Law, ethics, and emotion: the Charlie Gard case
BMJ 2017; 358 doi: https://doi.org/10.1136/bmj.j3152 (Published 04 July 2017) Cite this as: BMJ 2017;358:j3152
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When looking to the Charlie Gard case, we must appreciate the influence the media had on the situation. Where there might exist a gap between public knowledge and an organisation like the NHS, the media often serves as the bridge. In doing so, there is a duty to report in an impartial manner.
When ethical dilemmas arise, however, they are seldom reported impartially. As a medical student, we cover ethics: respect for autonomy, nonmaleficence, beneficence and justice are all cornerstones in medical ethics can conflict with one another and cause a shift in public opinion. The recent case of Charlie Gard is a perfect example, with news headings such as ‘UK doctors refuse Vatican offer to take Charlie Gard’. Understandably, in an emotional case like this, as highlighted by Clare Dyer, different angles like this inevitably exist. However, when the public send in death threats to health care workers at Great Ormond Street Hospital based on information from the media, we must review the influence that reporting has on the trust between the public and healthcare workers.
The Charlie Gard case is just one instance of what could be many more skewed representations in the media of the healthcare provided by doctors and nurses in the NHS. The British Social Attitudes Survey reported a drop in levels of trust in healthcare professionals from 30 percent in 2002 to 21 percent in 2014, with negative media reporting as a possible influencer in individuals with no recent personal contact with the NHS. In a system, dedicated to the British public, strained now more than ever by budget cuts, a shortage of doctors and lack of adequate resources, public trust is imperative, which can be helped or hindered by media reporting.
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I certainly hope that Ian Hudson (response 14 July) will not be 'vilified' for his response.
Although there is a difference between 'the NHS could not defensibly pay for a treatment [in the provision of 'fair treatment for all']' (which does not seem to be an issue here - and when it is an issue, I object to that justification being described in terms of the patient's best-interests) and the cost of a court case: the unfortunate reality, is that these court cases are sometimes inevitable in situations such as that of Charlie Gard. As Dr Hudson himself pointed out 'we have to ask that the courts make a final definitive decision'.
Where I am uneasy with respect to this very fraught and sad case, is that it seems the court will not necessarily be ruling about whether Charlie should die at home, if the ruling is that further treatment should be withheld. I hope the court will strongly indicate whether Charlie should die at home, if the ruling is for life-support to be withdrawn:
https://www.dignityincare.org.uk/Discuss-and-debate/Dignity-Champions-fo...
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1. Nothing personal.
2. I hold the opposite view. Quite right that there is crowd funding in this case though I did not contribute. ( I did contribute my mite to the Junior Doctors' case).
3. I recall the case of the West country toddler who was prevented by LEGAL ACTION from going abroad. Her Majesty went to the lengths of getting the father arrsigney before a court in Spain. As I recall it, ultimately the toddler did receive radiotherapy abroad and did get better. I do not know the final outcome. But the last press reports I read did say that he had got better. As I remember, the experts in our country had NOT expected improvement.
4. You mention the stress on the Gt Ormond Street consultants. Of course they are under strain. And of course they have done their best. And they are experts. But, please let us remember thst there are also OTHER experts.
Our courts will decide , in their wisdom, the best course . Would Dr Hudson not be satisfied with that?
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At the risk of personal vilification, is it not right to ask what the cost to the taxpayer and the NHS is of this increasingly vitriolic argument as to whether this desperately unfortunate child should receive treatment or not. Whilst the parents have received a significant amount of financial support through crowd funding, we know who is funding the ongoing care of Charlie and the legal representatives of Great Ormond Street. Even the media constantly refer to him as a terminally ill child. There is a simple definition to terminal.
Those of us who work as doctors are frequently faced with a relative’s attitude of ‘where there is life there is hope.’ Sadly, we all know that this is not the case here.
Whilst I have genuine sympathy with the understandable anguish of his parents, we have to ask that the courts make a final definitive decision and end this circus. If the decision is that they can take him for treatment, then do so without further delay and prevarication.
It would be interesting if we ever did get an honest answer as to how much this has cost the rest of us financially. There is also the inevitable damaging impact on the great staff of Great Ormond Street which cannot be calculated.
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There are estimated to be over 11,000 children on long term ventilation in the UK, many of whom face questions at some point during their treatment about whether it is appropriate to continue life support. Charlie Gard's case has brought a great deal of media attention not only because of the legal case but also because it is such a sad story and must be such an unbearable time for the obviously very loving and devoted parents.
It is so very sad when families and doctors don't agree. Doctors make every effort to come to a unanimous agreement with parents but this is not always possible and disagreements can go on for months. Cases are often not straightforward and the ethical debates are very complex and there isn't always a straightforward correct answer. It is essential that parents get the support they need at such difficult times. The public support has been incredible for this family but being in the public eye will inevitably add to the stress at the same time.
There is only one very small charity called Breathe On which is exclusively dedicated to long term ventilated children and their families and who has the internationally recognised medical expertise to be able to do this. The charity is most importantly independent from the NHS (though has an NHS doctor as the medical director). Our own family has been helped enormously by the Breathe On charity as our son is on long term nocturnal ventilation at home and was in hospital for over 3 years before being able to bring him home. The strain on the family is impossible to describe. There will inevitably become more children on long term ventilation and there is likely to be a more frequent need for the courts to be involved with a variety of ethical issues. This is why it is vital that this small charity expands.
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Just before coming to this article (David Oliver pointed at it on Twitter), I had posted (ref 1) something on Twitter about the Charlie Gard case.
In essence, I think the case reveals how difficult and often fraught the process of 'making a best-interests decision' is. The lesson I take - from my 'adult end-of-life' perspective - is that we should be trying to avoid engaging with 'best-interests decision-making' by doing our best to get any necessary decisions from the patients, in advance, if this is at all possible: then, avoid best-interests decision-making by respecting and following the decisions already made and expressed in advance by the patient.
I am aware that this is both difficult, and in some situations - such as long-term dementia - impossible to achieve. But it must surely be a fundamentally better objective, than to deliberately become involved with best-interests decision-making!
Ref 1 https://twitter.com/MikeStone2_EoL/status/884700787653455872
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Re: Law, ethics, and emotion: the Charlie Gard case
The heartbreaking UK court ruling to turn off 11 month old Londoner Charlie Gard’s life support will redirect futile care in the infant with no hope of recovery towards one with serious but reversible illness or injury. This improves equity and access to expensive treatments for the second child. There is no doubt that the ethical, moral and legal quandaries of whether to
withdraw ventilator-support from a child dependent on machine-assisted breathing are stressful for, indeed provoke strong emotions in, families and critical care staff.
Ongoing physiological support as decisions on treatment withdrawal are being deliberated in courts of law necessarily delay the availability of scarce intensive care beds to others. Other seriously sick children cannot afford to wait for all-round resolution between families, clinicians and courts.
Surely the high cost of intensive care and the diversion of scarce funds from other health care programs bears serious thought even in times of immense crisis. The health system cannot afford the thousands of pounds spent each day in prolonging the months-long suffering of a child with a severe metabolic illness. In the remote event that Charlie is weaned off the ventilator with the novel treatment that his parents have demanded, he is likely to be condemned to full nursing care for the rest of his natural life.
Joseph Ting, MBBS MSc (Lond) BMedSc PGDipEpi DipLSTHM FACEM.
Adjunct associate professor, School of Public Health and Social Work
O Block, Room O-D610
Victoria Park Road
Kelvin Grove, Brisbane QLD 4059
Queensland University of Technology, Brisbane
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