Posted on 03/24/2005 12:50:57 PM PST by GrandmaC
3/24/05 0626
The Terri Schiavo case
The case of Terri Schiavo is both one of the strangest and most troubling cases in quite sometime. I teach Critical thinking and Decision making, and thus this case has come up in class from time to time. Based on the news reports, my view was that this was not really a case about passive euthanasia (i.e., withholding treatment so that a patient dies), as that issue had pretty much been decided decades ago. While I have always been troubled by the inclusion of food and water as medical treatment I can understand the rational, especially when the patient is unable to eat or drink and requires a feeding tube, and thus in general I have no objection to voluntary passive euthanasia. Rather than passive euthanasia, this struck me more as a case about who makes the decision, when the patient is unable to make those decisions, and has not left a living will.
Yet as the controversy has come to a head over the last couple of weeks, I began to look beyond the news reports and headlines, and the more I did the more troubled I became. Despite all the common protestation about how this is a difficult decision, frankly, from a critical thinking viewpoint, to me the decision is quite simple. While there are lots of charges and counter charges, you essentially have two main areas of disagreement.
The first is the issue of whether or not Terri Schiavo is in a Persistent Vegetative State (PVS). Here there are conflicting reports by doctors and medical professionals. Some say that she is, that her cerebral cortex has liquefied, and as a result she is completely unaware of her surroundings, and the condition is irreversible. Other doctors and nurses say that not only is she not in a PVS; that she is aware of her surroundings, and that she does respond and react to the people around her. Not only is she not in a PVS, but with treatment, something that has been forbidden to her for many years, she would greatly improve, and that she should be able to speak again. In fact some of the nurses who have taken care of her report that Terri has spoken a few words from time to time.
The other major area of conflict is over whether Terri ever made her wishes known. Again there are conflicting reports. It is agreed that Terri did not leave a living will. Her Husband, and some of his family members, claim that she had told them she would not want to be kept alive if she was in such a condition. Her family objects that he never mentioned these supposed claims during the early years of her condition. Moreover, other friends report that she had expressed opposite desires to them, i.e., that she would not want to have life support removed.
The first issue is the most important as the second only come into play after the first is settled. Frankly, the first while somewhat complex, is actually pretty easy to address. According to Neurologists, PVS is a difficult diagnosis to make, and in fact one study done in 1996, showed a 43% error rate. There are guidelines for this diagnosis, and a proper diagnosis can take considerable time, ranging it the weeks to months. In addition there are tests that should be preformed when there is a question, in particular an MRI and/or PET scan of the brain.
The first troubling aspect of this case is that these tests have not yet been performed. More over there is serious question as to whether the diagnostic protocols have been followed by many of those claiming Terri is in a PVS. None of the doctors used by the court spent months with Terri. One of the doctors who claimed she is in a PVS only spent 45 minutes with Terri, while another spend about half an hour. Given that the American Academy of Neurology says that considerable time is needed to properly diagnosis this disease, it is significant that the doctor who spent the most time with Terri, 14 hours over several weeks, concluded that she was not in a PVS. (http://www.nationalreview.com/comment/johansen200503160848.asp)
William Polk Cheshire, Jr, a neurologist who volunteers with Florida Adult Protective Services team, was asked to do an independent review of this dispute. (http://www.nationalreview.com/pdf/Affidavit.pdf ) After reviewing all the medical records and observing Terri, both in person and on Video Tape for many hours Cheshire concluded that she demonstrates a number of behaviors that I believe cast a reasonable doubt on the prior diagnosis of PVS.
Cheshire affidavit list these and includes that her behavior is frequently context-specific, she responds to people, she demonstrates emotional expressivity by her use of single syllables vocalizations, medical records report the use of actual words in context specific situations, Terri is on occasion able to follow commands. On of the video tapes one of the doctors turned Terri in a painful way. Then later, when the doctor told the parent that he is going to have to turn her over again she begins to grimaces and make a crying sound before the doctor had a chance to touch her. As Cheshire points out she appears to comprehend the meaning of Dr. Hammersfahrs comment and signals her anticipation of pain. This response suggests some degree of language processing and interpretation at the level of the cerebral cortex. It also suggests that she may be aware of pain beyond what could be explained by simple reflex withdrawal. In fact Cheshire notes that pain issues keep surfacing in Terris medical records. Yet the American Academy of Neurology definition of PVS states that persistent vegetative state patients do not have the capacity to experience pain or suffering. Pain and suffering are attributes of consciousness requiring cerebral cortical functioning.
Given all this, clearly there is more than a reasonable doubt as to the diagnosis of PVS. In fact Terris responses to pain would itself be enough to question the diagnosis of PVS. At minimum, it would be reasonable to clear up this dispute before she is killed.
