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96 posts from 2008

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Court Ruling Makes Assisted Suicide Legal in Montana

  • Dec 6, 2008
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Montana judge: Man has right to assisted suicide

HELENA, Mont. (AP) — A Montana judge has ruled that doctor-assisted suicides are legal in the state, a decision likely to be appealed as the state argues that the Legislature, not the court, should decide whether terminally ill patients have the right to take their own life.


Judge Dorothy McCarter issued the ruling late Friday in the case of a Billings man with terminal cancer, who had sued the state with four physicians that treat terminally ill patients and anonprofit patients' rights group.


"The Montana constitutional rights of individual privacy and human dignity, taken together, encompass the right of a competent terminally (ill) patient to die with dignity," McCarter said in the ruling.


It also said that those patients had the right to obtain self-administered medications to hasten death if they find their suffering to be unbearable, and that physicians can prescribe such medication without fear of prosecution.


"The patient's right to die with dignity includes protection of the patient's physician from liability under the state's homicide statutes," the judge wrote.


Attorney General Mike McGrath said Saturday that attorneys in his office would discuss the ruling next week and expected the state will appeal the ruling...

...The state attorney general's office had argued that intentionally taking a life was illegal, and that the issue was the responsibility of the state Legislature.


Assistant Attorney General Jennifer Anders had argued the state has no evaluation process, safeguards or regulations to provide guidance or oversight for doctor-assisted suicide. The state also said it was premature to declare constitutional rights for a competent, terminally ill patient because the terms "competent" or "terminally ill" had yet to be defined.


The ruling noted that doctors are often asked to "determine the competency of their patients for the purposes of guardianship and other legal proceedings."


"Whether a patient is terminally ill can also be determined by the physician as an integral component of the physician-patient relationship," McCarter wrote.


McCarter's ruling makes Montana the third state after Oregon and Washington to allow doctor-assisted suicides. The U.S. Supreme Court ruled in 1997 that terminally ill patients have no constitutional right to doctor-assisted suicide but did nothing to prevent states from legalizing the process.

So, apparently, a judge can go a make a decision like this all by herself... How? It's unbelievable.

Post a comment Tags: montana, euthanasia, assisted suicide, physician assisted suicide, doctor assisted suicide, montana court system

The Media's Love for Suicide Outlaws

  • Dec 6, 2008
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The Media's Love for Suicide Outlaws

On this episode of What It Means to Be Human, Wesley J. Smith takes a look at the media’s fawning treatment of suicide advocates. What does a reporter see when he visits the home of a suicide facilitator? Strangely and sadly, he often sees a hero.

Listen in as bioethicist Wesley J. Smith shows how journalism has become a prime mover in the culture of death, to the point that its terminal nonjudgmentalism cannot be trusted.

Post a comment Tags: media, suicide, euthanasia, bioethics, assisted suicide, physician assisted suicide, doctor assisted suicide, wesley j smith …

Texas and Its Institution.

  • Dec 3, 2008
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These are some of my thoughts while reading this article.  My thoughts, while not expert, are those of one who has both worked in the 'system' that cares for those with developmental disabilities and was shortly in the system as one receiving psychiatric care in large facilities.

Texas lambasted over care of mentally disabled

Justice Department accuses state of violating patients’ constitutional rights

DENTON, Texas - For more than a century, thousands of mentally disabled Americans were isolated from society, sometimes for life, by being confined to huge public hospitals.

In at least one place, they still are.

Texas has more mentally disabled patients in institutions than any other state, and the federal government has concluded that the state’s care system is stubbornly out of step with modern mental health practices.

For the third time in three years, the criticism has attracted the attention of the Justice Department, which on Tuesday accused Texas of violating residents’ constitutional rights to proper care.

Investigators found that dozens of patients died in the last year from preventable conditions, and officials declared that the number of injuries was “disturbingly high.”

In addition, hundreds of documents reviewed by The Associated Press show that some patients have been neglected, beaten, sexually abused or even killed by caretakers. Inspection reports also describe filthy rooms and unsanitary kitchens.

I wisht that I could say this sounds like a huge exaggeration, but... And these are the incidents that were reported.  So much goes unreported.

The American Association on Intellectual and Developmental Disabilities says large care facilities — usually those with at least 16 residents — “enforce an unnatural, isolated, and regimented lifestyle that is not appropriate or necessary.”

