The case of Michael Martin, a 41-year-old Michigan man who suffered head injuries as a result of a 1987 car-train accident, is currently before the Michigan Court of Appeals. Oral arguments are scheduled for 5/6/93.
Mary Martin, his wife and legal guardian who has been in contact with the Hemlock Society, wants to have his food and fluids (provided by gastrostomy tube) withdrawn.
The fact that Michael currently expresses the wish to live was ruled irrelevant by the judge because of Michael's "impaired condition."
Yet Michael has been assessed as a level five on the Los Amigos Ranchos scale, a scale used by rehabilitation doctors to assess a patient's improvement. A level five means that the patient is interactive and ready for intensive rehabilitation. Court testimony also indicated that Michael has an I.Q. (after the accident) ranging from between 61-73 -- the range for someone mildly retarded.
Following the Court of Appeals' remand order, probate Court Judge George A. Grieg changed his original ruling and agreed to allow Mary to order the removal of her husband's feeding tube. That ruling was then affirmed by the Court of Appeals.
Michael, who is alert, plays card games, watches TV, loves country-western music, and appears content in his current nursing home, recently spelled out "Afraid" on his alphabet board. When the speech therapist asked him, "Are you afraid of somebody?" Michael shook his head no. "Are you afraid for somebody?" asked the therapist. Michael nodded yes. The therapist queried whether Michael was afraid for the nurses, aides, or his roommate. Michael indicated no. Was he afraid that someone would remove him from the nursing home? Yes.
Did not Mary lose this case?