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."
Thank you very much Carol Ann.
I just wanted to make another point before I go to work.
In reference to the Elderly Abuse law, each state has one which echoes Federal law. As such, each state can add but cannot take away from the law as written.
Therefore, when a state fails to abide by those laws, then who are they or should they become accountable to? It sounds to me that some people believe that the states should cede from the union of the United States.
Was there an autopsy? A coroner's inquest? Anything? Who signed his death certificate, and did they have anything to do with his care (or lack thereof)?
There needs to be thorough investigation. Have you found any agency yet that will investigate?
Welcome to FR both of you. I hope that this isn't over and won't be over because this is worth fighting for. Mr. Chambers is one who life was snatched away from him against his wishes, and lest anyone think otherwise, it is to the detriment of us all as caring human beings that this has happened. It needn't have. I don't understand how some people live with themselves for the destruction they bring about. I guess I must pray for them (and for all of us). What kind of society allows its vulnerable to be treated this way?
BykrBayb, the death certificate was signed by his attending physician from Anne Marie, a Dr. Nicholas Sanito. He listed Dad's meds on a report and the last entry on the list was "a bunch of PRN's". For those who may not know, PRN indicates the meds should be administered "as needed". Mom got to say when they were needed. Those PRN's were the narcotics that my mother used to keep Dad unconscious. Among them were Ativan and morphine, as well as Benadryl which knocked him out also. It is in the doctor's best interest that Dad's death be natural. Dad has been cremated. Again, the state said we had no right to ask for an autopsy unless there was an investigation.... only my mother had that power. An investigation has been requested. I will keep you posted on that.
By the way, everyone, I'm glad you got a chance to meet my 2 brothers, old424 and TheSecondSon. They're a little angry these days, so they are not suffering fools very well at all.
Please accept my deepest condolenses on your loss and know that you and your family are in my prayers.
God Bless
I think all of you will be VERY INTERESTED in seeing what "DadsGirl" has told us.
This has to be very frustrating for all of you. I hope it helps you to know that you're in a lot of people's prayers (including mine.)
If you haven't consulted with a lawyer, I think you should. There has to be a way to get an investigation going.
Great.
"I want to live."
"No, you can't, we know best!"
Nazis?
I think that I feel worse and worse the more I learn from your family. I am stunned and feel like I've been down this road before. Well, I guess I have. This time it seems every bit as cruel.
You might be surprised (and then again maybe you won't be), but many people on these forums have confided (to me privately) about a family member's death and how it was such a devastation to them. The images are still with them. They have given descriptions of situations much like what y'all have described. I think it has become very prevalent in our society.
Is this the 'death with dignity' we have all been told it would be? I think the 'death with dignity' movement is a false front for the euthaniasts who are ready to dispose of people whom they feel no longer have value.
I'm sad and sick to my stomach. I have no words to console you, except to offer my friendship, distant though it may be. My best to you and yours.
It is very painful each time I hear of another victim of the euthanasia movement. Each situation is as unique as the individuals involved, but they all have something in common.
The euthanasia movement produces nothing but pain, sorrow, and obviously death. I don't know how to stop it. We all work toward changing legislation, getting existing laws enforced, publicizing the problem, and whatever else we can do. But the deaths continue. And each one is painful, even to those of us who don't know the victims. When I first read about Jimmy Chambers, my stomach tightened up in a knot, and stayed that way. When I read his obituary, my stomach began hurting from the strain. It hasn't stopped. I don't ever want to know how painful it is to lose a loved one this way.
We need more families to speak out, like Mr. Chambers' family is doing. But most people don't even know this is going on until it happens in their family. During such a horrific time, the last thing they want to do is speak out about their private lives, to publicize a problem they didn't even know existed until now. It takes a lot of strength to speak out.
Moral Absolutes Ping.
Update and personal info from some of the children of Mr. Chambers who was basically killed because of an old, revoked "living will".
Very sad, and we should inform ourselves, because this evil will become - and is becoming - more and more common.
Freepmail me if you want on/off this pinglist.
Information from some of Mr. Chambers' family, beginning at post #134.
This is not a regular ping list. Just a sampling of people I think will be interested in these updates.
Thanks, BB! Pingees, check out her links.
the courts are every where you don't want them to be.
even if he was sedated, and said he wanted to live, that should be the end of the discussion. there should be a presumption of a desire to live. you should have to prove beyond a reasonable doubt that a person does prefer to die.....
my tagline is rolling over in its grave
this is enough, already !
Diana's article is spot on. She is amazing in that she listens, records accurately and follows up with all sources. Diana Lynne is truthful and meticulously accurate. My family owes her a debt that we can never repay.
We also owe all of you a tremendous debt of gratitude.. for your prayers and for keeping my Dad alive through the telling of his story. I feel like our family has grown and now includes all of you. Thank you for sticking up for my Dad and for what is right. God bless you all.
Did 'revoked' living will kill communicative man?
8mm
I think the wife shoud be considered terminally delusional and have her food and water witheld so she can die that "wonderful peaceful death" that Terry Shiavo did.
EXACTLY!!!!!!
Where was the nursing home staff? I work in a nursing home an if the wife's behavior was as described she would have been removed from the "first contact" position. the Living Will is only in effect if the resident cannot "speak" for himself. As for the wife ordering the removal of the call light..that is a load of crap because even residents who have no way of ringing the light MUST have one within reach whenever they are in thier rooms...State law!!!
No matter who "rational" you may perceive your current attitude to be, it is not -- for it allows both suicide and murder.
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