Government Death Panels and a Duty to Die

2009 August 23
by Matt Deaton

It’s health reform crunch time and the propagandists are busily at work. Increasingly louder are cries that government “death panels” will oversee end of life care, eager to pull the plug on grandma to cut costs. Advocates of a government option quickly dismiss the idea as a shameless scare tactic, something no civilized people could ever entertain. Life is sacred, and of course we’ll gladly extend human life as long as technologically possible. But is it OK for us to ask our fellow citizens to bear the costs of an excessively long death? Is it even OK to ask our families to bear those costs–the emotional and financial burdens of stretching death for weeks? Months? Out of respect of our loved ones, John Hardwig says no, and here I apply that same logic to the bigger picture, extending his “duty to die” onto anyone receiving healthcare at the taxpayers’ expense.

It is these connections that can, tragically, generate obligations to die as continuing to live takes too much of a toll on the lives of those connected to us.–John Hardwig from Is There a Duty to Die?

Hardwig famously (famously within bioethicist circles, anyway) argued that sometimes, perhaps often, we have a duty to die–to refuse life-extending treatments or even actively kill ourselves, rather than slowly waste away. 

“Our individualistic fantasy about ourselves sometimes leads us to imagine that lives are separate and unconnected, or that they could be so if we chose. If lives were unconnected, then things that happen in my life would not or need not affect others. And if others were not (much) affected by my life, I would have no duty to consider the impact of my life on theirs… But this is morally obtuse. The fact is we are not a race of hermits — most of us are connected to family and loved ones. We prefer it that way… But being with others is not all benefits and pleasures; it brings responsibilities as well. For then what happens to us and the choices we make can dramatically affect the lives of our loved ones. It is these connections that can, tragically, generate obligations to die, as continuing to live takes too much of a toll on the lives of those connected to us” (Is There a Duty to Die?, 2000: page 14).

If his argument works, wouldn’t similar logic also saddle recipients of government healthcare with a similar duty to die? The emotional burden would be absent, for I am unaware of countless strangers suffering their final days at this very moment. But the financial burden is very real, though not as direct. Funds used to extend their lives aren’t taken directly from my savings account, and the bill isn’t mailed directly to my home. But my and your tax dollars are indeed used to pay the doctors and the hospitals that keep them alive, perhaps at some point excessively and unnecessarily so.

What do I mean by “excessively” long deaths or people kept “unnecessarily” alive? I have in mind those with qualities of life so diminished that their existence is hardly recognizably human. I’m not talking about an otherwise healthy and young person, with much of their lives in front of them, who suffers some tragedy and needs time to heal. Those folks can actually get better, and so resources used for their benefit seem well spent. But in cases where there is little or no hope for recovery (especially for the elderly, with little life left to live, even if they do recover), and a daily routine that consists of little more than pain and delusion, not only is the individual left to suffer, but so too are their familial witnesses. The case is even stronger when a person permanently loses consciousness. Extension of such a life seems pointless–even harmful–and thus unnecessary and excessive.

But keep in mind–Duties and obligations are not absolute. They never exist in isolation, and are rarely powerful enough to compel action on their own. Particular duties must be balanced against other competing duties before we can decide what we all-things-considered should do. So even if it’s the case that I may someday have a duty to my fellow citizens to refuse life-extending treatments out of concern for the federal budget, that doesn’t mean this duty couldn’t be overridden by supervening obligations to a grandson–to see him graduate high school, to my wife–to see her through our 75th anniversary, or to my readers–to complete one last blog post. Thus, the duty isn’t all-powerful or in all cases reason enough to pull the plug. All I am arguing is that the duty to die is real and sometimes powerful, and that not only does it obtain out of respect for one’s family, but sometimes out of respect for one’s fellow citizens.

None of this is to say that the so-called “death panels” are necessarily a good idea. With limited resources and promotions on the line, I can certainly see the opportunity for abuse. But if we think sometimes people should just go ahead and die, and that lives aren’t always worth the cost of extension, maybe the idea isn’t as ludicrous as it first sounded. And if you buy that, there’s no reason to wait for socialized medicine to call your Congressperson–millions are already dependent on Uncle Sam for their end of life needs–just take a look at Medicare.

