
The
story of Terri Schindler-Schiavo will break your
heart. This poor woman collapsed in her Florida
home some thirteen years ago and suffered severe
brain
damage. Ten years ago, a medical malpractice case
awarded $750,000 for her rehabilitation. But her
husband (and guardian) has since forbidden any
attempts at rehabilitation. For years, Terri has
been languishing
while her husband seeks court approval to kill
her. In fact, hes spent over half her rehabilitation
money paying attorneys in an attempt to starve and
dehydrate Terri by removing her feeding tube. Her
parents heroic determination to fight Mr.
Schiavo has helped Terri survive two such attempts.
"Well," you
might say, "I can understand that people wouldnt
want to be hooked up to machines indefinitely." Thats
a reasonable position to take, and falls well within
Catholic moral teaching. The Catechism of the
Catholic Church states:
"Discontinuing
medical procedures that are burdensome, dangerous,
extraordinary, or disproportionate to the expected
outcome can be legitimate; it is the refusal of over-zealous treatment.
Here one does not will to cause death; ones
inability to impede it is merely accepted" (CCC
2277).
But
Terri isnt hooked up to "machines." She is
simply fed through a low-tech device invented in
the nineteenth century. After all, everyone needs
food and water to survive.
Lately,
Terri has become the cause cèlébre of
the Right-To-Die movement and its leaders. The
language they use is subtle, but the Right-To-Die
marketers are masterful at using carefully tested
language to lull the public into cooperation. And
make no mistake, theyre using Terri to try
to influence the general public into jumping on
their bandwagon.
How
so? Reporters not usually sympathetic to cases
such as Terris are telling us that if only
she had expressed her wishes in writing, she could
be free from this contentious family squabbling.
They sympathize that a woman who is so severely
disabled should be forced to live against her wishes.
(Their coverage is working, as evidenced by the
Internet blogs and chat rooms calling for Terris "plug" to
be "pulled.") And then these sympathetic, caring
reporters urge us, their viewers, to fill out a "Living
Will" so that we can avoid having our family fight
like hers.
This
sounds like such soothing advice. A family could
have been saved ten years of turmoil if only Terri
had written a "Living Will." A woman who would
never have wanted to live "like that" could be
set free from her plight. We have the right to
make our medical decisions known in legally binding
ways. Shouldnt we all go out to our doctors
and attorneys and let them know our wishes? It
seems as though it could prevent so many problems.
But
theres a dirty little secret behind the soothing
words. Visit your doctor or attorney, and they
will not be neutral in discovering your "wishes." Theyll
be moving you towards deciding when you
should be killednot if you will be
killed.
This
duplicity was manifested on the CBS News Sunday
Morning show of November 9, 2003. Attorney Vincent
Russo, a specialist in end-of-life issues, was
featured saying, "Unfortunately, Terri, poor Terri,
did not express herself in legal documents that
would have avoided all of this." Doesnt he
sound sympathetic? Were told Mr. Russo recommends
that every adult, no matter how young, prepare
a "Living Will." He assures us that this document
allows people to declare what medical treatment
they do or do not want. It sounds so reasonable.
But
when this "Living Will" was briefly flashed on
the television, its first line read: "[I] willfully
and voluntarily make known my desire that my dying
not be artificially prolonged." This supposed "Living
Will" is a document allowing you to sign your own
death warrant.
This
is typical of Living Will practice. My personal
doctor is required by California law to display
a sign in his office advising us that "Advance
Directive" forms are available. The introductory
pages are upbeat and tell us that these forms "ensure
you receive the care and services you desire," and
the forms do leave adequate room for writing your
wishes. But there is one and only one pre-written
directive available for you to choose: "I do not
want efforts made to prolong my life and I do not
want life-sustaining treatment to be provided or
continued" in case of irreversible coma, persistent
vegetative state, terminal illness, or burdensome
treatments which would outweigh the expected benefits,
Take
note of certain omissions in this order to end
your life. There is no timeframe for the coma or
a definition of "irreversible," no request for
therapy or treatment of the persistent vegetative
state, no definition or prognosis for the terminal
illness, and no hint of what constitutes burdensome
treatments.
