Posted on 10/20/2005 5:52:22 PM PDT by wagglebee
He says he wants to live. But his wife, caregivers and South Carolina state officials are so focused on carrying out a decade-old, out-of-state living will that 79-year-old Jimmy Chambers can't get a word in edgewise.
That's the account of 10 of Chambers's children and their spouses who signed sworn affidavits in an attempt to block their mother from removing his life-sustaining ventilator, which would cause his death.
It's a case that's reminiscent of the Terri Schiavo controversy which captured the attention of millions around the world, in which a fault line opened up in the middle of a formerly close-knit family, splitting it into pieces over whether to end a loved one's life or allow them to live.
"Our family has meant everything to all of us for all these years. We never thought we'd be in this place," Deanna Potter, one of the children seeking to preserve her father's life, told WND.
The ordeal began August 20 in Naples, Florida, when the "active" and "vibrant" Chambers hopped on a riding lawnmower to help out with his son's yard work. Chambers apparently took his eyes off the road briefly and by the time he fixed his gaze back forward, a hefty tree limb struck him and bent him backwards over the seat of the mower. He was found sometime later lying unconscious on the ground.
Chambers suffered a broken back, a spinal chord injury and a torn aorta. Doctors didn't think he would survive the emergency room. He surprised them.
"You just can't keep him down," Potter marveled. "My father had polio when he was younger and his legs were weakened by that, so he was getting to the point where he couldn't walk for any period of time. But he was always active and looking for things to do. He has a couple of those scooters and scooted all over where he lives."
Two days after the accident, doctors performed surgery and succeeded in repairing Chambers's back, but determined he had become paraplegic. Spinal shock left him dependent on a ventilator, and a gastric feeding tube was inserted into his abdomen.
The prognosis was grim. Doctors weren't sure whether the Yuma, Arizona, resident would ever be able to come off of the ventilator and feeding tube.
That's when the family unity cracked.
Divided over life, death
Chambers's wife of 58 years, Viola, and one daughter began advocating removal of the ventilator and ending his life, according to Potter. Mrs. Chambers presented a living will her husband signed in 1990 when the couple lived in Iowa. The document indicated that should he have an "incurable or irreversible condition that will result either in death within a relatively short period of time" it was his desire that his life not be prolonged by the administration of life-sustaining procedures.
Chambers did not designate a power of attorney or anyone to serve as medical decision maker in the event of his incapacitation. He has not been declared incapacitated, however, so the family decided to put the life-or-death question to him.
On September 8, after having been off morphine and other mind-altering drugs for 10 hours, the family assembled in Chambers's room at Naples Community Hospital. Present were Viola Chambers, 10 children and Chambers's treating physician, Dr. Kenneth Bookman.
"We all believed that daddy would elect to discontinue the ventilator," Potter told WND. "I went there with the determination that if that's what he chose, I would support him and stand there and love him and not leave that room until he left us."
Again, Chambers surprised them.
"He was asked specifically if he wanted to stay on the ventilator and his answer was 'yes,'" wrote Bookman in a notarized letter documenting the event, a copy of which was supplied to WND.
"He was asked if he understood that he would likely never go home again, and would likely live in a ventilator facility, on the ventilator, for the rest of his life and his answer was, 'yes,'" Bookman's letter continued. "He was asked if he wanted to be removed from the ventilator and his answer was 'no.' He was asked if he understood that he would die if he would be removed from the ventilator and his answer was, 'yes.'"
Bookman states he felt that Chambers was off of sedation and aware enough to comprehend and make decisions regarding life support.
What reportedly happened next shocked Potter: "When my father said that he wanted to live and he wanted to be treated, my mother said to him in very emphatic tones, 'Jim, do you really want to live in this body? Don't you want to go to heaven and be with Jerry?' He's my younger brother who died. And she said it twice. And the room absolutely went nuts. Everybody was outraged that she was trying to talk him into dying. ... He just stared at her as if she lost her mind. He didn't respond at all."
When contacted by WND, Viola Chambers declined to comment.
According to Iowa law, a living will "may be revoked in any manner by which the Declarant is able to communicate the Declarant's intent to evoke."
Bookman, Potter and her siblings considered the Iowa living will revoked and transferred Chambers two weeks later to Anne Maria Rehabilitation and Nursing Center, a facility that specializes in rehabilitating ventilator patients, in North Augusta, South Carolina.
'Revoked' living will lives on
According to documents filed with the court, Chambers's new treating physician, Dr. Nicholas Sanito, found Chambers "awake, alert and interactive" during an examination on September 26.
"He shakes my hands. He was trying to speak, but I couldn't read his lips all that well," Sanito wrote.
Another assessment completed of Chambers on Sept. 28 by Angie Beverly, the activities director at the facility, found Chambers could see, hear and comprehend and that he "tried to communicate."
