Posted on 10/20/2005 5:52:22 PM PDT by wagglebee
He says he wants to live. But his wife, caregivers and South Carolina state officials are so focused on carrying out a decade-old, out-of-state living will that 79-year-old Jimmy Chambers can't get a word in edgewise.
That's the account of 10 of Chambers's children and their spouses who signed sworn affidavits in an attempt to block their mother from removing his life-sustaining ventilator, which would cause his death.
It's a case that's reminiscent of the Terri Schiavo controversy which captured the attention of millions around the world, in which a fault line opened up in the middle of a formerly close-knit family, splitting it into pieces over whether to end a loved one's life or allow them to live.
"Our family has meant everything to all of us for all these years. We never thought we'd be in this place," Deanna Potter, one of the children seeking to preserve her father's life, told WND.
The ordeal began August 20 in Naples, Florida, when the "active" and "vibrant" Chambers hopped on a riding lawnmower to help out with his son's yard work. Chambers apparently took his eyes off the road briefly and by the time he fixed his gaze back forward, a hefty tree limb struck him and bent him backwards over the seat of the mower. He was found sometime later lying unconscious on the ground.
Chambers suffered a broken back, a spinal chord injury and a torn aorta. Doctors didn't think he would survive the emergency room. He surprised them.
"You just can't keep him down," Potter marveled. "My father had polio when he was younger and his legs were weakened by that, so he was getting to the point where he couldn't walk for any period of time. But he was always active and looking for things to do. He has a couple of those scooters and scooted all over where he lives."
Two days after the accident, doctors performed surgery and succeeded in repairing Chambers's back, but determined he had become paraplegic. Spinal shock left him dependent on a ventilator, and a gastric feeding tube was inserted into his abdomen.
The prognosis was grim. Doctors weren't sure whether the Yuma, Arizona, resident would ever be able to come off of the ventilator and feeding tube.
That's when the family unity cracked.
Divided over life, death
Chambers's wife of 58 years, Viola, and one daughter began advocating removal of the ventilator and ending his life, according to Potter. Mrs. Chambers presented a living will her husband signed in 1990 when the couple lived in Iowa. The document indicated that should he have an "incurable or irreversible condition that will result either in death within a relatively short period of time" it was his desire that his life not be prolonged by the administration of life-sustaining procedures.
Chambers did not designate a power of attorney or anyone to serve as medical decision maker in the event of his incapacitation. He has not been declared incapacitated, however, so the family decided to put the life-or-death question to him.
On September 8, after having been off morphine and other mind-altering drugs for 10 hours, the family assembled in Chambers's room at Naples Community Hospital. Present were Viola Chambers, 10 children and Chambers's treating physician, Dr. Kenneth Bookman.
"We all believed that daddy would elect to discontinue the ventilator," Potter told WND. "I went there with the determination that if that's what he chose, I would support him and stand there and love him and not leave that room until he left us."
Again, Chambers surprised them.
"He was asked specifically if he wanted to stay on the ventilator and his answer was 'yes,'" wrote Bookman in a notarized letter documenting the event, a copy of which was supplied to WND.
"He was asked if he understood that he would likely never go home again, and would likely live in a ventilator facility, on the ventilator, for the rest of his life and his answer was, 'yes,'" Bookman's letter continued. "He was asked if he wanted to be removed from the ventilator and his answer was 'no.' He was asked if he understood that he would die if he would be removed from the ventilator and his answer was, 'yes.'"
Bookman states he felt that Chambers was off of sedation and aware enough to comprehend and make decisions regarding life support.
What reportedly happened next shocked Potter: "When my father said that he wanted to live and he wanted to be treated, my mother said to him in very emphatic tones, 'Jim, do you really want to live in this body? Don't you want to go to heaven and be with Jerry?' He's my younger brother who died. And she said it twice. And the room absolutely went nuts. Everybody was outraged that she was trying to talk him into dying. ... He just stared at her as if she lost her mind. He didn't respond at all."
When contacted by WND, Viola Chambers declined to comment.
According to Iowa law, a living will "may be revoked in any manner by which the Declarant is able to communicate the Declarant's intent to evoke."
