Time Stamps
Show Notes
- Intro
- Background info about surrogate decision-making
- How do surrogates get this role?
- When do surrogates get involved?
- How are surrogates supposed to make decisions?
- Expressed wishes: The patient has documented withes in an advance directive, or has made statements in the past about what they would have wanted if they became sick
- Substituted Judgement: Surrogate is asked to make decisions that are in line with what the patient would have chosen for himself
- Best interests: Surrogate is asked to make the decision most likely to protect the patient’s well-being in terms of pain, suffering, quality of life, and potential benefit
- Surrogate Challenges
- Challenge 1: People don’t always know what they’re getting into
- Challenge 2: It’s tough to truly know a patient’s goals of care
- Challenge 3: Surrogates have to make these decisions despite everything else going on in their lives
- Challenge 4: These are incredibly difficult decisions to make
- Family members of 284 patients who had been admitted to the ICU were asked to complete a survey about PTSD symptoms 90 days after discharge or death. The study found high rates of symptoms consistent with moderate to major risk of PTSD in 47.8% of family members who participated in shared decision-making, and 81.8% of family members who shared in end-of-life decisions (81.8%).
- Clinician Challenges
- Challenge 1: Sometimes surrogates make decisions that seem to differ from the patient’s stated wishes or living will.
- A meta-analysis looking at studies measuring the concordance of patient and surrogate decision making found that surrogates accurately predicted patient preferences only 68% of the time.
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- However, this may because people’s preferences change over time. 401 people over the age of 65 were surveyed several times over the course of two years. In these surveys, they were presented with several serious illness scenarios and asked what their preferences would be for life-sustaining medical treatments. Preferences fluctuated over the course of these two years: specifically, the 88 people who were hospitalized during this period had a dip in their wishes for life-sustaining treatments shortly after discharge, but this change in preference was fleeting, and their preferences tended to return to prehospitalization levels several months later.
- Many patients are ok with surrogates and physicians using their own judgement. A 2000 study surveyed 1100 hospitalized adults found that about 70-80% would prefer to have their family and physician make decisions about resuscitation for them if they were to lose capacity. Only 20-30% wanted their advance directives strictly followed.
- Challenge 2: Clinicians think the patient is receiving medically futile care when surrogate wants everything done
- Remember that our idea of a “good death” may not be what our patients want for themselves. Physicians and patients often have different values at the end of life. For instance, 48% of patients surveyed agreed that they would want all “available treatments no matter what the chance of recovery”, whereas only 7% of physicians agreed with that statement
- Challenge 1: Sometimes surrogates make decisions that seem to differ from the patient’s stated wishes or living will.
- Lessons for Clinicians
- Lesson 1: Start with listening
- “Problems with communication between clinicians and surrogates in ICUs have been well documented; these include a failure to conduct timely interdisciplinary meetings with the family, missed opportunities to provide emotional support to surrogates, and inadequate discussion of prognosis, patients’ values, and the option of comfort-focused treatment. These breakdowns in communication may contribute to the use of expensive, burdensome treatments that do not align with patients’ values and preferences and to long-term symptoms of psychological distress among surrogates.”
- Allowing surrogate decision-makers to be heard has a big impact on their experience. A 2004 study in Critical Care Medicine tape-recorded and analyzed 51 family meetings. The length of the meetings didn’t have an impact on family satisfaction, but the proportion of the time families spent speaking was positively correlated with family satisfaction, and negatively correlated with family ratings of conflict with the physician.
- A study of surrogate opinion of physician communication found that surrogates found it helpful to have frequent contact, lots of jargon-free information about the patient, and emotional support.
- Lesson 2: Validate Emotions
- A 1999 study of breast cancer survivors wanted to know if 40 seconds of time spent providing emotional support could reduce patient anxiety. They showed study participants a video of a physician explaining metastatic breast cancer treatment options to a patient. There were two versions of the video; a “control”, and an “enhanced compassion” video in which the physician spent 40 seconds providing emotional support. Participants showed the “enhanced compassion” video were less anxious than participants who were shown the “control” video.