"He could sometimes make himself understood and ... tried to use tools, such as a white board and marker and a magnetic letter board to communicate. He wrote a letter on the white board, although it took tremendous effort. He has a strong desire to communicate," Beverly concluded, according to a synopsis of the assessment provided to WND.
Viola Chambers, however, informed Sanito and the nursing staff about the Iowa living will and a Do- Not-Resuscitate order and acted to enforce both. Potter asserts her mother requests morphine and another drug be dispensed to her father in such a way that he is infrequently sober enough to communicate and ordered the removal of all communication devices from his room, including his nurse call button.
Mrs. Chambers also denied her husband medical treatment for pneumonia and ordered he only be given "comfort care," according to Potter.
The nursing home administrator, Marcy Drewry, was unavailable for comment.
While their father's lungs slowly filled with fluid and his extremities began to swell, Potter and her siblings mobilized to save his life, which meant knocking heads with their own mother.
"I can only say that she is not well," Potter said, adding that she believes her mother suffers from the adult version of the mental health disorder, Munchausen by Proxy. "She's on a mission now. I don't think there will be any reasoning with her in this process. The power is simply going to have to be taken from her hands."
Following South Carolina law, the nursing home staff considers Viola Chambers to be the person with the authority over the patient and the person they need to answer to. The Adult Health Care Consent Act gives the spouse the highest priority to make medical decisions in the absence of a health care power of attorney.
After Potter and her siblings filed a police report accusing their mother of "elder abuse," the state agency designated by the Department of Social Services to investigate such complaints looked into the matter. Susan Garen, the regional Long Term Care Ombudsman, confirmed Viola Chambers had the authority to direct her husband's care. After consulting with the State Long Term Care Ombudsman, Jon Cook, Garen concluded no investigation would be done.
"Mr. Cook determined that it is not within the scope of the long term care ombudsman to determine if the decisions made by the medical decision maker were in the best interest of the resident or not," Garen wrote in an October 6 report.
"No agency gets involved in family disputes. If there is a family dispute then we ask that they settle that in court to determine guardianship," Cook told WND. "On cases where there's a legal representative, we really have to do what they say. Especially when there's a living will that hasn't been revoked."
When WND informed Cook that family members assert the living will was revoked, he replied: "That's up in the air. I haven't seen anything that says it's revoked. Nobody can prove it is. That's why I wanted the probate court to handle that. We just can't get involved."
The hands-off approach to the case by state agencies charged with the responsibility of advocating on behalf of the vulnerable was similarly experienced by those seeking to preserve Terri Schiavo's life.
Dispute lands in court
On October 6, Randall Chambers filed an emergency petition seeking appointment as temporary guardian of his father. Six days later, according to court documents, Viola Chambers countered with her own petition.
"As his wife of 58 years, I am far more intimately aware of my husband's wishes and desires as it pertains to his health care treatment than any of my children," stated Viola Chambers in the petition. "I therefore object to the appointment of my son, Randall Chambers, as temporary Guardian for my husband as his appointment will undermine and deprive my husband of the healthcare he wishes and desires and which he has expressed to me on many occasions and also in writing."
The court appointed an independent guardian ad litem, Paige Weeks Johnson, to investigate the case and make a recommendation to the court on behalf of Chambers. In her preliminary report, Johnson recommended the court order the ventilator and feeding tube not be removed until further order of the court, and until she has the opportunity to speak with the treating physician. Still, the authority to make other treatment decisions rests with Viola Chambers.
As their father crept closer to death in the absence of antibiotics, according to Potter, the siblings trained their sights on the treating physician at the nursing home. They faxed him a letter asserting their mother had breached her fiduciary responsibility to their father. They attached Bookman's letter along with the 10 affidavits from family members all swearing Chambers had revoked the living will and wanted to live.
"We told the doctor, 'We will sue you if anything happens to our father.' We believe that has gotten him to be a little more involved," said Potter.
Chambers was subsequently transported to the hospital where he is now receiving treatment for the pneumonia. Meanwhile, the guardianship battle continues.
"I can't believe what you have to come up with in order to preserve this life – this vibrant, strong man who wants to live," said Potter. "It's incredible."
Present, using the Constitution, where I have misrepresented the original intent of the Constitution. Don't call me sick, present your reasoning. If you would look to the last statement I made to your pal, I have no issue with South Carolinians (or any other citizens of a respective state) addressing this issue within their respective legislature
Remember the beauty of all the masses held there on the east lawn? I'm not Catholic but there were many church services all over the lawn. It was a holy place and that will always stay in my heart.
