By Alan Senh
Contributing Writer
In a bold move, Florida Gov. Jeb Bush recently convinced the Florida state legislature to grant him emergency powers, which would allow the reinsertion of a feeding tube that had been sustaining the life of Terry Schiavo.
After suffering cardiac arrest resulting from a potassium imbalance in her body, Schiavo has remained in a vegetative state for 13 years. Her husband and legal guardian, Michael, contends that she never wanted her life to be sustained this way, while her parents, Bob and Mary Schindler, contend that there is still hope for recovery and have lobbied for intervention by the governor.
Bush, perhaps in an attempt not to be outdone by his older presidential brother who himself sparked controversy for executing too many people in Texas, seems intent on forging new ground by forcibly extending the life of someone who is arguably dead already. I can’t help but wonder: was Bush elected governor of a democratic state, or divinely appointed ruler of the nation of Florida?
Terri’s Law, or 35E, effectively overrides six years of court wrangling, which in the end ultimately upheld Michael Schiavo’s right as spouse to decide whether extensive measures should be taken to sustain a person’s life.
In a matter of a few days, Bush has managed to throw all the “separation of powers” mumbo-jumbo out the window with a law narrowly tailored to the Schiavo case. Legally, this causes a bind because it actually does affect the great number of people who are without living wills. These people are subject to the same decree that they should be put on life support, even in the event of family requests for removal.
Bush’s attempts at micro-managing and perhaps winning notoriety as an advocate for the sickly only throws kinks into a system that was already set in the first place to protect those same people.
Virtually every (with the exception of Alaska) allows the appointment of a health care agent to administer last care instructions in the event that an individual is incapacitated. This health care agent, be it spouse or legal guardian, has already been predetermined to be the person that is most trusted in terms of deciding whether life support should be administered.
While Bob and Mary Schindler have undeniably experienced incredible pain and horror during the past 13 years watching their daughter deteriorate, the hope they hold onto is not warranted anywhere in modern science or medicine.
A glance at the official Web site sponsored by the Schindler family, www.terrisfight.org, is strewn with reports stating that Terri is “doing well” and “responding appropriately to the presence of loved ones.”
While her parents’ hopeful, affectionate attitude is expected, it is highly possible that this activity can be attributed to action in the more primitive parts of the brain, which works to cause facial expressions and the opening and closing of her eyes. There is no visual tracking or sense of awareness. In reality, CAT scans have revealed massive atrophy of the brain, and never in the history of medicine has there been a documented case of an individual recovering from more than a few months in a vegetative state.
Both the Florida legislature and Bush compromised their state’s own legal code and precedent on the basis of a very desperate family, who lacked any evidence or precedent upon which to base any sort of case. Perhaps, then, for the 10,000 to 25,000 individuals currently in a persistent vegetative state within the United States, the issue is not so much whether they should keep fighting, but rather who should have the authority to make the tough decisions based on the odds of recovery.
When a spouse has continued fighting for 13 years hoping against all hope that there will be a recovery — only to continually come up short — reason starts to settle in that the time for closure is now.
The Schiavo case should, at the same time, serve as a wake-up call to everyone else who has never discussed with their loved ones what type of measures should be taken in the event of such a medical emergency. Inform those around you as to what’s best for you and what steps should be taken. The government should not make these life-or-death decisions for you.
Better yet, draft a living will so there will be no debate. Bush has not been able to use his powers to step in and make last minute changes to an individual’s living will — at least not yet.
November 13, 2003