6 Comments leave one →
2009 August 26

“But in cases where there is little or no hope for recovery (especially for the elderly, with little life left to live, even if they do recover), and a daily routine that consists of little more than pain and delusion, not only is the individual left to suffer, but so too are their familial witnesses. The case is even stronger when a person permanently loses consciousness. Extension of such a life seems pointless–even harmful–and thus unnecessary and excessive.”

How about government-mandated cryogenic freezing? Then they could unfreeze you when they had developed technology sophisticated enough to make you live forever. Teddy Kennedy 4Prez in 2016!!!

Seriously though, this reminds me of an episode of This American Life I heard on NPR a while back. They had an hour-long radio documentary about social workers in major metropolitan areas who have to deal with people who die alone in their homes with no family or friends. Apparently big cities, like LA and NYC, have special task forces, or just one lonely investigator, charged with going through a dead shut-in’s material belongings, looking for evidence of wills, funeral arrangements, and any other documents about their finances and possible long-lost relatives. If they don’t find any contact for the person, the belongings and any savings are either sold at a public auction or donated to charity, and the body of the deceased gets cremated.

The creepiest part was, once a year, the investigators will appoint a chaplain to have a funeral for the anonymous dead. They’ll be buried in a mass grave, just a little 3′x3′ cube, where all their ashes are mixed together and covered with a layer of dirt, marked by a little footstone that only says the year of the burial. The funerals are always open to the public, and they said that sometimes people will show up, just out of the blue. After the little secular ceremony, the grave is covered up and left, the latest installment in a long line of footstones year after year, stretching back for decades, or even centuries.

Cities are weird places, man.

http://www.thislife.org/Radio_Episode.aspx?episode=346

2009 August 26

This brings up a similar question: Does an individual have a duty to live for others? I believe the answers to both questions are related.

I think most of us would reason that an a person’s life is her own and she can end it if she chooses. However, if people have a duty to die, because our life takes too much of a toll on others, then it stands to reason that people also have a duty to live, if their lives can offer much to others. This reasoning then removes an individuals right to end her own life.

Personally, I don’t like this implication and so I reject it. In the average case, I believe an individual should be able to decide the time of their own death. Similarly, I see nothing wrong with an individual deciding to continue living, even at expense to others. Indeed, we do it every day and we have no metric that proves our lives enrich the lives of others more than we deteriorate them.

My existence today has financial and emotional costs on people directly and indirectly connected to me. How much money do I have to make, or how many friends must I have before my life is deemed too worthy to be ended? How much should I cost my fellow citizens, or how many enemies must I have before my life is forfeit? I answer all of these last questions with one word: none.

2009 August 27
Matteson permalink

Matt: I’m with you on this, as I think you might have guessed.

Ed: I don’t think that the argument works both ways. There seems to be something different between “a duty to benefit others” and “a duty not to be an unreasonable drain on others.”

If those aren’t equivalent then we might have the duty to die and not a duty to live. (Or the other way around.)

I’m not sure why you say “Similarly, I see nothing wrong with an individual deciding to continue living, even at expense to others.” Could you say more about that? Are there any limits on that statement?

2009 August 31
Chris M. permalink

http://www.youtube.com/watch?v=grbSQ6O6kbs

I agree with the principle of a duty to die, but I don’t think the family ethics can be extended to society without some public/private qualifications. It would be too much of a taxpayer burden for the government to extend every terminal patient’s life indefinitely, but as Ed suggests, there’s just something unAmerican about individual death by bureaucracy. So instead of “death panels,” how about “palliative care” panels?

