SmarterThanYou,
Without legal documentation regarding Terri Schiavo's wishes, this case hangs in the balance between her family, who have medical doctors who have examined Terri and state that with heavy rehabilitation she could make amazing strides (obviously, these doctors are on the parents side, yes, but they are doctors nonetheless) and her husband, who has not put as much money into her rehabilitation as he had the means to do so because he felt that she would not want to live this way and instead, put her rehabilitation money into court and legal procedings.
The problem with the ruling progressing in the manner in which you would like it to, is that it has effectively said, "As long as you say to at least two family members, 'Sheesh, I wouldn't want to live like that.' when discussing someone in a wheelchair, in a vegetative state, in a coma, without a leg, etc. the court now has legal precedent to rule that you obviously would want to be killed in any number of situations rather than have money invested in rehabilitation to see what kind of quality of life you could get back.
A girl in my highschool was in a very similar state as Terri Shiavo following a car accident our senior year. Last year, over 5 years after the accident, she got married and now has a child. She speaks a little slower and walks with a limp...but considering her first doctor informed her mother that she would never be able to speak, walk, talk, or interact with people in a meaningful way ever again....I'd say that her husband, child, and family, are ok with the fact that she walks a bit slower.
Am I saying that the cases are identical? No, of course not. Am I saying that I believe that Terri Shiavo could have returned to a "normal" existence with the "right" type of rehab? No.
What I AM saying is that sometimes it is very important to look at precedent. I have stated numerous times, to my husband and my family, that I would not want to live in a persistent vegetative state. However, unless I have it writtten down, actually have a legal written document that states the conditions under which I no longer wish to be kept alive...then Terri Shiavo's case will do much to put me in a dangerous situation...will my husband believe that if I am in a car accident and in a condition like the girl from my high school that THAT is what I meant when I said "I don't want to live like that?" If he and my parents both heard it....a court, especially after Terri Shiavo has been starved to death, would be more willing to say that letting me die would be alright...when, with a bit of rehab, I might have recovered, not completely, but enough.
This case is tragic, for everyone involved. But it is important that we as a society, not make a decision that we will regret later on. Perhaps this is the time, the case, to say..."NO LEGAL DOCUMENTATION...NO LEGAL CESSATION OF LIFE."
Afterall, what if the people who claim to have heard Terri talk about wanting to die are wrong??? What if she didn't mean she wanted to die if it meant starvation? What if she didn't mean, I don't want to live like that if rehab doesn't work...
So many people are fighting for the lives of death row inmates...they scream that these people do not deserve to die because perhaps a mistake was made...perhaps a jury of their peers was wrong. Perhaps, down the road...we will find evidence that exonerates them....yet so many of these same people find nothing wrong with starving a woman to death when the circumstances surrounding HER situation are HIGHLY unusual and suspicious: some doctors claiming she can be rehabilitated to some degree, others saying it is beyond hope, her husband has behaved suspiciously - not allowing parental visits, outside doctors, medical checkups, proper rehab, etc.
Legally, we are in a precarious situation and must tread lightly....I understand that you would want to do what was in your wife's wishes, every spouse would want to do what their partner felt was right for them...but without legal documentation of the fact...the government should be, in my opinion, hard pressed to allow a husband to starve his wife to death.
p.s. The nonsense about living wills and statements regarding health care procedures being "signed under duress" is just that, nonsense. Our legal system already has procedures in place for dealing with claims regarding fradulent contracts, contracts or statements regarding medical care would be handled in very much the same way.
The argument against requiring written documentation is a bit like saying, "The police are out there...but there is still crime....so we should fire all the policemen and have no laws whatsoever because its obviously not working." Just because one or two sick bastards might attempt to force their spouses into signing things they do not want to sign, does not mean that overall, a system that says, you must put your extreme medical care wishes in writing does not alleviate MANY of the issues discussed in this case.