- Lesson 3: Provide prognostic information
- Lesson 4: Provide Guidance
- Lesson 5: Encourage these discussions early and include surrogates early
- A 2007 study of family members of 126 patients dying in 22 ICUs in France found that family members who had longer end-of-life conferences, spent more of the conference time talking, and were provided with a brochure on bereavement had lower rates of PTSD 90 days after the patient’s death (45%) than family members who were in the control group (69%)
- A 2013 survey of 35 surrogates who had recently made decisions for an inpatient 65 or older found that they often stated that they wished they had more information about the patient’s wishes, and without that information they struggled to feel confident in their decision. The study recommended that advance care planning could help fill the gaps in surrogate knowledge and alleviate the stress associated with decision-making
- Lesson 1: Start with listening
- Take-home tips/Conclusion
Transcript
I. Intro
Ali: I feel pretty comfortable that, that we need the right decision for her, but it’s still something that I think, I don’t think I realized how hard that decision would be to make.
Margot: We wanted to start off with the voices of people whose experience doesn’t always reach the spotlight: surrogate decision-makers. Surrogates are people who make decisions for patients who can’t make decisions for themselves, and they face a unique set of challenges that we don’t generally learn about in our training. Today we’re going to talk about those challenges, and find ways that clinicians can support surrogates through the decision-making process.
Welcome back to At the Bedside. I’m Margot
Jafar: I’m Jafar
Tamar: And I’m Tamar
Margot: Let me introduce our expert, Dr. Lisa Vig, who spoke with us about her research on surrogate decision-makers.
Dr. Vig: I am a geriatrician and a palliative care specialist. I am based at the Seattle VA hospital and I am also on the faculty at the University of Washington. I am the Chair of the Ethics Committee, uh, here at the VA.
Margot: We’ll also be speaking with four people who have been surrogate decision-makers, who we’ll introduce in full a bit later.
II. Background info about surrogates
Tamar:
We wanted to start with a very brief bit of background on how surrogate decision makers, or healthcare proxies, get appointed and how they make decisions. So they’re usually chosen by patients, either in an advance directive or by just telling a clinician, which often happens when a patient is admitted to the hospital. If a patient doesn’t have capacity and doesn’t have a surrogate, there are legal hierarchies that we can follow to designate one. For example, in New York, it’s a legal guardian, followed by a spouse or domestic partner, then an adult child, and so on.
But how are surrogates supposed to make decisions for the patient? What are they supposed to take into consideration? The usual expectation is that they’ll follow the patient’s expressed wishes, either from conversations they’ve had or an advance directive. But often this information doesn’t account for every possible situation. So then what?
We ask surrogate decision-makers to use substituted judgement. Essentially, we’re saying: “You know the patient well, what would he have wanted if he could make this decision for himself?” And we kind of take that for granted, but if we think about it, why is substituted judgement considered the best path forward? And is it really that achievable?
Dr. Vig: If you look in the ethics literature, there’s actually kind of a raging debate about this. In America, we are very autonomy focused. If we’re focusing on autonomy, we’re letting people make their own decisions, then I think substituted judgment sort of arose when people couldn’t sort of participate anymore as a way to continue to honor their autonomy and their personhood when they couldn’t tell us what they wanted anymore. But as we know, that’s problematic, right? Because there are a bunch of studies that show, you know, they’ve asked the patients what they would want and then they go find their surrogates and ask them what the patient would want, and then they match it up and it’s really not that great.
Tamar: So as Dr. Vig points out substituted judgement doesn’t always meet its goal. And beyond that, sometimes a surrogate may not even have a guess for what a patient would want. So then what? If the patient’s known values can’t guide the decision then we turn to the best-interest standard: the decision most likely to protect the patient’s well-being in terms of pain and suffering, potential benefit, quality of life. But, unfortunately, this can also get pretty subjective. So surrogates really have their work cut out for them, both with each difficult decision, and the difficult emotions each decision brings. And the rest of the episode will really focus on how to help them in this hard position. We’ll start by hearing firsthand from surrogates about some major challenges they faced, then we’ll think about some challenges from the clinician’s side, and finally review some basic takeaways to better support surrogate decision-makers in this incredibly tough role.
III. Surrogate Challenges
Margot: Now that we’ve talked about some of the logistics around surrogate decision-making, we wanted to turn to the surrogates themselves. We interviewed 4 people who have served as surrogate decision-makers: Jennie, Ali, Mariah, and Judy. I want to point out first that these aren’t a representative sample; we polled our social networks, and so we ultimately spoke with people who are English-speaking, health literate, and either have doctors as friends, or in the case of Ali and Mariah, are physicians themselves. And given that these are people with a decent amount of privilege in that respect, it was humbling for me to hear how hard this was even for them.