A “coalition of stakeholders” (as the infamous bill puts it) could decide when a patient being treated for a terminal illness no longer warrants a hospital bed, and limit public support to the resources necessary for in-home palliative care. No artificial life-support technologies, just physical therapy and medicinal pot until they give up the ghost. Requiring that hopeless patients to be left to their family’s care outside of the hospital would cost less to the public, free up hospital staff, technology, and infrastructure, and indeed leave the dying patient in a much more loving, and far less clinical, environment from which to depart. If the family decides to use their own resources to artificial extend the individual’s life, the state could reasonably be required to provide whatever limited resources fall under the “palliative” criteria.

The basis of this public duty to provide palliative care would not rest on an individual’s rights, or the sanctity of an individual’s life, but rather on the claims that a loving family can make on the state as healthcare provider. Dr. Hardwig’s argument introduces the possibility of obligations generated by “connections,” and the possibility that “being with others” brings responsibilities not traceable to an ethics of the individual. To me, by opening the door to rights and claims made by families on their dying members, we also open the door to rights and claims made by families on their political communities. By taking the connected family as a moral unit, we can see how the state might be required to provide the family with palliative care for its elders and terminally ill, while limiting that requirement just outside the hospital’s automatic doors.

If I may attempt to unearth the intuition that makes “death panels” unAmerican, it may not be that the state should artificially extend every citizen’s life indefinitely. Rather, it may be that in the United States, the decision to end an innocent person’s life simply should not be made in public, by the public, or for the public good. It has to be a private decision, arrived at by the private family, in the privacy of the home. The American intuition seems psychologically programmed to avoid acting on the public good, but the good of the family seems to gain national priority with each election cycle. So while the state may not have the authority to decide when to pull the plug, it could still have the authority to limit what we as taxpayers are required to provide for families that wish to extend their terminal relations’ lives. Families that cannot afford life-extension, then, have a right to unlimited palliative care, but not the resources that can compensate for organ and brain failure available in a hospital setting.

As for terminally ill patients with no family or friends, assuming they have a home, they could be provided with whatever prescriptions or oxygen tanks would help make them more comfortable, and a weekly visit from a nurse or therapist would be a much more reasonable provision from the state, without putting the public in the awful position of “pulling the plug on grandma” (or, in this case, “crazy cat lady down the road”). True, there would still be the rare, tragic case of the poor old man with no one to turn to and no place to go other than Our Lady of Utility Maximization’s Community Healthcare Center. But then, the public interest in extending his life is quantitatively nil. If there are religious organizations who object to the state’s refusal to act on the sanctity of this old man’s life, let them establish private “never say never” clinics with funding from the likes of Bill Frist.

http://www.youtube.com/watch?v=FBYk4F164Hk

2009 September 19

Excellent post.

It may sound trite, but there is no easy answer here. Absolutist positions fail. We cannot just let people die when the cost of their treatment exceeds a preset limit, and we cannot spend all of our limit health care resources trying to keep people alive when they are in a terminal vegetative state.

We have to make subjective choices about when extreme measures are taken. Are we doing that now? Yes. Health insurance companies are doing it. And the market is doing it, in the sense that people with more money have more options.

I think that the thing about these methods that appeals to people is the fact that the decision is made by someone else, or by economic realities. I don’t pretend to have a better solution, but if you believe that these decisions should not be based on someone’s financial situation, then you probably won’t agree with the current system.

2009 November 6

Great points, Peter. Hard and fast criteria on when to treat and when to let die are indeed difficult to articulate without risking looking over some relevant factor in some obscure case. That’s why maybe we should prefer panels made up of a range of professionals and citizens alike.

I’m happy to plug more work for bioethicists, so there should certainly be one of those on board. Add a few specialized physicians–an oncologist and a geriatrician at least. Then a federal employee with access to a particular hospital or region’s medical budget. And then maybe a rotating slot for John Public similar to jury duty.

The decisions wouldn’t be between treating and killing, but between providing life-extending and life-comforting care. As you point out, these sorts of decisions are already made by insurance companies and by the cold forces of the market. The hope is that a democratically accountable panel of mixed experts and advocates would be more fair and more compassionate, even if they’d inevitably upset families when decisions didn’t align with their personal interests.

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