This is true.  Can you imagine living your life with 16, 45, 100, 300 other people?  These kinds of facilities create a class system, perhaps better described as a caste system, with the staff being known as higher and better than, while those residing in facilities are lower and 'less than'.  This (false) difference gets imprinted on both the soul of a resident and a staff member, which only the redemptive truth of God regarding one's true identity can remove.

Federal law requires the mentally disabled to be treated in “the most integrated setting” possible — a factor that led to the Justice Department rebuke of Texas. 

Integrated, meaning community integrated, and least restrictive.  This is a right of those receiving developmental disability services.  There are, or can be created, community-based programs for those even with the worst behavioral issues and the most profound medical concerncs. 

...critics allege that “warehousing” patients in large institutions invites abuse. Patients are isolated from their families and communities, making regular contact with loved ones more difficult. And caretakers often get overwhelmed by the large numbers of patients, Garrison-Tate said.

This is true.  Even the person who loves those s/he is caring for and believes s/he is doing his or her life's work, can become frustrated and succumb to abusive behavior.

In Texas, officials verified 465 incidents of abuse or neglect against mentally disabled people in state care in fiscal year 2007. Over a three-month period this summer, the state opened at least 500 new cases with similar allegations, according to federal investigators.

An AP investigation earlier this year revealed that more than 800 state employees have been fired or suspended since the summer of 2003 because they abused, neglected or exploited mentally disabled residents.

A side note- did ya notice this artcile says that the employeew who abused those in their care were fired or suspended?  Why no mention of criminal charges?

And in the one-year period ending in September, as many as 53 deaths in the facilities were due to potentially avoidable conditions such as pneumonia, bowel obstructions or sepsis, the Justice Department said. 

53 people- real people.

Some families tell horror stories of their loved ones in the state facilities. For instance, Michelle Dooley said her son spent three months in the Austin State School, which she described as a place of “dingy yellow floors and patients running around without any clothes on.” 

During his time there, he refused to leave his bed and often languished in his own excrement, she said.

Dooley eventually moved her son into a group home in Denton where treatment costs average about $50,000 per year — roughly half as much as the costs at state schools, Garrison-Tate said. Medicaid often picks up most of those costs.

“It was just horrible,” Dooley said. “If he goes back to a state facility, he will shut down and die.”

Speaks for itself.

Other families say they are happy with the state care.

Neil Davidson said his daughter Susan, who has cerebral palsy and is mentally retarded, has flourished during her 10 years at the Lubbock State School.

“I’m very impressed with the level of care she has received,” Davidson said. “As far as I am concerned, it’s Mr. Rogers’ neighborhood. Everybody is looking out for everybody else.”

I have no doubt that some of these facilities may provide some amount of good care.  However, even the best institution or large facility is no comparrison to home.  And if a home-like environment, such as one's own apartment or a group home is an option- why the heck not?

A visit to the Denton State School, the largest in Texas, reveals a sprawling campus spread across well-kept lawns. Superintendent Randy Spence described the place as a “happy, homelike atmosphere.”

Ha!  'Homelike'- whose home?

“The vast majority of our employees love the people they work with,” said Cecilia Fedorov, another spokeswoman for the Department of Aging and Disability Services. “They think of them as extended family.”

But Denton is also the site of Texas’ most notorious case of state school abuse.

In 2002, a care worker repeatedly kicked and punched a resident in the stomach and groin. Haseeb Chishty nearly died after that beating. He is now confined to a wheelchair and unable to feed himself or use the bathroom.

“It got to the point where it was fun beating him, torturing him,” said former care worker Kevin Miller, who is now serving 15 years for aggravated assault.

In a statement videotaped by Chishty’s lawyer, Miller said he and many of his fellow care workers used methamphetamines, cocaine and Oxycontin on the job.

Brokeness attracts brokeness.  Many, if not most who are drawn to care for people with disabilities, have themselves struggled with 'issues' that virtually all with disabilities have struggled with- abuse, rejection, feeling 'different'.  Unfortunately, many of those employees have not resolved their 'issues', and therefore, this case of assault and torture is a result.

Many of the institutions are large employers in small towns, and they often pay more than other jobs in rural areas. Lawmakers fear taking action that would lead to layoffs, Garrison-Tate said. 

"I'm sorry, we have to keep the system of institutionalization of some so others can have a job."  Is that it?  I'd imagine, if these facilities close, these empolyess could get a job in the comminty programs.  These people would still need care, after all, and, thus, need caregivers?  Am I being too simplistic?

