Evan Bayh's really on top of things

[kliljedahl]

Here's an E-mail I received today:

June 9, 2005



Dear XXXXX:

Thank you for contacting me regarding the case of
Theresa (Terri) Schiavo. I appreciate hearing your thoughts and understand the seriousness of your concerns.

As you know, Terri Schiavo suffered severe brain
damage as a result of a heart attack in 1990. Since that time, she was under constant care in nursing homes and a hospice and, until a court order which took effect on March 18, 2005, was fed and hydrated by tubes. A series of court decisions found that Mrs. Schiavo was in a permanent or persistent vegetative state, that her husband was her legal guardian, and that he had the right to make decisions regarding her care. The Florida courts determined that Mrs. Schiavo would not have wanted to receive artificial life-sustaining treatment.

On March 20, 2005, the Senate passed by voice vote a
bill to allow the federal courts to review the Schiavo case, to be absolutely certain that the due process of all involved was upheld. This bill passed the House of Representatives and was signed into law by the President on March 21, 2005. A Federal District Court, a Federal Appellate Court, and the United States Supreme Court refused to order that the feeding tube be reinserted.

This case has raised extraordinarily difficult questions. I have given it a great deal of thought and, while I remain troubled by anyone's impulse to abandon life, I cannot pretend to understand what it is to live in a persistent vegetative state, or to understand the pain and anguish felt by those told their loved one is in such a condition, with no chance of improvement.
Hopefully, future research will eliminate the need or desire to withdraw life-sustaining care in these types of situations. Until then, however, the courts and legislative bodies that address this issue must adequately balance the right of citizens to control their own fate with the responsibility of our government to protect those same citizens and ensure sufficient due process when individuals are incapable of making decisions about their health care.

Certainly, individuals can do their part to avoid such tragic disputes, guide their loved ones, and ensure their wishes are fulfilled, by completing advance care directives and living wills. You may be interested to know, I am a cosponsor of S. 347, the Advance Directives Improvement and Education Act of 2005. Among other provisions, this legislation would provide for Medicare coverage of end-of-life planning consultations and establish a national public education campaign to raise awareness of the importance of planning for care near the end of
life.

Again, thank you for contacting me. I hope the information I have provided is helpful. My website, http://bayh.senate.gov, can provide additional details about legislation and state projects, and you can also sign-up to receive my monthly e-newsletter, The Bayh Bulletin, by clicking on the
link at the top of my homepage. I value your input and hope
you will continue to keep me informed of the issues important to you.

Best wishes,





Evan Bayh
United States Senator

EB/mc

Sincerely,

Evan Bayh


Keith’s Barbeque Central