Who should decide when care is futile?

A New Jersey case raises pressing policy questions.

August 19, 2010
  • Protesters pray outside a Florida hospice shortly before Terri Schiavo's death in 2005. Ruben Betancourt's case in New Jersey revisits some of the same issues.

By Arthur Caplan

Ruben Betancourt died on May 29, 2009. Last week, a New Jersey appellate court declined to rule on the heated dispute that had broken out between his family and a North Jersey hospital over stopping his medical care prior to his death.

It's not often that the nonruling of a court holds national significance. But the state Appellate Division's punt in this case merits our attention.

Betancourt, 73, had undergone surgery at Trinitas Regional Medical Center in Elizabeth to remove a tumor from his thymus gland. The surgery went well, but during his postoperative recovery, Betancourt's breathing tube somehow became disconnected, and he suffered severe, irreversible brain damage.

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As a result, Betancourt wound up needing a ventilator, kidney dialysis, and a feeding tube. He soon developed terrible skin ulcers and infections.

The doctors at Trinitas believed it was pointless to continue treating Betancourt. His brain was permanently and severely damaged, his kidneys would never work again, and his skin would only continue to fall apart.

Betancourt's daughter and the rest of his family did not agree. They wanted all treatment to continue.

The hospital unilaterally imposed a do-not-resuscitate order, meaning the staff would not try to revive Betancourt if his heart stopped. The family went to court and persuaded a judge to have the order rescinded. Then the hospital went to court to have it restored.

In the midst of all this fighting, Ruben Betancourt died.

Should doctors ever be able to decide that medical care is futile and stop treatment regardless of the wishes of a patient's family, friends, or guardians? It's a huge question, and it will only become more pressing in the years to come, as more and more patients' lives are prolonged with expensive medical technology.

Today these cases are almost always worked out quietly, without lawsuits. In my experience, the hospital usually backs down, and care goes on.

But that may not be the right answer in every case. And doctors, who often feel frustrated by situations they deem futile, don't press to end care for a variety of reasons, including the risk of adverse publicity and the money to be made providing more care.

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