Back in December
I wrote about the Groningen Protocol linking to an excellent essay by Dr. Bob of
The Doctor is In entitled
The Children Whom Reason Scorns. The Groningen Protocol involves the euthanizing of sick and/or disabled children in the Netherlands upon the judgment of physicians—and without the consent of parents.
Dr. Bob commented on the thinking behind this Protocol :
Euthanasia is the quick fix to man’s ageless struggle with suffering and disease. The Hippocratic Oath – taken in widely varying forms by most physicians at graduation – was originally administered to a minority of physicians in ancient Greece, who swore to prescribe neither euthanasia nor abortion – both common recommendations by healers of the age. The rapid and widespread acceptance of euthanasia in pre-Nazi Germany occurred because it was eminently reasonable and rational. Beaten down by war, economic hardship, and limited resources, logic dictated that those who could not contribute to the betterment of society cease being a drain on its lifeblood. Long before its application to ethnic groups and enemies of the State, it was administered to those who made us most uncomfortable: the mentally ill, the deformed, the retarded, the social misfit. While invariably promoted as a merciful means of terminating suffering, the suffering relieved is far more that of the enabling society than of its victims. “Death with dignity” is the gleaming white shroud on the rotting corpse of societal fear, self-interest and ruthless self-preservation.
Dr. Bob attributes the march to such immorality to several factors including:
The banality of evil: Great evil springs in countless small steps from lesser evil. Jesus Christ was doubtless not the first innocent man Pilate condemned to death; soft porn came before child porn, snuff films, and rape videos; in the childhood of the serial killer lies cruelty to animals. Small evils harden the heart, making greater evil easier, more routine, less chilling. We marvel at the hideousness of the final act, but the descent to depravity is a gentle slope downwards. (Dr. Bob calls this
And:
The false expediency of evil: Solve the problem today, deny any future consequences. We are nearsighted creatures in the extreme, seeing only the benefits of our current actions while dismissing the potential for unknown, disastrous ramifications. When Baby Knauer, an infant with blindness, mental retardation and physical deformities, became the first child euthanized in Germany, who could foresee the horrors of Auschwitz and Dachau? We are blind to the horrendous consequences of our wrong decisions, but see infinite visions of hope for their benefits. As a child I watched television shows touting peaceful nuclear energy as the solution to all the world’s problems, little imagining the fears of the Cuban missile crisis, Chernobyl and Three Mile Island, the minutes before midnight of the Cold War, and the current ogre of nuclear terrorism.
We have two such examples before us now. One involves Terri Schiavo, the other an infant named Sun Hudson.
Many people are writing about Terri Schiavo, including
La Shawn Barber and
The Anchoress. Terri is the victim of a guardian/husband who has long had a conflict of interest in his role as decision-maker making medical decisions regarding his wife—who had no Advance Directives or Living Will. The judge in the case has repeatedly refused to recognize the conflict of interest presented by the fact that the husband has refused from the beginning to use Terri’s money to rehabilitate her and is living with another woman by whom he has children—-and stands to inherit the remainder of the money awarded Terri by a court in a malpractice suit. The judge in the case has wilfully failed to follow the law:
“
Over the years Greer has repeatedly allowed Michael to shirk his legal mandate as guardian to file annual prospective “guardianship plans,” specifying his proposal for providing for Terri’s medical and social needs for the coming year.“
Schiavo wishes for permission to pull Terri’s feeding tube. For an extremely ill person at the end of life, dehydration and starvation is not necessarily painful as appetite wanes near death. However, Terri is not near death from illness. For her, starvation and dehydration will be extremely painful. Despite what the media says,
there is strong evidence that Terry is not in a persistant vegetative state.
Terri is not on life support. She is merely receiving food and water by a tube because her husband would not allow Terri’s money to be spent on therapy for her swallowing issues. Therapy has helped many a person who has undergone a stroke or other medical incidents to regain lost ability to swallow. The fact that one cannot swallow is does not mean that one is incapable of life.
Stephen Hawking has a feeding tube, after all.
