Section 21 Challenging Situations
21.1 Death and dying
Introduction
Similarly, management of the patient brought to the ED in extremis, even when death is anticipated, can be a complex and challenging task, as families, baling out through exhaustion, fear or ignorance, call an ambulance in the few hours prior to death, often in the middle of the night.
The death process
Death does not occur at a finite moment. Cardiac death, cerebral death, brainstem death and cellular death form a continuum over minutes or hours. The legal definition of death varies between regions. The diagnosis of brain death can be made accurately and positively by appropriately qualified and experienced people using relatively simple bedside tests.1 It is imperative, however, that any reversible condition producing depression of the brain must first be excluded. The time of death is the time when brain death is established, not the time when life support is ceased. Persons considered dead may continue to breathe for a considerable length of time, and faint cardiac action that cannot be detected in major vessels, or by auscultation, can continue to provide sufficient oxygen for vital organs to survive for some hours. So it is important that relatives are not informed of death until all breathing and cardiac activity have ceased. A second opinion and cardiac monitor can help verify this.
Dying persons
The dying and their families face numerous psychological issues as death draws nigh. Sometimes it can be difficult to counteract the tendency to focus on the physical and tactical needs of care, rather than the emotional, spiritual and cultural dimensions of human experience. A large family may need significant space, which can interfere with the routine work of the ED so a private room should be available. Dying persons can have a deep-seated fear of abandonment, accepting further treatment for the sake of the family or doctor, knowing that it will be of little personal benefit. Open communication and congruent goals for care should be forged early, and links with family doctor, caring specialist teams or hospice care should be established so that everyone feels safe and secure, with the proposed regimen, pending ward admission. Then all can pay special attention to physical comfort, symptom management, privacy and the confidentiality of the patient and family. Extensive references are immediately available on the internet, for staff and family.2
In such cases life-sustaining treatment may legitimately be forgone if it is:
Breaking bad news
Most ED deaths are unanticipated, and informing families can be a harrowing experience. If the opportunity presents, it is essential that the family be well briefed during resuscitation and, where practicable, be involved in the process. A member of the family can be invited into the resuscitation room, where the senior emergency physician present should discuss the procedures under way and provide encouragement to touch, speak to and kiss the patient. This is not only reassuring, but the presence of numerous competent staff with an array of sophisticated equipment reassures family members that the healthcare team has not let them down, and this can prevent many doubts and questions later. If the outcome is hopeless this can be discussed with the family members, perhaps asking their permission before abandoning resuscitation. Even if they do not wish to accept such responsibility they will remember these moments for the rest of their lives. Having participated in the resuscitation and in the decision to stop can be helpful, even when the request has been declined.
Reactions
Some people never get better and nobody survives grief unchanged.
Viewing the body
Relatives and their invited friends should be encouraged to view the body. By seeing the body, by feeling and touching, the grieving process, separation and rebuilding can start. People should be encouraged to speak to, touch, kiss, stroke, caress, even to argue, negotiate and cajole in private for as long as they wish. Without this time, weeks or months later, delusions can persist that the person might not have died, and conspiracy theories can emerge. The presence of a bereavement or viewing room can make this process much easier as, particularly with children, visiting can go on for several hours. A hospital morgue may be used, some have a purpose-built facility and appropriate staff support. Relatives should be informed of the necessity for police presence if the matter has been referred to the coroner.
Euthanasia
Euthanasia (active medical killing of terminally ill patients) is currently illegal in all states of Australia and New Zealand but is under active debate in Western society.3
Subsequent issues
Tranquillizers
Requests for tranquillizers can come from survivors or a third party, who may ask that the bereaved be given sedation. Most experts involved in loss and grief counselling agree that early sedation is contraindicated. It may be part of the management of morbid grief weeks or months later but has no place in early management. Anxiety, sadness and insomnia can be a natural part of early grief.
An ED protocol
Recommended actions for medical and nursing staff in dealing with grieving relatives:
Williams et al. have proposed integrating a bereavement management plan to deal sensitively with death in a busy ED.4 Their evaluation has shown that with educated staff, it is neither overly burdensome, nor confronting, it provides a human side of our role as healers in the face of death.
Professional issues
Controversies and future directions
1 Evans DW. Seeking an ethical and legal way of procuring transplantable organs from the dying without further attempts to redefine human death. Philosophy, Ethics, and Humanity in Medicine. 2007;29:11.
