The case of Terri Schiavo is the case of the right to death law in the United States from 1990 to 2005, involving Theresa Marie "Terri" Schiavo ( ; December 3, 1963 - March 31, 2005), a woman in a continuously irreversible vegetative state. Schiavo's husband and legal guardian argue that Schiavo does not want the prolonged support of artificial life without the prospect of recovery, and chooses to remove his food hose. Schiavo's parents denied her husband's statement and challenged Schiavo's medical diagnosis, arguing that it supported artificial nutrition and hydration. The series of legal and publicized legal challenges conveyed by his parents, which eventually involve state and federal politicians up to President George W. Bush's level, led to a seven-year delay before the Schiavo grant tube was finally removed.
On February 25, 1990, at the age of 26, Schiavo suffered a heart attack at his home in St. Petersburg. Petersburg, Florida. He was successfully resuscitated, but suffered massive brain damage due to lack of oxygen to his brain and was left in a coma. After two and a half months without improvement, the diagnosis was changed to a persistent vegetative state. Over the next two years, doctors try to talk and physical therapy and other experimental therapy, hoping to return it to a state of consciousness, with no results. In 1998, Schiavo's husband, Michael, petitioned the Florida Sixth Circuit Court to move his food tube under Florida law. He was opposed by the parents of Terri, Robert and Mary Schindler. The court ruled that Schiavo would not want to continue measures to prolong life, and on 24 April 2001, his food hose had been removed for the first time, only to be reinstated a few days later. On February 25, 2005, a Pinellas County judge once again ordered the removal of Terri Schiavo food tube. Several calls and federal government interventions followed, which included US President George W. Bush returning to Washington D.C. to sign the law to move the case to federal court. After appeals through the federal court system upholding the initial decision to lift food tubes, staff at Pinellas Park's hospice facility broke the food tube connection on March 18, 2005, and Schiavo died on March 31, 2005.
The case of Schiavo involved 14 calls and many movements, petitions, and hearings in Florida courts; five suits in the federal district court; extensive political intervention at the Florida state legislature, Governor Jeb Bush, US Congress, and President George W. Bush; and four denials of certiorari from the United States Supreme Court. The case also spurred the highly visible activism of the pro-life movement, the rights-of-death movement, and rights groups of PwDs. Since Schiavo's death, both her husband and her family have written a book on their side of the case, and both have also been involved in activism over a larger issue.
Video Terri Schiavo case
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Initial life
Terri Schiavo was born Theresa Marie Schindler on December 3, 1963, in Lower Moreland Township, Montgomery County, Pennsylvania, a suburb of Philadelphia. Overweight throughout his childhood, when Terri's teenager stood as tall as 5 '3 "(160 cm) and weighed  £ 200 (91 kg).By dieting, he had lost  £ 65 (29 kg) by the time he attended college. Bucks County Community College, where he met Michael Schiavo in 1982. Both began dating and married on November 10, 1984. They moved to Florida in 1986, following Terri's parents, Michael worked as a restaurant manager, while Terri took the bookkeeping job with an insurance company.
Initial medical crisis: 1990
On the morning of February 25, 1990, Terri Schiavo collapsed in the hallway of her apartment in St. Louis. Petersburg, Florida. Firefighters and paramedics, arriving in response to his husband's 9-1-1 call, found him face down and unconscious. He is not breathing and has no pulse. They tried to make him aware and he was transported to Humana Northside Hospital. Paramedics have been intubated and ventilated.
Initial Medical Assessment
The cause of the collapse of Terri Schiavo was determined as a heart attack. His medical chart contains notes that "he seems to have tried to keep his weight down by his own diet, drinking fluids most of the time during the day and drinking about 10-15 glasses of iced tea." Upon admission to the hospital, he was noted to have hypokalemia (low potassium levels): his serum potassium level was an abnormally low 2.0 ÃÆ'Â ¢ q/L (the normal range for adults was 3.5-5.0 mEq/L). Sodium and calcium levels are normal. Electrolyte imbalance is often caused by drinking excess fluid. The serious consequences of hypokalemia are heart rhythm abnormalities, including sudden arrhythmia death syndrome. Terri eventually switched from being fed by a nasogastric feeding tube to a percutaneous endoscopic gastrostomy (PEG) feeding tube.
