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Letters to the Editor   |    
In the Best Interests of the Patient: Accepting or Overriding a Surrogate’s Decision
Paul E. Levin, MD; Peter Williams, JDPhD; James D. Capozzi, MD; Rosamond Rhodes, PhD
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Corresponding author: Paul E. Levin, MD, Orthopedic Associates of Long Island, 625 Belle Terre Road, Port Jefferson, NY 11777 E-mail address: paulelevin@aol.com Corresponding author: James D. Capozzi, MD, Department of Orthopaedics, Mount Sinai Medical Center, 1065 Park Avenue New York, NY 10128

The Journal of Bone & Joint Surgery.  2001; 83:1428-1428 
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To The Editor:
We applaud the introduction of the new section "Ethics in Practice," but we question the conclusions reached by Capozzi and Rhodes in the case of H.K. (82-A: 748-9, May 2000). A surrogate is presumed to be responsible for protection of the patient’s best interests. Surrogates are often family members (as in the case of H.K.), who typically have known the patient for a long period of time. While it would be ideal if a patient and the surrogate had had a prior discussion on every possible medical problem that might arise in the future, this is clearly impractical. The burden then rests on the surrogate to make a "substituted judgment," on the basis of knowledge of how the patient led his or her life and personal discussions with the patient, including any comments that the patient may have made about the health-care decisions of others. When a patient has the capacity to make a decision, we must respect the patient’s autonomy, even if we believe that the decision may result in his or her death or the loss of a limb. It is also our responsibility to respect the decision of the surrogate, even if we believe it is the wrong decision. A surrogate’s decision should prevail in the absence of clear evidence that it is contrary to what the patient would have chosen were he or she still capable. If the decision of a surrogate is patently contrary to the patient’s best interests, this alone is not sufficient to void the surrogate’s decision, but careful investigation of the patient’s pre-expressed wishes, beliefs, and personal philosophies may be indicated. Even more important, in this case, the surrogate’s decision does not even approach that threshold.
In the case of H.K., we don’t believe that the medical literature would support the medical conclusion reached by the authors1,2. Nonoperative treatment of hip fractures in nonambulatory patients can be accomplished successfully, along with pain control and the prevention of complications associated with bed rest. For a patient with dementia, standing orders for pain medication should be instituted initially and then the dosage should be tapered over a period of one to two weeks, in accordance with the patient’s need as reported by the staff. A patient with a hip fracture should be mobilized immediately, with use of a sliding board for transfer to a reclining chair where the patient can be placed in the most upright position that is tolerable. In a large percentage of patients, the fracture pain resolves within a short period of time, and the preinjury level of mobility is readily resumed.
H.K. is clearly entering the latest stage of her life. Irrespective of medical intervention, she will never become a fully oriented, independently functioning individual. It is imperative that, after the family has made a judgment based on the medical information that has been explained to them, we support their decision. We can accomplish this by giving them the psychological support that they need after making a heart-wrenching decision, and we should honor the patient’s autonomy also by treating him or her as directed and preventing suffering.
J.D. Capozzi and R. Rhodes reply:
We appreciate Dr. Levin’s and Dr. Williams’ letter regarding the issue of surrogacy. When we first proposed an ethics section for The Journal, it was with the hope and understanding that these case studies would provoke discussion and some controversy about bioethical issues in orthopaedics. With regard to this particular case, we would like to make two points.
It has been our experience, in our geriatric hip-fracture service at Mount Sinai Medical Center, that intracapsular hip fractures can indeed be treated nonoperatively when the need arises. If a patient is unable or unwilling to proceed with the surgical treatment of a femoral neck fracture, nonoperative treatment can be pursued, although this is not an ideal situation. However, our results with the nonoperative treatment of displaced intertrochanteric fractures have been poor. We have found that controlling pain is exceedingly difficult, skin breakdown is more common, and nursing care is less than optimum due to the difficulty of moving these patients. Our experience has been that even high-risk patients fare better with open treatment than they do with nonoperative treatment for these particular fractures.
Additionally, although this particular patient presented with a hip fracture, the point that we were trying to make in the article was that there are situations in which physicians can justifiably override the decisions of surrogates. Maybe another example—an open fracture or impending sepsis—would have better made the point.
We do agree with Dr. Levin and Dr. Williams that physicians should do everything possible to honor and support the heart-wrenching decisions that surrogates must often make. We have rarely, if ever, contradicted a surrogate’s decision. However, we must keep in mind that, as physicians, our primary responsibility is to our patients, and that responsibility may, on rare occasions, require overriding the decision of a surrogate.
Morrison RS,Siu AL. Survival in end-stage dementia following acute illness. JAMA,2000;284: 47-52.. 28447  2000  [PubMed]
 
Winter WG. Nonoperative treatment of proximal femoral fractures in the demented, nonambulatory patient. Clin Orthop,1987;218: 97-103.. 21897  1987  [PubMed]
 

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Morrison RS,Siu AL. Survival in end-stage dementia following acute illness. JAMA,2000;284: 47-52.. 28447  2000  [PubMed]
 
Winter WG. Nonoperative treatment of proximal femoral fractures in the demented, nonambulatory patient. Clin Orthop,1987;218: 97-103.. 21897  1987  [PubMed]
 
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