Bookman, Potter and her siblings considered the Iowa living will revoked and transferred Chambers two weeks later to Anne Maria Rehabilitation and Nursing Center, a facility that specializes in rehabilitating ventilator patients, in North Augusta, South Carolina.
'Revoked' living will lives on
According to documents filed with the court, Chambers's new treating physician, Dr. Nicholas Sanito, found Chambers "awake, alert and interactive" during an examination on September 26.
"He shakes my hands. He was trying to speak, but I couldn't read his lips all that well," Sanito wrote.
Another assessment completed of Chambers on Sept. 28 by Angie Beverly, the activities director at the facility, found Chambers could see, hear and comprehend and that he "tried to communicate."
"He could sometimes make himself understood and ... tried to use tools, such as a white board and marker and a magnetic letter board to communicate. He wrote a letter on the white board, although it took tremendous effort. He has a strong desire to communicate," Beverly concluded, according to a synopsis of the assessment provided to WND.
Viola Chambers, however, informed Sanito and the nursing staff about the Iowa living will and a Do- Not-Resuscitate order and acted to enforce both. Potter asserts her mother requests morphine and another drug be dispensed to her father in such a way that he is infrequently sober enough to communicate and ordered the removal of all communication devices from his room, including his nurse call button.
Mrs. Chambers also denied her husband medical treatment for pneumonia and ordered he only be given "comfort care," according to Potter.
The nursing home administrator, Marcy Drewry, was unavailable for comment.
While their father's lungs slowly filled with fluid and his extremities began to swell, Potter and her siblings mobilized to save his life, which meant knocking heads with their own mother.
"I can only say that she is not well," Potter said, adding that she believes her mother suffers from the adult version of the mental health disorder, Munchausen by Proxy. "She's on a mission now. I don't think there will be any reasoning with her in this process. The power is simply going to have to be taken from her hands."
Following South Carolina law, the nursing home staff considers Viola Chambers to be the person with the authority over the patient and the person they need to answer to. The Adult Health Care Consent Act gives the spouse the highest priority to make medical decisions in the absence of a health care power of attorney.
After Potter and her siblings filed a police report accusing their mother of "elder abuse," the state agency designated by the Department of Social Services to investigate such complaints looked into the matter. Susan Garen, the regional Long Term Care Ombudsman, confirmed Viola Chambers had the authority to direct her husband's care. After consulting with the State Long Term Care Ombudsman, Jon Cook, Garen concluded no investigation would be done.
"Mr. Cook determined that it is not within the scope of the long term care ombudsman to determine if the decisions made by the medical decision maker were in the best interest of the resident or not," Garen wrote in an October 6 report.
"No agency gets involved in family disputes. If there is a family dispute then we ask that they settle that in court to determine guardianship," Cook told WND. "On cases where there's a legal representative, we really have to do what they say. Especially when there's a living will that hasn't been revoked."
When WND informed Cook that family members assert the living will was revoked, he replied: "That's up in the air. I haven't seen anything that says it's revoked. Nobody can prove it is. That's why I wanted the probate court to handle that. We just can't get involved."
The hands-off approach to the case by state agencies charged with the responsibility of advocating on behalf of the vulnerable was similarly experienced by those seeking to preserve Terri Schiavo's life.
Dispute lands in court
On October 6, Randall Chambers filed an emergency petition seeking appointment as temporary guardian of his father. Six days later, according to court documents, Viola Chambers countered with her own petition.
"As his wife of 58 years, I am far more intimately aware of my husband's wishes and desires as it pertains to his health care treatment than any of my children," stated Viola Chambers in the petition. "I therefore object to the appointment of my son, Randall Chambers, as temporary Guardian for my husband as his appointment will undermine and deprive my husband of the healthcare he wishes and desires and which he has expressed to me on many occasions and also in writing."
The court appointed an independent guardian ad litem, Paige Weeks Johnson, to investigate the case and make a recommendation to the court on behalf of Chambers. In her preliminary report, Johnson recommended the court order the ventilator and feeding tube not be removed until further order of the court, and until she has the opportunity to speak with the treating physician. Still, the authority to make other treatment decisions rests with Viola Chambers.