2 www.grieflink.asn.au/links.html. (accessed 14/02/08)
3 Vander Weyden MB. Deaths, dying and the euthanasia debate in Australia. Medical Journal of Australia. 1997;166:173.
4 Williams AG, O’Brien DL, Laughton KJ, et al. Medical Journal of Australia. 2000;173:480-483.
Carey G, Sorensen R, editors. The Penguin book of death. Melbourne: Penguin Books, Melbourne University Press, 1997.
Iserson KV. Grave words: notifying survivors about sudden unexpected deaths. Tucson: Galen Press Ltd, 1999.
Plueckhahn VD, Breen KJ, Cordner SM. Law and ethics in medicine for doctors in Victoria. Melbourne: Melbourne University Press, 1994.
Selby H, editor. The aftermath of death. Annandale: Federation Press, 1992.
Tintinalli J, Ruiz E, Krome RL, editors. Emergency medicine: a comprehensive study guide, 4th edn, New York: McGraw-Hill, 1996.
http://www.findingourway.net/. An American site, extensive links for bereavement information
http://www.compassionatefriends.org/. An international organisation, offering support for parents that have children die. ‘Unconditional love with no timeline.’
http://www.compassionate friendsvictoria.org.au/. The Victorian site for the above. Qld, WA and NSW are linked from the site
http://www.nalagvic.org.au/. The Victorian site of a national organisation, set up after the Granville train crash. Has a number of good specific links, mostly Australian
http://www.grief.org.au/. Site for assistance, support, education, claiming to prevent poor outcomes. Partly government funded
21.2 Sexual assault
Introduction
Rape, and all its variations and sub-entities, is an act of violence in which a sexual act is part of the assault. Sexual pleasure, in the way the general community would perceive this pleasure, is not the objective of the rapist. The intention is to subjugate, humiliate or control the victim, and the sexual act is the means by which this is achieved.1
Definitions
Sexual assault is a crime, with a legal definition, which may vary between states and territories. Each part of this definition has accumulated further legal interpretation and case law. Sexual assault has a number of elements. It is an act of a sexual nature, which is carried out against the will of the victim. The victim does not give consent, is intimidated to consent or is legally incapable of giving consent because of youth or incapacity. It includes attempts to force the victim into sexual activity and also includes rape, attempted rape, aggravated sexual assault (assault with a weapon or infliction of injury), indecent assault (oral or anal intercourse), penetration by objects and forced sexual activity that did not result in penetration. Penetration is not an essential element to sexual assault. Indeed, in many sexual assaults, the assailant is unable to initiate or complete sexual intercourse.2
Sexual assault by a carer upon a child is termed sexual abuse. This is sexual activity in which consent is not an issue and involves the child in sexual activity that is either beyond the child’s understanding or contrary to accepted community standards. There are legal definitions regarding age, generally in the order of 15–17 years depending on the jurisdiction. Sexual violence involving a disabled person may also be either abuse or assault depending on the nature of the act or the circumstances of the victim.
Epidemiology
In the year 2003, Annual Recorded Crime Statistics3 indicate 18 237 reports of sexual assault to police in Australia. This represents an increase in reports to police from 12 186 in 1993 and indicates a sexual assault victimization prevalence rate for Australia of 91.7 victims per 100 000 persons. The National Crime and Safety Survey (NCSS) 2002 indicates a prevalence rate for females at 0.4% (33 000 victims) and for males 0.1% (4800 victims).4
Once an incident of sexual assault has been reported to the police, one in four cases result in the perpetrator being charged.5 The conviction rate is low, with less than 50% of defendants found guilty.6
Overwhelmingly, the offender is known to the victim. Recorded Crime Statistics (2002)3 show that almost three in five female victims of sexual assault report that the offender was known to them. Assaults most commonly occur in the victim or perpetrator’s home. The assailant was most likely to be the victim’s boyfriend or date (34%), a friend (27%) or a previous partner (21%). The violation of trust that this represents also has a significant effect on the victim. Spousal rape is often more violent and repetitive than other rape and is less commonly reported, in part because of economic dependency.7 Persons with intellectual disability are at high risk with very few prosecutions. Data collected by survey of 4000 victims of sexual assault in Australia in 2000 revealed one in five victims identified as having a disability.8
The victim’s response to the assault is also important. NCSS 20024 data confirm that four out of five women do not tell police about incidents. Most women look for the support of family, friends, neighbours and workmates. One in five women who suffer a sexual assault does not disclose to anyone, seeks no help and takes no action as a result of the assault.