Dr. Garcia J. DeSousa, a certified neurologist in St. Louis. Petersburg, Florida, who previously treated Terri Schiavo, took care of him during his initial admission to Humana Northside; he and Dr. Victor Gambone, an internist physician and physician of the Schiavo family, independently made a diagnosis of persistent vegetative status (PVS) within approximately one year after a sudden cardiac arrest.
Relationship between husband and parents Terri
From 1990 to 1993, Michael Schiavo and Schindlers (Terri Schiavo's parents) enjoyed a friendly relationship, with Schindlers allowing Michael to stay rent-free in their condominium for several months.
Rehabilitation efforts: 1990-1993
In November 1990, Michael Schiavo took Terri to the University of California, San Francisco for experimental nerve stimulation with a thalamic stimulator. The treatment took several months and did not work. He returned to Florida with him in January 1991 and admitted him as an inpatient at the Mediplex Rehabilitation Center in Bradenton, Florida. On July 19, 1991, Terri Schiavo was transferred to the Sabs Well Palms Treatment Facility, where she received neurological and regular speech and occupational therapy until 1994. In mid-1993, Michael Schiavo requested that he not re-establish the order after he signed it. urinary tract infection.
Maps Terri Schiavo case
Legal case 1992-2002
Malpractice
In 1992 Michael filed a malpractice lawsuit against Terri's obstetrician on the grounds that he failed to diagnose bulimia as the cause of his infertility. Terri went to the doctor because she had stopped menstruating but the doctor had failed to take into account her medical history that might have revealed an eating disorder. During the case, one of Terri's friends testified that she knew Schiavo was bulimics. In November 1992, Michael won the case and got $ 6.8 million by the jury, then reduced to $ 2 million because Terri was found to be partially guilty of his condition. After attorneys' fees and other expenses, Michael received $ 300,000 and $ 750,000 was put into a trust fund for Terri's medical care. According to Michael, in early 2003 the Schindlers demanded that he share the malpractice money with them.
Petition to remove the filler tube
On June 18, 1990, the court appointed Michael Schiavo as legal guardian of Terri Schiavo; this appointment was not disputed by Schindlers at the time. In May 1998, Michael Schiavo petitioned to retrieve food tubes of Terri Schiavo, which his parents opposed. Richard Pearse was appointed by the court as the second guardian of the litem (GAL), and on December 29, 1998, reported "Dr. Jeffrey Karp's opinion on environmental conditions and prognosis is substantially shared among the new doctors - recently involved in the treatment. "Pearse concluded from the diagnosis of Karp and Dr. Vincent Gambone on PVS that Schiavo is legally in a persistent vegetative state as defined by the Florida Statute, Title XLIV, Chapter 765, Ã,§101 (12). This includes "the absence of voluntary action" and "the inability to communicate or interact intentionally."
Pearse found that there was no possibility of improvement but Michael Schiavo's decision may have been influenced by the potential to inherit what was left of Terri Schiavo's soil as long as he remained married to her. Due to a lack of will and a question about Michael's credibility, Pearse recommends refusing the petition to remove the food tube. Pearse reports that a conflict of interest issue was applied to Schindlers as well since, if Michael divorced Terri as they wished, they would inherit Mrs. Schiavo's remaining possessions after her death.
Schiavo's final life expectancy
Given the lack of survival, the trial was held before Pinellas Provincial Judge George Greer during the week of January 24, 2000 to determine Terri Schiavo's desire for life prolonging procedures. Michael Schiavo is represented by lawyer George Felos, who has won a landmark case of the right to death before the Florida Supreme Court in 1990.