Challenge 1: People don’t always know what they’re getting into
The first challenge that came up in these interviews was that it wasn’t always clear what the role was, or how much of a responsibility it could become. Here’s Jennie, who made decisions for her mom.
Jennie: My mother had primary biliary cirrhosis. She was diagnosed when I was very young. She actually had it twice. The summer before she passed, which was the summer of 2018. Due to various life circumstances, I became her health proxy.
Margot: As she points out, there isn’t exactly a “surrogates 101” course out there.
Jennie: I had very little knowledge of what being a proxy meant. I just kind of signed the paperwork. I don’t know if people usually have a conversation about what it actually means to be a surrogate. And it wouldn’t have changed anything, right? I still would’ve done it. Um, cause I needed to, and I knew it was the right thing to do, but I think it would have been helpful to me to know, what that would mean.
Margot: Dr. Ali Trainor spoke about this as well. She spent last year as a pulmonary critical care fellow at the Harvard combined program, and will be returning to fellowship after spending this year as a chief resident at Beth Israel Deaconess.
Ali: I feel like having been in the opposite end of that conversation, being the one, guiding people through making these decisions for their family members, I, I thought that I knew what it was like to be with a family member, but I don’t think I really had the extent. I wish I knew maybe just a little bit how big of a burden it would be, even if you feel like you have a clear sense of what the person would want and what their prognosis is.
Margot: Ali and her mother shared decision-making responsibilities for her grandmother.
Ali: So when I was, um, a senior resident, my grandmother, um, who had long standing heart failure was being evaluated for a TAVR because she was having worsening or aortic stenosis. And unfortunately, before she completed the workup, she actually ended up, um, having multiple admissions for cardiogenic shock.
Challenge 2: It’s tough to truly know a patient’s GOC
Margot: Another theme that came up in these conversations was how challenging it was to understand and honor the patient’s goals of care. First, it’s hard to have serious conversations – here’s what Jennie said when I asked if she felt like she had enough information about her mother’s wishes.
Jennie: No, not at all. And I don’t think anyone did. I mean, when you’re dying for 26 years, you don’t want to think about dying. You don’t want to think about the end.
Margot: Jennie was eventually able to get her mom to talk about her goals of care, but it wasn’t easy. This is a really common issue, which makes it impossible to decide based on expressed wishes, and tough to use substituted judgement. But even in cases when patients are willing to have conversations about serious illness and death, it’s still hard to feel truly prepared. Dr Mariah Robertson, a geriatrics fellow at Johns Hopkins, spoke to this sentiment when it came to her mother.
Mariah: My mom was diagnosed with early onset Alzheimer’s disease. I really was like the decision maker for her, uh, the first two years of medical school, when she really had declined quite a bit and I needed to actually make, um, make decisions on her behalf. My grandmother had Alzheimer’s disease as well, and she was, she lived with us and my mom was her surrogate decision maker. And so we had many conversations in the context of my grandmother, um, that allowed me to better understand what my mom would want, um, based on how she honored my grandmother and how she spoke about what she would want in that context. We did formal paperwork, um, medical power of attorney and financial power of attorney and all of that paperwork involves some level of outlining what, um, decisions I would be making in her behalf. But, um, you know, as an advanced directive does, um, but it, you know, at the time I remember being like, Oh, this is way more information than I need. And then later, you know, as you’re actually making decisions, you’re like, man, I wish I had asked more details. Like I wish I knew more about what she really had hoped for.
Margot: Even with plenty of information, it’s still tough to figure out exactly what to do.
Mariah: The little intricacies of what happens as somebody declines in a disease process and, you know, you never know how that will look and what the person will, how their disease will progress. And so for her, with dementia, you know, it’s, it’s one thing to say, like, don’t do X that might prolong my life, but then, you know, you get to the point where you’re sort of deciding like, do I take her to the hospital if she, um, aspirates, or do we not like, would you want to be made comfortable if you could get antibiotics and be able to recover from an infection, but your cognitive function is poor. So in her case, um, she aspirated and, um, she, they, they ended up sending her to the hospital, even though that wasn’t part of what we had hoped for her. Um, but then I was kind of faced in the ED with a decision of like, do we treat this, put her on BiPAP, give her antibiotics and see if she recovers or not. And, and in the moment, you know, even though I knew like big picture, 30,000 foot view, what we had talked about, her wanting and not wanting, it’s like another ball game when you’re kind of in the ring facing it. Like how can you ever walk through every single possible scenario?