Rape myths and barriers to care
Any review of the literature on sexual assault will uncover discussions regarding social attitudes and preconceptions, often called rape myths. In general, these myths reflect positions, values or feelings that are not based on fact. Many of the rape myths arise and are perpetuated by socialization processes that specify sex-role behaviours and attitudes towards women. Date rape is thought to be exceedingly under-reported because the victim believes to have contributed to the act because the victim participated in foreplay. Acceptance of these rape myths can convey that victims are responsible for the assault, altering the expectation of jurors, and making it harder to report and recover from sexual assault, reinforcing the victim’s guilt and shame. Indeed, the ABS study5 found that 12.5% of women did not report the assault to the police because of shame and embarrassment.
Medical care for the victim
The literature typically describes about half the victims having some sort of physical injury,9–13 although less than 5% of victims require admission to hospital for treatment. An analysis of over 1000 cases14 in the USA revealed that physical examination showed evidence of general body trauma in 64% of victims. Genital trauma was noted in 52%, while 20.4% had no injuries documented. An Australian study confirmed non-genital injuries in 46% of women and genital injury in only 22%.15 These findings indicate that many sexual assault victims may not have either general or genital trauma on examination, and this absence does not mean that an assault did not occur.
Studies of the genital injuries of victims using colposcopy16 have revealed that up to 87% of patients have some type of injury. More conventional examination of the premenopausal victim will reveal that only around a third have genital injuries documented, usually cervical erosions, abrasions, bruising and swelling. Generally, such injuries do not require specific treatment with up to one-third being asymptomatic. Nonetheless, they should be assessed and documented. Toluidine blue staining may also increase the detection rate of perineal lacerations in adult victims.10
If injuries are photographed, this is best done by a practitioner qualified in forensic photography. The victim may not give an accurate indication of the injuries such may be the emotional impact of the assault. Some victims are unable to recall even if penetration occurred.
Most non-genital injuries are found on the head, neck and face. One-third are on the extremities and 15% on the trunk. Again, the large majority of these injuries require either symptomatic or outpatient care (abrasions, lacerations and minor fractures). Less than 1% are serious enough to warrant admission. Very occasionally, rape may turn into murder. A study from Florida found that one in 1500 sexual assaults resulted in the death of the victim, with asphyxiation being the most common cause of death.17 While there has been no comparable Australian study, the Australian Institute of Criminology reports that there were 288 homicides committed in Australia in 2003 and a sexual assault was the precipitating factor in 9.18
The risk of sexually transmitted diseases following rape is 4–56%, with infection reflecting those organisms that are locally prevalent. One study showed that with baseline testing, 43% of victims had evidence of pre-existing infection.7 The finding of pre-existing infection is not admissible in court, under Australian law. Baseline screening19 for the following is worthwhile if follow-up can be arranged:
While the risk of acquiring an infection is difficult to define, women generally accept an offer of prophylaxis for infection (Table 21.2), although the effectiveness of
Antibiotic prophylaxis |
Ceftriaxone 250 mg i.m. plus |
Azithromycin 1 g po |
Antiviral prophylaxis |
Protection against hepatitis B or HIV transmission should follow institutional treatment guidelines for occupational exposure to these agents |
Emergency contraception |
Levonorgestrel 1.5 mg as single dose within 72 h with higher protection the earlier the dose |
this approach has not yet been fully evaluated. Intramuscular ceftriaxone 250 mg together with 1 g azithromycin orally is the suggested antibiotic regimen for chlamydia and gonorrhoea.20 Ceftriaxone can be mixed with lignocaine to reduce the pain of the injection.21
Hepatitis B virus can be transmitted by sexual intercourse22–24 but the risk of transmission is undefined. By comparison, the risk of infection following a percutaneous needlestick from an HBAg-positive individual to an HBAb-negative recipient is 5–43%.25 Prophylaxis with hepatitis B vaccine 1 mL IMI is indicated. HBV vaccination and hepatitis B immune globulin (400 IU IMI) should be available where the assailant is either known to be HBV+ve or the woman is considered to be particularly at risk of infection. Hepatitis B vaccination without HBIG is highly effective in preventing HBV infection in sexual contacts of persons who have chronic HBV infection. Persons exposed to an assailant with acute HBV infection additionally require HBIG which prevents 75% of such infections.26
It is likely that the victim will be concerned about HIV or will become concerned at a later date. The offer of HIV testing should be made accompanied by the usual full explanation, and written consent needs to be obtained if the test is done. A prospective study from the Royal London Hospital of 124 victims found one case of HIV seroconversion that could have been a result of a sexual assault.27 Risk assessment includes the probability that the source is infected, the likelihood of transmission at that exposure, the interval before therapy, the efficacy of the drugs and adherence to therapy. The risk of transmission of HIV following percutaneous needlestick exposure from a known HIV-positive source is considered to be 0.4%. The risk for HIV transmission per episode of receptive penile anal exposure is 0.1–3%. The risk per episode of receptive vaginal exposure is 0.1–0.2%.28 The risk following exposure to other body fluids is not known but should be lower.
