Texas Right to Life's Death Panels
By
James Scott Trimm
Back 1999, The Texas Legislature unanimously passed the
draconian Texas Advance Directives Act (TADA). Under TADA, when a doctor and a
patient (or his/her surrogate) disagree about appropriate end-of-life
treatment, the disagreement is taken before an ethics review committee.
TADA only provides a ten day period for the patient's family
either to find another facility to accept the patient or to obtain a court
injunction to extend their life. If no other facility will accept the patient
within the period of time and the family is unable to obtain a court
injunction, then the hospital is legally permitted to withdraw life
sustaining-treatment from the patient, and simply let them die, regardless of
their wishes, their living will, or the wishes of their family. Folks, this is one of those “death panels”
about you have been warned.
In the past, Texas Alliance for Life ( a fake "Pro-Life" organization that exists only to give cover to candidates which are not Pro-Life) was the secret supporter of this system, while Texas Right to Life was fighting against it.
When
opportunities to reform this act have presented themselves, Pojman’s Texas
Alliance for Life has run interference.
For example in the 84
th Texas Legislative session (2015)
Texas Alliance for Life actually supported House Bill 2351, which was supposed
to be a bill to reform these death panels, but in reality this Bill only
perpetuated the death panels.
Texas Right to Life wrote about this bill (Which Pojman and TAL supported):
HB 2351 by Representative Patricia Harless (R-Spring) will also be heard today in the House Committee on State Affairs. The stated purpose of HB 2351 is to reform hospital ethics committees (death panels), which currently hold unlimited power to remove medical treatment from patients after providing ten days notice to the patient or family. Under the current Texas Advance Directives Act, hospitals may remove life-sustaining treatments including a ventilator, dialysis, food, and hydration from patients, even if the patient or their family has expressed a desire to continue such care and treatment. Treatment can be withdrawn from any patient for any reason, including discrimination against a patient who is elderly, terminally ill, or disabled.
Rather than actually reforming the draconian ten-day law, HB 2351 instructs the hospital committees to write and circulate their own regulations about conflicts of interest for their own ethics committees about their own decisions on withdrawing treatment from patients. HB 2351 also instructs facilities to write and implement policies for withdrawing treatment from patients with disabilities. However, this section establishes yet another dangerous loophole through this provision by adding: “unless the disability is relevant in determining whether a medical or surgical intervention is medically appropriate.” HB 2351 does not actually provide specific details about what the policies should be, just that hospitals should adopt policies on these topics.
(Committee to hear dangerous bills masquerading as Pro-Life, April 8, 2015)
On the morning of December 23rd, Texas Right to Life announced
the passing of 46-year-old Chris Dunn. A Houston Methodist Hospital panel ( a
so-called “death panel) determined that his life was not worth living and that
his condition was not even worth diagnosing or treating, Chris has now succumbed
to his untreated illness.
Just before Thanksgiving, the hospital gave ten days'
notice that they would be removing Chris's breathing assistance, but
because of legal intervention, breathing assistance was never removed.
Chris's lawyers were able to get a restraining order. Then guardianship
was contested by an employee of the hospital. However in all of this
the hospital did not treat Chris's actual illness, but simply let him
die untreated, while they were fighting to remove his oxygen.
In defending their silence on the Pro-Life issue of the life of Chris Dunn,
Joe Pojman's Texas Alliance for Life (TAL) finally spoke. On their
Facebook page TAL wrote:
Many pro-life individuals have been gravely
concerned about the tragic case of Mr. Chris Dunn, a 46-year-old man who was
admitted into a Houston hospital in mid-October and was on a ventilator. Some
media accounts and a pro-life organization misrepresented the situation as one
in which the hospital intended to kill Mr. Dunn by removing the respirator that
was considered necessary to sustain Mr. Dunn's life. The claims were made that
the hospital had judged that Mr. Dunn's life was not worth living….
To help correct the record and to explain
the ethical issues involved with end-of-life care, Dr. Beverly Nuckols, a
family physician and board member of Texas Alliance for Life, and Deirdre
Cooper, our public policy analyst, authored the following article on Public
Discourse. We highly recommend every pro-lifer reads it [sic].
In defending Methodist Hospital’s Death
Panel’s decision to discontinue life-sustaining treatment from Chris Dunn, Nuckols
and Cooper wrote:
"It is entirely possible, even
plausible, that the doctors—and Dunn’s father, in his role as surrogate—could
have understood Dunn’s death as an unintended but foreseen side effect of a
morally legitimate object. That object, by their own profession, was to stop
the suffering caused by the treatment to sustain his life."
That’s
right, a TAL board member and the TAL public policy analyst just
declared that "to stop the sufferuing caused by ... treatment to sustain
... life" is "a morally legitimate object."!
For many years Texas Right to Life fought to end death panels in Texas, while Texas Alliance for Life ran interference. But now, all of that has changed. The old Texas Right to Life we once knew and supported, no longer exists.
In the recent 87th Legislative Session a bill was filed in the Texas House to end the Ten Day Rule with it's Death Panels, in Texas. The Bill was HB2609 which was assigned to the Health and Human Services Committee, chaired by Stephanie Klick. Klick intentionally slow walked this bill, making sure that it "died in Calendars". She held the bill 28 days before even giving it a hearing. (By contrast she gave a hearing to HB2213 , a bill to protect exotic animals, on day nine).
She then held the bill another two weeks before bringing the bill back up to the committee for a vote. Even after that, she held the bill two more weeks on her desk, before walking it down the hall and submitting it to calendars. After 68 days, Klick finally submitted the bill to calendars, knowing that by that point it would "die in calendars", and never reach the House Floor! Klick slow walked this bill do death, and guaranteed that death panels, like the one that took the life of Chris Dunn, would continue in Texas.
So what did Texas Right to Life do? They joined Texas Alliance for Life in together endorsing Stephanie Klick. Texas Right to Life even called her a "Pro-Life Hero". Texas Right to Life joined Texas Alliance for Life in campaigning for Klick, and against her opponent David Lowe who opposes the ten day rule and death panels and supports the right to life from conception to natural death.
Texas still has death panels, and we can now thank Texas Right to Life for joining Texas Alliance for Life in endorsing and campaigning for the RINO politicians that keep the Death Panels in Texas! They are now Texas Right to Life's Death Panels. Texas Right to life has now joined the ranks of other "fake pro-life" organizations like Texas Alliance for Life.
If you really support protecting the right to life from conception to natural death, do not donate to, or support these fake pro-life groups. You should instead support Abolish Abortion Texas, an organization that truly defends the right to life, from conception to natural death.