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March 19, 2005

MSNBC's Caplan All Wrong on Schiavo

Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania, has penned an irresponsible piece of nonsense ("The time has come to let Terri Schiavo die") for MSNBC.  His piece is yet another example of bad opinion from major media outlets.  It's also an example of how the "experts" can be brilliantly wrong in their assessments of a situation - even one within their own field of expertise.

Caplan Ignores the Evidence

Caplan writes:

We have now reached the endgame in the case of Terri Schiavo. Her husband, Michael, remains unwavering in his view that she would not want to live in the state she is in. Despite the fact that he has been made the target of an incredible organized campaign of vilification, slander and just plain nastiness, he remains unmoved. Even a pathetic effort to bribe him into changing his mind with the offer of $1 million did not budge him.

He says he loves his wife and will do whatever it takes to end an existence that he believes she would not want to endure. He thinks that she would want her feeding tube stopped and that she would wish to die rather than remain bed-bound in a nursing home in a permanent vegetative state for the rest of her days.

First of all, the evidence is shaky that Terri "would not want to live in the state she is in."  There is no written document, no living will, only conflicting reports about what Terri had said with regard to artificial life support. 

The artificial life support in question is a feeding tube.  Is not being able to feed oneself a sufficient reason to permit someone to die?  I don't think so - there are lots of people who can't feed themselves.  Babies and some elderly people, as well as some accident and stroke victims, can't feed themselves.  Furthermore, it's possible that Terri could be liberated from the feeding tube through therapy - therapy which her husband and Judge Greer have refused to allow.

So it comes down to Terri's mental and physical health.  Is Terri in a permanent vegetative state?  Is she doomed to be so for the rest of her days?

Watch the videos of Terri.  She recognizes and responds favorably to her mom.  She laughs.  She tries to talk.  She responds to music.  If laughing is a sign of being in a vegetative state, what isn't?

We don't know how much ability Terri can recover.  We don't know because the relevant tests haven't been done, and because Terri has been denied therapy.  And yet the major media outlets - and so-called "experts" - persist in ignoring these important facts.  Pathetic.

Caplan on the Husband-Wife Bond

Caplan goes on to criticize opponents of Michael Schiavo on the basis of the marital bond:

Remember the recent debate about gay marriage and the sanctity of the bond between husband and wife? Nearly all of those now trying to push their views forward about what should be done with Terri Schiavo told us that marriage is a sacred trust between a man and a woman. Well, if that is what marriage means then it is very clear who should be making the medical decisions for Terri — her husband.

Is Caplan really so obtuse?  Michael Schiavo is sleeping with another woman, is engaged to be married to her upon Terri's death, and has had two children with her.  (In the face of this, Caplan writes that Michael "loves her and has stuck by her for more than 15 years."  Typically, sticking by one's spouse involves marital fidelity.)  On the traditional notion of marriage as one-flesh union, sexual intercourse consummates the union (thus "mating").  Intercourse with another outside the marriage therefore constitutes a direct attack on that union.  Adultery is widely understood as the classic case of betrayal in marriage and the primary justification for its dissolution.  So from the traditional viewpoint, Michael Schiavo is in no position to be Terri's guardian.  Caplan is clueless.

Add to that the neglect that Terri has suffered under Michael's care, and there should be no question that Terri needs a new advocate.

Deadly Implications

Near the end of the article, Caplan articulates his principle of refusing treatment:

We have had a consensus in this country that you have a right to refuse any and all medical care that you might not want. Christian Scientists do not have to accept medical care nor do Jehovah’s Witnesses need to accept blood transfusions or fundamentalist Protestants who would rather pray than get chemotherapy. Those who are disabled and cannot communicate have the exact same rights. Their closest family members have the power to speak for them.

If people have the right to refuse any and all medical care, then its difficult to see how life can have any objective value.  Suppose a teenager takes a bottle of pills and you find a note in the breast pocket of his shirt: "We have a consensus in this country that we have a right to refuse any and all medical care that we don't want.  I don't want you to save my life.  Let me die."  On Caplan's principle above, should we let the teen commit suicide?

In the course of his brief article, Arthur Caplan has demonstrated that he is unfamiliar with important facts of the case, unfamiliar with the moral authority of marital relations and the ways such authority can be compromised, and grossly unaware of the dangers of the principles he is advocating.  It's difficult to believe that someone like Caplan can rise to the position of authority he has, and surprising that MSNBC wouldn't pause to confirm the facts when life and death are in the balance. 