“Even if we said we wanted to close all state schools, the community resources aren’t there at this time,” said state Rep. Larry Phillips, chairman of a legislative committee studying the facilities.

So, what are you doing about that?

Kelly Reddell, the lawyer whose client’s son was beaten nearly to death, said the state is not doing right by its mentally disabled.

“The very nature of the institutional setting, I think, creates the environment for the abuse to take place,” she said. “How in the world can you think this system is the best and it makes sense?”

Time for change is a long time comin'.

Post a comment Tags: institution, developmental disabilities, institutionalization, group homes, state schools, community programs

What We Are Becoming With the Culture of Death

  • Nov 29, 2008
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What We Are Becoming With the Culture of Death

On this episode of What It Means to Be Human, bioethicist and Discovery Institute senior fellow Wesley J. Smith takes a look at our culture’s "terminal nonjudgmentalism." How far have we come as a society when we lose the will to save suicidal people's lives? Smith examines two outrageous cases from the UK,
one where doctors refused to save a dying girl and another where a disabled man’s parents helped took him to Switzerland to commit suicide. What does the advocacy of death culture turn us into? Tune in and find out.


In this episode, Smith quotes a study that says after 5 years, the depression of those who've acquired a severe disability later in life levels to the same as those without disabilities. Something to think about STRONGLY when it comes to the debate over assisted suicide

Post a comment Tags: disabilities, euthanasia, physician assisted suicide, doctor assisted suicide, wesley j smith, what it means to be human p...

Why We Call Them Human Rights

  • Nov 25, 2008
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Wesley J Smith's new edition of "What It Means To Be Human" podcast.

Why We Call Them Human Rights

On this episode of What It Means to Be Human, Wesley J. Smith examines a new extreme environmentalism that seeks to grant equal rights to . . . Nature. Yes, Nature. "Nature rights" have just been embodied as the highest law of the land in Ecuador's newly ratified constitution. Rather than establishing environmental
protections as a human duty, there is now a self-demotion of humankind to merely one among the billions of life forms on Earth, no more worthy of protection than any other part of the natural world. What is the potential harm to human welfare? Listen in as Wesley J. Smith explains how the establishment of "Nature rights" is the culmination of 2008 as one of the most radical anti-human exceptionalism years in recent history.

Post a comment Tags: equador, wesley j smith, nature rights, what it means to be human p...

In the UK More Mothers Reject Abortion to Have Babies with Down Syndrome

  • Nov 24, 2008
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More mothers reject abortion to have babies with Down's syndrome

MORE babies are being born with Down's syndrome than before pre-natal screening for the disorder was introduced at the end of the 1980s, it was revealed yesterday.

Parents appear more willing to bring a Down's child into the world than they used to be, research shows.

Many are taking the decision because those affected by the syndrome are more accepted in society today and their quality of life has improved, according to a new survey.

After the widespread introduction of screening for Down's syndrome in 1989, the number of babies born with the condition in the UK fell from 717 to 594 at the start of this decade.

But since 2000, the birthrate has increased, reaching 749 in 2006, the latest year for which figures are available.

Figures from a national Down's syndrome register show that the proportion of newborn children with Down's rose by around 15 per cent between 2000 and 2006.

The Down's Syndrome Association, in conjunction with the BBC, conducted a survey of 1,000 of its members to find out why so many were choosing to have Down's children despite the availability of pre-natal screening.

The findings show that while religious or pro-life beliefs counted in about a third of cases, many parents felt that life and society had improved for people affected by Down's. Others said their decision was influenced by the fact that they knew people with Down's or other disabilities.


Carol Boys, chief executive of the Down's Syndrome Association, said: "We are all very surprised by this. It wasn't what any of us working in the field would have anticipated and it seems to show more parents are thinking more carefully before opting for pre-natal screening and termination – that being born with Down's syndrome is being seen in a different light today."

When I and others had our babies, it was a very different world – those with Down's syndrome were treated very differently. Now, there is much greater inclusion and acceptance, with mainstream education having a huge role. "We think this plays a part in the decisions parents make – there's even been a baby with Down's syndrome on EastEnders."

Pandora Summerfield, director of Down's Syndrome Scotland, said: "We applaud these women who go ahead with their pregnancies. "It is very heartening to hear that women are making a positive choice because society is more accepting."

Read whole article here.

I especially appreciate that many made the decision to have their child because they knew people with Down Syndrome or other disabilities. Acquaintanceship, but especially relationship, with people with disabilities makes all the difference in how we view them and their lives. When we are in relationship with people with disabilities, we value them and their lives and come to understand the common personhood in all of us.

