Man's survival spawns 'Jesse's Law' (OneNewsNow.com)

Man's survival spawns 'Jesse's Law'

Jeff Johnson - OneNewsNow - 7/2/2008 11:05:00 AM

The miraculous story of a Gulf War veteran on the verge of death following a serious accident has sparked the Arizona legislature to protect incapacitated patients from hasty decisions designed to accelerate their deaths.

Jesse Ramirez made it through a war, but he almost died as the result of not having a living will. Just ten days after a severe car crash, Ramirez' estranged wife ordered his food, water, and antibiotics terminated. He was then transferred to a hospice to die.

Gary McCaleb is senior counsel with the Alliance Defense Fund, which helped save Jesse's life. He says Ramirez was within hours of dying when they were able to get his food and water restored. "And within a matter of months, he walked out of the hospital -- and now he's almost fully recovered and living at home," the attorney reports.

After local media picked up the story, McCaleb says the state legislature took action and passed "Jesse's Law." That law creates a process to obtain an emergency order to prevent a surrogate decision-maker from withdrawing food or fluids from an incapacitated patient.

"And the media coverage has brought to us dozens and dozens and dozens of similar situations," McCaleb notes. "It's remarkable, frightening, really, how often in America people make these hasty decisions about life and death and [how they] treat human life, which is valuable in its own right, with a great deal of disregard and just send people to hospice to die," he observes.

McCaleb encourages people to get a power of attorney in place as soon as possible, or create a living will.

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Comments on this article:

"I have told my family and had my lawyer put into a lioving will that I do not wish to be kept "alive" if there is no reasonable hope for a fairly quick recovery. If I am looking at a lengthy hospoitalization or the likelihood that I will be a a greatly reduced functioning level, then let me die and harvest my organs for donation."
"I do believe that most of the time when this issue of assisted suicide is newsworthy is because it is done out of compassion. I was once told by my mother, who passed away two years ago, that she would have considered assisted suicide even though she never was in a vegetative state. She was always in pain from years of abuse from drug use and from psychological torture. That is why I feel so passionately about giving people the right to free themselves of their tormented bodies, and I think most people who advocate for it do believe this is the reason. It does upset me, though, that some people would use this compassion as an excuse to devalue some people's lives, which is why I think there should be a clear enforcement of the rules for this law so that others would not use it for their own malicious desires."
"To the poster who is concerned about not wanting to be "lying in bed on life support," maybe you didn't read the article very closely---since when are food, water, and antibiotics considered life support? I guess given that analogy, anyone who suffers some sort of injury or illness should just lie down and say "go ahead and kill me if it's more convenient for you than waiting for my recovery." It is really pathetic how society has come to devalue any life that is not perfect. May God help us all."
"I am a healthcare worker and care giver, this is a very good story, however, please remember that there is more to these stories than what is written. I don't believe the "enstranged" wife should have made the decision alone, however, she is still his spouse and has that right. Whether right or wrong in our eyes. Look at the amazing Grace of God and His intervention by touching someones heart to seek help for this man. That should also be a focus in this story. As a health care worker, respiratory therapist I have had to discontinue life support and it is heart breaking to say the least. Though I have also seen people kept alive for the family to receive the SSecurity check. So wrong happens on both sides. But God's grace prevaled on this occasion, praise the Lord."
"Unfortunately, doctors in many states have been known to IGNORE so-called "Living Wills". It's better to have advanced directives and to appoint who the person who will be a voice in case you cannot beforehand. Someone who will not take advantage of the situation. I can't by the "brain dead" deal. People can certainly still be alive with their brain wave readings not registering on the instruments. There has been many instances where medical science simply fails to admit it doesn't know as much about the human body and how it functions as it thinks it does. There was a case recently in which a doctor pronounce a man brain dead. Family gave the consent for the organs to be "harvested". When the family came in to give their goodbyes the man gave indication he had heard -everything- that was said. It's no surprise he had bitter feelings towards the doctor and the medical staff of that hospital afterwards."
"This is a bizarre situation. Apparently, someone did not know what they were doing. I agree that if someone is brain dead that is is different story but apparently if this guy walked out he had substantial brain activity."
"Unless a person is verified to be brain dead (more than one opinion) they should be saved and then they must survive or not with with a 110% effort from their medical team to save them. Living will or not, this should constitute the medical care service goal."
"Did someone mention the possibility of an inheritance payoff here??? The person named on the will should not make the decision, unless it is a lawfully married spouse. (At least this week, as next week, it may be any significant other). This should be a case for the homosexuals to argue, that the significant other should have the right, in the absense of a real spouse. Charlotte wasn't the only one with a tangled web to weave."
"Why wasn't this "estranged" wife investigated for attempted murder?"
"A living will is a must-have. While the closest relative is often made the surrogate in matters like this, courts need to take into account the fact that an estranged wife could easily have ulterior motives. Hopefully this Jesse's Law will help them distinguish between surrogates acting in their own best interests and surrogates acting in the interests of the patient. I don't say this very often, but good job ADF!"
"Trusting, in particular, an "estranged" spouse is much worse than any court... Terri Schiavo comes to mind. But in her case she couldn't trust either."
"Where is the kind of love that Jesus described in the parable of the good samaritan?... Once God is excluded from the decision process (as I believe He probably is in many of these cases), what is best for ME becomes the rule. Yes, I believe power of attorneys are important; however, what if God's will is different? ...just a thought."
"Actually, it's pretty sad that an estranged wife might make a life or death decision based on personal animosity."
"Wow, this is patently unbelievable, that someone would be willing to trust the courts, instead of a spouse or other loved one, with such important decision making in such circumstances. My loved ones already know my wishes, which do not include laying in a hospital bed attached to life support."
"I still remember Bob Hope telling a joke on tv many years ago when organ donor donations came to the forefront of public discussion. He said, jokingly of course, that a hangnail could now be fatal."