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- 0 ETHICS, Page 80Whose Right to Die?
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- The Supreme Court will finally wrestle with the ultimate
- question
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- The nightmare began nearly seven years ago. In the
- early-morning hours of Jan. 11, 1983, Nancy Cruzan's car
- swerved on an icy and deserted Missouri country road. The car
- flipped and crashed. The 25-year-old woman tumbled out and
- landed facedown in a ditch. Medical help arrived promptly enough
- to save her life but not fast enough to save her oxygen-deprived
- brain.
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- Nancy Cruzan never regained consciousness after that
- accident, and doctors say she never will. Now 32, she lies in
- a condition known as a persistent vegetative state, awake but
- totally unaware, at the Missouri Rehabilitation Center at Mount
- Vernon. Her body is stiff and severely contracted, her knees and
- arms drawn into a fetal position, her fingers dug into her
- wrists. Some nurses report that Cruzan can turn toward persons
- who speak to her and that she has cried on several occasions,
- once when a valentine card was read to her. But doctors say she
- is oblivious to the environment except for reflexive responses
- to sound and painful stimuli. "We have literally cried over
- Nancy's body, and we've never seen anything," says her anguished
- father Joe Cruzan. "Sometimes you swear she is looking right at
- you, but then you move three or four steps. She has no awareness
- of herself."
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- A tube to Cruzan's stomach provides all the food and water
- that keep her on this side of existence. The cost of her care,
- $130,000 annually, is borne by the state (since she is not a
- minor, her parents are not held responsible for her debts).
- Doctors say her heart could beat and her lungs could breathe for
- 30 more years, but her parents want the feeding stopped so that
- she can die in peace now.
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- This week the family will direct its plea to the U.S.
- Supreme Court, and for the first time draw the nation's highest
- court into the murky legal and ethical seas that surround the
- notion of a right to die. What the Justices decide will directly
- affect Cruzan. It will also set some legal boundaries for
- addressing the plight of the 10,000 other people in the U.S.
- lingering in a persistent vegetative state. Ultimately, the
- ruling could have an impact on the 7 out of 10 Americans who can
- someday expect to confront questions of life-sustaining medical
- care for themselves or their loved ones.
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- The Cruzan case dramatically evokes many of the primal
- emotions and fundamental uncertainties of life, death and love.
- Even the simple question at the heart of the Cruzan case -- who
- is to decide on ending a life -- defies an easy answer. The
- Missouri Supreme Court ruled last year that the state must
- decide. And in Cruzan's case, the court concluded, the state's
- interest in preserving life was not offset by any clear or
- convincing evidence of Nancy Cruzan's own wishes or by any
- demonstration that the feeding tube was "heroically invasive"
- or burdensome. "We choose to err on the side of life," declared
- the court.
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- Cruzan's parents believe the decision to end her life,
- painful as it is, should rest with them, based on their intimate
- knowledge of Nancy's personality, views and preferences. "My
- daughter would say, `Help, get me out of this,'" insists Joe
- Cruzan. The Cruzans' lawyers argue that the guarantee of liberty
- in the Constitution's due process clause protects individuals
- -- including helpless patients -- against unwarranted bodily
- intrusions by the state, and that a loving family is the best
- surrogate to decide what medical course an incompetent relative
- would choose. In 1983 a presidential medical-ethics commission
- endorsed the principle of family surrogate decision making, and
- so have many state courts since the 1976 landmark Karen Ann
- Quinlan case, in which the New Jersey Supreme Court permitted
- the Quinlan family to remove her from a respirator. Although who
- decides and what proof is required have differed, most state
- courts have found a way to accommodate those who seek to let a
- death proceed.
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- Right-to-die questions generate powerful sparks of moral
- friction. They clash against two basic values, says Daniel
- Callahan, director of the Hastings Center, an ethics think
- tank. "One is the sanctity of life, with its religious roots;
- the other is the technological imperative to do everything
- possible to save a life. Put together they are like a locomotive
- running at 100 miles an hour." The sweep of that force troubles
- many experts. Says George Annas of Boston University's School
- of Medicine: "The technological imperative obliterates the
- person altogether. It acts as if the person doesn't exist --
- that she has no personality, no family, and that no one who
- loves her can make decisions about her." But other experts
- believe that advocates of self-determination often skip over a
- basic question in incompetent-patient cases. Asks University of
- Michigan law professor Yale Kamisar: "Whose rights are being
- fought for, Nancy Cruzan's or her parents? Whose preferences are
- being advanced?"
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- Cases that involve the withdrawal of a feeding tube, as
- opposed to a respirator or heavy mechanical support, pose
- particular problems. The American Medical Association and many
- ethicists believe even artificial nutrition and hydration is a
- medical treatment that may be withdrawn from terminally ill or
- irreversibly comatose patients. But others disagree; to them,
- food and water, even through a tube, represents the necessities
- of life and constitutes basic care. Some experts also debate
- whether there is a clear or a blurred line between withholding
- nourishment and the next step, injecting death-inducing drugs.
- Many worry about a slippery slope that could lead to legalized
- euthanasia and suicide, and a general devaluation of life,
- particularly of those who are incompetent or elderly.
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- The issues in the Cruzan case are ultimately both profound
- and perplexing. "If only the ambulance had arrived five minutes
- earlier," muses Joe Cruzan, "or five minutes later." But even
- as he muses, and as the Supreme Court ponders, other ambulances
- are reaching other patients at that same fateful juncture of too
- late and too soon.
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