Studies on healthcare workers are not applicable as they have had rapid access to HIV status of the contaminant and access to antiviral agents often within 1–2 hours. Note as many as 35% of healthcare workers do not finish the course due to side effects. However, the circumstances of the victim or the assault may necessitate the consideration of HIV prophylaxis, for example a male rape in a prison setting. Risk is highest for homosexually active men and people from endemic regions such as sub-Saharan Africa.29 If post-exposure prophylaxis is advisable on the basis of high risk then a starter pack of antiretroviral post-exposure prophylaxis with a three-drug regimen should be started within 72 h,30 ideally at 1–2 h. Tenofovir 300 mg and emtricitabine 200 mg once daily will be the more appropriate regimen for significant exposures in most cases. These should be dispensed with patient information provided. Urgent follow-up consultation with the local HIV specialist service can be sought.31 Tetanus prophylaxis must be considered as part of the management of any injuries in the normal way.
The risk of pregnancy following a single unprotected coitus has proven difficult to define. However, a large prospective study from North America rated the risk of pregnancy from rape as 5%.32
The progestagen levonorgestrel is used alone for emergency contraception in a dose of 1.5 mg. If this single dose is given within 72 h the proportion of pregnancies prevented was 85% in the WHO multicentre study.33 The earlier it is given, the more effective it is.
The literature demonstrates that there is poor compliance with follow-up instructions. Arrangements for follow-up testing for pregnancy, sexually transmitted diseases, HIV and hepatitis B vaccination should be supplied as written instructions as victims may subsequently remember little of their interview.
The forensic examination
The forensic examination is carried out at the request of the police for the purpose of obtaining evidence of the rape or assault that could be used in a prosecution. Specific consent should be sought before this examination is undertaken, as therapeutic benefit is not intended. Police services produce kits that give a comprehensive guide to the examinations required for the various aspects of the prosecution. These kits also contain a comprehensive range of swabs, slides and specimen containers for the collection of this evidence. It is important for the examining doctor to be very familiar with the contents of these kits and have an organized approach to collection of all specimens. This familiarization must occur beforehand and should not be left until the time of the examination. Careful documentation of all general and genital injuries is valuable and may be aided by use of a body map. Description of wounds needs to be accurate, comprehensive and use descriptive definitions provided with the police kit to maximize communication across disciplines involved. Grey-Eurom and Seaberg34 found that evidence of genital and non-genital trauma was significantly associated with successful prosecution.
Proof of sexual contact
Proof of sexual contact is established by the detection of spermatozoa or semen either on or within the victim or on the victim’s clothes. In general, only 50% of sexual assault cases have seminal evidence recovered, and this rate decreases after 24 h. The likelihood of detecting spermatozoa or semen from the vagina is generally very low by 72 h.35 However, under some circumstances, spermatozoa may persist for days longer and can be obtained from cervical mucous. The detection of sperm or semen from the rectum or mouth is possible but very dependent on the actions of the victim after the assault. A dry swab and a fresh slide are taken to calculate the number of complete sperm at the time of examination as their concentration may be useful as a guide to the time the assault occurred.
