Uncontrolled vs. controlled
Maastricht category
Description
Uncontrolled
Maastricht 1
Dead on arrival at hospital
Maastricht 2
Cannot be successfully resuscitated
Maastricht 4
Brain dead with consecutive cardiac arrest
Controlled
Maastricht 3
Terminally ill, expected to die of cardiocirculatory arrest after termination of life support
The deceased donation alternative to DCD is donation after brain death (DBD). Brain dead patients fulfill the Harvard Criteria for brain death that were set forth for the first time by the Ad Hoc Committee of the Harvard Medical School in 1968. One of the self-proclaimed reasons for this committee’s work was that “[o]bsolete criteria for the definition of death can lead to controversy in obtaining organs for transplantation” (Ad Hoc Committee of the Harvard Medical School 1968). However, controversies on whether patients are actually dead surround the subject of brain death (Bernat 1992; Miller and Truog 2008; Jonas 1987). DCD is not free of controversies, either. The controversies differ depending on whether donation is performed in a controlled or in an uncontrolled fashion. We1 focus on controlled DCD (cDCD), seeing as that is the only form of DCD that is performed at the University Hospital Zurich.
Controlled DCD patients are terminally ill and depend on life support for life-sustaining cardiac activity. After the termination of life support, the patients die of cardiocirculatory arrest. As explained above, physicians wait a pre-determined period of time after the occurrence of asystole (see above) and then retrieve the organs. This differs from DBD in that the decision to donate is made while the patient is still alive, albeit usually after the decision is made that life-sustaining therapy will be discontinued. This has major ethical implications, which will be explored below.
28.2 Ethical Challenges in cDCD
In order to detect the ethical problems innate to DCD, the author conducted a narrative review of the literature in PubMed. Search terms were “donation cardiac death ethics” and snowballing was used as an ancillary search strategy. PubMed was searched on November 26th, 2011, from inception. The literature review revealed six recurring ethical challenges that arise in cDCD, see Table 28.2. The challenges do not appear in any particular order and are explored in detail in the subchapter “Relationship between ethical challenges and research questions”.
Table 28.2
Ethical challenges in cDCD
1st challenge: Appropriate form of consent from surrogate decision makers for cDCD |
2nd challenge: Potential conflict of interest |
3rd challenge: Location of death with according strain on family and medical personnel |
4th challenge: Pre-mortem measures for the good of the recipient and adequate form of consent |
5th challenge: Impact on medical care at end of life |
6th challenge: Dead donor rule—adequate hands-off period after asystole (Certainty of death) |
28.3 The Study
28.3.1 Aims of the Study
After having set forth the challenges innate to DCD, we conducted a study of family members of DCD donors that aims at illustrating their experiences pertaining to the first four of the six challenges. The rationale behind limiting ourselves to the first four questions is explained below. To our knowledge, there is no data on the experiences of families of DCD donors, except in the pediatric setting (Hoover et al. 2014). Our study endeavors to illustrate how these families experience donation. In order to discover this, we planned a study of the donation experiences of both types of donor families, to contrast the two types of donation in order to find out what is distinctive about DCD. Our ultimate research question is, “under which circumstances is cDCD an ethically acceptable option to increase donation in Switzerland.”
28.3.2 Relevance of Empirical Data
One might ask what the relevance of the empirical data is to the ethical debate? While a normative analysis can tell us something about what ought to be done, the empirical analysis tells us something about what is currently being done or perhaps about people’s attitudes towards certain things. How are these two analyses related? While a full discussion of the role of empirical data in ethical discussions goes beyond the scope of this book chapter, we will attempt to give a short answer to this question. Normative analyses may be based on descriptive assumptions, e.g. slippery slope arguments of the empirical kind. In such situations, empirical work can expose false assumptions and thus strengthen or weaken arguments. Alternately, empirical research can analyze whether ethically relevant interventions have the intended results ((Vollmann and Schildmann 2011), p. 18). In order for moral rules to have practical relevance, they should connect with pre-existing moral convictions ((Vollmann and Schildmann 2011), p. 19). Empirical studies may illustrate such convictions, again underlining the importance of the connection between the normative and the empirical. “Detailed and systematic analyses of stakeholders’ moral experiences and attitudes […] contribute to a context-sensitive insight into certain moral practices in health care (Salloch et al. 2012).”
