I have only one case with which I have enough familiarity to form an opinion. The case is that of a 76 year-old man who had been diagnosed with esophageal cancer, in the form of a tumor at the base of his esophagus, blocking the opening to his stomach. When he was diagnosed with cancer, he refused radiation and chemotherapy. Surgery was ruled out as an option due to his age and heart problems. This man, completley informed of the fact that the tumor would over time grow to such a size where he could no longer eat solid food, and resign him to maintaining his survival with liquid food (Ensure) chose to do just that. He was told forthright from the beginning that eventually the tumor would get large enough that he would be unable to swallow even enough liquid to keep him alive. Because of the type of tumor he had, it was unlikely that the cancer would spread to other parts of his body, so he would die of starvation and dehydration.
For eight months his condition worsened as he became increasingly unable to swallow food or drink. At some point before his death, he stopped attempting to drink his Ensure, and he passed away nearly eight and a half months after his original diagnosis. He was asked often by his doctor and by his hospice visiting nurses (He chose to die at home.) if he was in pain, and he was offered pain medication if he felt he needed it. He refused, saying that he felt no pain. He insisted until the day he died that he did not suffer and never felt any pain. Although horrible to watch, and although he looked like a mere skeleton of the man he once was, he got to choose his way out. It’s really too bad that a morphine overdose administered by his doctor wasn’t an option for him.
And it’s too bad for Terri, who did not want to live the way that she is, that she does not have the same option.
If it were me, I’d be sure to come back after I died to haunt the parents, the Bushes, DeLay, and all the other morons who kept me alive against my will. And a special boo to the quack doctors who diagnose from the hallway.
Dr. J, does the AMA have an ethics board? Isn’t doing a public diagnosis with insufficient information a breach of ethics?
I’m not surprised by the Supreme Court finding. I’m sure they are not happy, liberal or conservative, about the action of Congress. I’m happy to see the rule of law alive and well in the courts, even if it is considered passe by Republicans in Congress.
Well, apparently, her parents are still trying to file appeals. Good god, talk about control freaks. Isn’t fifteen years a little long for denial like that?
I don’t know if he was a ‘typical experience’ or not, but I do know he was conscious almost until the end, when he gurgled three times and that was all.
I also had to take his word for it that he was not feeling any pain.
I fully agree that Terri’s husband should make this pseudo-life or death decision for her, based on her wishes and just let the poor woman die I one question that I haven’t seen (in spite of reading hundreds of posts) is this. Suppose that Teri did have a living will, with all of the proper bells and whistles. And in this living will, she stated that she wanted her Mother and NOT her husband to make all of these life and death decision for her. Where would we stand now?? Would her husband’s interpretations of her wishes be over ridden by the living will, or would spousal desires still take precedence. I presume this is a state issue, but I wonder what any states laws would be?
I thought I saw on the news or read somewhere that they’re trying to go through the Americans With Disabilities Act, or something like that. I don’t think they WILL give up, even though I doubt any court will hear their continued tantrums.
Just so we’re on the same page, Terri’s husband has not made this decision himself. He requested, pursuant to Florida law, that a Judge make the determination. Contrary to the misinformation flying around, this isn’t the husband’s determination, it was the Judge’s.
I think spifflog’s question is more along the lines of: is there generally any impediment to a person drafting a Living Will that specifically grants decision-making powers to someone other than the legal next-of-kin?
I’d be very surprised if there turned out to be one.
Fortunately, as Guin mentioned, not many. The SCOTUS has refused to hear their appeal, so the federal court process has run out. The Department of Children and Family Services has lost its bid to take Terri into custody. Unless there is something spectacular that happens, the Schindlers are basically SOL.
First. Put me in the camp that is rather scared by the Schindler’s constant denile. I have the feeling that when Terri finally kicks, they will simply want to prop her up in a corner somewhere, and then talk about how she is responsive, and still might get better.
Second. Michael Savage is an idiot (yes I know, and water is wet). Last night he had this gem to say about the case (quoting from memory). “I belive that in this easter season, God has sent us a new Christ figure in the form of Terri Schivo, this is just another crucifixtion of an innocent, just like Jesus Christ.” He then went on about this at length.
:eek: :eek: :eek:
I'm a Pagan, and even I was rather shocked. I know that Savage is the love child of Howard Stern, and Bill O'Reilly, but this was ...
Technically, I think, IANAL, more disclaimers, the process hasn’t run out. What had been appealed to the Supreme Court wasn’t the actual case, but the “bottom” judge’s decision not to order the tube reinserted while he ruled on the case.
I know that the courts have made this decision. But they made it at the request of the husband. I think it’s (largely) a distinction without a difference.
No it isn’t. The court was not just doing Michael’s bidding, nor did Michael directly ask the court to pull the feeding tube. He asked the court to make a determination as to Terri’s wishes and the court did that based on hearings and testimony. It’s a huge difference.
IIRC, when we filled out a living will, who would make the decisions was not part of the form. It stated what heroic measures you’ll be open to (if the heart stops, do or do not perform CPR, whether or not to insert a feeding tube or a vent, etc.) The form is not, “If I’m unable to make decisions, this is the person I want making them.” The whole idea of the form is so your relatives will have no question of your wishes, not to designate who makes the decisions.
That’s true for the living will per se, but you might still be able to designate a health care proxy which specifies who gets to make your health care decisions for you. As I mentioned somewhere up thread, I’ve designated a friend to be my health care agent since I’m single and no one in my family feels they would be capable of carrying out my wishes. Btw I’m in New York State.
However, it is possible (and generally advisable) to also assign something like Power Of Attorney for medical decisions - I can’t recall exactly what it’s called, but it basically gives someone the right to make medical decisions for the party if they are incapacitated, and is supposed to be used alongside a living will.
In addition to my personal experience with this (both parents) I can think of a case where the wife has delegated that power to someone other than her husband. She does not believe (and he agrees) that he’d be able to pull the plug on her.
I think the the scenario that spifflog is suggesting is one where the person assigned this right makes decisions not in accordance to the living will. I really have no idea which has precedence - the POA or the LW.
I can say though that it would be unfortunate for someone to have placed such trust in someone who wouldn’t follow their wishes, and morally deplorable for the trusted party to make such decisions.
In the last half hour, CNN reported that the parents have pulled something else out of the hat, which is being decided tonight. I didn’t quite catch it – (I was doing dishes) – although I think it’s another custody hearing – but the talking head said something like “Although we’ve reported that the Schindlers have run out of legal options, if there’s one thing this case has taught us, it’s ‘Never say never.’”
Anyone have useful details on this? There’s nothing up on CNN.com yet.