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."
Sometimes FR is a really, REALLY horrible place.
[yeah...I know....HOW DARE I say that?]...;]
You're probably right about that. It's just whenever I see it's a FAMILY DISPUTE...my flags go up.
You have said some very hateful things over the years, but this takes the cake. It's disgraceful the way you've attacked the grieving family of a man who was probably just murdered.
Hildy, another freeper told me you were going to do this, and I actually said "No, Hildy's not that stupid." I guess I don't know you as well as I thought I did.
It's long past time for you (both of you) to bow out.
These family members, like I did, CHOSE to post personal information about their family. Therefore, they're going to get all different opinions about it, like I did. You're basically telling me I'm evil and hateful for doing EXACTLY what you've been doing to me for the last year. Think about it.
So you're attacking them in defense of someone? Who are you defending?
You came onto this thread, attacking this family for having tried to honor Mr. Chambers' wishes and save his life. They did not attack you. So don't play your victim card this time. I gave you a taste of your own medicine. You had it coming to you. Drink it up.
You have said some very hateful things over the years, but this takes the cake. It's disgraceful the way you've attacked the grieving family of a man who was probably just murdered.
Hildy, another freeper told me you were going to do this, and I actually said "No, Hildy's not that stupid." I guess I don't know you as well as I thought I did.
It's long past time for you (both of you) to bow out.
In this post you're outraged that I ask questions of people who have lost their Father. I'm saying, you did the same exact thing to me, but worse. You implied I'm a murderer. I don't think you can get more disgraceful and hateful than that.
I never implied anything. I merely pointed out that you claim your father was dehydrated to death, you knew it, and made no attempt to stop it. As a matter of fact, you liked the idea. You said it. I linked to it.
Hildy, just to make sure I understand your point-of-view, please help me out with something. I could swear that last year when we were discussing the Terri Schiavo situation, you mentioned several times that you were in favor of assisted suicide, say, as in giving someone an injection to end their pain and suffering once and for all. Is my recollection correct?
Yes, I am for assisted suicide under certain conditions.
Thank you. Enough said. That statement speaks volumes.
This is just incredible!
But That's not the discussion today...the discussion today is you saying I have no right to ask question of a grieving family member when that's all you've done to me over these past years.
Now, you just implied that I enjoyed watching my beloved Father die. I made sure my father died as peacefully as possibly because those were his wishes. And that's what happened. So for that, in your eyes, I'm a murderer.
You and I just go round in circles...why don't you just ignore my posts as I've been ignoring yours when they're not directed to me. But get this straight... I'm not going away..and I'd never be so impudent to tell you to leave a public forum.
Keep reading the thread! Get to the posts from the family, which start in the 130's, I think 134 is the first. It's from Dad's Girl. There's more after that.
Hildy, I am so sick of hearing that this was a family dispute. We have notarized affidavits from 10 family members and another from the attending physician stating that my father was lucid and that he revoked his living will by answering questions about whether he wanted to be on the ventilator and undergo therapy. His responses were ALWAYS that he wanted therapy and that he wanted to stay on the ventilator. We were prepared to let him go, but he stated that he didn't want that. IN SPITE OF HIS STATEMENTS, his wife, my mother continued on in her quest of disconnecting the ventilator. That is not a family dispute... that is a woman who is intentionally trying to end his life against his will and wishes. The investigative agencies did not do their job because they said it was "a family dispute". It was no such thing. You have no idea what it's like to lose your father and your mother at the same time by her hands. Each morning I would look into my mirror and try to understand who this woman was that had been my mother and now was a single minded murderess. You have absolutely no idea what it's like to understand that to save your Dad, you will most likely have to institutionalize or have arrested the woman that raised you. Try to imagine the pressure of that day after day. When I go to my Dad's funeral this week, I will see her again and I know she's sick and that she needs help and all she sees is that she has won. Do you have any idea what torture that is? So you come in here and judge me. I can only pity one who is so wise that she can see what doesn't exist and understand the things that defy any sort of understanding. I guess your experiences, however sad they were, have made you want to strike out at people like me. I'm sorry for you and I forgive you. I hope you can only forgive yourself for whatever horrible thing has happened to make you so vindictive.
I am very, very sorry for your pain. I'm sorry you couldn't get the law to act on your side...I don't even doubt what you're saying, it sounds like a nightmare. (And unfortunately it is deemed a family squabble, as alot of these things are). And again, as I said in my earliest post that if he rescinded that order while he was lucid, it should have been respected.
And that's my point, I believe everyone's rights should be respected, and that includes people who do wish to die. And that's why we argue here at FreeRepublic.
But here's a little piece of advice...I know this is all new and fresh and you're feeling things nobody should have to go through. But resentment and anger is like Cancer...and it will hurt you. Your Mother is going through pain as well. Now it looks like she's lost her entire family. When you point a finger at someone else, there's another pointing back at you. It does no good for anyone to hold anger and resentment for a long period of time. I hope some of this anguish can be turned into something positive. That's my hope for you. I'm not your enemy, or the devil incarnate as bykrbab wants you to think. I just have different views than some here based on my experiences.
Good luck to you and God Bless you and your family in your time of pain and for always.
Dear DadsGirl -- prayers continue for you and your family now and in the coming week as you're finalizing plans, attending the funeral, and considering the future. Praying also for healing for your mother, the broken relationships, and the pain that has brought to all.
Take care -- may you and your family also be receiving solid help and comfort from those physically around you.
You love to twist what people say to suit your own purpose. I linked to what you said. If you didn't want people to know what you did and didn't do, and how you felt about it, why did you post it?
You don't know what I have and have not experienced, because I'm not an exhibitionist like you. I don't go through life thinking everything is about me. This is about Jimmy Chambers. You tried to make it about you, with your holier-than-thou condemnation of Jimmy Chambers, his family, and anyone else who doesn't buy into your modern day T-4 utopia. I thought it was only fair to point out your hypocrisy, and your long standing practices of advocating forced euthanasia and attacking those who don't. Now you've chosen to kick this family when they're down. Shame on you.
As far as I can remember, you've never told me to leave. You just run to the moderators, falsely accusing me of saying things I haven't said, and asking them to get rid of me. Have you tired of that game yet?
considering healing at times when everything hurts: "the rescuing hug" --
http://www.snopes.com/glurge/hug.htm
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