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Copyright: © 2017 Greenberger C, et al.
Open Access Case Report
J Pall Car Nur
Journal of Palliative Care and Nursing
Page 1 of 3
End-of-Life in Israel: A Case Report
Chaya Greenberger
1*
and Anat Romem
2
1
Faculty of Life and Health Sciences, Jerusalem College of Technology, 92/2 MitzpeNevo Street Maale Adumim, Israel
2
Department of Nursing, Jerusalem College of Technology, 7 Bet Hadefus Street, Jerusalem
Introduction
Our palliative care team, working within the framework of
an oncology ward in a major Israeli hospital, recently cared for
a 73-year-old married male with advanced stage liver cancer. A
retired engineer and father of two grown children, professionals, he
and his family are Jewish by faith and members of the Conservative/
Masorati (Israeli branch) movement, one of the three main streams
of Judaism. Members of this movement, as opposed to that of Jewish
Orthodoxy, perceive Judaism as an evolving religion; canonized
texts may be reinterpreted in order to adapt practice to different life
contexts [1,2]. In the context of end-of-life, for example, mainstream
Jewish Orthodoxy would prohibit withdrawal of mechanical
ventilation if it resulted in an individual’s immediate demise
(which is tantamount to hastening death and prohibited according
to medieval codes of law). A significant number of
conservative rabbinical authorities with a broad following, would
permit it since the individual is being kept alive by technological
means and its withdrawal is merely removing the impediment to
death [3–5].
The aim of this discourse is to present the approach
our team took to treating and nourishing this patient in the
specific context of his faith, illness state, personal wishes, the
concerns of his family, and the Israel Dying Patient Act, 2005
[6,7]. The latter stipulates the legalities of care at end-of-life (i.e.,
the point at which the estimated life span is six months) by
which all the country’s health facilities must abide. The Act was
drafted by a committee of 59 experts representing all sectors of
Israeli society in terms of culture, religion, and profession. It
reflects the vector of consensus regarding issues of care for the
dying without the dissenting opinions. For the most part, the
law is in line with the mainstream Jewish Orthodox position [8,9].
The Case
Our patient presented at the emergency department of
the medical center with abdominal pain (exacerbated after
meals), profound weakness, constipation, and a ten-pound
weight loss incurred over the past month. The CT scan that he
had undergone one and a half weeks prior to his arrival revealed
multiple suspicious nodules in the liver. His wife reported that
up until the last two weeks her husband was still going to work.
He then experienced a sudden deterioration; stopped eating due
to poor appetite and the discomfort it caused, became bed bound,
and was unable to perform any activities of daily living. Home-
care nurses administered intravenous fluids (500 cc/day) in
order to maintain hydration.
After admission to the Oncology ward, our patient
underwent a biopsy which confirmed the diagnosis and poor
prognosis. As is often the case with liver cancer, the disease
process was discovered in our patient at a very late stage. The liver
is a central multi-tasked vital body organ; its failure, in this case,
was due to the presence of substantial malignant tumor tissue
which was incompatible with life [10–12]. A port-a-cath was
inserted for the administration of
chemotherapy scheduled for the following week. While hospitalized,
the patient ate only small morsels of food and his wife requested
that a feeding tube be inserted. Poor appetite, nausea, and sense of
fullness are classic symptoms of this cancer.
The patient was evaluated by a psychiatrist and found
competent to make his own decisions; he initially agreed to small
doses of chemotherapy and minimal oral feeding. Within a few days,
however, he deteriorated and at that point refused both treatment
and any form of nourishment, including tube feeding. Our patient
was then transferred to a hospice where he died six days later.
Retrospective evaluation of this case, as it was reported in the
medical records and recalled by the care team, uncovers several
lacunae. Before addressing these and their import to the analysis
of the case, its legal and ethical context as reflected in the Dying
Patient Act, 2005 will be presented.
The Israel Dying Patient Act, 2005
The Act opens with two essential premises: 1) individuals at
end-of-life want to continue to live, and 2) individuals at end-of-
life are competent to make their own decisions. These premises
have practical import. With respect to the first, it implies that care
must be taken to neutralize overt or covert pressure, either from
the care provider or family sources, which might lead the individual
to decline treatment for the prolongation of life. This premise
not only directly protects the sanctity of life but also indirectly
protects the individual’s freedom to exercise his/her autonomy.
The second premise directly protects autonomy; it is waived only
if an appropriate health professional attests to the individual’s
lack of competence to make a specific end-of-life decision. The
first premise is waived if the individual makes it clear that he/she
does not want to continue to live or has explicated this wish in an
advanced directive. In such a case, and in the presence of physical
or psychological suffering, the Act permits withholding, and in
most cases, withdrawing life-prolonging treatment (e.g. surgical
procedures, dialysis, chemotherapy); mechanical ventilation need
not to be initiated [6,7,13].
For the sake of comparison, it is important to point out the
relevant Recommendation of the Council of Europe No. 1418/1999
on the “Protection of the human rights and dignity of the terminally
ill and the dying,” which were reiterated in the Recommendations
of 2009: “…in the event where no previous expression of the
patient’s will is available the right to life shall not be breached. To
ensure their right to life shall not be breached, a catalogue must be
prepared of therapeutic procedures that must be provided under any
circumstances and that must not be neglected” [14].
Although Israel is not a member of this council, its Act
stipulates as mandatory (to ensure that their right to life shall
not be breached), the ministering of basic care, which includes
nutrition and hydration, oral or enteral during the end-of-life
period (six months, as delineated by the law). These are perceived
Received Date: September 13, 2016, Accepted Date: February 20, 2017, Published Date: February 28, 2017.
*Corresponding author: Chaya Greenberger, Faculty of Life and Health Sciences, Jerusalem College of Technology, 92/2 Mitzpe Nevo Street Maale
Adumim, Israel 98411, Tel: 972-528-119-420; Fax: 972-253-552-70; E-mail: greenber@jct.ac.il