Challenge 3: Surrogates have to make these decisions despite everything else going on in their lives
Margot: A third challenge came up in our conversation with Judy Friedman, who helped make decisions for her father.
Judy: My father for the last, I want to say five years of his life, um, struggled with his diabetes and struggled with his kidney function and struggled with pulmonary issues. He was in and out of the hospital with constant UTI infections. And UTI infections I’m told at that age and men, um, very often brings on the dementia that he suffered from every time he had a UTI infection. The last time he went into the hospital with the UTA, it started out as a UTI with his numbers going very high. And from there, it just, everything sort of this system really just started, um, as the systems were shutting down is where we started having to make some decisions.
Margot: She spoke about how difficult it was to balance her decision-making responsibilities with everything else going on in her life. Judy lives in New York, but wanted to be there for her dad when he got sick.
Judy: For the three months prior to that, where he kept being hospitalized and then every time he was hospitalized, I would have to fly down to Florida.
Margot: There was also a tremendous amount of stress on her mother.
Judy: Not only did he not have a quality of life and kept getting sick, my mom had no life either. She was either working or running with him to the hospital one or the other. There was no, there was no time for anything else because he was constantly being admitted to the hospital.
Challenge 4: These are incredibly difficult decisions to make
Margot: Finally, all the surrogates I spoke with talked about the emotions that came up for them, emotions that in many cases they grappled with for months or years after their loved one’s death. Mariah spoke about how hard it was to honor her mother’s wishes by letting her go.
Mariah: And I think also the hard part is like, I loved her, you know, being with her, even though her quality of life was probably not, um, as good as it, or it probably wasn’t much, but like she, you know, I still valued being able to visit my mom, even though she didn’t have, um, like great cognitive function. And so, you know, how do you set aside what your selfish wishes are for like what you, you know, you want and, and what, what actually is in line with what they would want? So she had aspirated, and they sent her to the emergency room and I was in the emergency room and the physician was like, okay, we’re going to take her upstairs and give her antibiotics and we’re going to put her on the BiPAP, but I think she’s going to be okay. You know, I know she’s DNR DNI, but you know, I think she’s going to be okay, we’ll get her back. And in that moment I was like, Oh, that sounds really nice… like, let’s do it right? Like, keep her on the BiPAP, which she looked miserable on, by the way, um, you know, give her IV antibiotics, like give her some fluids, admit her to the hospital and let’s just do this thing. Cause I value so much like being close to her, but I knew, like I knew that, um, I had felt for months that like, this was not the quality of life she would have wanted. I knew based on how she talked about my grandmother’s state and how she felt about her own state, if she got sick, that that would not be what she would want. But in the moment it was very, very, very hard not to say like, yeah, just do those things. Like I want her around… I need her around longer.
Margot: Surrogates often have to work within complex family dynamics, which has the potential to place a strain on their relationships. Here’s Ali.
Ali: I think one of the biggest things I struggled with at the time, and then I still find a little challenging is a little bit of a feeling of guilt. So I think my family has, has never said these words to me, but I think being the one in that situation who had the medical knowledge, I was really guiding them and making the decisions that we made. And I, again may have never, never said to me that they blame me or feel like I made the wrong decision, but I, I really was the one making the decision. And I, I guess sometimes wonder if they place any blame on me.
Margot: When surrogates allow a patient’s care to be capped or de-escalated, they can feel a sense of responsibility for their loved one’s death.
Ali: I know that my grandmother wouldn’t have wanted to be kept alive in a way that isn’t consistent with the way she was living her life before. And I do feel like I made the right decision, but I think, um, it was still so hard to finally make that call and say, you know, this is, this is the time to switch our focus and keep her comfortable because although I can rationalize and know that we are not really making this decision, she’s in her nineties and it’s her time, it feels like you’re the one deciding its her time, even though I can conceptualize that that’s not actually the case.
Jennie: It was so important to me that she died a good death when it became clear that she was going to die. And, the options that were available to me and to her family were limited. And, the feeling that I will have for the rest of my life that I made the decision for my mother to die is one that I will have to live with for the rest of my life.
