High Court Ruling to Jail Latimer a Cruel Decision

THE DOCTOR GAME BY W. GIFFORD-JONES, MD

So the Supreme Court's four wise men and three wise women have sent Robert Latimer to jail for least10 years for the mercy killing of his daughter, Tracy. It's a cruel decision that should have been challenged by the very people who applaud it. And how many people realize it was "intervenor status" that really sent Latimer to jail?

The learned justices ruled that Tracy's situation was not a medical emergency. That her medical condition was manageable, and that Latimer should have understood that. But if they had ever witnessed a single epileptic attack in a rural farm house they would know this is an emergency. And if their child, like Tracy, was having six epileptic attacks a day, no one could convince them that doctors had "managed" the problem. This 40-pound girl suffered from spastic quadriplegic cerebral palsy. Her muscles were in such spasm that her right hip was repeatedly dislocated. The only painkiller prescribed for her was Tylenol!

A hip dislocation is not pleasant for even the healthiest person. But Tracy suffered several dislocations and was unable to use morphine because of her anti-seizure drugs. That is agony! It's an "emergency." And it's not "manageable." Luckily, most people fighting an emergency medical situation either live or die. But Tracy went from one emergency situation to another. Moreover, doctors, rather than ending the agony, were continually adding to her misery.

I would hate to be the surgeon who was involved with her care. He knew that she had already undergone major surgery to balance the muscles of her pelvis. Another major operation to treat curvature of the spine. Still another to repair her dislocated hip. All these procedures caused great pain. Lastly, it was ultimately planned to remove the large bone in her upper leg to relieve spasms and repeated dislocations of the right hip. All this "treatment" for a 12-year-old girl who was immobile, barely able to communicate and who had the mental capacity of a four-month-old child.

My God! Faced with much lesser problems, our dog would be put out of his misery immediately. A horse would he shot. For dogs and horses there's a Society for the Prevention of Cruelty to Animals, but none for humans. If Tracy's medical treatment had been inflicted on an animal for 12 years, its sadistic owner would be hauled into court, and the story would be headlines in every newspaper across this country.

Ethicists, Cardinals and advocates for the disabled say this Supreme Court decision sends a message about the sanctity of life. And that Tracy did not consent to being killed. Of course, she couldn't consent with the brain of a baby. Nor could this poor child explain to surgeons the extent of her suffering, or to beg them to stop it.

One of the great tragedies of this case is that few people know what really sealed Latimer's fate. It was "Intervenor Status." Latimer's lawyer was allowed a single hour to defend him! Then, for the rest of the day the disabled, anti-abortionists and religious groups implored the Supreme Court justices that Latimer must be sent to jail. Small wonder who won.What a misfortune that Latimer and Tracy could not count on the disabled for help. Surely those living with disability should be more attuned to the fact that there is a point when life becomes intolerable.

But organizations for the disabled invariably act as if the rest of mankind is lurking behind every corner to kill anyone with disability. They could ease a huge amount of suffering if they would rid themselves of this paranoid psychology and provide support for everyone who needs help, and remember that those who fight for more humane treatment, fight for all humans, including the disabled.

What a shame not one member of the Supreme Court disagreed with this cruel decision. I'm sure that if they had been forced to care for Tracy in their own homes for 24 hours it would have changed their definition of what constitutes a "medical emergency." And what is "manageable" and what is "humane."

The sad point of all this is that Latimer's opponents won the case. This means the rest of us who don't want to suffer to the last drop of blood also lost. Isn't it time that the Supreme Court heard from the majority of Canadians who believe Latimer received a merciless decision?

If you believe as I do that the law that sent Latimer to jail is an ass write to me. If I get enough letters I'll personally deliver them to the Prime Minister and the Governor General.

Letters can be sent to me at:

First Canadian Medical Centre,
1 First Canadian Place, P.O. Box 119,
Toronto, Ontario M5X 1A4.

Re-published from The Winnipeg free Press Tuesday April 10th, 2001