December 09, 2003

I'm very much in favor of the so-called right to die. If I was suffering from a painful terminal illness, I'd almost certainly seek to die before the pain became overwhelming. I'm not the only one who feels this way, hence the doctor-assisted suicide legislation in several states (law, however, only in the state of Oregon at this time).

I also have no desire to live in a permanently unconscious state where I have been declared brain dead, or where my brain function is so low that a respirator is needed to keep me alive. I feel strongly enough abut it that I have a living will to that effect. But also in my living will is a caveat: If I'm breathing and my heart is beating without assistance, any nutritional aids are to be kept in place. Where there remains some brain function, there remains hope of recovery, however slim the hope might be and however limited the eventual recovery could prove.

And that brings me to the unutterably said case of Terri Schindler-Schiavo. Though breathing on her own as well as maintaining a heartbeat and her body temperature, she needs a tube in her stomach to receive fluids and nutrition. Her husband has fought in court for years to have the tube removed. He was finally successful in October and, over strong objections from Terri's family and friends, the tube was removed. After six days, action taken by Florida Governor Jeb Bush and the Florida State Legislature resulted in the tube being restored. But the fight continues both in and out of court with Terri's husband demanding she be "allowed" to die, and Terri's family pleading that she be permitted to live.

Both sides insist that both the law and morality is on their side. Her husband maintains she's a "vegetable" who will never recover true consciousness. Terri's parents say she already has. Mr. Schiavo says Terri once told him she wouldn't want to live as she is now and that she deserves to die with dignity (for the record, the Association of American Physicians and Surgeons has publicly stated this case is not a death with dignity issue). Her parents say she never mentioned that to them, and they maintain her husband never said anything about it either, until a large medical award was given to Terri and her husband as guardian.

Several doctors agree with Mr. Schiavo, saying that it is their opinion that Terri is unresponsive and lacks the capacity for communication at any level. Other doctors disagree, and even suggest that Terri could regain some function if she receives therapy (her husband has forbidden any therapeutic efforts).

Just prior to the removal of the feeding tube, Terri's parent's begged for a little extra time so that they could have the opportunity to teach Terri to swallow on her own. There's some evidence that she could, indeed, learn to do so. She doesn't drool, which means she still has at least some ability to swallow without choking. Her husband refused.

There are also some questions, at least in the minds of Terri's supporters, as to the cause of her disability. Everyone agrees that Terri suffered a serious lack of oxygen to her brain which caused the brain damage. Her husband, and some doctors, say she had a sudden heart attack as the result of a potassium imbalance (the large medical settlement the Schiavos received was due to the failure of physicians to diagnose the imbalance before Terri's ultimate collapse). But others claim that there were marks on Terri's neck observed when she was rushed to the hospital, as well as the results of some medical tests that some believe prove that somebody tried to kill Terri. A few go the next step further and whisper that that somebody was Terri's own husband.

Whatever the cause, the facts remain that oxygen deprivation led to brain damage, and that damage is permanent. Terri will never fully recover. But some continue to say that Terri could improve, and there is some evidence that they may be right. Despite an order prohibiting them from doing so, members of Terri's family managed to videotape some of their visits with her. On those tapes, Terri smiles when her mother comes in the room. She obeys a doctor's command to open her eyes as wide as she can. Her eyes follow moving objects. Heart rendingly, family members say that they told Terri before the tube was removed that she was about to be killed, and they claim she apparently panicked and tried to get out of her chair. Doctors working for Terri's husband say that all of these things are only reflex actions.

I'm not a medical professional, but those videos are extraordinary. A close friend of mine who has worked with people having conditions similar to Terri's agrees with me. In her words, there's no doubt that "she's in there." While it's not surprising that Mr. Schiavo could find a few doctors to testify the way they have (medical science is inexact, after all, and paid witnesses not necessarily reliable), it's shocking to me that judges have disregarded testimony on the other side of the issue, particularly when their opinion is so bolstered by the videos.

Terri's family and friends continue to fight for her life as well as to celebrate it. Terri's 40th birthday on December 3 has been cause to collect emails and prayers as well as hundreds of cards and small gifts. Meanwhile, Terri's husband is suing to have "Terri's Law" declared unconstitutional. His lawyers say the law violates Terri's rights. The State of Florida says that, on the contrary, the law is protecting Terri's rights.

While Terri Schindler-Schiavo committed no crime, she remains on what is essentially death row as judges and lawyers continue to manipulate the word of the law to save or condemn her. Meanwhile, it's becoming more and more clear that Terri's life is inconvenient for her husband. He refuses to divorce her because he would lose guardianship, but he is living with a woman he calls his fianceÈ who has had one child with him and is pregnant with another. The settlement money is being spent on Terri's care (such as it is, without therapy), but if Terri were to die, her guardian would get whatever remains.

Terri's parents have asked that Mr. Schiavo divorce their daughter. They have told him to keep the settlement money, and that they'll happily bear the burden of medical expenses. He has refused. He has also forbidden them to freely visit with their own child or to be given medical updates as to her condition. Michael Schiavo is exhibiting a great deal of zealousness to carry out the alleged wishes of a woman he threatened to leave if she gained weight . There's almost certainly more to this story than any of us will ever know.

I do believe in death with dignity. But I do not believe that a life, limited by injury or illness, is necessarily an indignity in and of itself. I do believe that quality of life is more important than the quantity of life remaining. But the ability to appreciate the company of others, and to experience sufficient joy to smile, is indicative of quality. I do believe in the right to die if a person so chooses to skip a week or two (or more) of pain you and I can't even imagine. But the only pain Terri Schindler-Schiavo has experienced lately has involved those six days off the feeding tube where she began to dehydrate to death.

It remains to be seen how the courts will finally decide in this case. But whatever each of us believes is the right thing to do under the most extreme of circumstances, we all have a personally vested interest in what happens next to Terri. That's because her situation isn't extreme. In fact, it falls considerably short of extreme. And if Terri dies of anything other than natural causes, the line will be moved that much closer to where each of us already lives. Will profoundly retarded children be the next we choose to have "die with dignity?" How about the elderly who suffer from Alzheimer's or dementia? And where, precisely, will the line be when it's our turn to be affected by it?

Lady Liberty is a pro-freedom activist currently residing in the Midwest. More of her writings and other political and educational information is available on her web site, Lady Liberty's Constitution Clearing House. E-mail Lady Liberty at ladylibrty@ladylibrty.com

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