The
pressure is subtle, but its there. The "Living
Will" guides you towards determining the circumstances
of your death. My husband and I have personal experience
with this. When updating our wills, we sought out
a good, Christian attorney. When she asked us about
health care decisions, we explained that we had
strong religious feelings against "pulling the
plug." We were firm and clear. Fortunately, we
also read the wills before we signed them. The
section on health care decisions included the standard,
boiler-plate language stating that we would not
want our lives artificially prolonged. Needless
to say, the documents had to be re-typed before
wed sign them.
If
you approach your attorney, you might be directed
to the on-line "Tool Kit" prepared by the American
Bar Associations Commission on Legal Problems
of the Elderly. (Heres an obvious prejudice:
why are health-care issues classified as "legal
problems"?) It claims to be designed to help you
discover and clarify what is important to you in
the face of serious illness. In reality, every
section of the "Tool Kit" is geared towards helping
you decide when you should die.
Some
examples are in order. One "Tool" is titled, "Are
Some Conditions Worse Than Death?" and proposes
that you consider whether or not youd want "treatments
that might keep you alive" if you are faced with
less-than-perfect health. The situations are not
limited to ventilators, feeding tubes, or even
wheelchairs. The "Tool" also asks whether youd
want to refuse life-saving treatments if "you spend
all day at home," or "can no longer control your
bladder." (Note to menopausal women: watch out!)
Another "Tool" suggests
ten specific medical scenarios and asks you what
your wishes would be if you were in these situations.
What if chemotherapy would leave you nauseated
for three months at a time? If your mind is fairly
clear but youve had pneumonia four times,
would you want antibiotics the next time? If dementia
affected you about half the time, would you want
both gangrenous legs amputated? These "Tools" sometimes
depict gruesome medical situations few of us will
ever see, yet encourage us toward choosing death.
Other "Tools" are
presented in a more subtle fashion, asking you
to identify your personal priorities and fears.
Do you most love to be outdoors? Would you want
to be sedated to control pain if it made you sleep
too much? How would you like to plan the last week
of your life? The implication of these "Tools" is
that death might be preferable to any reduction
in our current quality of life.
The
problem with asking these questions of presumably
healthy people is that we really dont know
the answers. In the hubris of youth or good health,
we cant imagine living in a nursing home.
We cant imagine wanting to be confined to
a wheelchair. We cant imagine losing our
cognitive abilities, or breathing with a ventilator,
or being fed through a tube. We think we wouldnt
want to live "like that."
But
when were healthy, we cant really know
how well feel when were "less than
perfect." It is arrogant to even use such a phrase,
for none of us is perfect, and all of us are less "perfect" than
we were. To jump us into a far less "perfect" future
and ask us what wed want is to ask us to
sign away lives we cant begin to imagine.
David
Jayne is a man who understands these issues. A
coalition of over twenty Disability-Rights groups
referenced him when they prepared a statement in
support of Terri Schiavo. Just forty-two years
old, he has been diagnosed with ALS.
Every
five seconds, a ventilator on a cart next to his
bed pumps air into his lungs. He is not able to
move. Twelve years ago, Jayne would have dismissed
this existence as a living hell. "Yes, Im
very passionate about the Terri Schindler-Schiavo
issue, because I live it," says Jayne, who was
profiled in TIME Magazine in 2001. Jayne, like
many of us, would have once said he could not imagine
living in his current state. "If someone had told
me I would be paralyzed and tethered to a ventilator,
yet still find meaning in life, I would not have
believed them." Today he says, "It is incredibly
wrong for society to decide who lives or dies based
on their opinions of what level of quality of life
is worth living." (Article
at ArcLink.org)
Think
of other people who might have signed their lives
away if theyd had their futures described
to them. What if Christopher Reeve had written
a "Living Will" before falling off his horse? What
if Steven Hawking had issued advanced directives
in case of losing his voice and motor functions?
With a "Living Will" would Tuesdays With Morrie have
ever touched our hearts? Did you know that Rose
Fitzgerald Kennedy lived with a feeding tube? And
what if Pope John Paul II had written a "Living
Will" in case of neurological impairment? (Of course,
he wouldnt. But if he wouldnt, should
you?)