Certain chemicals are detectable in seminal fluid and can be used as proof of sexual contact even when sperm cannot be identified, or after vasectomy. Prostatic acid phosphatase can be detected in significant levels for up to 14 h and sometimes longer in the vagina following sexual intercourse.36 Acid phosphatase is normally found in vaginal fluid but at levels only 5–10% of seminal fluid. Prostate-specific antigen is a male-specific glycoprotein found in semen and may be detected in the vagina for up to 48 h after intercourse and may be detected when acid phosphatase cannot be found.37
It is not necessary to prove sexual contact to prove rape. Legally, penetration is said to have occurred once the tip of the penis has entered the labia majora and ejaculation does not have to occur. A review of 372 female rape victims in Detroit, Tintinalli and Hoelzer found no correlation between the finding of sperm or acid phosphatase activity and the recording of a conviction.38
Identification of the assailant
The most accurate laboratory method currently available to identify the assailant is DNA testing.39,40 The chance of incorrectly identifying an alleged assailant as the source of DNA material is infinitely small, literally one in several trillion. Any sample collected from the victim that contains cellular material from the victim’s assailant can be used for DNA testing. This includes spermatozoa, semen if it contains cells, or blood or tissue from under fingernails. DNA evidence left on or in the body of a victim, particularly in moist areas, degrades quickly over 2–10 days. The forensic assessment should thus be made as soon as possible. As DNA degrades quickly if moist, underclothes should be stored in paper not plastic bags.
Care must be taken when the victim undresses for the examination. Hair or clothes fibres from the offender or other traces from the crime scene may have adhered to the body or clothes of the victim. The victim should undress standing over a drop sheet, which should then be included in a bag into which her clothes are placed. This becomes part of the physical evidence. The victim should then be able to shower with simple toiletries provided. The victim will need a change of clothes, fresh underwear and loose-fitting comfortable outerwear such as a track suit. Such simple provisions are inexpensive but begin to give the victim the sense of re-establishing control.
Psychological impact of a sexual assault
The predominant psychological reaction of the sexual assault victim is a devastating and profound sense of loss.41 There are two major causes of this. First, throughout the assault the victim may well be in grave fear for her own survival. It is common knowledge that rapists sometimes murder their victims and the use of actual or threatened violence possibly supported by a weapon is an almost universal feature of rape. Second, the victim suffers a gross invasion of bodily boundaries in a manner that removes her control over that which she holds most personal to her.
As a result, sexual assault survivors are more likely to develop post-traumatic stress disorder than victims of any other crime.42
Up to 95% of victims may meet the criteria of post-traumatic stress disorder following the rape,43 and as many as 16.5% of victims still show stress-related symptoms 17 years after the attack.44 Survivors report a variety of emotional changes in the longer term following the assault, including fear, anxiety and depression. Many report sexual dysfunction and disruption of relationships,41 a finding that has also been noted in male victims.45 On the other hand, appropriate interventions and support can lead to better outcomes, including changes that could be viewed as positive. One cohort of survivors saw themselves as stronger, more careful, more self-reliant, independent or thoughtful.46
Even though emergency physicians play a brief role in the care of the victim, they can also have an important impact on psychological recovery. It has been found that the greater the support the doctor provides to the victim, the better the outcome,47 and that the victims consider the manner in which the medical examination is performed as more important than other factors such as the gender of the doctor. However, the same study found doctors to be the least supportive in comparison to other health professionals, families, friends and social service agencies.
Sexual assault in special circumstances
Pregnancy
A study from Texas found no difference in the frequency of sexual assault for women who were less than 15 weeks’ pregnant.48 Beyond then, she was less likely to be raped, leading the authors to theorize that being obviously pregnant might be protective against rape or if she was raped, she was less likely to be seriously physically injured. There were no premature deliveries in the 4 weeks following the rape and no adverse fetal effects were detected.
Postmenopausal women
It is one of the myths associated with rape that victims are young and physically attractive or dress or behave in a way which provokes the attacks.49 The reality is that the victim may be any age, including elderly. This is consistent with the view that rape is an act of subjugation and asserting control rather than of sexual passion. In terms of physical injury, the injury patterns are similar except that postmenopausal women are significantly more likely to need surgical management and repair of genital injuries than are younger women.50
Children
The circumstances regarding children who are the victims of sexual assault differ from those relating to adults. First, the child is likely to have been the victim of chronic abuse rather than an attack by a stranger. Second, almost always the offender will be a man known to the child, often in a position of authority and trust.51 This introduces the issue of protecting the child from further molestation. The injury pattern is highly variable. Chronic sexual abuse tends to develop as a pattern of behaviour between the victim and the offender beginning with touching and possibly leading to penetrative intercourse. This escalation of activity may evolve over a lengthy period and physical trauma may not be a feature. If the child has been the victim of a stranger assault, the risk of physical injury is greater than for an adult victim.52 Child sexual assault is ideally managed by a team with specific paediatric expertise.