The Ethical Issues of Do Not Resuscitate Orders

A Do Not Resuscitate (DNR) order is a medical instruction written by a physician that directs healthcare providers to withhold cardiopulmonary resuscitation (CPR) and advanced cardiac life support (ACLS) in the event of cardiac or respiratory arrest. This order recognizes that aggressive life-sustaining measures may not align with a patient’s goals of care or may be medically ineffective at the end of life. While DNR orders are a standard part of end-of-life care planning, they are inherently complex, intersecting medical science with profound ethical questions about the value of life and the rights of the patient. Deciding on a DNR status often involves navigating conflicts between patient autonomy, provider judgment, and the obligations of families and healthcare teams.

Patient Autonomy and Refusal of Care

The ethical principle of patient autonomy grants every competent adult the right to refuse any medical intervention, even if that refusal leads to death. This fundamental right to self-determination is the primary justification for choosing a DNR order. For the decision to be ethically and legally sound, the patient must provide informed consent following a comprehensive discussion with the medical team. This discussion must include a candid description of CPR procedures, such as chest compressions, intubation, and electrical defibrillation, and the likelihood of successful outcomes. Patients should understand that the survival rate to hospital discharge following in-hospital CPR is generally between 13% and 18%, but this rate drops significantly for individuals with advanced chronic illnesses like metastatic cancer or end-stage kidney disease, sometimes falling as low as 2% to 6%. The DNR decision is a choice to withhold a specific, aggressive treatment, not a decision to stop all care; patients with a DNR order still receive all other appropriate medical treatments, including palliative care for comfort and pain management.

Decision Making for Incapacitated Patients

The most frequent ethical and legal disputes surrounding DNR orders arise when a patient lacks the capacity to make their own healthcare decisions. Capacity is a clinical determination, typically made by a physician, confirming the patient cannot understand their condition, the risks and benefits of treatment, or the consequences of their decision. When a patient is incapacitated, a designated surrogate decision-maker, such as a healthcare proxy or power of attorney, must step in to make decisions.

The surrogate’s primary ethical and legal obligation is to apply the Substituted Judgment standard. This requires them to decide as the patient would have chosen if they were able to communicate. This standard respects the patient’s autonomy by relying on their known values, beliefs, and previously expressed wishes, which may be documented in an Advance Directive.

If the patient’s prior wishes are unknown, the surrogate must default to the Best Interest standard. This requires choosing a course of action that objectively promotes the patient’s welfare and general good. This standard considers factors like the patient’s quality of life, relief of suffering, and the likely benefits and burdens of treatment. Conflicts often emerge when surrogates disagree on what the patient would have wanted or when their interpretation of the patient’s best interest conflicts with the medical team’s recommendations.

Conflicts Over Medical Futility

The concept of medical futility introduces ethical complexity, creating tension between a request for treatment and the medical team’s professional judgment. Medical futility occurs when a treatment, such as CPR, is highly unlikely to achieve any beneficial outcome or restore consciousness, based on evidence and clinical experience. In these situations, the ethical tension is between the principle of Beneficence (the duty to act in the patient’s best interest) and Non-Maleficence (the duty to avoid causing harm).

Physicians are not ethically obligated to provide care that, in their professional judgment, offers no reasonable chance of benefit. Administering futile CPR may prolong suffering, cause painful injuries, and consume resources without changing the ultimate outcome. This conflict can lead to a physician or institution seeking to issue a “unilateral DNR” order, withholding resuscitation despite the patient’s or surrogate’s request. Such unilateral decisions are highly controversial and often governed by internal hospital policy rather than civil law. Many institutions prefer to resolve these disputes using fair process mechanisms, including ethics consultations and open communication.

Moral Burdens on Healthcare Teams

The ethical complexities of DNR decisions create moral burdens on nurses, doctors, and other healthcare professionals. Medical teams can experience moral distress when required to carry out a resuscitation they believe is medically futile or harmful to the patient. This distress arises from knowing the right course of action but being constrained from acting on it by patient, family, or institutional demands. For nurses and doctors who routinely perform CPR, having to attempt a resuscitation that offers no chance of survival contributes to professional burnout and emotional exhaustion. The pressure to perform a full code on a patient with a terminal illness, despite the high probability of a poor outcome, forces providers to participate in an act that conflicts with their professional commitment to provide beneficial care. Addressing these moral burdens requires clear institutional policies and open communication channels that support providers in navigating challenging end-of-life situations.