"My
doctor would know whats best for me," you
say. Keep in mind that its usually specialists
who guide your care in tough medical situations,
not the doctor youve known and trusted for
years. And, unfortunately, even specialists have
a strong track record of being wrong.
Think
of the times when doctors (or the courts) have
been proven wrong:
-
Patricia White Bull awoke from an "irreversible" coma
after sixteen years.
-
Terry Wallis awakened from another "irreversible" coma
after nineteen years.
- Rus Cooper-Dowda could hear her husband and doctors discuss when to
remove her ventilator and feeding tube, since she would "never" regain
any meaningful function. Unbeknownst to these doctors, Rus was pregnant
at the very moment they wanted to kill her. With the surreptitious help
of a nurse, she was able to recover; her son will soon turn twenty.
-
Evan J. Kemp, Jr., former chairman of the EEOC,
was told that his neurological disease would kill
him by the age of 18. Hes now 59 years old,
and describes himself as having "an extraordinarily
high quality of life."
-
Kate Adamson was given the diagnosis of Persistent
Vegetative State and had her feeding tube removed
for eight days. Though she was "locked in" and
could not communicate, she was completely conscious,
completely aware, and in agony from the starvation
she suffered. Her husband threatened legal action
until her feeding tube was restored, and Ms. Adamson
is today a motivational speaker.
-
A wheelchair-bound young man, Joe Ehman was pressured
by hospital staff to sign a Do Not Resuscitate
order while just waking up from anesthesia. To
stop the pressure, he had to muster the strength
to scream, "Im 30 years old. I dont
want to die!"
-
Rick Hoyt suffered from a lack of oxygen when he
was born and doctors said he would live his life
as a "vegetable." His parents, however, never gave
up on him, and taught him to communicate with the
help of a computer. Today, hes working for
Boston College to develop mobility aids that can
be controlled by a paralyzed persons eye
movements.
-
In 1993, Maria Matzik, a woman who continues to
live with the help of a ventilator, fought against
nurses who wanted her to sign a Do Not Resuscitate
order. When she refused, they informed her that
because she is on a ventilator, nothing would be
done if she suffered a cardiac arrest. Today she
feels fortunate to have survived that hospital
stay.
-
Marjorie Nighbert signed an "advance directive" before
she was hospitalized for a stroke in 1996. This
document stated that she desired no "heroic measures." Based
on this, her family requested that her feeding
tube be removed. When Ms. Nighbert begged for food,
the courts deemed her "not medically competent
to ask for such a treatment," and the hospital
physically restrained her in bed so that she could
not pilfer food from other patients. She died ten
days later.
-
Within my own circle of intimates, two have survived
over three decades each past their doctors declarations
that they were "terminal."
-
David Mack, a police sergeant, was shot in the
line of duty. A neurologist diagnosed him as "definitely
. . . in a persistent vegetative state . . . never
[to] regain cognitive, sapient functioning . .
. never [to] be aware of his condition." Less than
two years later, Sgt. Mack woke up and went on
to make a good recovery. The physician? Dr. Ronald
Cranford, the same doctor who has declared Terri
Schiavo to be in a Persistent Vegetative State.
In
recent years, medical ethics and the law have been
twisted in frightening ways. Food and water have
been reclassified as "medical treatments" if theyre
administered "artificially." Dr. Ronald Cranford
has even testified in court that spoon-feeding
may be classed as "artificial," presumably because
helping people to eat is somehow unnatural. This
is a fundamental shift in patient care; we all
need food and water. Food and water are not "medical
treatments," theyre basic necessities of
life. Without them, everyone is "terminal." As
the Pope has said, "the presumption should be in
favor of providing medically assisted nutrition
and hydration to all patients who need them."
Lets
look at how this redefinition is playing out in
Terri Schiavos case. Terri collapsed in 1990,
when Florida considered "artificial sustenance
and hydration" to be nothing more than basic food
and water. It was not until 1999 that Florida laws
changed to redefine tube feeding as "life-prolonging" treatment
which could be discontinued. So even if Terri had
expressed that which her husband alleges, "no tubes," she
could not possibly have imagined that "tubes" would
one day be redefined to include "food."
