In this specific case, Texas Right to Life director Elizabeth
Graham has presented the story to the public in such a way that it would seem
unnatural for someone NOT to demand that the act be repealed immediately. This
is what I take issue with. Not because I’m against the right to life, but
because this biased outlook ignores other factors that should be considered.
This act has a purpose. While repealing it would satisfy our desire to feel we
are doing the most for a person’s right to live, it would also have
consequences. After all, acts dealing with matters as sensitive as life and
death have been put into place for important reasons.
A more complete look at the story would entail a Houston man identified only as Willie,
who went to the hospital with chest pains. The doctors diagnosed him with
pneumonia and leukemia which he then underwent surgery and chemotherapy to
treat. When a medical panel determined the treatments to be futile, the family
was given an opportunity to find another health care facility that would take Willie
in. When a facility was unable to be found within the 10 days allotted by the
act, life sustaining treatments were ceased for Willie and he then passed from lack
of nutrition and dehydration.
Graham’s pro-life rendering, which is quoted in many
different reports of the story, is a heavily emotional one that stresses the
heart wrenching aspects of it. She claims that the panelists decided that his
life was not worth living and they disregarded the family’s pleas to continue
treatment. It is easy for this issue to seem insensitive when it is looked at on
this up-close personal level, and understandably so. It’s a natural human
reaction to feel compassionate about a fellow human’s life; however we also
need to look at the bigger picture from an objective standpoint.
The Texas Advanced Directive Act is a document explaining
protocols to follow regarding issues such as patients’ medical and life wishes,
who will make medical decisions if the patient is unable to speak for
themselves, and in this case, the procedure to follow if doctors decide
treatment can no longer save the life of the patient. This section is titled Procedure
If Not Effectuating a Directive or Treatment Decision. Briefly, if a doctor feels
that a patient has no chance of a meaningful recovery, he will discuss this
with the patient’s family. If the family does not agree and wants more time,
the doctor can refer the case to an ethics committee (or with a slightly more
negative connotation, a death panel). The family is given a 48 hour notice of
the committee meeting, may attend the meeting, and is afterwards given a
written explanation of the decision that is made. If it is decided to
discontinue treatment, the family is given 10 days to find another health
facility to transfer the patient to. At the end of the 10 days, life sustaining
treatment is discontinued. The details for this section can also be found here.
These decisions are made only when the patient is
terminal and there is no chance of recovery. The only options are to continue
keeping people alive with machines or to withhold treatment. Stories that claim
that doctors deem a person’s life as “not worth living” suggest that the
doctors simply do not want to put in the effort to increase the chances of
survival. If the doctor is at this point, there are no chances of survival left
outside of the hospital. It’s true that continuing life sustaining treatment
when the body cannot recover will extend life, but the body will start to shut
down in other ways, only lowering the quality of life until death comes.
I believe the Texas Advanced directive act should not
be recalled for three reasons. The first of which is what has previously been
stated. Keeping a person alive through medical means when they could not
survive otherwise will only diminish the quality of time that is left. It often
becomes more painful and debilitating and organs and systems shut down or
become out of sync. Operations or other treatments used in response become even
higher risks. Many people who die in hospitals today after trying every
treatment to stay alive are unconscious or are out of touch with the world
because of strong doses of pain relievers. A second reason is that the price of
these treatments that have been deemed by professionals as futile are extremely
costly to the economy and medical field. The Centers for Medicare and Medicaid
Services estimates that 5% of those who die each year take up 30% of the
$446-billion annual Medicare budget. And about 80% of that money is spent
during the final month. This money is spent on mechanical ventilators, resuscitation
and other aggressive care. More often than not, the aggressive steps taken to
save someone’s life are futile. Also, as new treatments and procedures are
developed, they get more and more expensive. As harsh as it sounds to turn a
life and death situation into a financial matter, is it a problem, and a growing
one at that. Something needs to be done to counter it. And finally, the
citizens of the United States do not like to give up on living. There is a distorted
sense of vitality amongst people. Generally, people don’t want to accept mortality
and will do everything to ‘fight’ the ‘battle’ to overcome it. This becomes a
problem when it comes to situations as Willie’s. Death is inevitable. Everyone
knows it, but nobody wants to accept it. With this mindset, focus is put on
unrealistic goals and not comfort and closure. By recalling this act, these
beliefs are reaffirmed within people.
It is most important that people accept death as a
part of life. Nobody wants to lose out on their own time or lose ones they
love, however that isn’t in our control. And trying to take control just isn’t
reasonable. The costs of finances, time, and emotions alike are simply too
high. Doctors who make these decisions
are doing their part to help these patients. They can no longer successfully
treat them and when that is the case, sometimes the best thing to do is for
them to prevent any further harm. Groups such as Texas Right to Life may intend
to help, but stigmatizing policies that are in place to facilitate one of arguably
the most difficult times in life is only damaging.