The Ethics of the Terry Schiavo Case
By Charles Rush
May 15, 2005
John 10: 10
Below are notes for comments that were made to introduce a "talkback"
session that was held in place of a formal sermon.
|
o
issues: Who decides? When
and How do we die?
Legal issue: Who decides?
The husband's contention-
This was Terry's wish after having been to a couple funerals;
The testimony of friends
Legally, spouses have the right of surrogacy of proxy for
these decisions; the substance of the legal case suggested that due process had
been served.
The challenge of the parents- as Catholics the sanctity of
life; they were willing to assume responsibility for her.
The legal test- the credibility of testimony vs. the actuality
of writing down a living will…
Upshot: Put together a living will and review it annually.
Legal issues, important in their own right, are not as interesting as the
ethical issues.
Starve to Death:
Appears harsh.
The irony of the way we treat our relatives vs. the way that
we treat Fido the pet; Humans we starve and would be
horrified if we killed; Dogs we inject and would be horrified if we starved.
Medical testimony:
Persistent Vegetative State
15 years- at this point the prospect of recovery are so low
as to become negligible barring a breakthrough in Medical
Qualification- Medical facts were questioned; didn't seem to
me to be serious but perhaps a Doctor or Nurse familiar with the questions of
diagnosis and prognosis would illumine us on factors that might come into play;
Medical testimony is important and does make a moral
difference.
The Ethical Dilemma: We are victims of our own success.
Example of Nana: She had Dementia, stopped eating, for how
long, who knows… Medical team asks my grandfather what they should do to treat
his wife of 50 plus years. Started a feeding tube out of
compassion and love. She never ate again and lived another several years
without any substantive recognition of anyone else.
But for the previous 55,000 generations up til the last one, she would have just died of natural
causes without any consideration.
The Evangelical Contribution:
Jesus died for each and every one of us; and in the
resurrection we are all important regardless of our worth, socially, morally or
medically; therefore, we should seek to extend, preserve, and sanctify life
wherever we find it.
Consistency, clarity, simplicity.
Rests on solid tradition: Christians saving babies under the
bridges of Rome
The position of the Orthodox in the 3 Major faiths
Orthodox Jewish argument:
God has given us food
Medicaments
Technology
All should be used to extend and preserve
life
The fallacy with the argument lies in the transition from
naturally occurring to technologically fabricated without a corresponding moral
responsibility for discernment of use.
Food- natural occurring
Medicaments- some natural, some
concocted, distilled, etc… all require the human ingenuity to figure out what
works and what doesn't
Technology- all human fabrication
The Moral Confusion in this
case:
Feeding tube looks like humanitarian compassion
from a distance
Functions very much like technology
You can't do it for yourself
Others are just helping you;
Put it, it overrides your will
Islam-
Strong prohitbition against taking
innocent life in the Koran
Distinction between living and not living
Bodily functions
Brain activity
Judaism-
Strong presumption to live
Recognizes that the process of 'Goses'
at some point; the dying process has begun.
Once you establish that, then the moral onus is on those who
extend the process of dying. The moral question is how you dignify and sanctify
people as they die?
Cancer patients- terminal disorders;
The case of the Physician in England with stomach cancer: couldn't eat, threw up often; no
prospect of living; restarted his heart 2 times; finally said, "Should
this happen again, please don't do it again. Thank you."
Terminal cases- hold out for treatment that might develop
reasonably in the next couple of years that could change the equation.
Persistent Vegetetive State-
Dimunition of our Higher
Selves
Moral capacity, rational capacity, interpersonal
capacity vs. Biological existence itself
Quality of Mercy and Compassion- prolonging
suffering needlessly is not compassion. In the extreme case, we could say that
they are being inflicted with life.
Cutting short life too soon is also morally problematic:
Conclusion: The unique factors in each case are what make it
precisely morally engaging. Since we know the Schiavo
case, comment on it…
© 2005
Charles Rush.
All rights reserved.