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Terri Schiavo: Judicial Murder by Nat Hentoff
If you haven’t read it yet, check out Nat Hentoff’s piece.
She is not brain-dead or comatose, and breathes naturally on her own. Although brain-damaged, she is not in a persistent vegetative state, according to an increasing number of radiologists and neurologists.
Among many other violations of her due process rights, Terri Schiavo has never been allowed by the primary judge in her case—Florida Circuit Judge George Greer, whose conclusions have been robotically upheld by all the courts above him—to have her own lawyer represent her.
Greer has declared Terri Schiavo to be in a persistent vegetative state, but he has never gone to see her. His eyesight is very poor, but surely he could have visited her along with another member of his staff. Unlike people in a persistent vegetative state, Terri Schiavo is indeed responsive beyond mere reflexes.
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Michael Schiavo, who says he loves and continues to be devoted to Terri, has provided no therapy or rehabilitation for his wife (the legal one) since 1993. He did have her tested for a time, but stopped all testing in 1993.
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Terri Schiavo has never had an MRI or a PET scan, nor a thorough neurological examination.
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Frist added: “The attorneys for Terri’s parents have submitted 33 affidavits from doctors and other medical professionals,all of whom say that Terri should be re-evaluated.”
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As an atheist, I cannot speak to what he describes as his abandoned wife’s ultimate destination, but I can tell how Wesley Smith (consultant to the Center for Bioethics and Culture)—whom I often consult on these bitterly controversial cases because of his carefully researched books and articles—describes death by dehydration.
In his book Forced Exit (Times Books), Wesley quotes neurologist William Burke: “A conscious person would feel it [dehydration] just as you and I would. . . . Their skin cracks, their tongue cracks, their lips crack. They may have nosebleeds because of the drying of the mucous membranes, and heaving and vomiting might ensue because of the drying out of the stomach lining.
“They feel the pangs of hunger and thirst. Imagine going one day without a glass of water! . . . It is an extremely agonizing death.”
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Contrary to what you’ve read and seen in most of the media, due process has been lethally absent in Terri Schiavo’s long merciless journey through the American court system.
“As to legal concerns,” writes William Anderson—a senior psychiatrist at Massachusetts General Hospital and a lecturer at Harvard University—”a guardian may refuse any medical treatment, but drinking water is not such a procedure. It is not within the power of a guardian to withhold, and not in the power of a rational court to prohibit.”
And check out this column from Friday by Joe Ford in the Harvard Crimson.
The reason for this public support of removal from ordinary sustenance, I believe, is not that most people understand or care about Terri Schiavo. Like many others with disabilities, I believe that the American public, to one degree or another, holds that disabled people are better off dead. To put it in a simpler way, many Americans are bigots. A close examination of the facts of the Schiavo case reveals not a case of difficult decisions but a basic test of this country’s decency.
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Essentially, then, we have arrived at the point where we starve people to death because he or she cannot communicate their experiences to us. What is this but sheer egotism? Regardless of one’s religious beliefs, this is obviously an attempt to play God.
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Besides being disabled, Schiavo and I have something important in common, that is, someone attempted to terminate my life by removing my endotracheal tube during resuscitation in my first hour of life. This was a quality-of-life decision: I was simply taking too long to breathe on my own, and the person who pulled the tube believed I would be severely disabled if I lived, since lack of oxygen causes cerebral palsy. (I was saved by my family doctor inserting another tube as quickly as possible.) The point of this is not that I ended up at Harvard and Schiavo did not, as some people would undoubtedly conclude. The point is that society already believes to some degree that it is acceptable to murder disabled people.
Others commenting on these articles include
GOP3
Irish Elk
Graham Lester
UPDATE: Another perspective, via Patterico.
For a libertarian, the crux of the Terri Schiavo case is the woman’s own preferences; and of course, her preferences are a matter of dispute. That’s why, of all the plug-pulling cases in the country, it’s this one that’s become so polarizing: Each side can project its own wishes onto a woman who can’t speak for herself.
http://myopiczeal.blogsome.com/2005/03/29/terri-schiavo-judicial-murder-by-nat-hentoff/trackback/