Even
worse, this supposed dislike for "tubes" is only
hearsay; Terri never filled out any written directives.
Her parents are convinced that she never said shed
want to die. A court appointed guardian determined
that Michaels claim is not credible given
how long he waited, the money he would inherit,
and his (adulterous) romantic relationship. At
best, the only testimony given has been that Terris
alleged comments were episodic, made in the face
of tragic circumstances or television documentaries.
How do we know whether she was badgered into these
alleged statements, as in, "You wouldnt want
to be kept alive like that, would you?" Yet the
courts are saying that there is "clear and convincing
evidence" that starving to death is exactly what
she would have wanted. Since when are people eligible
to be killed because of making a passing comment?
Why isnt her choice not to write it
down considered clearer evidence than the hearsay
presented in court?
And
why have her alleged wishes for "nothing artificial" morphed
into "nothing"? Michael will not allow
Terri to be fed anything by mouth because - get
this - she might choke and it could be fatal. If
fatality is of concern, why is starvation and dehydration
being ordered?
This
summer, Terris parents petitioned the court
for eight weeks of rehabilitation so she could
be weaned off the feeding tube. Judge George Greer
refused their request, writing that it was simply "an
attempt by Mr. and Mrs. Schindler to relitigate
the entire case." (Funny, some thought it sounded
like a way that Terri could live without "tubes.")
Michael Schiavo, in his role as Terris guardian,
will not allow her to receive Holy Communion. Even
after her feeding tube was removed, the police
officers guarding her prevented a priest from giving
her viaticum. This is a clear denial of Terris
canonical and First Amendment rights.
Its
bad enough that Right-To-Die advocates are using
Terris situation to encourage the rest of
us to sign advance directives. But their exploitation
of her does not stop there. Terri Schiavo is surrounded
by major players in the Right-To-Die movement.
Michael Schiavo chose well when he hired George
Felos as his attorney and Dr. Ronald Cranford as
an expert neurologist. There are frightening links
between them and others involved with Terri. See
if you can follow this convoluted web of connections
among the people surrounding Terri Schiavo.
Dr.
Ronald Cranford was a member of the board of the
former Euthanasia Society of America, which eventually
merged with Partnership for Caring. Partnership
for Caring lists Mary Labyak as a current member
of their Board of Directors; she is also the CEO
of the hospice where Terri Schiavo lives. Both
George Felos and Barbara Sheen Todd have served
on the Board of Directors for that same hospice;
Mr. Felos was in fact the Chairman of the Board
until Terri Schiavo was moved there. Mrs. Todd
serves as a Pinellas County commissioner. Judge
George Greer served with her for eight years; it
is he who has ordered Terri Schiavos feeding
tube removed. He also appointed a supposedly "neutral" neurologist,
Dr. Peter Bambakidis of Ohio, to break the tie
between doctors who disagreed about Terris
diagnosis. Dr. Bambakidis had never before testified
in a case like Terris, but his brother and
George Felos have both served as officers in the
American Hellenic Education Progressive Association.
So
in a case where clean hands and independence ought
to be mandatory, professional associations abound.
No disabled person could be well served by these
supposedly coincidental connections. How can people
with so many affiliations be allowed to decide
the death of Terri Schiavo?
Many
of these individuals are leading activists in the
Right-To-Die movement. They are exploiting Terri
Schiavo in hopes of advancing their agenda. If
Michael Schiavo and George Felos succeed in starving
Terri to death, a legal precedent will have been
set that will give guardians far greater leeway
to order the starvation and dehydration of their
wards. It is instructive to review the activities
of the key players trying to kill Terri Schiavo.
Dr.
Cranford has been an instrumental force in redefining
the determination of death. Death was once defined
as the time when the heart permanently stopped
beating. Through Dr. Cranfords activism,
it was changed to coincide with the cessation of
brain waves. The motivation for this redefinition
was so that human organs would survive the death
of the patient and be available for transplant.