Given these reasonable doubts, it is at this point that this case becomes truly troubling. It is one thing to argue, when in doubt choose life, but it is quite another to argue that when in doubt choose death. Let say, for sake of argument, that Terris parents and the doctors on their side are wrong, and that Terris husband, and Judge Greer, and the doctors on their side are correct; Terris is in a PVS, that her Cerebral Cortex has liquefied, and therefore that she is completely unaware. What harm would there be in doing an MRI or PET to confirm this? What harm would there be in allowing doctors to try and treat her to see if she improves?
This is where the argument on the side of those supporting Terris death get very bizarre, for they make claims such, that this would be interfering with a private family matter, and that this would be violating Terris rights. It mystifies me how anyone could rationally make the first argument. For one, this is by definition not a private family matter. It is a decision made in a court of law, and courts are by definition public. In addition it is hard to take the claim seriously that this should even be a private family matter. This is not Terri deciding to starve herself to death, this is her husband making that decision for her. More importantly, there is serious question as to whether her medical condition even warrants such a decision. The simple fact is actions by one person that result in the death of another are legitimate concerns for public scrutiny.
As for the claim that this somehow is violating Terris rights, this claim is nonsensical and self-refuting. If she is in a PVS as is claimed, she no longer has the capacity to be conscious or aware. She has effectively already ceased to be a person. If it is ok to kill her because she does not know what is going on, how can she be harmed by keeping her alive? In short, there is little if any harm in keeping her alive.
On the other hand, if those calling for her death are wrong, and Terris parents are correct, a great harm and a tremendous miscarriage of justice would have been done. An innocent woman would have been wrongfully killed. Those supporting her death point to the fact that she has already been in this state for 15 years. But this ignores that she had not been allowed treatment for her condition for much of this time. If she had been undergoing treatment for 15 years without result, that would be a highly relevant factor. But that that she has not made improvements, and in fact has declined, as a result of lack of treatment is to be expected. No one denies that she has a serious medical condition. The question is should she be treated for it, or should she have her feeding tube removed so that she dies.
So what harm would there really be in allowing the tests that would settle this issue? What harm would there be in allowing those doctors who claim that with treatment Terri could make significant progress, and could even begin talking, and feeding herself, to attempt that treatment to see if she does, in fact, improve? The doctors making the claims say that you should be able to see improvement in a matter of months. If these test are preformed and it confirms that her cortex has liquefied, if the treatment fail to make a noticeable change. You can always remove the feeding tube in the future. However, if she dies and an autopsy shows that the diagnosis was incorrect, it is impossible to undo the harm.
So the choice would actually seem to be pretty simple. Perform the tests to establish whether or not she really is in a PVS, and allow treatment for a reasonable period of time to see if any improvement is possible. If her parents and the doctors on her side are correct, it is very possible that before long Terri would be able to tell us herself what her wishes are. If they are wrong, then the feeding tube can be removed. At the very least, this should settle the issue for her parents, who currently believe that their daughter would improve with treatment, but have been forbidden to even attempt it. As a result, as they see it, their daughter is being wrongfully killed. If nothing else, giving her parents the peace of mind that they tried everything possible, and that their daughter truly is in a PVS before you kill her body would be enough of a justification.
This is opinion from a blog, not news.
Mengala "Greers" it's ugly head....
I feel the same.
" it may be very hard for her to recover."
If her cerebral cortex is truly liquified, there is zero chance of recovery.
Not that that should prevent her parents from having custody, nor should it mean she deserves to die. Just a medical observation.
Also more to the point she might be able to tell what really happened to her which is what i believe is a main motive for wanting her to die
Yes I know I looked for blog and didn't see it, so I figured it was closest as a current event. Sorry. If someone knows how to change it to a blog go ahead.
I agree
Insightful opinion nonetheless.
It's already been done.
Agree.
I thought it was very good too
thank you for telling us. She is a wonderful Christian.
Your Welcome and I totally agree she is such an inspiration to us all
Conclusion: sound critical thinking and normal logical reasoning processes are absent from members of the judiciary. Are they perhaps brain-dead? A growing trend within the culture of liberal secular humanism.
You are right it seems to be missing. I am absolutely floored. What harm could it do to just make sure by review these new facts. Someone sure seems to want her dead.
Now is the TIME for a "boston tea party" type of action! A UNARMED force of action, without any weapons, or anger, just a large group of people to remove Terri and get her help! I am sure that there is a Dr. out there ready to help if Terri gets to him [her]. There are not enough police officers arount to stop this type of action!
Governor Bush,
You are a co-equal to the Judiciary. You have not only the right but the obligation to protect your citizens against the errand judiciary. Please step in her and take her immediately to the hospital. If it is not already to late it soon will be. Take the leadership. Jesus gave his life for us. As Governor can't you risk what ever for Terri. You know we would all support you and especially God would support you. You have to answer to God above all else. He is your Authority. How will you feel if you let her die and didn't do all you could. She does not have much longer.
Jean Clabough
Unfortunately, for a long time liberal secular humanist morons have been appointed to the courts. They make idiotic decisions all the time. This is just one of the more graphic and absurd examples.
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