Tuesday, March 01, 2005

According to Jewish law, should Terri Schiavo live or die?

In the article to which I've linked above (originally appearing on www.aish.com) Daniel Eisenberg, MD., explains Jewish teachings on when medical care should be considered futile. With the Terri Schiavo case, he starts from the idea that she is in a vegetative state, and even assuming that (which is in heated dispute among doctors as well as laymen) - even assuming that she is vegetative, he argues:

THE CASE OF TERRI SCHIAVO

Let us take the example of Terri Schiavo. She is not brain dead nor is she terminally ill. She is brain damaged and remains in what appears to be a persistent vegetative state. All of her bodily functions are essentially normal, but she lacks the ability to "meaningfully" interact with the outside world (although her parents claim that she does minimally respond to their presence and to outside stimuli).

Her impairment is cognitive and Judaism does not recognize any less of a right to treatment for one cognitively impaired than one mentally astute.

It is a denial of the Jewish ideal of the fundamental value of life that drives the forces that wish to remove Terri Schiavo's feeding tube. While Judaism does recognize quality of life in certain circumstances (such as the incurable terminally ill patient in intractable pain mentioned above), the Torah does not sanction euthanasia in any situation. To remove the feeding tube from a patient whose only impairment is cognitive is simply murder.

We must ask ourselves when we view images of cognitively impaired patients such as Terri Schiavo whether the pain that we feel is Terri's or whether it is our own. While we may suffer watching movies of the severely brain damaged, it is our own thoughts of the horror of a life without cognition that drives us to project that pain onto the victim who may not be suffering at all.

The key to analyzing any situation is to realize that good ethics start with good facts. One must provide the posek (halachic decisor) with an accurate, honest, and thorough assessment of the patient's medical condition. Only then can a halachically valid and ethically proper decision be made.

Adapted from an article that appeared in Viewpoint: National Council of Young Israel, Winter 1996 entitled: "HALACHIC ISSUES REGARDING FUTILITY OF MEDICAL TREATMENT: Applications To Nutrition And Hydration In The Terminally Ill Patient.

This is just the concluding part of an article on medical ethics which provides the 'why' of Jewish law as it is to be applied under certain conditions. I have to say they've put a lot of thought behind their stances.

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