mr. Sakiewiec is a 32 -year-old man with severe mental retardation who has been institutionalized since childhood. He is noncommunicative and has never been able to verbalize his preferences on any decision. His parents are dead and the institution and a court-appointed guardian manages him. He has developed leukemia that is severe and incurable. Chemotherapy involves significant risk and discomfort and only a small chance of prolonging his survival.
What should be done in terms of his medical treatment?
a. Proceed with the chemotherapy.
b. Confer an "expert panel" to determine therapy.
c. Bone marrow transplantation.
d. Ask the guardian what is in the best interests of the patient.
Show more…
Medical Ethics for the Boards
Medical Ethics for the Boards
Conrad Fischer 3rd Edition
Chapter 1, Problem 43 ↓

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Sakiewiec's current medical condition, including the severity of his leukemia and the potential benefits and risks associated with chemotherapy.  Show more…

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Mr. Sakiewiec is a 32 -year-old man with severe mental retardation who has been institutionalized since childhood. He is noncommunicative and has never been able to verbalize his preferences on any decision. His parents are dead and the institution and a court-appointed guardian manages him. He has developed leukemia that is severe and incurable. Chemotherapy involves significant risk and discomfort and only a small chance of prolonging his survival. What should be done in terms of his medical treatment? a. Proceed with the chemotherapy. b. Confer an "expert panel" to determine therapy. c. Bone marrow transplantation. d. Ask the guardian what is in the best interests of the patient.
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Key Concepts

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Incapacity
This concept refers to a patient's inability to make informed decisions regarding their own medical care due to mental or physical limitations. In situations like this, where the patient’s decision-making capacity is compromised, it is essential to recognize that the patient cannot provide informed consent and that alternative decision-making processes must be employed.
Substitute Decision Making
Substitute decision making is the process by which a surrogate, such as a legally appointed guardian, makes medical decisions on behalf of a patient who is incapable of expressing their own choices. The surrogate is tasked with considering the patient’s overall values, preferences, and best interests when making healthcare decisions.
Best Interests Standard
The best interests standard is an ethical guideline used in healthcare decision making for patients who cannot decide for themselves. It involves evaluating all available benefits and burdens of the treatment options to choose the action that promotes the patient’s well-being and minimizes harm, ensuring that any decision made reflects the patient’s welfare.

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The Benefits and Harms of High-Risk Chemotherapy [Taken from Veatch, et. al. 2015. Case Studies in Biomedical Ethics. Oxford University Press, pages 72-73.] Joe Cavanaugh, a 58-year-old professor of economics, was diagnosed with chronic myelogenous leukemia (CML) several months ago. Though this particular type of leukemia is somewhat less responsive to chemotherapy, Dr. Cavanaugh responded well to a course of chemotherapy that he took orally shortly after his diagnosis. Dr. Cavanaugh's last blood count indicated that his white blood count was greatly reduced. During the course of his chemotherapy, Dr. Cavanaugh had become close to Heather Eyberg, Pharm.D., the clinical pharmacist in the cancer treatment center. After a follow-up visit with the oncologist, Dr. Cavanaugh stopped by Dr. Eyberg's office. Dr. Cavanaugh said, "The doctor has suggested several possibilities regarding my treatment. I trust you, and I would appreciate your opinion on my options. The doctor said that now that I have finished taking the oral chemotherapy, I could start interferon alpha or, if I want to be "cured," I should think about a stem cell transplant. The type of leukemia I have can rapidly change from this chronic phase into acute leukemia. If that happens, it is unlikely that anything would help, and I would not have long to live. The doctor wants me to think about a stem cell transplant. He said I could remain in this holding pattern for years, but there is no way of knowing. Or I could have high-dose chemotherapy and stem cell transplant. What do you think?" Dr. Eyberg respects Dr. Cavanaugh and his capacity to understand the risks and benefits involved in stem cell transplantation. She knows that allogenic hematopoietic stem cell transplantation (HSCT) is the only therapy proven to cure CML. If Dr. Cavanaugh has a sibling that is a match and has the HSCT within the first year of his diagnosis, he has a better five-year survival rate than those who undergo HSCT after the first year of diagnosis. So time is of the essence. The two options presented to Dr. Cavanaugh are essentially: watch, wait, take the interferon alpha and hope that the disease never progresses or take a chance on HSCT now. The risks of HSCT are substantial. The possibility of infection and other complications is very high. Since Dr. Eyberg is part of the cancer treatment team, she is unsure of where her moral commitment should lie. Should she counsel Dr. Cavanaugh to choose the least harmful course of therapy? The conservative route would probably be to watch and wait and take the interferon alpha. Yet, if the disease progresses to acute leukemia, there is little anyone could do to help Dr. Cavanaugh. However, Dr. Cavanaugh could be in the percentage of patients who never progress to this fatal phase of the disease. Even if he eventually did change to the fatal phase, Dr. Cavanaugh might have many good years with his wife and children until then. Dr. Eyberg could also counsel Dr. Cavanaugh to choose that option that maximizes the benefit for him. It is hard in this situation to determine which course of action will do the most good in the long run. Clearly, HSCT holds greater risk in the short run but offers the potential for a cure of Dr. Cavanaugh's leukemia in the long run. Finally, Dr. Eyberg is troubled by the memory of another patient with a similar diagnosis who recently chose the option of HSCT and did not survive the procedure. Given all of these considerations, Dr. Eyberg is not sure where to begin. Question: How would you counsel Dr. Cavanaugh? Use the principle of beneficence and/or nonmaleficence to support your response. Make sure you cite from the reading in your response.

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