HOW TO DEAL WITH HEALTH AND MEDICAL PROBLEMS
(Part I has been omitted for brevity, the remainder is presented unedited)
II. HOW PROSECUTION BEGINS IN CASE OF DEATH
In order to act wisely in a case where a person dies, it is helpful to
know how such cases come to be prosecuted. How does the District Attorney's
office even become acquainted with information? Such information can come
to them through a complaint by anyone that knew a doctor was not called
or medical aid refused, such as a neighbor who was previously told about
the parents' religious beliefs, a relative who happened to be visiting or
from any other similar source. It may also come through more official
channels, such as facts gleaned by police or fire officials called in as
members of a respiratory squad. Also, if no doctor signs the death certifi-
cate, generally speaking the Coroner's Department will hold an inquest to
determine the cause of death. This will most likely bring out the fact
that no doctor was called. Such a fact would be a "red light" to the District
Attorney.
Generally speaking, when these cases come before the District Attorney,
he has the discretion as to whether or not he will prosecute. As this type
of case is not so well known as the obvious type of crime such as murder or
robbery, there is always the possibility that he might choose not to prose-
cute. This is the type of circumstance where a "contact" is invaluable.
The prosecutor might easily be persuaded by a friend to drop the matter so
long as the newspapers have not made major news of it.
The fear along this line is that the case will fall into the hands of a
newly-appointed Assistant District Attorney. Such men are customarily
extremely zealous. They want to make a "name" for themselves.
III. SUGGESTIONS FOR AVOIDING PROSECUTION
The following suggestions, although by no means a guarantee, will definitely
aid in avoiding prosecutions and notoriety in the event a death should ensue
from other than natural means.
1. Don't say anything:
This is the first and foremost rule in every criminal case. The importance
of this one rule cannot be overemphasized.
Avoid telling anyone how long the person was sick. Avoid telling anyone
that you knew the person was seriously ill. Avoid telling anyone when
the illness first became serious. Don't mention divine healing.
This general rule of not saying anything, like all others, has its
qualifications. If a person would absolutely refuse to answer every
casual question of inquiry, it could result in a full-blown investigation.
But is this so bad? Even if an investigation is held, if it can turn
up no detrimental facts, there is no problem.
On the other hand, if the person does speak, and does give the right
answer, you can perhaps ward off an investigation. But if you do speak
and say the wrong thing, then your statements could be the very basis
of a successful prosecution.
Remember, there is absolutely nothing that a State Official is going to
be asking about that is going to be to your benefit. The only informa-
tion he is going to be seeking, is not information to free you, but
information to prosecute you. Always keep in mind that everything you
say that is detrimental will be fed right back to you in court.
In the initial investigation of the case, a little tact in refusing to
answer these questions would be highly beneficial. To state, "I'm
not going to answer any questions; I don't have to; I know my consti-
tutional rights," would obviously only serve to clash with the carnal
mind. Some practical reasons should be thought of such as the parent
merely saying. "Please, sir, I'm just in no mood to talk to anyone or
answer any questions. Please just leave my wife and me alone." If
you are just a witness, there is no better way out than the old time-
worn cliche, "Look, I just don't want to get involved."
Remember, if circumstances become pressing and time is needed, never
forget the famous statement, "I'm sorry, but my attorney has instructed
me never to say anything under circumstances like this until I've had
a chance to talk to him first."
2. If legal circumstances or wisdom demands that you answer, then be
succinct and discreet.
Keep in mind that the officials don't know everything you know, and
the little they do know, they really don't fully comprehend. Too often
an investigator will just strike out blindly, acting as though he has
all the facts, and the victim will just "spill the beans."
If the investigator should know something about anointing with oil,
there is no need to assume that he knows that the practice of medicine
is held in disrepute. It might be good to draw an analogy to the Catholic
Church, and the fact that, "We, as they, anoint with oil."
When one minister at the scene of a death was abruptly asked by an
investigating officer, "Who are you?" he simply replied, "A friend."
No further questions were asked.
If you are known to be a minister, and asked why you are there, a general
answer that might suffice would be: "I just came to perform my general
ministerial duties of offering spiritual encouragement and as a family
friend."
Do not mention faith healing under any circumstances. It cannot be
introduced during the trial as a defense. It will only serve to raise
antagonisms at the time of the inquiry and make the whole case newspaper-
worthy. It can always be brought up later if it is to the person's
advantage.
Deny any knowledge that the ailment was serious. Or if this cannot be
done) then: (a) Place the time when the seriousness first became
apparent as close to the time of death as possible. (b) Take the shortest
period of time possible for the length of the illness. (c) If the
question of a doctor should arise, it might be met with, "If I had any
idea that she was that sick and that a doctor could have healed her,
I certainly would have called him immediately."
3. Befriend a doctor with at least an affinity for our religious beliefs.
The calling of a doctor, during the last stages of a very serious illness,
could work for good or for evil from the legal point of view. On the
one hand, if he were called in soon enough to ascertain the cause of
death, and was of a friendly attitude, he might sign the death certifi-
cate and thereby avoid any Coroner's inquest.
On the other hand, a doctor might recommend some course of medical
treatment that he feels would absolutely save the person's life, but
which we would consider absolutely inimical to God's laws. If the
person died, then the doctor would be a powerful witness for the
prosecution not only to prove gross neglect but proximate cause as well.
