Blog Bonanza: Montana and Assisted Suicide

Last week, this blog devoted some space to the oral arguments held at the Montana Supreme Court over a lower court’s finding of a “constitutional right” to assisted suicide for “terminally ill” people.

Since then, there has been surprisingly little discussion about the decision being awaited in Montana. Nevertheless, some people have been moved to write on the topic and I want to highlight them here today.

William Peace at Bad Cripple wrote about it in “Montana, Suicide and Disability“:

(excerpt)

If you accept the premise that more people prefer death to a life with disability then Montana is not a place to live. Here I refer to anyone who has a disability or lacks human dignity. The New York Times, Wall Street Journal and other national news outlets are reporting about the Bill Baxter case. For those unfamiliar with Baxter he died of cancer and fought not to live but die with the help of his doctor. Montana’s highest court will decide this week if Mr. Baxter’s claim a doctor’s refusal to help him die violated his rights under the Montana’s State Constitution. This would be an interesting legal question if lives were not at stake. If Baxter’s position is upheld Montana would become the first state to declare an assisted death to be a constitutional right. Montana’s constitution holds that “the dignity of the human being is inviolable”. I can only assume not all humans are perceived in the same light. Among those that come to mind are those with a chronic illness, the elderly and people with a disability. I suppose the court like the rest of society sees some people as not fully human and thereby lack dignity. Much of course depends upon on what defines us as human and dignified. I consider myself to be fully human. I would also like to believe I have a certain amount of dignity. Much to my chagrin, many strangers that see me go by do not consider me fully human and certainly not dignified. A few have told me directly “I would rather be dead than in a wheelchair”.

Michael Kirsch, M.D. at MD Whistleblower shared his thoughts in “Physician-assisted Suicide: Constitutional Right or Just Plain Wrong?:

(excerpt)
Physician-assisted suicide is wrong and no court decision can make it right.

I expect some to claim that my categorical view against this practice is callous and dogmatic. I reject these arguments. There are some moral lines that simply must not be violated. The medical profession is sworn to relieve suffering and to comfort those who cannot be healed. This is our mission. Our patients trust us with preserving and protecting their lives. If we were to hasten or cause death, regardless of the motive, we squander this trust and sacrifice the essence of what it means to be doctors. It would change how we physicians view our own profession and would certainly change how society view us. Euthanasia would conspire with overzealous organ procurement in intensive care units and nursing homes as forces that distort how we view these human beings. If physician-assisted suicide were to become accepted, then it will inevitably enter the minds of physicians, nurses and family members who are caring for dying, or even chronically ill patients. Once this becomes an option, then it becomes legitimatized. It’s easy and frightening to extrapolate where this could lead us. The medical profession must remain guardians of life, not expediters of death. We need to keep our mission pure.

Finally, Kevin Yuill shared some of his own analysis on Spiked Online in “Assisted suicide: the real slippery slope“:

(excerpt)

In some ways, what happens in this state will have little impact beyond its borders. Just one million people live in this huge territory, which is nearly one-and-a-half times the size of the British Isles. But the implications of the outcome of this case, of course, do not end with Montana. If successful, which both sides admit looks likely, the plea for a right to a death with dignity will make the restrictions contained in the Oregon, Washington and the proposed British legislation – that the recipient of a physician-assisted suicide must suffer from a terminal illness and have less than six months to live – irrelevant.

These three individuals come from distinct perspectives. Bill Peace is a disability activist and anthropologist. Michael Kirsch is a practicing physician with some significant fears about some of the directions that medicine may be heading. Kevin Yuill is a professed liberal who teaches American studies in the UK.

For all their differences, there is significant overlap in their respective analyses – I hope people go read what these individuals have to say. –Stephen Drake

Oklahoma: Reporter labels an attempted murder as “failed mercy killing”

I don’t know if there are any journalistic guidelines for using the term “mercy killing” or if reporters just make it up as they go along.

A story out today marks one of the more outlandish uses of the term that I’ve seen in the press. Writing on Newsok.com, the website of the Oklahoman, Nola N. Clay reports on the apparent plea bargain and sentencing of Thomas Wayne Garrett, who attempted to shoot his wife to death last December. The title of the news story is “Midwest city man gets 20 years in failed mercy kill”:

A Midwest City man has been sentenced to 20 years in prison for shooting his longtime ailing wife in a failed attempt at a mercy killing.

Thomas Wayne Garrett, 60, pleaded guilty Thursday to assault and firearm possession during a felony.

He admitted shooting his wife, Cynthia Garrett, on Dec. 9 after picking her up from the hospital. He told police she had been very ill and suffers from several chronic diseases. The two have been married more than 30 years.

“He said that he wanted to kill her and put her out of her misery,” police reported.

He also told police they had been evicted from their house but he had not told his wife because he had not wanted to burden her while she was in the hospital, police reported.

He shot her while pretending to drive her to their home.

So let’s get this straight – While he told the police his wife was ill and suffering, it also turns out that they’d been evicted from their house and that he hadn’t told her. He also didn’t ask her if she wanted to be killed – this was his decision.

So – what are the rules and rationale for using the term “mercy killing?”

If the perpetrator gives that as his or her motivation, is that both necessary and sufficient?
Is there any way to call it plain old “murder” if the perp claims mercy and the victim is old, ill or disabled?