28.3.3 Methodology
The data, which we wanted to study, was how donation-related procedures and donation itself were experienced by next-of-kin.
We obtained the data by means of qualitative semi-structured focused interviews (Merton et al. 1990). We used a qualitative approach to the data because we were interested in the research participants’ subjective experiences and opinions. The focused interview is used to interview persons who “are known to have been involved in a particular situation: they have seen a film, heard a radio program, […] taken part in a psychological experiment or in an uncontrolled, but observed, social situation” ((Merton et al. 1990), p. 3). The interview aims to fathom the experience and personal perception of the situation ((Przyborski and Wohlrab-Sahr 2009), p. 147). The first part of the interview guide we created was narrative in order to open the field to the participants. Our aim was to foster retrospection as defined in Merton et al., so that the participants recall their immediate reactions to the situations rather than re-considering the stimulus situation and reporting their present reactions to it ((Merton et al. 1990), p. 24).
Data was obtained with the help of the transplant coordinators at the University Hospital Zurich. They contacted the donor families who donated between 1995–2005 and 2011–2012 in a letter with information about our study. These cohorts were chosen in order to retrospectively illustrate donation experiences according to the old protocols, but also to include donor families who donated according to the new protocol. The rationale behind using the transplant coordinators as mediators was that they have access to potential research participants’addresses. In the letter, donor families were asked for their consent to participate in our research. If they wanted to participate, they could contact the author over the phone, e-mail or via post. DCD donor families were contacted before DBD donor families were. Of the 57 DCD donor families, 36 addresses were found. 7 interviews were able to be performed. Of the 118 DBD donor families, 48 addresses were found and 11 interviews were able to take place. The sample we obtained does not claim to be representative for donation-related experiences at University Hospital Zurich. Rather, it is a self-selected sample.
28.4 Relationship Between Ethical Challenges and Research Questions
As explained above, our study aims at illustrating the Zurich experiences with the first four of the six ethical challenges that were identified in the literature review and described in Table 28.2. The relationship between the ethical challenges and the research questions in the study of DCD donor families is identified in this chapter:
The procedures for cDCD differ greatly from the procedures inherent to DBD. DBD is the more common form of donation. It is important that donors or, in case of their inability to consent, their surrogate decision makers understand what they are consenting to (1st challenge). For this reason, the new Swiss Donor Card comes with an information brochure that explains the difference between a DCD and a DBD donor and the major differences in the donation processes in simple terms. However, if someone filled in an old version of the donor card, it cannot be assumed that they knew about DCD donation. In order to ensure that donors participating in DCD and their families are well-informed, every donor or, where applicable, every surrogate decision maker, regardless of how old the donor card is, should be thoroughly informed about the donation process. This should be done until knowledge about DCD is common enough for transplant requestors to be able to safely assume that donors who signed a donor card were aware of what DCD donation means. Thus, donor autonomy may be respected. Our study aims at illustrating whether donor families felt they had enough information about the donation process. Also, next-of-kins’ narrations give us insight into whether they were aware of the donor’s donation form and whether they understood the need for certain DCD-specific practices, such as the reason for urgency after the advent of cardiac arrest. Our findings show that DCD donor families were not specifically aware (except in one case) that their loved one had donated after cardiac death. It is unclear whether this is because they were not informed, or the information was too complex, or they were unable to retain the information due to the massive stress they were in, or because they did not find the distinction important.
A commonly shared fear in the general population is that of being declared dead too soon if one is in possession of a donor card (Hessing and Elffers 1986) (2nd challenge). The danger of warm ischemia mainly exists in DCD donors, so that time is a much more important factor in these donors than in DBD donors. The organs of a DCD donor become unusable for donation if asystole does not occur quickly enough after extubation. In such cases, physicians have to take care not to feel pressured to hasten the donor’s death in order to ensure that donation can take place (2nd challenge). One way to prevent conflicts of interest is to separate health care providers caring for the donor from those caring for the recipient, and to completely separate the decision to end life-sustaining therapy from the decision to donate. In our study, we ask about the latter separation and whether the family members think that the concern about donor care being compromised for the good of the recipient is realistic. We found that the donor families in general had a very high level of trust in the health care system in general and the doctors specifically.