Now it's just a totally evil place and I'm sure with the new medicaid fraud claims on the horizon, how can they come out scot free? They are filthy and have blood on their hands for consorting with Senator Jim King. I wouldn't be surprised if he called there every day while Terri was being starved to death. He's a really evil person. I hope voters are ready to oust him next year. It may be better to vote for anyone but him. He should go. He's such a horrible person.
Your are the one who claims the Constitution authorizes the States to order the extermination of innocent citizens against their will. So it is up to you to provide proof of your claims. Hint: Your claims are not supported by the 14th Amendment.
Your = You're
Or is afraid the bills for his care will eat up all the retirement money.
The nation and the world responded and that was great because this is a national and global discussion now. Too bad Terri was martyred in the process.
The internet media is covering the culture of death and they may make the difference as these cases continue to pop up that are "like Terri's case".
www.northcountrygazette.org has the latest news from Terri's Foundation and from Tampa Bay. June's book will be out around Christmas-time. I'm thinking it's going to have elements of an expose'.
Past cancels future BTTT !
Why do you think they want to isolate so called bird flu patients? It's cult-like to separate people from their families and also reminiscent of what Hitler did. I don't think it's necessary since experts disagree on what effect the bird flu would have in the US. The geese in Canada have a benign form of the bird flu. The bird flue is not coming but if they want to separate people from their families, they got a head start with Terri Schiavo.
Make no mistake, the death crowd is working overtime to get rid of "useless eaters". They have been working at this for years, slowing getting the public used to the idea. Be careful what you sign!
First, I am who I claim to be, as is Dadsgirl. A month before his accident Jimmy Chambers was swimming with my daughters, 5 & 6. I understand, Codercpc, I would not have gone against a spouse a few months ago either. We all thought he did not want a ventilator, but he said he did, so we helped him fight. Billbear, you seem to be a very strong republican and I respect that. I must say; however, that the Federalist Papers were not incorporated into our government and so to quote them is a little misleading. Also, our Constitution was made to be pliable because our fathers knew situations would change and unforseen circumstances such as technological advances could be incorporated into the Constitution. This is the only reason it is still in force today. To rely on what it is defeats their intentions entirely. It was made to be altered according to times. By the way we are not a federalist system solely. Also, the problem with arguing for strict state rights arises with FDR and his overhauling of our government to battle the Great Depression. He had good intentions and results, but consequences include forfeiture of many rights to the federal government. This is the basis for states' receiving federal monies. One more item, my grandad resided in Arizona, became hurt in Florida, was moved to South Carolina, and I live 20 minutes across the border in Georgia, SO which state do you think I should harass? I am not a SC native, so then are you saying that I have no rights to get involved? You say other states should stay out, but this is entirely my business and I do not reside in SC. I understand your view about state rights. I feel they have been weakened and it saddens me as well, but we cannot turn back time and return power to them all at once, besides they would miss federal funding. Thank you all for defending me and my Aunt. It's okay, I am happy to defend my position and have the knowledge to back it up. Please keep Jim in your thoughts as we remember him this weekend.
Diana has contacted me about the follow up piece and she is writing it now. She is wonderful and faithful to the truth. She attempted to contact all sources and she deserves our respect.
billbears, I take no offense at you. I simply pity your need for the law to the exclusion of justice. I realize that the Declaration of Independence is not the Constitution, nor is it the Federalist papers, but it does address the very situation that you seem to promote:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government...
I am not a citizen of South Carolina, but I had every right to access it's courts and it's laws to defend my father's life - and to attempt to change them since they deprived him of life. I will do that very thing. My residency in another state means nothing when the state of South Carolina failed my father at every turn. The intent of our founders was that States Rights would be primary, but they recognized in the Declaration that destructive government needs to be changed. Holding destructive government responsible is the duty of each citizen, no matter where their residency is. You never know when you or someone you love will be transferred to South Carolina.
Welcome to Free Republic, also. My heartfelt prayers for your family. I cannot imagine the torture this has been for you. Please accept my deepest condolences as you go through this very difficult time.
If you could, a prayer may be very comforting right now. I don't know if you've been following this, but my heart has just about ripped in two again. Thanks in advance.
I second that (you are so precious, Pegita!). I will go to sleep tonight joining my prayers with others especially for the family's comfort, wisdom, and help. I cannot imagine the depth of pain they are feeling. May God bring us all comfort and His peace.
I want to thank you and everyone else for all your prayers and support. Let me just add one more thing, this is far from over, through all the emotions we are a family of fighters and just like Dad we can be kicked down but we won't stay down. Eventually we will get someone to answer the questions we have and take responsibility for what has happened, we might get kicked down, but we will get up and keep on traveling down what looks to be a bumpy road. To Jim, you can be very proud of your children for standing up for what they believe in even though it meant dividing a family.
She has earned my respect. She's very professional, with a heart of gold.
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