Also, unless the doctor held an affinity for our religious beliefs,
he could contact the District Attorney if the patient was a minor and
request that a court-appointed guardian be named. The court could then
take custody of the child, and the guardian consent to such a course
of medical treatment.
The worthwhile physical knowledge that a doctor does have to offer should
be taken into consideration and, depending upon the circumstances, weigh
heavily in favor of consulting or calling one in.
4. When rejecting medical service on drugs, predicate the refusal on the
grounds of risk or potential adverse results.
One of the most practical and valuable ways of rejecting certain medical
services or drugs is to base the objection on the grounds of risk.
A procedure might be to ask a doctor: "What are the chances of the
operation being a failure? What are the chances of it being useless?
What are the chances of it being harmful? What are the chances the
drug will have an adverse reaction?" etc.
If the doctor should remark the odds are 70 to 30 in favor of success
or lack of any adverse reaction, the patient or parent can meditatively
contemplate the answer. He could then state, "I just don't feel I
should take the chance. It just seems it would be better off to do
whatever else we could and then let nature take its course."
If the matter is serious enough and the particular doctor sees no
possibility of adverse effect but only 100 percent success, then the
patient or parent can merely state they would like to obtain further
consultation and advice on the subject. It is almost always possible
to find other medical advice which would take a contrary position.
It can be contended then that the adverse consultation was relied upon.
5. Keep knowledge of illness restricted to as few people as possible.
During the steps when an illness becomes serious, keep as many people
out of the house as possible. Do not tell outsiders about the serious-
ness of an illness or your belief in divine healing. The more people
that have knowledge of the subject, or are present during the final
stages, the more potential adverse witnesses you have. Only one antag-
onistic person, with a sufficient amount of first-hand knowledge, can
furnish enough testimony upon which to pass a successful prosecution.
It should also be considered that when a Fire Department respiratory
squad is called it is generally customary that the police are also
notified. This, of course, should not in any way deter the calling
of such help if it appears they might save such a life. However, a
private ambulance service which maintains oxygen and respiratory
equipment might be kept on file, and utilized when needed, rather than
the public services.
6. Do not attend an informal, requested hearing at the District Attorney's
office, unless unusual circumstances dictate otherwise.
A strong general rule is that a parent should never go to the office
of the District Attorney to discuss such a case. If circumstances
should for some reason require him to attend, then under no circumstances
should he go without an attorney.
Another fact is very important. In one case the prosecutor admitted
that he could never have tried the case without the statements given
by the mother. After the child had died, she stopped in his office,
at his request, and told him everything about the case She even signed
a statement to that effect. She also made statements to certain officials
in the Coroner's office. They proved certain facts that he could not
have proven otherwise.
7. Don't involve the Church.
Beware of advising people and involving the Church. People are free
moral agents and must make their own decisions. They must learn to
stand on their own feet.
The Church must come before individuals. Don't make the Church re-
sponsible for lawsuits. Help people in order to protect the Church,
but let people help themselves where possible. Don't try to live their
lives for them. Don't obligate the Church.
Don't be hostile toward doctors and hospitals. When brought into
contact with medical men, be friendly, but firm. Be careful not to
mention the Bible, religion, or the Church of God.
IV. WHAT TO DO IN CASE OF AN UNTIMELY DEATH
When there is an untimely death in the Church with overtones of divine healing
having been relied upon, prompt action is necessary in order to avoid prose-
cution and bad publicity. Therefore, here is the procedure to follow:
1. In the event of an untimely death of any member or prospective member
or one of their children, and it is under any circumstances other than
that which would be considered absolutely normal in the world's eyes
(i.e., in the hospital, a doctor in general attendance with basically
full medical aid being given, etc.), the local minister should immediately
contact Headquarters by telephone and notify us of the circumstances
which would include the names and telephone numbers of all persons either
directly involved or witnesses.
2. After receiving this information, either Mr. Rader or Mr. Helge can
consult with the local minister by telephone and ascertain if there is
potential criminal liability or bad publicity for the Church member,
the minister or the Church. If so, one of them may need to fly to the
area and personally question and counsel parties involved.
V. PREVENTION IS THE BEST CURE
Remember to instruct the Church members ahead of time on the principles of
health and measures to prevent serious illness. Increasingly, we need to drill
them on this type of general health and diet information so that they can
decide what to do in case of sickness without the minister constantly having
to "suggest" nearly every step they take. Teach them to truly GLORIFY God
in their bodies. This is part of the direct Gospel commission.
Also, teach them the truth about deep, living FAITH in God so they WILL
automatically trust Him when a crisis comes. Then, again, the minister
won't have to be constantly "suggesting" or encouraging measures of faith
at a time when, legally, they ought to be deciding on their own without
the Church having to be directly involved. We cannot "legislate" the degree
of faith for people to exercise in a crisis -- or any other time.
Do build that real understanding and faith ahead of time. Definitely have
special sermons and Bible Studies on health, diet, disease and on how to
TRUST in GOD for healing - - and WITHOUT getting the Church involved in
legal disputes! Then, if legal problems arise -- and far fewer should
this way -- follow the course outlined above and instruct all the members
in this ahead of time, as well.