As their father crept closer to death in the absence of antibiotics, according to Potter, the siblings trained their sights on the treating physician at the nursing home. They faxed him a letter asserting their mother had breached her fiduciary responsibility to their father. They attached Bookman's letter along with the 10 affidavits from family members all swearing Chambers had revoked the living will and wanted to live.
"We told the doctor, 'We will sue you if anything happens to our father.' We believe that has gotten him to be a little more involved," said Potter.
Chambers was subsequently transported to the hospital where he is now receiving treatment for the pneumonia. Meanwhile, the guardianship battle continues.
"I can't believe what you have to come up with in order to preserve this life – this vibrant, strong man who wants to live," said Potter. "It's incredible."
This should be a non-issue if he is alert and oriented. The article is somewhat vague.
He is on a ventilator....does he have a trach or is he intubated? There is a difference. If he has a trach, there will still be mechanical ventilation until it is determined he can breathe on his own. That is a process which takes time. If he is intubated, an elderly patient especially may be kept sedated to keep him from trying to remove the tubes.
The feeding tube is also not an issue. If his injuries have afffected his ability to swallow, then of course he would have a tube.
Much depends on the documentation from the doctor. What did he document of the conversation reported? What has the nursing staff documented in their notes?
I will be interested in following this.
Why?
Early Dementia
Early Alzheimer's
Greed
A refusal to be overburdened with the care he will need
A sincere belief she is doing the right thing
This is what was wrong with the Schiavo case. There are times motives must examined closely in these cases. This is one of them.
Family dynamics are strange. There are alliances in families and usually each parent has a child as an ally in any major dispute. That all 10 children disagree with her decision and if no one is siding with her is telling.
I wonder what the family was like before the accident. What was the marriage like? Were they miserable? Is this her "out?"
Going to heaven to be with an in-law is a strange, inappropriate comment. Forget that!
Very, very sad. It is indeed a world gone mad. Thank you for sticking up for the truth and righteousness. It will be to your credit eternally.
Herein lies the danger of the 'living will'. If the patient is communicating the desire to live, by whatever method that might be, the ideal would be to allow that wish to stand, until it may be revoked by a different communication.
If a person has a living will, they are just as good as dead (IMHO), because there can be any number of legally argued reasons to suggest that the patient is no longer of sound mind.
It is my opinion that when push came to shove, Mr. Chambers no longer desired to be on the other side of the ground. He found that life was indeed a gift, even if it was one that was not his earlier ideal. One day each of us must come to terms with our own imperfections in life, and choose whether we view that life as one worth living.
I think his children attempted to discern from their father what he wanted, and would honor that wish either way. That they all sided against their mother on this shows me that his current wishes were not what Mrs. Chambers had in mind.
People who think that living wills are a panacea just don't get it. They can be used against you, too. This case just illustrates that sad and terrible reality.
"He found that life was indeed a gift,
even if it was one that was not his earlier ideal."
bump
Hi, friend! :-)
Hi, Ohioan -- good to see you, too! but I'm so sorry to read of this ending.
here's local mention -- online 10/25 Grand Island Independent:
Jimmy Chambers, 79NORTH AUGUSTA, S.C.- Jimmy Lloyd Chambers, 79, of North Augusta, S.C., died Monday, Oct. 24, 2005, at Anne Maria Rehabilitation and Nursing Center in North Augusta.
Services are planned for a later date in Cotesfield and Yuma, Ariz.
Platt's Funeral Home in Evans, Ga., is in charge of arrangements.
Mr. Chambers was born Nov. 15, 1925, at Cotesfield to Lloyd Oberlin and Blanche (Dorr) Chambers.
Survivors of his immediate family include his wife of 58 years, Viola (Cummings) Chambers of Yuma; two sons, Jimmy Chambers Jr. of Naples, Fla., and Randall Chambers of Evans; and three daughters, Sherry Kilgore of Lebanon, Penn., Deanna Potter of Naples, and Candace Chambers of Louisiana, Mo.
looks like some siblings aren't listed; one is local (Evans, Ga).
fwiw.
