Terri Schiavo

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The Case of Terri Schiavo

The following is an answer to a letter that asked what the Terri Schiavo case is about, why the case has created such fuss or confusion, and what the case leaves us with.

This is a very tough situation for all involved -- and mind you I'm not at all involved. I just discuss the case as part of what seems to be my running commentary on Florida law.

You're left with a woman who suffered a heart attack 15 years ago, who essentially died but was resuscitated, though not entirely. Her brain had suffered enormous damage from the heart attack. As time passed, her brain further deteriorated -- to the point where much if not most of her cerebral cortex (the portion of the brain that controls conscious thought, among other things) was literally gone, replaced by spinal fluid. Doctors hired by Terri's husband say the deterioration of Terri's brain left her without thoughts or feelings, that the damage is irreversible, and that Terri's life-like appearance is merely the result of brain stem activity -- basically involuntary reflexes we all have. An independent doctor hired by the court reached the same conclusions. Doctors hired by Terri's parents did not dispute the physical damage done to Terri, but they claim there are new therapies that could improve her condition. In two separate trials, the trial court found such claims of potential improvement to be most unlikely. Terri's body continues to function without her cerebral cortex. She is kept alive by a feeding tube surgically inserted into her stomach. She cannot eat through her mouth without a strong likelihood of choking to death.

You're left with a husband who lived with his in-laws following Terri's heart attack, who apparently provided care and therapy for years but who later came to believe Terri would never recover. He believes she would not have wanted to be kept alive in this brain-degenerated condition by a surgically implanted tube. He is apparently willing to continue his fight to achieve what he believes Terri would want despite ridicule, hatred, expense, and threats.

You're left with parents who were once allied with Terri's husband in an effort to care for Terri and restore her but, unlike Terri's husband, they never lost hope. They believe Terri reacts to them and has conscious thoughts. They believe Terri would not want, and does not want, her feeding tube removed, and that some ability to learn could be restored through new therapies. Terri's parents are willing to continue their fight to achieve what they believe Terri would want despite ridicule, hatred, expense, and threats.

You're left with judges who have been placed in the utterly thankless position of applying Florida law to this impassioned situation. Florida law calls for the trial court to determine what Terri would choose to do in this situation. After the trial where both parties had presented their opinion about what Terri would do, the court decided that it was clear that Terri would choose not to continue living by the intervention of modern medicine and that she should have her feeding tube disconnected. In a second trial brought about by the claims of Terri's family that new therapies could restore her and the existence of these therapies would make her "change her mind". The trial court listened to both sides again and determined that no new therapy presented any reasonable chance of restoring Terri's brain function. Each time, the court's decision has been unanimous.

The text is adapted from Abstract Appeal -- by Matt Conigliaro where you may find additional info on the case.
resuscitate
irreversible
degenerate
dispute
apparently
ridicule
expense
restore
impassioned
utterly
unanimous