Right To Die
By Andrea Hayes, Class of 2004
This semester through the Washburn Law Clinic I had the opportunity to represent a schizophrenic man who was suffering from renal failure. Therefore, the state of Kansas appointed a guardian to look out for his best interest and to make his life decisions. However, guardians are unable to make all of their ward's decisions.
A year earlier our client was represented by a former intern at the Clinic. At that time our client wanted to stop kidney dialysis. Due to his renal failure, dialysis is required in order to filter his blood thus keeping him alive. My client was an older man with a limited quality of life. He had little energy, resided in a residential living facility, and was in constant pain. A hearing was held and Probate Judge Yeoman spoke with the Clinic client to make sure he understood the grave consequences of stopping dialysis. The Clinic client explained that dialysis was enormously painful and caused his body to react in extreme ways, such as knotted veins, deep bruises and swelling. Judge Yeoman granted the client's request to stop dialysis.
Following the order to stop dialysis, it was reported to the guardian that the client had been close to death on three occasions. Since our client did not have a Do Not Resuscitate Order (DNR) he was revived each time he went into organ failure. It was now my job, as a Clinic intern and his attorney, to meet with him and find out his desire as to whether or not he wanted a DNR. This involved speaking with him, his guardian, and those that cared for him at the living center where he had resided most of his adult life. Due to my client's failing health, I had to act quickly. Judge Yeoman wanted a hearing concerning this matter as soon as possible.
Within a week and a half, we had a hearing. We initially wanted our client to attend the hearing so Judge Yeoman could question him concerning his decision. Unfortunately, our client's health had deteriorated and he was unable to attend.
At the hearing, SRS's attorney, Jan Maxwell, called our client's physician to testify. He explained that the dialysis was only prolonging my client's life, without dialysis he would die and he was not eligible for a kidney transplant. The physician also stated that another physician agreed with his medical opinion. This was exactly the testimony needed to meet the statutory requirements for a DNR order.
Attorney Maxwell continued her direct examination by calling my client's guardian. The guardian testified that my client did not want to continue with dialysis and that he understood the consequences of his decision. She also stated that my client told her, "I don't want to be hooked up to machines, I would rather die."
For my direct examination I called our Clinic social work intern, Erica Snyder. Upon my request, Synder attended my second visit with my client. On the stand, I asked her what she observed. She told the court that my client was lying in his own vomit and was very sick. Snyder stated that I asked my client several times if he wanted to be hooked up to machines or to die. My client was having trouble communicating with us and we tried having him squeeze her hand or nod his head, but he was unable to do either. Snyder continued that as we got up to leave he grunted out a "No!" — meaning, no he did not want to be hooked up to machines. Snyder's descriptive testimony was vital to my direct examination.
Finally, the attorney for SRS gave her closing and I gave mine. I proffered that I had visited my client alone a week earlier, and he told me his desire to have a DNR. At that time, he was competent to make such an important decision. However, in a few days time his condition had deteriorated substantially.
Judge Yeoman granted the DNR. He also commented that these sorts of cases are very difficult to decide. Two weeks after the hearing, I was notified that my client had died. This news saddened me; however, this was my client's desire.
Having the opportunity to help someone communicate such a vital decision as the right to die, as well as gaining valuable courtroom experience was the most exhilarating experience I have had in law school. I felt satisfied with my performance in the courtroom and with the end result. Participating in the Washburn Law Clinic has allowed me to use the academic and practical tools that I have gained in law school.
