Personal Stories
Most New Yorkers are unaware of the law regarding medical decision making
for incapacitated patients. This page will tell some of the true stories
of
patients and families that illustrate the problems.
Paula Baez
Name: Paula Baez
Born: June 17, 1949
Died: February 12, 1999
Written
by: Sonia J. Sierra
(niece of
Paula Baez)
As a typical Puerto Rican family, we are taught to live with the
traditional ways of our culture passed down from generation to generation.
We are taught to take care of our own. Tradition states that we take care
of our family members and elders in their times of need. We do not
institutionalize our family members, because of the way they look or their
medical problems.
This story is written about Paula Baez, known to us as "Paulita".
As far back as I can remember, she has always been a part of our lives.
She was accepted for who she was. She was special, she had Down's
Syndrome. Our grandmother never let us put her in school, she felt that
she was responsible for her and had to take care of her till the end. Even
though she was "different" to some people, we never saw
what other people saw in her. She had lived with us and was always taken
care of by the family.
Medically, I do not remember her ever being sick. She had routine
colds, but never had been hospitalized for anything. At the time she got
sick, she had already turned '49', this would be considered a miracle of
life. We were told by her physician, that the life span of a Down Syndrome
child would be in the 30's. She out lived her life span, because of the
way she was treated and taken care of by her family.
One day she got sick, we took her to her physician. At first, the
physician was receptive of us telling him about her symptom. We discussed
that she was in pain and also other problems that she had been having
recently. The doctor's were confused as to how we would know what Paulita
was feeling. Living with her and taking care of her provided us with the
knowledge to know how she felt and to what
degree the symptoms were affecting her. When she became very ill and had
to be hospitalized, it was a traumatic experience for her and the family.
She was a person that never had been away from us, she went everywhere
with us. She spoke no English, just Spanish. We spent many hours in the
hospital making sure that language would not be a barrier.
Her sickness reached the point where the doctors wanted to insert
a feeding tube for her to eat, the family disagreed. We felt that we could
get her to eat by herself, and not have some tube inserted into her body.
We fought all obstacles put in front of us by physicians and nurses.
Success followed and she started eating by herself or with assistance
when needed. Without prior knowledge, Paulita was discharged from the
hospital. We were faced with a dilemma as to how to continue care.
Since, Paulita had never used any special services or equipment
growing up when the time came for these services to be put in place we
were faced with many obstacles. Services and equipment were continuously
denied. We never gave up and fought long and hard to make sure she was
provided with everything necessary to make her as comfortable as possible.
Persistence paid off and Paulita received her
services.
The second time she went into the hospital, she was very sick. She
had problems keeping her food down, she got weak and could not stand by
herself. We than found out that she had pneumonia. Her condition worsened
and we were informed that she might not survive. She did not have a health
care proxy and we were not her 'legal' guardians. My mother was her
sister, but that still did give her rights to make medical decisions for
Paula.
The discussion arose of using a ventilator to help her breathe.
The family was extremely upset and expressed that under no circumstance
would we want this done. We had had other experiences with family members
who had been put on ventilators and had suffered more than was necessary.
As it happened, she was put on a ventilator without our consent.
Her physician discussed with us, that he would help us as much as
he could, but that the hospital would fight us, because legally we were
not guardians. We spoke to our lawyer, who was shocked to hear that we
were trying to get legal guardianship on Paula, when he knew that all our
life we had taken care
of her and our grandmother. He told us that by the time we got in front of
a judge, Paula might not be with us. Even though we fought it, they did
put her on a ventilator against the families wishes and I am almost
positive hers. But because she could not defend herself and we couldn't
defend her, her rights were taken from her and us. She eventually died
peacefully in the hospital.
I want the world to know Paula's story and how special she was to
us.
We feel that no matter what your medical condition is, every human
being deserves to be taken care of with dignity and respect. To us her
rights were taken from her, because we were not her legal guardians. As
her family, we were the one's who took care of her from the time she was
born till the day she died.
I found it a shame and a disgrace to fight a system, that should
be helping people not harming people. Especially, when I am an individual
who works in a VA hospital with HIV+/AIDS veterans that fought for our
country, and I am a civilian helping people who cannot help themselves.
I don't ever remember any agency or government offices inquiring
on her needs as a human being, but in the end they decided they had the
right to make medical decisions. I don't understand where or who gives
them the rights to decide on human life. No one knows the patient more
than the family. We were the ones touched by Paula and loved her. The
decision should have been made by us the family, not an outside agency who
knew nothing about her or what kind of life she had led. In the end, the
sacrifices this family made meant nothing to a government who only wishes
to control what it does not understand.
As a religious family with traditional values, only one person has
rights over us and can make decisions for us and that is God, not man.
Written
by: Sonia J. Sierra
(niece of
Paula Baez)
Paula's physician's
account