Having the unpleasant experience of dealing with an Alzheimer's and dementia patient(my mom), His wife may have health issues. I've stated my opinion on this particular issue before.
Having said that, may Jimmy rest in peace in the arms of the Lord...
I'm sure you want, as I do, to find out
just how he did die.
Keep an eye out for a follow-up article. He may have died from natural causes, but it sure seems unlikely.
Wow. Unbelievable. I just went and tore up my living will/advanced directives until I figure out how to guarantee that I can stay in control of MY life.
Thank you so much for following Dad's story. Diana Lynne told me about this thread and I have spent a bit of time reading, crying and laughing at your posts. I want you all to know that my Dad died under suspicious circumstances and we have demanded an investigation. I saw him 10 hours before he died and he was blowing me a kiss when I last laid eyes on him. He was anxious and ready for the hard work ahead.
This is not over. We strongly want justice for my Dad and we want to expose this culture of death for what it is. I know many of you have questions, and if I can give you any answers, I will. I have so few answers myself, though.
To answer a few that I have seen:
There is no big insurance policy or inheritance. My father was a humble, hard working American who saved what he could, but he was not wealthy by any means. I can only say that the idea of disconnecting my Dad's life support came to my Mother the day after his surgery. After that she was absolutely driven to accomplish that goal. I have no explanation other than to say that she is very, very sick.
There are only 5 surviving children. The other witnesses in the room were inlaws and grandchildren. There were actually 12 witnesses plus Dr. Bookman in that room. My mother and oldest sister did not submit an affidavit of what happened in that room.
The courts appeared to be moving in the direction of having Dad direct his own health care decisions and we were moving quickly to make sure that he would assign one of his pro life children as Medical POA. He was off of the heavy narcotics and was growing stronger and more alert every day. He suffocated to death between 4:30 and 5:00 am on October 24th.
God bless you all
Joe, although no local news source published the story, several have heard it. Check with Kate Lewis at the Augusta Chronicle. Also, you might want to view the Channel 12 news clip of the SC Governor's bike outing on Sunday October 8th. The man standing behind the governor with a sign reading "Murder by Bureaucracy" is my oldest brother.
Hi, DadsGirl, welcome to FR. What a tough situation, for sure, one none of us would want to be in. I wish you well in finding out more about what happened, and ultimately, for peace for you and your family.
Thank you, dadsgirl, you have done him justice here. I am a grandchild. A lowly peon with absolutely no rights in this case. All I have ever had is my love for my grandfather, Jimmy Chambers, and my respect for his authority. As a child his presence overruled even my own father. We all agreed that any decision that he made was to be upheld, because it was solely his choice. He was not insane or riddled with Alzheimers. He was a kind, strong, loving man whose life centered around his grandchildren, his children, and his wife. His relationship with his wife seemed fine. I realize many readers are astounded by these circumstances and it is hard to get by the initial facts of our story. It seems there must be something underneath. Here it is. I have been in the center of the situation for the last months in Augusta. He asked if rehab was an option, and it was. He needed to know if he would be vent dependent for life, he was told it was a possibility. He agreed that he wanted to attempt this. Why haven't people upheld his own will? We can't figure that out; there was never a need for anyone to speak for him. Why did his wife want to extinguish his life? We can't figure that out either, some have suggested possible mental disorders, some do not guess. We were a very close family. We are now divided and will forever remain that way. The law did not protect his rights, the law gave and continues to give me no rights at all, the law is a magnificently complex beast complete with inherent flaws and it failed this time. All we have been left with is a destroyed family, unanswered questions, and insurmountable grief. As far as living wills are concerned, I must say this: If I choose to end my life, for whatever reason, by jumping from a building I hope there is not someone there waiting to push me in case I change my mind. To all my family and those who have cared enough about the lives of others and progressing the law : All my love and thanks.
billbears, I hardly know what to say to you. The fact that my Dad was in South Carolina somehow makes it none of your business? The reason I wanted Dad's story to be told is because it is everyone's business when an attempt is being made to take someone's life against their will and their wishes. You are your brother's keeper, whether you like it or not.
May God have mercy on you.
ping to above post
Hi, DadsGirl -- check your freepmail (top of page).
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