How do reporters figure these things out?

With reporting like this, imagine if Garrett’s murder attempt had been successful. Without the testimony of his wife – who didn’t want to be killed – his claim of “mercy” just might have gotten him a lighter sentence than the attempt to kill her did.

BTW, this case is fairly typical of elderly men killing female partners according to the research done by Donna Cohen, which is quoted and described in this blog entry. –Stephen Drake

Belated blog recommendation: “My life is unbearable – don’t fix it, just kill me,” by Clair Lewis

I’m still catching up with news and posts that came out during my unplanned hiatus. Last week, the Heresy Corner published a guest blog entry by Clair Lewis, a prominent disability rights activist in the UK.

Below is the intro to “My life is unbearable – don’t fix it, just kill me“:

Care staff had to help me out of bed this morning. It happens increasingly often these days, as my incurable disease and my unfit body’s slow ageing makes its mark. Some mornings, being lifted hurts so much I cry. It’s only a matter of time before I end up wet in bed and need a commode and then a nappy. I regularly tip coffee down myself in the mornings because I can’t hold a mug, and I still can’t type properly because it takes two hours for my hands to warm up. I am only 36.

I’m pretty lucky actually. I am reminded almost every year by a social care manager that if I was childless I wouldn’t qualify for care at all – in which case I’d be lying here alone with a bladder full to bursting, paralysed by pain and stiffness. Instead of writing and drinking coffee, I’d be trying to work out how to make it to the toilet before I wee. My life, what there was of it, would be pretty unbearable.

Nobody wants me to suffer. I don’t want to suffer. My friends and colleagues don’t want me to suffer. Neither do my doctors, my care manager, either of my beautiful girlfriends, or my three wonderful kids. If I died tomorrow, it would indeed end my suffering. If I said I wanted to commit suicide when it all gets too much, many people would support me and think the state should do it for me. If I said I wanted to die, would you rage at the state for not offering me a final solution?

Please read the rest of this essay by Clair Lewis at the Heresy Corner.

NY Times: Montana Court to Rule on Assisted Suicide Case (NDY Quoted)

Tomorrow (Sept. 2, 2009) the Montana Supreme Court will hear oral arguments in the Montana Attorney General’s challenge of a lower court ruling that defined assisted suicide as a “right.”

Today’s edition of the New York Times contains a fairly good account of the stakes – and stakeholders – in the current legal battle in Montana. Kudos to reporter Kirk Johnson for going beyond the “usual suspects” and giving a richer picture of the players and arguments in play against legalization of assisted suicide:

Some people speaking out about the case, like Bob Liston, are also expressing sentiments that one might not expect.

Mr. Liston, 54, a research associate at the University of Montana who has spent most of the last 40 years in a wheelchair because of an auto accident, has been a passionate advocate for the disabled in arguing for autonomy and respect.

But this time he is arguing just as passionately on the other side, contending that aid in dying could backfire on people with debilitating conditions, leading not to more autonomy, but less. Mr. Liston, an organizer for a national disability-rights group called Not Dead Yet, said he envisioned people like himself being nudged toward life-ending choices by their doctors or families, out of compassion or perhaps convenience.

“People with disabilities don’t get to live with dignity, let alone die with dignity,” he said.

Other opponents of a “right to die well,” as some are calling the argument made by Mr. Baxter and the group of physicians who joined him as plaintiffs, say that rural Montanans could be left out, too.

In places like Scobey, in the state’s far northeast corner, where Julie French lives, the population density is about one person per square mile. Minimal health care is hours away.

“Before we deal with assisted suicide, we should make sure first and foremost that everybody has equal access,” said Ms. French, a Democratic state legislator who opposes an expansion of death rights. “It is not simply whether everyone has a right to choose; it’s whether they are given all the choices.”

More news as it develops over the coming days, weeks and months…

Robert Schindler, Father of Terri Schiavo, Has Passed Away

Most of our regular readers will know this already from other sources – I’ve been busy with other issues that have kept me offline for a couple of weeks.

Last week, Robert Schindler passed away at the age of 71.

Our thoughts are with the Schindler family and we are all saddened by their loss.

Here is the statement issued by Bobby Schindler, including instructions for sending your support and condolences:

Statement from Bobby Schindler Regarding the Death of
His Father, Robert Schindler

For Immediate Release
August 29, 2009

Media Contact:
Chris Tatum
(615) 275-6161
chris@anewpr.com

Statement from Bobby Schindler Regarding the Death of
His Father, Robert Schindler

I am heartbroken over the loss of my father and yet I know at this moment he is rejoicing with my sister, Terri. My dad was a man of integrity, character and compassion who was blessed with a close and loving family. He taught all three of his children to respect and value life and to love our fellow man.

Even at the height of the battle to save my sister Terri’s life, when his patience and temperance was near exhaustion, he managed to display a gentleness of spirit. Yet it was his unfathomable strength that allowed him to shoulder up his own heartache and lead us through our darkest hour.

What greater legacy could a man leave behind?

—————————–

A Mass of Christian burial with visitation preceding will be scheduled to take place in Philadelphia, PA. Times and location will be announced at a later date.

In lieu of flowers, memorials may be made to the Terri Schindler Schiavo Foundation, 5562 Central Avenue, Suite 2, Saint Petersburg, FL 33707, phone 727-490-7603.