Michael Schiavo was never granted Power of Attorney by his wife designating him as the person to decide such life and death issues for her upon her incapacitation. She signed no Advance Directives or Living Wills. We have only the word of a man who lied to a jury. He testifed that he intended to use money awarded her for her rehabilitation (which he never did)—and soon after began to date and procreate with other women. How the Court decided to admit and base decisions upon Schiavo’s hearsay testimony about Terri’s wishes is beyond me. I can think of no definitive or strong exceptions to the Rules of Evidence to support the Judge’s admission of such hearsay testimony under the circumstances. Watching a television show or movie about an incapacitated person and allegedly commenting about not wanting to live like that is not sufficient to find the exception of “excited utterance” and to overcome established and wise rules about hearsay evidence in my opinion.
Thus, here we have the situation where a man, whose own personal interests are clearly contrary to the continued life of his wife, holds her fate in his hands without confirmable directions from the wife allowing him such power.
But—what about the situation where a court or health provider elects to stop treatment of a baby in
contravention of the mother’s wishes?
There is such a situation in Texas as written about by
ArrMatey at Pirate Pundit. The Baby’s name is Sun Hudson. ArrMatey actually interviewed the attorney for the mother and writes about it
here. According to the attorney for the mother, the hospital wants to turn off the baby’s ventilator regardless of the wishes of the mother and went to court for such an order under the “Futile Care” Statutes of Texas. The Court apparently ruled that the Mother had no standing under the law to present evidence regarding the matter—according to her attorney. ArrMatey writes:
Finally before the probate court, the mother was not given the opportunity to call any witnesses or present any evidence in an evidentiary hearing. Instead, the judge ruled that the hospital may discontinue treatment of the child, based on facts not even alleged by the hospital, specifically that the judge believed the child was suffering “significant pain.” According to Caballero, when he asked how the judge had reached that finding of fact without ever having heard any testimony or conducting a hearing on the merits of the case, the judge replied, on the record, that he “probably got it from the newspaper.” Having visited the baby in the hospital, Caballero flatly denies that the child is in pain. After reflection, Caballero asked Judge McColloch to recuse himself from the case. McColloch refused.
The Hospital represented to the judge that it had checked with numerous facilities and had not found one that would take the child—thus it should be allowed to turn off the ventilator. As ArrMatey recounts
here—there was at least one facility that may be equipped to accept the baby that the Hospital didn’t bother to ask. I know about that facility and it is inconceivable to me that the Hospital was unaware of the facility.
This case is a bit different from the Terri Schiavo case as the Baby is on what would be considered to be life support—unlike hydration and nutrition. Baby Hudson suffers from
Thanatophoric Dysplasia. It is usually fatal soon after birth, though there are cases of victims surviving into childhood. Pragmatists relying only on reason divorced from morality would opine that because the baby will most certainly die—there is no reason to continue keeping the baby alive on life support. A pragmatist would decide that the parent of such a child is simply too ignorant of the realities of medicine to have an opinion worth heeding in such a situation.
Pragmatists have slaughtered people by the scores throughout the centuries.
The fact that the Baby’s disease is most certainly fatal is not justification for ending this baby’s life
now by pulling the vent contrary to the wishes of his mother—and solely upon the say so of the hospital and a judge who doesn’t seem to realize that he shouldn’t be deciding the case based on what he reads in the newspapers. Moreover, taking such decisions away from parents seems to take us in the direction of the Groningen Protocol.
Baby Hudson has already defied the odds by surviving for five months. Who knows what God may have in store for him. As Doctor Bob says:
Reason of itself is morally neutral; it can kill children or discover cures for their suffering and disease. Reason tempered by humility, faith, and guidance by higher moral principles has enormous potential for good – and without such restraints, enormous potential for evil.
Putting life and death decisions regarding medical treatment solely into the hands of the courts and medical profession is simply courting evil. Dr. Bob again:
Higher moral principles position roadblocks to our behavior, warning us that grave danger lies beyond. When in our hubris and unenlightened reason we crash through them, we do so at great peril, for we do not know what evil lies beyond. The Netherlands will not be another Nazi Germany, as frightening as the parallels may be. It will be different, but it will be evil in some unpredictable way, impossible to foresee when rationalism took the first step across that boundary to kill a patient in mercy.