The health ministry has suggested that life support can be withdrawn from terminally ill patients if both the primary and secondary medical boards of a hospital, along with the patient's family or surrogate, provide consent, according to a report by The Times of India. Additionally, the withdrawal of supportive care such as ventilation, dialysis, or ECMO (extracorporeal membrane oxygenation) is permissible if patients are declared brain dead, unlikely to benefit from advanced interventions, and if the patient or their surrogate documents an informed refusal of care, as reported by The Indian Express.
In draft guidelines released for public comment, the ministry emphasized that many patients in intensive care units (ICUs) are terminally ill and not expected to gain from life-sustaining treatments (LST), which can include mechanical ventilation, surgical procedures, parenteral nutrition, and ECMO. The ministry stated, "In such circumstances, LST is non-beneficial and increases avoidable burdens and suffering for patients. This approach is considered standard ICU care worldwide and is upheld by several jurisdictions."
Terminal illness is defined as an irreversible or incurable condition from which death is inevitable in the foreseeable future, including severe traumatic brain injuries that show no recovery after 72 hours or more.
According to the proposed guidelines, life support can be withdrawn if a patient is brain dead or if their prognosis indicates they are unlikely to benefit from aggressive treatment. A surrogate, who represents the patient's best interests, can make decisions on their behalf if the patient loses decision-making capacity. If a valid advance medical directive (AMD) exists, the surrogate will be the person named in that directive; otherwise, it defaults to the next of kin or guardian.
The guidelines specify that the primary medical board (PMB), responsible for assessing the appropriateness of life support, must consist of the primary physician and at least two subject experts with a minimum of five years of experience. This decision must then be verified by a secondary medical board (SMB), which includes one registered medical practitioner (RMP) nominated by the Chief Medical Officer (CMO) and at least two subject experts. Members of the PMB cannot be part of the SMB. The guidelines also recommend forming a clinical ethics committee within hospitals for audit, oversight, and conflict resolution.
Dr. R K Mani, involved in drafting the guidelines, mentioned to TOI that the deadline for submitting comments is October 20. "Any issues raised will be addressed by the expert group on behalf of the health ministry," he stated.
Dr. Sumit Ray, head of the critical care department at Holy Family Hospital, noted that while the Supreme Court prioritizes individual safety, this complexity has made the implementation process difficult. "However, this is a step forward, and it is hoped that after some experience with this process, it will be reviewed to make it smoother and less complex while continuing to uphold patient autonomy and family wishes," he added.
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