Canada's Schiavo Case Highlights Futile Care Theory

Futile Care Theory is the underlying issue in the Samuel Golubchuk case. Mr. Golubchuk is an 84-year-old man who was disabled a few years ago in a fall. Despite his disability, this man, who is an Orthodox Jew, has led a full and active life.

In October, Mr. Golubchuk was hospitalized because of a bout with pneumonia. And although he recovered, he was weakened and has been in the care of the hospital. Since then, he has remained on a feeding tube and has had the "on-again, off-again" help of a respirator.

The problem is that because Mr. Golubchuk is elderly and likely will not improve with treatment, doctors are intent upon removing his feeding tube which would cause him to die from starvation. His family has been told that Mr. Golubchuk is "in the process of dying" even though he has improved and recovered from the pneumonia. His family has said that Mr. Golubchuk's religion forbids the removal of his feeding tube which would actively cause his death.

In a story by the Canadian Broadcasting Corporation,

Bill Olson, a lawyer representing one of the doctors, countered that technology is the only thing keeping Golubchuk alive.

He said Golubchuk was treated for weeks to see whether his condition improved, but when it didn't, doctors decided to withdraw life support.

"No doctor I know has ever tried to play God. They take very seriously their ethical obligation to only afford that which they honestly believe would be appropriate, beneficial care to the patient," said Olson.

"And in this case, they concluded nothing more they could do would be any potential benefit and the condition he's in is irreversible."

Olson said physicians have the sole right to make decisions about treatment, even if it goes against the patient's religious beliefs. [italics mine]

Manitoba's College of Physicians and Surgeons recently approved policy that gives doctors the final say in whether treatment should be stopped or withheld-- regardless of whether the patient or the family disagrees, "as long as certain criteria are met."

Eschewing the concept of dum vita est, spes est (where there is life there is hope) doctors are placed in a situation where treatment is continued only if it is determined that the patient can improve-- not whether the patient's current state of health can be maintained. This, folks, is futile care theory.