The trial included testimony from eighteen witnesses about his medical condition and his final life expectancy. Michael Schiavo claims that his wife does not want to be kept in a machine where his chances of recovery are so small. According to the Abstract of the Court of Appeal Application, his parents "claimed that Terri was a devout Roman Catholic who did not want to violate the Church's teaching on euthanasia by rejecting nutrition and hydration." Judge Greer issued his order granting a petition for authorization to stop artificial life support for Terri Schiavo in February 2000. In this decision, the court found that Terri Schiavo was in a state of continuous vegetation and that he had made a credible oral statement that he would have wish tube filler removed. This decision was upheld by the Florida Second District Court (DCA 2) and later became known by the court as Schiavo I in a later ruling.
Oral Delivery and Second Trust Challenge
In March 2000, Schindlers filed a motion to allow feeding from Terri, who was not regarded as a life-extending procedure under Florida law. Because clinical records show that Terri Schiavo is unresponsive to the swallowing test and requires a filler tube, Judge Greer decides that she is unable to orally digest sufficient nutrients and hydration to survive, and rejects the request. The Medical Examiner in his postmortem report is more definitive and reiterates that Schiavo can not swallow.
In 2000, Schindlers once again challenged Michael Schiavo's guardianship. The Schindlers suggested that he wasted assets in a trust account by transferring Terri Schiavo to Pinellas Park, Florida's home care "after which it was clear that he was not 'terminal' in the Medicare guidelines" for nursing homes. At this time, while still married formally with Terri Schiavo, Michael Schiavo is in a relationship with Jodi Centonze, and has been the father of their first child. He said he chose not to divorce his wife and release the guardianship because he wanted to make sure his last wish (not necessarily stored in the PVS) was done. The court rejected the motion to remove the guardian, allowing that the evidence was insufficient and in some cases irrelevant. This sets the date of April 24, 2001 as the date on which the tube should be removed.
Schiavo II
In April 2001, Schindlers filed a motion for assistance from the citing judgment of new evidence of Terri Schiavo's wishes. Judge Greer denied the motion was not timely under Rule 1,540 (b) (5) of the Florida Civil Procedure Code. The Second District Court of Appeal affirmed Greer's decision, but relinquished the issue to allow the Schindlers to file a new motion. On April 24, 2001, Terri's food tube was removed for the first time. The Schindlers filed a civil lawsuit against Michael Schiavo accused of perjury, which was assigned to another court. The judge, Frank Quesada, issued an order against the removal of the food tube until it was completed. The food tube was put back on April 26, 2001. At appeal by Michael Schiavo, the Second District Court of Appeal overturned Judge Quesada's order. Within the same time frame, Michael Schiavo filed a motion to enforce the mandate of the trust court (that the food filler tube will be removed). The Second District Court of Appeal rejected the motion. All three of these decisions, all published in a single order by the Florida District High Court, were later known by the court as Schiavo II in his later ruling.
Schiavo III and IV : Challenges of PVS diagnosis
On August 10, 2001, on the resignation of Florida's Second District Court of Appeal, Judge Greer heard a motion from Schindlers claiming that the new medical treatments could recover sufficient cognitive ability so that Terri Schiavo himself would be able to decide to continue life that extends the size. The court also heard the movement from Schindlers to remove the guardian (Michael Schiavo) and asked Judge Greer to resign. Judge Greer denied the movement and the Schindlers appealed to the Second District Court of Appeals. On 17 October 2001, the Court of Appeals affirmed the refusal of the movement to remove and resign. The Court of Appeal acknowledged that their opinion misled the court, and they filed back the question Terri Schiavo wanted to return to court and needed a trial of evidence to be held. The court determined that five certified neurologists should testify. Schindlers were allowed to elect two doctors to present the findings at a verification hearing while Michael Schiavo was able to introduce two rebuttal experts. Eventually, the court itself will appoint a new independent doctor to examine and evaluate Terri Schiavo's condition. (This decision, all published in an order by the Florida District Court of Second Application, was later known by the court as Schiavo III in his later ruling.) In October 2002, on detention by the Second District Court of Appeal, was held in court of Judge Greer to determine whether a new treatment therapy could help Terri Schiavo restore any cognitive function. In preparation for trials, a new axial tomographic scan (CAT scan) was performed, which showed severe cerebral atrophy. EEG does not show measurable brain activity. The five selected doctors were Dr. William Maxfield, a radiologist, and four neurologists: Dr. William Hammesfahr, Dr. Ronald Cranford, Dr. Melvin Greer and Dr. Peter Bambakidis.
