The laws of all but ten states may allow doctors and hospitals to disregard advance directives when they call for treatment, food, or fluids, according to a report issued by the NRLC Robert Powell Center for Medical Ethics April 15, 2005.
In the wake of the Terri Schiavo case, authorities have urged Americans to complete advance directives, like living wills, to state in which circumstances they would want medical treatment, food, and fluids if they become incapable of making these decisions. However, the Powell Center report charges that, increasingly, health care providers who consider a patient’s “quality of life” too low are defying these directives to deny treatment against patient and family wishes.
A national Polling Company poll conducted April 8-11, 2005 (n 500; m/e 4.5%) shows 76 % of those told “A seriously ill patient has indicated they want food and fluids but the doctor thinks the patient’s quality of life too low” say the patient should be able to receive food and fluids. Only 14% felt the doctor should be allowed to withhold them. Their position was similar concerning a patient who wants “life support” when the doctor says quality of life is too low: by 77% to 14%, the patient’s view should prevail.
Dorothy Timbs, J.D., Legislative Counsel for the Powell Center for Medical Ethics, said, “We believe most Americans will be deeply disturbed that four-fifths of the states do not clearly protect their right to choose food, fluids, or life-preserving medical treatment. It is important to fill out an advance directive like the Will to Live available on our website, here, to make your wish not to be denied food or treatment clear. However, it is equally important to work for legal reform so that your choice for life will be honored.”
Links
Download full report: Will Your Advance Directive Be Followed? click here for report
Statement of Bob Schindler, Jr. here
Download chart of state laws here
Download poll result graphs here
Statement of Dorothy Timbs, J.D. here
Report Credit: National Right to Life Committee 512 10th St. NW - Washington, DC 20004 (202) 626-8800 NRLC@nrlc.org
http://www.terrisfight.org/press/041605nrlc.html
STATEMENT OF BOB SCHINDLER, JR.
In light of my sister’s recent death by dehydration, experts have been urging people to sign advance directives. The implication is that this legal document will protect you from experiencing a horrific death such as Terri’s. However, I think that most Americans will be shocked to learn that this is not necessarily true.
Under the current law in most states, even if you clearly specify that you do not want to be starved to death, a doctor or a hospital doesn’t have to give you the food and fluids that you’ve asked for. Even if you have filled out a legal document choosing food and water, a hospital ethics committee can say that your “quality of life” doesn’t measure up to their standards, and you will slowly die against your will.
My family has personally experienced how biased the medical and legal systems can be toward people with disabilities, targeting people like Terri to hasten their deaths.
Although it is important to sign an advance directive to make clear that you want food and water, evidently, that is not enough. We must also work to change the laws so that those wishes will be respected.
http://nrlc.org/euthanasia/willtolive/BobSchindlerjrstatement.html