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Pain: highlighting the law and ethics of pain relief in end-of-life patients

02 July 2015
Volume 7 · Issue 7

Abstract

As the world of palliative medicine is rapidly becoming a fixture in the pre-hospital field of practice, this article looks to explore the ethical and legal issues surrounding pain relief for end-of-life patients by paramedics.

Particular attention is focused on the moral and ethical principles of care as proposed by Beauchamp and Childress (2008), as well as the legal aspects of care as set out by the European Court of Human Rights. Through the use of law cases, this article looks to demonstrate precedence for practice, as well as the implications that arise thereof.

This article concludes that, although many aspects are still a grey area for paramedics, the depth of law cases, alongside the moral arguments, show that providing paramedics act with the best interests of the patient at heart and work within a multi-disciplinary team, the administration of analgesia to prevent suffering can be legally and ethically proven.

The world of palliative medicine is rapidly becoming a fixture in the paramedic field of practice, and with its proposed inclusion into the UK Ambulance Services Clinical Practice Guidelines (Association of Ambulance Chief Executives (AACE), 2013), it is time for paramedics to inform themselves about the ethics and laws surrounding pain relief for end-of-life patients.

Many healthcare professionals and clinicians working in palliative care believe that failing to address the pain and suffering of terminally ill patients violates two main ethical principles of care. Firstly, the ethical principle of beneficence, whereby failing to relieve a person's pain does not constitute helping the dying patient, and secondly, the ethical principle of non-maleficence, where through the non-treatment of pain, actual harm can be caused to the patient as well as to the loved ones that care for them.

As these patients are, by definition, dying, the principle role to be played here is to reduce any pain and suffering and offer the patient the concept of a ‘good death’. This does, at times, cause conflict between ‘the ethical’ and ‘the legal’, where the fear of litigation forever looms in the shadows should a course of action they choose to undertake shorten the life of the patient. This is a common concern in palliative medicine where research has shown that between 65% and 70% of dying patients experience substantial pain and so need more analgesia, which can ultimately shorten their life (Colvin, 2006).

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