The five doctors examined Terri Schiavo's medical records, brain scans, videos, and Terri herself. Drs. Cranford, Greer, and Bambakidis testified that Terri Schiavo was in a persistent vegetative state. Drs. Maxfield and Hammesfahr testified that he was minimally conscious. As part of a court-ordered medical examination, six hours of Terri Schiavo's video was recorded and filed in the Pinellas County courthouse. The tapes included Terri Schiavo with his mother and neurologist William Hammesfahr. The whole tape was seen by Judge Greer, who wrote, Terri "clearly does not consistently respond to her mother". Of the six hours of the video, Schindlers and their supporters produced six clips showing reactions and emotions, totaling less than six minutes, and releasing the clip to a public website. Judge Greer decides that Terri Schiavo is in a PVS, and is beyond expectations for a significant improvement. The court order was critical of Hammesfahr's testimony, which claimed positive results in similar cases by using vasodilation therapy, a success not supported in the medical literature. This ruling was later affirmed by the Florida District High Court, which stated that "this court has examined all the evidence thoroughly," and "we have... carefully examined the overall video recording." The court concluded that "... if we were asked to review the de novo trusteeship decision, we would still confirm it." This decision by the Second District Court of Appeal was later known as Schiavo IV in the next decision.
Around the beginning of 2003, Schindlers began to create more publicity by lobbying for their case to keep their daughter alive. They chose pro-life activist Randall Terry as their spokesperson and continued to pursue their available legal options. On September 11, 2003, Schindlers petitioned the court to prevent the removal of food tubes to provide "eight weeks of therapy". Accompanying the petition were four written statements from a member of the Schindler family and one from Dr. Alexander T. Gimon. At the hearing, Schindlers advisor read the additional statement notes from three professional speakers and two nurses. In particular, Nurse Carla Sauer lyer confirmed that she was able to feed Terri Schiavo verbally but Michael characterized such interactions as "therapy" and told her not to. Iyer claims in his statement that his initial training in 1996 consisted only of instructions, "Do what Michael Schiavo says or you stop," and that the standing order is not to contact the Schindler family, but that he "will call them anyway."
On September 17, 2003, Judge George Greer rejected the plea, and wrote that "The plea was an attempt by Mr. and Mrs. Schindler to demand the case again.This is not even a veiled or covert attempt.This exhibition is unreliable by them clearly indicating this is true. "Regarding Iyer's statement, Greer writes that they are" remarkable to say the least "and that" Mrs. Iyer details what covers the 15 months closing April 1995 to July 1996 which includes staff of the Palm Garden of Largo Convalescent Center, Guardian of the Person, guardian of the litem , medical professional, police and, believe it or not, Mr. Dan Mrs. Schindler... It is impossible to believe that Mr. and Mrs. Schindler will not file a summons to Iyer for a proof of examination in January 2000 that Iyer contacted in 1996 as a sworn statement ".
Terri's Law and other government delays
On October 15, 2003, the Schiavo filler tube was removed. Within a week, when Schindler's last appeal was exhausted, Vice President Frank Attkisson and the Florida Legislature passed a "Terri Law" in an emergency session that gave Governor Jeb Bush the authority to intervene in the case. Governor Bush immediately ordered that food tubes be put back. The governor of Bush sent the Florida Department of Law Enforcement (FDLE) to move Schiavo from the nursing home. She was taken to the Morton Plant Rehabilitation Hospital in Clearwater, where her feeding tube was put back into surgery. She was then returned to the nursing home. Part of the law requires the appointment of the ad content guard (GAL), Dr. Jay Wolfson, to "sum up and represent the best hope and best interests" Schiavo, and report it to Governor Bush. The Wolfson report does not change the role of Michael as his legal guardian and does not preclude him legally.
