Log-In Email:    Password:    
  Remember me
Register  |  Forgot Password?  |  Change Password  |  Update Email
The Legacy of Terri Schiavo
From the April 11, 2005 issue: What we can do so this won't happen again.
by Wesley J. Smith
04/11/2005, Volume 010, Issue 28

Increase Font Size

 | 

Printer-Friendly

 | 

Email a Friend

 | 

Respond to this article



TERRI SCHIAVO IS DEAD. But her death by dehydration last week need not be in vain. Great good can still come from the harsh, two week ordeal she--and to a lesser extent, we--were forced to undergo by court order.

Terri's story generated a torrent of compassion. (The root meaning of compassion is to "suffer with," which is precisely what her legions of supporters did.) Hundreds of thousands of people who had never participated before in a major public event engaged untiringly in advocating for the sanctity and equal moral worth of the life of Terri Schiavo. And these many supporters were not, as the mainstream media took great glee in portraying, limited to the Randall Terry brand of religious activist or to orthodox Catholics. To the contrary, notables of the secular and religious left--Ralph Nader, Jesse Jackson, Nat Hentoff--joined in solidarity with their usual conservative opponents, such as President George W. Bush, Senator Bill Frist, and Rush Limbaugh, to declare that Terri should live.

This suggests that deep political divisions can be overcome, at least for a time, in pursuit of a public morality that was sorely missing in the Terri Schiavo saga. Indeed, if Terri's supporters channel their passion into productive democratic reform, we can almost surely prevent future such miscarriages of justice.

What would such reforms look like? While great care should be taken in this important matter, here are a few initial suggestions:

* First, as it is the law of the land to prevent discrimination against disabled people via the Americans
with Disabilities Act (ADA), then surely these protections should apply explicitly where they are needed most desperately, in medical situations where discrimination can have lethal consequences. Obviously, legislation would have to be carefully worded to prevent overreaching and unintended consequences. But disabled people need to be able to enter hospitals and other medical institutions secure in the knowledge that the law requires their lives be just as valued and protected as those of patients who are not disabled. As matters stand now, some disabled people fear hospitalization precisely because they worry that their lives will be judged as being of insufficient quality to be sustained. The Terri Schiavo case exacerbates those fears.

* States need to review their laws of informed consent and refusal of medical treatment to ensure that casual conversations--the basis for Terri's death order--are never again deemed to be the legal equivalent of a well-thought-out, written advance medical directive. We don't permit the property of the deceased to be distributed based on their oral statements; surely human lives deserve as much protection.

* If people don't want feeding tubes if they become profoundly incapacitated, the law permits them to refuse such care. That isn't going to change. But if that is their desire, they have the responsibility to make sure that such wishes are put in a legally binding document. Absent that, the law should require the courts in contested cases to give every reasonable benefit of the doubt to sustaining life and not causing death by dehydration.

* Along these lines, our laws should be more nuanced. When people claim they would want the "plug pulled," many are worrying about being tethered to beeping machines in sterile intensive care units, not expressing a desire to be slowly dehydrated to death over 10-14 days. In the face of this potential misapprehension, we should create a distinction in law between food and water supplied through a tube and other forms of medical care. Withholding a respirator or antibiotics can lead to uncertain results. Take away anyone's food and water and they will die.



CONTINUED
1 2  Next >
Print This Article





 



Search   Subscribe   Subscribers Only   FAQ   Advertise   Store   Newsletter
Contact   About Us   Site Map   Privacy Policy