Contra Caplan, the time has come to protect the life and well-being of Terri Schiavo.

terrisfight.org

Posted by Steve | March 19, 2005 in Current Affairs, Ethics, Politics | Permalink

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Comments

You are right on! How hard can it be for a true reporter to get the facts??? This case is a charade and a sham and a cover-up!!! God help us.

Posted by: Frances | Mar 19, 2005 11:06:12 PM

Fantastic post! I heard Dr. Caplan on talk radio this morning. Even with all the education he may have had, he still has problems deducing fact from fiction.

I wish he would have addressed Judge Greer's order to not hand feed Terri. How ethical is that? Ok, so let's assume she didn't want a feeding tube. Fine, let the not-so-loving husband (bigamist?) pull it out. No one ever said she wouldn't ever want to eat again.

The fact that some people are willing, even eager, to make this happen is appalling.

God help us all.

Posted by: Diane | Mar 19, 2005 11:27:15 PM

Fantastic post? Sorry, more like terribly biased. Get over the adultry angle against Michael Schivo it doesn't have a bearing here. Everyone should butt out, including the fed. govt. and leave the issue where it belongs, between Michael Shiavo, Mr. and Mrs. Schindler and the courts and we have heard where that stands. Those three entities have had adequate time to fairly determine what is right regardless of all the opinions out there.

Posted by: emmy | Mar 20, 2005 1:42:09 AM

Emmy,
Interesting that you think it's OK for Terri to have no more status than Michael Schiavo's
chattel. Interesting also that you think adultery doesn't have a bearing on Michael Schiavo's fitness as guardian. Yes, I am "terribly biased" in favor of human rights, justice and the truth.
You are unaware maybe that Michael Schiavo wouldn't even allow the blinds to be raised in her room? If he could have kept the air out of her room, too, he would have.

Do a little research on the situation and then read your own words.

Posted by: SMoore | Mar 20, 2005 8:13:18 AM

Emmy,
Interesting that you think it's OK for Terri to have no more status than Michael Schiavo's
chattel. Interesting also that you think adultery doesn't have a bearing on Michael Schiavo's fitness as guardian. Yes, I am "terribly biased" in favor of human rights, justice and the truth.
You are unaware maybe that Michael Schiavo wouldn't even allow the blinds to be raised in her room? If he could have kept the air out of her room, too, he would have.

Do a little research on the situation and then read your own words.

Posted by: SMoore | Mar 20, 2005 8:14:03 AM

Adultery irrelevant? What a relief for millions of cheating spouses the world over! I'm glad adultery is now equivalent with adulthood. In these days of useless rhetoric, we can do away with these old-fashioned notions and justify whatever narcissism we care to indulge in!

Posted by: Cliff Trapp | Mar 20, 2005 9:04:49 AM

Dear Emmy,

How you could watch the videos of Terri, and read about the neglect - both in terms of care and of medical testing - in her case, and conclude that "adequate time to fairly determine what is right regardless of all the opinions out there" is beyond me.

Like many today, you seem to want the problem to "just go away."

Steve

Posted by: Steve | Mar 20, 2005 4:58:45 PM

SMoore, I have researched the issue and I don't care if the blinds are open or closed. That is irrelevant except in the blogsphere. And all of those who think adultery is the issue, let me ask you, would you change your mind about Michael Schiavo's effort to pull the feeding tube if he was not living with another woman? I did'nt think so.
In court it was presented and verified by witnesses that Terri Schiavo's wishes were not to be kept alive in the state she is in. Her husband, for whatever else he is, would appear to be trying to follow through with her wishes. It is too bad as a couple they did not put this in writing, how many of us do?
M. Schiavo, it has been reported, turned down a lot of money to just turn over guarndianship to mom and dad and walk away. Why did'nt he? Do you suppose he is trying to comply with his wife's wishes?
It is sad that he and Terri's parents are so at odds over all of this, but that is their family conflict to resolve.
Now, with congress involved we are likely seeing the further errosion of some of our individual rights. Make no mistake about the politicians, their involvement in this issue is about control of the courts and judicial appointments which has just recently become a real hot button. If they really cared about the case I will guess they would not have waited until they had to work over their own holiday weekend to move on the issue.

Posted by: Emmy | Mar 20, 2005 7:16:00 PM

I read the comment about the shades being drawn or not. The truth of the matter is it doesn't matter since she doesn't know if the lights are on or off. What about the hours of video showing Terri's parent trying to get her to show some sort of response but she just act like no one is there. You would think she would respond or blink but she does nothing. It is sad that people don't know the difference better life and living. At least her husband does.

