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."
I will admit that you search better than I do. Thanks for the Google lesson.
Several people have asked what they can do to help Jimmy Chambers. Wampus SC posted this info on the Terri Daily thread. I'm reposting it here. Could you please ping your lists?
I'm too lazy to use html, so in case I missed anything, Wampus' original post is #446 http://www.freerepublic.com/focus/news/1494762/posts?page=446#446 . He did a wonderful job with bold, italics, etc...
Contact info for anyone who wants to try to help:
South Carolina Dept. of Social Services
http://www.state.sc.us/dss/aps/index.html
Division of Adult Protective Services
Contact:
Tim Cash, MSW Division Director
Mailing Address:
South Carolina Department of Social Services
P.O. Box 1520
Columbia, SC 29202-1520
Telephone: 803-898-7318
Per website:
If you have reason to believe that a vlunerable adult in the community is being abused, neglected, or exploited, contact Adult Protective Services at the county DSS in the county where the adult lives
Aiken County Dept. of Social Services:
Austin Scott, Director
Address:
Aiken County DSS
1410 Park Avenue, SE
Aiken, SC 29802-1268
Telephone:
(803) 642-3603 - Director
(803) 649-1111 - Staff
1-888-866-8852 -Toll Free
E-Mail:
ascott@dss.state.sc.us
Please note the following text per SC DSS website:
The Division of Adult Protective Services protects the health and welfare of elderly and disabled adults. Adult Protective Services are provided to individuals who are 18 years of age or older and are victims of actual or potential abuse, neglect, or exploitation. This mistreatment may be caused by others or self-inflicted. DSS is authorized, by the Omnibus Adult Protection Act of the South Carolina Code of Laws, to investigate all reports and provide services. Services are provided to meet the adults' basic needs and to ensure their safety.
....
Some people are required to report by the nature of their profession. People in the following professions are required to make a report if they have reason to believe a vulnerable adult has been or is likely to be abused, neglected, or exploited; physician, nursem dentist, optometrist, medical examiner, coroner, other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or mental retardation specialist, social or public assistance worker, caregiver, staff or volunteer of an adult day care center or of a facility, or law enforcement officer. Also, any person who has actual knowledge of the abuse, neglect, or exploitation of a vulnerable adult must report the incident.
LOL - Okay, now it's posted again. I didn't have time to review this thread before posting, and don't have time now either. I hope by the time I get back, I will see many reports of action taken by Freepers.
Thanks, Bayb - I'll ping my list later today. They always like action they can take!
LOL - yep. Hey, the more who see it the better. :)
As it is an affair within the state of South Carolina involving private citizens, common sense would argue that this is an issue for South Carolinians and South Carolinians only. However don't let that stop you. Why don't we just skip the bothering local officials and jump straight to calling our federal officials to involve themselves in an internal state issue? Don't you have a form letter to send to the President or a few Senators?
And for the record, as these folks are from out of town, I seriously doubt there is anyone she is in cahoots with. And no Scientologists for 500 miles.
Also, any person who has actual knowledge of the abuse, neglect, or exploitation of a vulnerable adult must report the incident.
Well even if they did report there was no abuse, would you believe them if it didn't fit into the 'sky is purple' view of the world?
Does the fact that a man is being murdered make any impression at all on you? Does it bother you that he specifically requested to be kept on the ventilator, and it may be taken away anyway? Is there any circumstance in which you believe a person has the right to live? Nevermind. You've answered that over the course of your posting history.
Reminder to ping the list for action.
THANKS! Totally forgot. Here goes:
Dear Moral Absolutes listmemebers, there's info up the thread whereby you can make your voice heard, and maybe save a life. The culture of death is being promoted and pushed, and if good people do nothing, we can be counted among those who are actively promoting death.
See what you can do!
If the local authorities by SC law are holding the understanding it's not murder then it necessarily can't be called murder can it? But please. Increase the hyperbole as the situation calls for it.
Is there any circumstance in which you believe a person has the right to live?
Of course there is. Such instances would be if there is no living will in place, the state has set a standard what is life and what isn't (see Scalia's Cruzan decision), or the family acts in such a manner that they don't want the tubes disconnected. As the wife, who lived with her husband for 58 years, may have an understanding the children don't about her husband's wishes, and the state of SC gives her that right, it is her decision. A decision she will have to live with one way or the other. A decision that you won't and therefore is none of your business
The man had a long conversation with his family and his doctor. He stated, in plain English, that he wants to remain on the ventilator. So don't give me that crap about his wife knowing he doesn't. If you have proof that the man is lying, and he really wants to be removed from the ventilator, produce your evidence, or STFU.
I wonder if this man's wife is suffering from dementia or Alzheimers? His children clearly remember what their father wants, living will or no living will. I can't possibly see why someone who has been with his/her spouse for all these years would deliberately go against a spouse's spoken wishes.
Christopher Reeves was on a ventilator, and did quite well expressing his views.
He verbally revoked his living will. See my post to Little Jeremiah. Maybe his wife has health issues and doesn't understand.
"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.
So we're going on feeling again?
If you have proof that the man is lying, and he really wants to be removed from the ventilator, produce your evidence, or STFU.
LOL, temper, temper. Such language....
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.
Chambers was subsequently transported to the hospital where he is now receiving treatment for the pneumonia. Meanwhile, the guardianship battle continues.
Which makes this whole case a non-issue. But don't let that stop you or World Nut Daily from bothering the poor folks in South Carolina from your 'caring' calls (as I see you posted their numbers further up). But as I said earlier, let's just skip the local officials and start ringing the lines in Washington to bother those hacks. Do you want me to post the numbers or do you have them memorized by heart?
Uh-oh, wait a minute. Breaking news just coming in.....
Her suit detailed a nightmare incident at 1 a.m. the following day in which Mrs. Hubbard allegedly was "dragged out of bed attired in a nightgown" by Hubbard, DeMille and Dressler.
"By use of threats, strangulation, torture and false promises to return her child," the suit said "they carried and kidnapped her to Yuma, Arizona."
Hubbard is still in Yuma and the child-"if alive"-is in hiding under an assumed name in West Los Angeles, Mrs. Hubbard charged.
Dianetics Author Crazy, Wife Charges
The crackpot L. Ron Hubbard was in Yuma!! Granted it was in 1951 but maybe 'they' got to Mrs. Chambers later...LOL!!
Did you forget to take your medications again? What are you babbling about? Are you doing that intentionally, to avoid discussing the facts? The fact remains, he wants to live. Why are you opposed to that?
I thought I'd throw in a Scientology jab as some apparently think the state of Florida is practically run by Scientologists.
"Terri tried to cry out "I want to live" and they yanked her tubes anyway. "
Either you are joking or making things up.
This is a classic example of the slippery slope. People will be killed against their will; it is inevitable.
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