 |
|
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
|
| |
Jewish World Review
March 20, 2005
/ 11 Nissan, 5765
If Terri Schiavo were an Orthodox Jewish NYer would she still be alive?
By
Stewart Ain
In aftermath of end-of-life controversy, Queens judge cites state and Jewish law in case of 86-year-old woman
http://www.JewishWorldReview.com |
Terri Schiavo might still be alive had she been in a hospice in New York State rather than Florida.
A Queens Supreme Court justice, citing state and Orthodox Jewish law, ruled last week that a feeding tube is not medicine and must be inserted into a patient who cannot swallow unless the patient had provided explicit instructions to the contrary.
Schiavo's husband, Michael, had the feeding tube removed from his wife because he said she would not have wanted to be kept alive by a tube. Terri Schiavo did not have a living will or health-care proxy. She died March 31, 13 days after the tube was removed.
Judge Martin Ritholtz rendered his opinion in a case involving Lee Kahan, 86, an Orthodox Jewish woman.
One question was whether Kahan's "deeply held values as an observant Jew" were being breached by the actions of her daughter, so Ritholtz devoted a portion of his 17-page decision to a discussion of how Orthodox Jewish law regards feeding tubes.
"Judaism views nutrition and hydration by feeding tubes or intravenous lines not as medical treatment but as supportive care, no different from washing, turning or grooming a dying patient," the judge wrote. "The first Halachic [Jewish law] principle of medical intervention is that whenever it is possible to increase the longevity of a patient, it should be done.
"On the other hand, Halacha certainly takes pain and suffering into account. Under certain exceptional circumstances, only to be determined by a competent rabbi, it has been held by [the leading 20th century Halachic authority] Rabbi Moshe Feinstein that for a patient with pain and suffering who cannot be cured and cannot live much longer, it is not obligatory for physicians to administer medications briefly to prolong his life of pain and suffering, but nature may be allowed to take its course."
Ritholtz then quoted a differing opinion, saying Rabbi Eliezer Waldenberg, a contemporary of Rabbi Feinstein, believed that "suffering serves to increase a person's merit, and therefore prolonged suffering is a good reason to prolong life in order to erase sins and to allow the person an opportunity to repent."
"From this cursory overview, it is clear that the halachic view can be intricate and complex," the judge wrote. "In practice, the final decision must involve detailed investigation and full consultation between the doctors, the family and the rabbis on a case-by-case basis."
Ritholtz pointed out that within Orthodox Judaism there are two versions of health-care proxies. One written by the Rabbinical Council of America "expounds a very specific position and advises its followers to make a living will following its mandates," he said.
The other, written by the Agudath Israel of America, "merely gives guidelines as to what one should do and reserves ultimate decision-making to the individual's pre-selected rabbi," the judge said.
"The best course for observant Jews wishing to prepare a health-care proxy is to appoint a halachic authority of their choice to rule on medical issues as they arise in the event they become incapacitated," Ritholtz wrote.
In the Kahan case, the woman's doctors wanted to replace the feeding tube in her nose with one in her stomach to stave off possible infection or other problems. But Kahan's daughter, Joan Simonson, her mother's health-care agent, refused to permit the stomach tube, fearing its insertion would "actually be more harmful" to her mother.
Kahan's sister, Rose Borenstein, went to court seeking to override Simonson's refusal. During a hearing Simonson, of Milford, Conn., said her mother was dying, that she had an advanced case of Alzheimer's disease and that she had "almost no quality of life."
"My whole concern is that she not be caused any suffering and that she be able to live out the rest of her natural life, you know, as comfortably as possible," Simonson said, adding that she also did not want to do "anything that would cause my mother to die."
But after hearing doctors testify that it was medically necessary to insert a stomach feeding tube, Simonson withdrew her objection and allowed the procedure. The surgery was conducted successfully Feb. 24 and Kahan was returned to the West Lawrence Care Center, a nursing facility in Far Rockaway near Borenstein's home.
Borenstein asked Ritholtz to nullify the health-care proxy Simonson held for her mother or prevent her from making any future health-care decisions regarding feeding and hydration. Ritholtz refused to abrogate the health-care proxy but did say that Simonson had no authority to stop the feeding and hydration of her mother because Kahan left no written instructions in her health-care proxy regarding artificial nutrition and hydration.
In rendering the latter decision, Ritholtz examined the genesis of the state Health Care Proxy Law. He said that although some people view artificial nutrition and hydration through a stomach feeding tube as medical treatment comparable to mechanical ventilation, others argue that the insertion of such a tube is not a medical procedure but rather "the act of providing sustenance to a living person."
"Those who distinguish nutrition and hydration from other forms of medical treatment note that withdrawal of this form of support is frequently an independent cause of death by 'gradual starvation and hydration,' and not from the underlying disease," Ritholtz wrote.
He said that from a Halachic perspective, a persistent vegetative state and Alzheimer's disease are not terminal conditions, per se, despite the fact that they are progressive, irreversible and inevitably result in death.
"Patients with these illnesses," Ritholtz wrote, "deserve the same full range of treatment that is made available to any other patient."
Every weekday JewishWorldReview.com publishes what many in Washington and the media consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Stewart Ain is a staff writer for the New York Jewish Week. Comment by clicking here.
© 2005 New York Jewish Week
|
