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Can you safely
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Could you be signing your death warrant? |
By Kara Lane
Imagine that while driving on an interstate highway, the intoxicated driver behind you suddenly thrusts your car into a collidsion with on-coming vehcles. You are unconscious, 60 years old, have no medical insurance and the driver is uninsured. Emergency Room doctors determine that you wil need extensive, expensive surgery, treatment and hospitalization to restore your abilities to independently function.
Hospital staff contacts your family, They will ask whether you have executed a living will declaring your refusal of life-sustaining treatment in the event you are unable to speak for yourself. What verbalized or unspoken factors will influence your physician's and family's decisions -- your age, your resources for paying for treatment, the predicted quality of your life, the burdens of caring for you, or more sinister motives as inheriting your property or collecting your life insurance ? Will the physician fully disclose treatment options with your relatives, when he knows that neither you nor they have resources to pay for treatment?
People who fail to ponder these questions when they elect other people to make life or death decisions for them may be playing a lethal game of medical Russian Roulett. These are among the myriad concerns raised by organizations rallying against liberalization of right-to-die legislation.
ECONOMICS AND POLITICS: "CHOOSING BETWEEN THE DISASTEROUS AND THE UNPALATABLE"
Economist John Kenneth Galbraith's definition
of politics is that "It consists in choosing between the disasterous
and the unpalatable". We have been taught to value human health
and life as sacred. Technological advances are increasing
the length of our lives.
Health care issues, concerning the increasing
proportion of elderly and uninsured, are at the pinnacle of current
political debates,
On the other hand, taxpayers are resisting the mounting burdens of financing healthcare for the indigent. Health care professionals are wary of becoming defendants in malpractice lawsuits if they deny life and health sustaining treatment. Hence, policy makers are caught in a crossfire of conflicting interests. Albeit unpalatable , the current solution for balancing these conflicing demands is to "allow" people to "elect" to die.
My position is that older Americans should not be sacrificed for economic and political harmony. Instead, healthcare costs should be cut by preserving health, by reducing incidents of preventable deprivation-caused diseases resulting from pervaisive ageism and age barriers to employment.
YOUR RIGHTS TO CONSENT TO EUTHANASIA
The courts extended the rights of competent people to refuse medical treatment to persons who are unable to speak for themselves. Required is evidence of the persons' consent. Acceptable evidence may be in two forms: (1) Living Wills or Advance Directives, whereby competent individuals have left instructions about their refusal of life-sustaining treatment or(2) Durable Power Of Attorneys, by designating an agent, a trusted proxy, to decide if their lives should or should not be sustained.
Discordant with the growing moral and legal acceptance
of euthanasia are myriad unresolved questions about the voluntariness of
these decisions. Such questions are raised in a June 1996 article
by the Ohio Right to Life Organization stating. "A massive push is now
under way to ensure that many people with a supposed poor ?qualify of life'
? not only with disabilities that are congenital but also with disabilities
caused by illness or injury ? are ?allowed' to die against their will".
QUESTIONS ABOUT 'VOLUNTARINESS" AND
"QUALITY OF LIFE" DETERMINATIONS
Two pivotal factors -- "voluntariness" and "quality
of life" -- should be explored: How can a normally healthy, adequately
functioning, but medically unsophisticated individual -- based only possible
future circumstances ? give informed consent to end life? Since
informed consent is essential to valid consents for medical treatment for
preserving life, ought it not be equally critical to valid consents
for ending life?
The presumption that a legal document, executed by a legally competent person, is in itself proof of the prerequisite informed consent shuts out questions of social or family pressures resulting in a conceived duty to consent.
Also eluded is the validity of consents in cases
of misdiagnosed, elderly, sedated, indigent or uninsured patients when
healthcare professionals, guided by economic priorities, short circuit
discussions of available treatment options by focusing on exaggerated grim
prognoses of their patients' conditions.
Numerous malpractice law suits have made
hospitals and doctors constantly on guard.
Dead people can't sue, but their
living relatives are costing hospitals and doctors trillions of dollars
in legal fees, settlements, damage awards. and skyrocketing malpractice
insurance premiums. Conceivably, doctors can substantially
lower their risks of costly law suits by tayloring diagnoses
to plausibly fit poor quality of life prognoses -- the required
justification for euthanasia.
At The Medical Center of Central Georgia, the hospital that serves the poor, the employee reported that an administrator brings living will forms to patients' rooms and assists them in completing them. When we consider the probable states of mind of many of these newly admitted, anxious, sick or injured people, whose neruological systems may be numbed by sedatives and pain killers, the opportunities for abuse are frightening.
Health care professionals know that if they euthanize patients in defiance of their relatives' objections or without consent of the patients, they would be inviting wrongful death suits, even murder charges. They must be sure that there can be no provable evidence of disagreement by the patients or among family members.
Doctors, hospital spokespeople, elected officials and judges are unlikely to publically endorse euthanasia as a means of disposing of indigent patients or of covering up physician or hospital staff blunders. The patients' consent and legally valid reasons must support these decisions. In an inestimable number of cases, questions of whether the consents are truly volunatary or whether the justifications reflect purely medical and compassionate concerns may never be answered.
Nevertheless, armed with euthanasia consents
of their patients, free of objections from relatives,
errant hospital CEOs and doctors may comfidently dispatch their liability
along with their patients to the morgue -- supposedly in compliance with
their patients' wishes.
Indeed we are sliding on an increasingly slippery
slope.
SUGGESTED COUNTER MEASURES
1. The safest courseis to refuse to sign living wills, and to inform as many people as possible when you expect to be or have been admitted to a hospital. A predictably effective way to handle hospital staff , who bring these forms into patients' rooms, is to SHOUT " Go away you are wasting your time, I will not consent to being euthanized.".
2. Demand that your
life be preserved and to be availed of all treatment options for restoring
abilities to function, regardless of your ability to pay for them.
Make this
known to as many people as possible,
including your doctor and hospital.
3. Include your desire that any person or organization that can prove medical malpractice in your case be given standing to sue involved parties in your behalf, whether they are related to you or not. I would also state the percentage of monetary awards of your case to which they would be entitled if you are alive or dead,
DISCLAIMER
This article is intended only
as general information,
and should not be considered
legal advice for any specific case. For
legal advice about your specific
situation, you should consult an attorney.
INVOLUNTARY
EUTHANASIA
By O'Sheen, Daid N. Ph.d,
Balch, Burke J. J.D.,
Ohio Right To Life Organization,
June 5, 1996
http://www.ohiolife.org/
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