Judy: Even knowing that it was the right thing to do the end of it at the end of it all, I still, I still send my father to die.
Margot: Between the death of a loved one and the weight of the decisions, surrogates often have emotional trauma that can be incredibly difficult to overcome.
Judy: There was, most of it was guilt. I pretty much spent the next, the year. It took me about a year after he passed to really come out of that, like depression type, you know, emotion. I mean, I was still, you know, I was still living life. I got up, I went to work everyday. I did what I needed to do, but, there was just, no, you know, there was no happiness, there was no joy. My children are not my medical proxy. I refuse to allow them to be having gone through it myself. I will. I refuse to allow my children to be my medical proxy. I don’t want them to have to make that decision.
Jennie: It was painful. It was horrible. Um, it has taken years to get over. Um, the things that I saw are things that I would not wish on anyone. I had nightmares about it for years. Um, I still have nightmares about it. Um, I was diagnosed with PTSD, like it is very serious to be a surrogate.
Margot: Studies have shown that anxiety, depression, and PTSD are common in people who have been surrogate decision-makers. Rates of PTSD symptoms are as high as 80% in surrogates who have made end-of-life decisions for a patient in the ICU.
IV. Clinician Challenges
Challenge 1: Sometimes surrogates make decisions that seem to differ from the patient’s stated wishes or living will.
Jafar: It is incredibly humbling hearing the pain that patient surrogates have to endure, and so it’s no wonder that this grief spills over to us as clinicians and can make our job supporting them very difficult at times. We want to take some time now to outline a few particularly tough challenges, and then we’ll end the episode with some big takeaway lessons we learned from our surrogate speakers.
So the first major challenge: What do we do when a surrogate seems to be making decisions that differ from a patient’s stated wishes or living will?
These situations are unfortunately pretty common. A meta-analysis looking at studies measuring the concordance of patient and surrogate decision making found that surrogates accurately predicted patient preferences only 68% of the time.
Dr Vig: So there are different reasons why a surrogate might make a decision that seems inconsistent. I mean, we already mentioned how, you know, a living will is not going to address everything, right? So it may be that, or sometimes it’s because the situation has changed. Right? I completed my living will, 20 years ago, since then I’ve had experiences that have led me to change my outlook.
Jafar: Right! And it turns out that many studies show that patient treatment preferences can be very inconsistent over time. For example, a prospective series of patient interviews showed that patients have one perspective on treatment when they’re a healthy outpatient, and another when they’re hospitalized, and even revert back after discharge. Patients who say they could never tolerate living a state of disability end up changing their treatment preferences when they do actually experience some disability–you know, maybe realizing that quality of life is possible even with compromised health. Surrogates may have insight into this, and it’s why we’ve come to rely on them in these situations.
Dr Vig: So I think the thing to start out with is to sort of approach the situation with curiosity and not automatically assume bad things about the surrogate and their motives and sort of take the time to be human in a way, and just sit down, spend time with the surrogate and hear their perspective and hear the reason why they are saying what they’re saying.
Jafar: Still, we do have reason to believe that surrogates may be seeing things from their own perspective, rather than just the patient’s–something Dr. Vig realized in her own work interviewing patient surrogates.
Tamar: The first thing is obvious: there are just so many breakdowns in communication about difficult situations with a patient’s loved ones. So where should we start? Dr. Vig’s big message was to always begin by listening.
Dr. Vig: Starting out not barreling ahead with your own agenda, but sitting down, sitting down, taking the time to hear the surrogate, talk about the patient’s life so that you have a sense of that person, but also letting them talk about their own life and validating the emotions that they’re having… validating that it’s really stressful to have a loved one who’s so sick and to be making these really hard decisions.
Tamar: And the importance of listening goes beyond just the information we can learn from the surrogates. Allowing surrogate decision-makers to be heard has a big impact on their experience. A 2004 study in Critical Care Medicine tape-recorded and analyzed 51 family meetings. The authors found that family’s satisfaction with physician communication was not associated with how long these meetings were, but instead the proportion of time that the family spent speaking, rather than listening to the physicians. Still, time can feel like the precious resource we don’t have. But Dr. Vig again provided an important perspective:References
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Tags: At the Bedside, clinical decisions, Clinical Practice, goals of care, patient care, primary care, prognosis