For so many years, those with disabilities, especially developmental disabilities have been isolated, left to their 'own kind' and to the care of 'others' in some unknown facility. What has happned as a result is the ignorance of society regarding disability and people with disabilities. It takes real relationship between people with and without disabilities for destigmazation and understanding to occur.

Unfortunately, relationship isn't happening fast enough. Technology is fast advancing and those who still hold on to beliefs that those with disabilities have a low quality of life and are a burden to society are eager to use technology to end lives.

So, go make a friend. Start here, perhaps. "e-Buddies is an e-mail pen pal program that pairs persons with an intellectual disability in a one-to-one e-mail friendship with a peer volunteer who does not have an intellectual disability."

Post a comment Tags: euthanasia, abortion, down syndrome, ebuddies

Germany to Compile Roll of Nazi Euthanasia Victims

  • Nov 23, 2008
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Germany to compile roll of Nazi euthanasia victims

BERLIN (Reuters) - German historians have started compiling a central register of 9,000 mentally ill people murdered as part of the Nazis' euthanasia policy, most of whom were previously unidentified.

More than 100,000 people are believed to have been killed during a drive inspired by Hitler that was carried out in six extermination centres in Germany between 1940 and 1945.

The idea of a Nazi euthanasia campaign, backed by propaganda films portraying the mentally handicapped and incurably ill as "useless mouths to feed", was first outlined in Hitler's 1924 book "Mein Kampf" and became known as Operation T4.

Read rest of article here

One correction needed as Wesley J Smith points out on his blog. "Hitler didn't inspire it, he was inspired by the pre-existing eugenics movement to boost it. Indeed, in Mein Kamph Hitler discussed these ideas, which he did not generate, but that were already in the public discourse raging in Germany, the USA, and the UK."

Post a comment Tags: world war two, eugenics, smith, hitler, nazi, euthanasia, secondhand smoke, wesly j smith …

The Terri Schiavo Story

  • Nov 16, 2008
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Here are part one and part two of the Terri Schiavo Story from the Joni and Friends Television Series. I hope you watch it. I hope it makes you sick. I hope it horrifies you. I hope it drives you to your knees in desperate prayer for life, and may your only peace be found in the will of the Father. In the Sovereignty of God.

I hope you are affected by Mrs. Schiavo's story. Because if not, as Joni Eareckson Tada states, "If the rights of the weak and the most vulnerable among us are eroded, please remeber the rights of all of us are in jeapordy."

Post a comment Tags: euthanasia, schiavo, terri schiavo, joni eareckson tada, joni and friends

TAKE THE PLEDGE

  • Nov 14, 2008
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A campaign has launched in oppositon to assisted suicide. If you oppose assisted suicide, take the pledge as either a physician, medical caregiver, or concerned citizen not to participate in this practice. Please feel free to come back here and tell me about it.

Post a comment Tags: washington state, euthanasia, assisted suicide, physician assisted suicide, doctor assisted suicide, i-1000, washington's assisted suici... …

Medical Providers Say They Won't Assist with Suicides

  • Nov 8, 2008
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A glimmer of hope

From SpokesmanReview.com:

Medical providers say they won't assist with suicides

While Washington voters made it legal for doctors to help terminally ill residents end their lives, opponents of the assisted suicide measure indicated Wednesday they will continue to resist the practice.

Initiative 1000 won with strong support Tuesday, but doctors don't have to help their patients make that final act, says the Washington State Medical Association.
Furthermore, Eastern Washington's largest hospital system, Providence Health and Services, will forbid physicians from helping patients die at its hospitals, nursing homes and assisted care centers.

"Providence will not support physician-assisted suicide within its ministries," the owner of Sacred Heart Medical Center and Holy Family Hospital said in a prepared statement. "This position is grounded in our basic values of respect for the sacredness of life, compassionate care of dying and vulnerable persons, and respect for the integrity of medical, nursing and allied health professions. We do not believe health care providers should ever be put in a position of aiding a patient in taking his or her own life."

The new Washington law is set to take effect in July 2009 after state regulators write rules to guide the practice.

Read the rest of the article here.

Post a comment Tags: washington state, euthanasia, assisted suicide, physician assisted suicide, doctor assisted suicide, i-1000, washington's assisted suici... …
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Julie

About Me

Julie
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My health may fail, and my spirit may grow weak, but God remains the strength of my heart; he is mine forever. Psalm 73:26 NLT

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