Medical Futility in Emergency Medicine
Medical futility in emergency medicine should be narrowly defined as treatments that have no chance of achieving the intended physiologic goal—not treatments with low probability of success or poor quality-of-life outcomes. 1, 2
Core Definition
The American Thoracic Society, along with AACN/ACCP/ESICM/SCCM, establishes that futility applies only when an intervention cannot accomplish any physiologic effect whatsoever, regardless of patient values or goals. 1, 2 The classic example is administering CPR to a patient who died many hours ago—it cannot achieve any accepted medical goals. 1, 2
Emergency physicians are not ethically obligated to provide futile interventions and should refuse such treatments based on professional obligations to avoid harm and steward resources responsibly. 1, 3
What Futility Is NOT
The term "futile" should not be applied to: 1
- Low-probability interventions: CPR for a critically ill patient with advanced metastatic cancer has small chances of benefit but is not futile—it can achieve the physiologic goal of restoring circulation 1
- Quality-of-life judgments: Broader definitions based on controversial value judgments about acceptable outcomes are explicitly problematic 1, 2
- Resource allocation decisions: Cost or scarcity alone does not make treatment futile 2
For these situations, use the term "potentially inappropriate treatment" instead. 1
Objective Criteria for Futility in Emergency Medicine
The American Heart Association defines objective futility as interventions with less than 1% chance of survival, though this threshold remains controversial. 1, 2
Emergency physicians can withhold resuscitation when: 1
- Obvious clinical signs of irreversible death exist (rigor mortis, dependent lividity, decapitation, transection, decomposition) 1
- Valid DNAR orders are present 1
- The intervention simply cannot produce the intended physiologic effect 1, 2
Without objective signs of irreversible death and absent advance directives, full resuscitation should be offered because conditions like irreversible brain damage cannot be reliably assessed at the time of cardiac arrest. 1
Clinical Decision-Making Algorithm
Step 1 – Determine if treatment is truly futile (physiologic impossibility): 1, 2
- Can the intervention achieve any physiologic effect?
- If NO → Treatment is futile; refuse and explain rationale 1
- If YES → Proceed to Step 2
Step 2 – Assess if treatment is potentially inappropriate: 1
- Can the treatment accomplish the effect sought but raises ethical concerns?
- If YES → Use term "potentially inappropriate," not "futile" 1
- Engage in shared decision-making with patient/surrogate 1
Step 3 – When disagreement persists: 1
- Seek expert consultation (ethics, palliative care) 1
- Initiate institutional conflict-resolution process 1
- Attempt transfer to willing provider at another institution 1
Step 4 – Time-critical situations: 1
- When clinical deterioration makes full conflict resolution infeasible AND clinicians have high certainty the treatment is outside accepted practice 1
- Seek procedural oversight to extent allowed by clinical situation 1
- Clinicians need not provide the requested treatment 1
Critical Pitfalls to Avoid
Do not conflate futility with prognostic uncertainty. 1 Broader definitions requiring specific probability thresholds are problematic because they demand prognostic certainty that is often unattainable in emergency settings. 1, 2
Never simply acquiesce to surrogate requests for treatments outside accepted practice. 1 Instead, seek to understand their perspective, correct misperceptions, and respectfully advocate for appropriate care. 1
Avoid using "futility" for resource allocation. 2 Allowing resource constraints to dictate care decisions without transparent ethical deliberation undermines professional integrity. 2
Recognize that withholding resuscitation and discontinuing life-sustaining treatment are ethically equivalent. 1 When prognosis is uncertain, initiate a trial of treatment while gathering information about likelihood of survival and patient preferences. 1
Legal and Professional Standing
Emergency physicians have the clinical ability and legal/moral standing to resist providing futile treatment. 4, 3 Physicians are under no ethical obligation to provide treatments they judge to have no realistic likelihood of benefit. 3 Decisions should be based on scientific evidence, societal consensus, and professional standards—not individual bias regarding quality of life. 3
When interventions are withheld, maintain effective communication, comfort, support, and counseling for the patient, family, and friends, focusing on palliative measures. 4, 3