He’s 84 years old, he’s on life support, and he’s being called the Canadian Terri Schiavo. His name is Sam Golubchuk. He’s been in intensive care since October, with pneumonia and pulmonary hypertension, and on life support since early November.. He also has brain injuries sustained in a fall four years ago, which resulted in the removal of part of his brain.
His doctors feel that any further treatment would be futile, and want to withdraw life support and artificial feeding. His family disagree, saying that as an Orthodox Jew, Sam would expect everything possible to be done for him: life must be extended as long as possible, and hastening death is not allowed. Sam’s doctors argue that Sam has only minimal brain activity, cannot communicate, and shows no signs of improving. Two US doctors who have reviewed Sam’s chart, however, believe that his condition is improving. The family claim that he is being weaned off life-support, is awake, and holding their hands.
They took Sam’s doctors to court, first gaining an injunction to stop the life support being withdrawn, and now to confirm that decision. Judge Perry Schulman has not only ordered that life support must be continued until the case goes to trial, he has also specifically ordered that all other necessary treatment be given, and that no Do Not Attempt Resuscitation Order be made.
Under new guidelines issued two weeks ago by the College of Physicians in Manitoba, doctors have new rules about when to take someone off life support. If they cannot communicate with the patient, they must consult with family members, but the ultimate decision is up to the doctors. The lawyer for Sam’s family believes that these guidelines must be revised, and that they should not have been issued to doctors before Sam’s case was decided.
These cases are desperately sad. I’m not a great conspiracy theorist, so I don’t tend towards arguments that the doctors are trying to free up an intensive care bed, or anything like that…I’m sure they’re doing and saying what they feel is in Sam’s best interests. Similarly, the family is doing what they feel is in his best interests. Those two things just don’t match up…
In the UK, under the Mental Capacity Act 2005, people now have the right to make decisions in advance to refuse treatments, even if those treatments would be life-saving. It happened before - living wills etc - but they were advisory documents. These are legally binding.
Not everyone makes advance decisions, or discusses their wishes with their relatives. Not everyone wants to, not everyone gets round to it. The more people who do though, the less we’re likely to have this kind of appallingly distressing situation, where nobody gains but the lawyers.
RIP Sam, whenever.