When writing in 1982, Dr. Cranford was highly critical
of pro-lifers in general and Catholics in particular
as he presented his arguments for this redefinition.
His critics? They thought his new criteria might
lead to the eventual acceptance of euthanasia.
History has proven his critics to be right. Interestingly
enough, Dr. Cranfords published definition
of the Persistent Vegetative State differs substantially
from Florida law. Court transcripts show that Judge
George Greer used Dr. Cranfords definition
in assessing Terri, rather than Floridas
stricter definition.
George
Felos is proud to be a "crusader" in the Right-To-Die
movement. In his book Litigation as Spiritual
Practice (Blue Dolphin Publishing, 2002), he
describes his religious beliefs and spiritual practices.
These include engaging in a form of telepathy which
he calls "soul-speak" to discern the wishes of
comatose patients. Using the power of the mind,
he believes we are all capable of creating even
an automobile for ourselves "out of the ether." While
on a commercial plane flight, he once wondered
how it would feel to die; he claims his thoughts
caused the plane to descend towards a crash, and
that God audibly admonished him afterward. His
book also explains the motivation of the Right-To-Die
movement: its adherents know "that keeping one
alive against his wishes artificially perpetuating
the body once the spirit is ready to depart is
a defilement of lifes final rite of passage." This
explains his obvious distress when he declared
Terri Schiavo was "abducted from her deathbed and
her death process" by the actions of Floridas
governor. Distressed or not, it is wrong for him
to use the legal system to force his fanatical
religious views on Terri, who is Roman Catholic.
Partnership
in Caring (linked to both Dr. Cranford and Mary
Labyak) is an organization wedded to the Right-To-Die
movement. Their website carries a message about
the Terri Schiavo case without ever mentioning
that Mary Labyaks hospice is Terris
home. What does Partnership for Caring say about
the Schiavo case? The controversy in her case stems
from a misunderstanding of "evolving terms." Did
you get that? The Right-To-Die movement is freely
admitting that medical terminology can "evolve" and
cause the "misunderstanding" plaguing Terris
family. And their suggestion for avoiding this?
Write a Living Will so that your family will not
have the same conflicts Terris did. They
know, even if you dont, that the literature
you find will guide you toward allowing the medical
profession to decide when you should die.
In
one way, theyre right. As the Right-To-Die
movement takes greater control of end-of-life care,
it really is important to let your wishes be known.
Fortunately, theres an alternative to standard
advance directives. To combat the usual presumption
towards death in these documents, National Right
to Life has begun the Will to Live Project. At
their website you can download state-specific
advance directives which have a general presumption
toward life. You can make your specific wishes
known and define what you consider to be burdensome
care while protecting yourself from Right-To-Die
zealots who might see you as the next Terri Schiavo.
Let
us Catholics never forget that our suffering need
not be futile. Remember, St. Paul tells us that "in
my flesh I complete what is lacking in Christs
afflictions for the sake of his Body, that is,
the Church" (2 Cor. 12:9). Remember too that when
ill, we may be united more closely to Christs
Passion through the Sacrament of the Anointing
of the Sick. The Catechism assures us that
our suffering can actually become a participation
in the saving work of Christ (CCC 1521).
Remember
the American Bar Associations "Tool Kit" for
writing advance directives? Id like to propose
a Catholic alternative:
- "If
your skills have faded until all you can do is
pray, would you want to be starved and dehydrated
to death?"
- "If
you knew that your intense suffering was helping
souls in Purgatory and your loved ones on earth,
would you accept painful physical therapy?"
And
for those who remember the aftermath of the Nancy
Cruzan case:
- "If
you knew your father would commit suicide in grief
a few years after he had your feeding tube removed,
would you want to continue being fed?"
Terri
Schiavo deserves our compassion and our prayers.
She also deserves rehabilitative therapy and simple
food and water. If her husband succeeds in denying
these to her, the Right-To-Die movement will have
won a horrible victory.
---------------------
Toni
Collins and her husband, Rick, live in northern
California and are blessed with four wonderful
daughters. Toni is a summa cum laude graduate of
the University of California-Irvine in computer
science. She can be reached at ToniVCollins@aol.com.
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