Posted by: Bob | Mar 21, 2005 2:56:18 PM

Now, with congress involved we are likely seeing the further errosion of some of our individual rights

Could you explain this Emmy? Congress is attempting to protect the right of a severely handicapped individual from being intentionally killed by someone who may not have her best interest in mind. How will providing food to this human being erode our rights? What rights are you talking about?

Bob said:

The truth of the matter is it doesn't matter since she doesn't know if the lights are on or off.

And you know this how?

It is sad that people don't know the difference better [sic] life and living.

Bob, I am a physician, so I am intimately aware of the difference between someone who is living and someone who is not. Terri is alive. She has no emminent medical problems which will kill her. She is severely handicapped. You imply that our human value comes not from our intrinsic value as human beings but by our ability to function in a certain way. That is very problematic - for if our value is based on our abilities, who decides which of us is truly valuable?

Serge

Posted by: Serge | Mar 21, 2005 3:11:43 PM

Serge, I don't think the motivation of congress is to protect the rights of a severely handicapped person. If that were the case then why act now? Because there have been a lot of people in similar situations across the country according to articles on the subject. Further it appears that Terri Schiavo is more than just severely handicapped. She is gone, she is not there, much of her brain is dissolved. This is not my opinion, read the words of the court appointed Guardian, you can find it on the Miami Herald web site. Here is the URL: http://www.miami.com/multimedia/miami/news/0319schiavo_finalreport.pdf
My point about individual rights is about congress stepping on a state court system because they don't agree with the result.
Michael Schiavo has been demonized only because some people don't agree with his persistant stance of following through with the wishes of his wife not to have her life prolonged with tubes. The court appointed guardian made a comment about Michael Schaivo as well saying that the is a loving caring husband who has provided Terri with excellent care. Quite a difference from the crap that is showing up on blog sites.

Posted by: Emmy | Mar 21, 2005 4:07:14 PM

Further it appears that Terri Schiavo is more than just severely handicapped. She is gone, she is not there, much of her brain is dissolved.

She is not gone. She is a living human being. If she was brain dead, there would be no issue. The fact that one has a damaged brain does not indicate that you are dead, but that you are handicapped.

The court appointed guardian asserts that a living human being should have the ability to swallow. Without that ability, then they are no longer a living human being. This assertion is simply wrong.

Our rights are actually in danger when our intrinsic value of human beings is being trampled on by activist judges.

Serge

Posted by: Serge | Mar 21, 2005 4:29:58 PM

You are right on about your assessment about Caplan's views, which raise serious questions about bioethics philosophy void of theological foundations. I read the MSNBC piece Caplan wrote and was somewhat surprised when I received a rapid reply from him after sending him my commentary. It's clear that the question of right to life (or die for those so inclined) would be better served if people where more educated on theological ethics. Unfortunately, misunderstandings on the basic premises of what "sanctity of marriage" is lead to gross errors in reasoning. Did I read "terribly biased" with regard to adultery angle? No way, that has everything to do with Caplan's error in reasoning. We know criminals commit murders with some motive. Law enforcement and prosecutors look for that in assembling a case. Similarily, are we to not consider a person's infidelity when considering whose interests are being served? In the Schiavo case this point is paramount in understanding motive.

Posted by: Tom | Mar 24, 2005 12:20:35 AM

I am struck by Tom's decision to compare the evaluation of Michael Schiavo's motives to the criminal prosecutor's attempt to establish motive as part of building a criminal case against an accused murderer.

Tom's explicit comparison of these 2 situations reflects a common but ,to most medical ethicists, incorrect notion of how to establish a plan of care for a patient who is unable to communicate their wishes.

When we argue about what a patient would have wanted, it is difficult if one side keeps accursing the other of being a murderer, which is what Tom suggests is the rational way to appriase this situation. Even for people who would regard it as wrong to stop treatment under any circumstances, it has to be accepted as plausible that some patients like Ms. Schiavo might not want a continuation of life-sustaining treatment.

Mr. Schiavo and the Schindlers are each attempting to argue that they represent the better proxies for Terri's interests. They have had this argument in court for many years, before 17 or 18 judges, I've lost count. At this point the Schindlers are losing the court battle, so their last draw is to encourage the perspective that the other side is a would-be murderer.

I don't think it's a reasonable final move. It may well precipitate violence, sadly.

Posted by: Stef | Mar 24, 2005 7:41:12 PM

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