Michael Schiavo opposes the Governor's intervention in the Schiavo case, and is represented, in part, by the American Civil Liberties Union (ACLU). At the same time, Robert and Mary Schindler, his parents, attempted to intervene and participate in the "Terry Law" case but were rejected by Judge W. Douglas Baird, a Circuit Judge at the Sixth Circuit of Florida, the same circuit as for Judge George W Greer. They filed an appeal, and, on February 13, the Florida District Court of Appeals (Second District Court of Appeal) overturned Baird's decision, allowing them to participate. On March 17, Baird dismissed Schindlers' right to intervene for the second time, and Schindlers, represented by the American Center for Justice and Justice (ACLJ), appealed the right to participate in the "Terri's Law" case, with the scheduling of the court date of the oral argument for June 14th. Another Schindlers lawyer, Pat Anderson, simultaneously challenged Michael Schiavo's right to be his guardian, and, on June 16, he made a petition for the warrio quo warrant.
On May 5, 2004, Baird found "Terri's Law" unconstitutional, and hit him. Bush appealed this order to the Second District Court of Appeals, but on May 12, the court issued a "Order to Release the Case for Entry of the Final Decision and Order to Show the Cause of Why the Trial Process Is Not Certified to the Supreme Court for Requiring Immediate Resolution." The Court of Appeals The Second District, by sending it directly to the Florida Supreme Court, runs a "passing" jurisdiction.
The Florida Supreme Court subsequently overturned the law as unconstitutional.
Deletion of final filler and federal engagement
Initial 2005 movement
On February 23, 2005, Schindlers filed a motion for assistance from the assessment pending medical evaluation. Schindlers want Schiavo tested with fMRI and given swallowing therapy called VitalStim. The movement was accompanied by thirty-three written statements from doctors in several specialists, speech-language pathologists and therapists, and some neuropsychologists, all of whom insisted that a new test be conducted. Patricia Fields Anderson, a Schindler family lawyer, still holds out "that Terri might be able to consume food verbally, despite her past findings that she can not afford it." Judge Greer formally denied the movement and ordered the "removal of nutrients and hydration from the ward" and set the time and date to release food tubes such as, "1:00 am on Friday, March 18, 2005."
On February 28, 2005, Schindlers filed a motion, asking permission to try to give Schiavo "Food and Water by Nature Means." This second movement asks permission to "try to feed" Schiavo by mouth. Judge Greer denied the second movement on March 8, saying "it has become clear that the second movement is part and parcel of the previous movement on medical evaluation." The same declaration was used for both movements and the movement appeared to be an alternative request to the previous movement. experimental. "The next day, Greer rejected the first movement as well, citing that a doctor who believed in Michael warned that fMRI was an experimental procedure that had to be done in an academic setting, since Schiavo had already undergone swallowing and failed tests, and because VitalStim had only been performed on patients which is not in PVS. Greer notes that "most of the written statements of doctors are based on their understanding of Schiavo's condition of the news report or video clip they have seen." Many are clearly unaware of the medical examinations made for the 2002 trial.
After Greer's order on March 18, 2005 to remove the filler tube, Republicans in the United States Congress summoned both Michael and Terri Schiavo to testify at the congressional hearing. Greer told the congressional lawyer, "I have no good reason why the committee (congress) should intervene." He also stated that last minute action by Congress did not overturn court decisions for years.
Sunday Palm Compromise
President George W. Bush and the Republican Congress anticipated the harmful Greer before being sent and worked every day to find an alternative way of reversing the legal process by utilizing the authority of the United States Congress. On March 20, 2005, the Senate, with unanimous consent, passed their bill of assistance; since voting is done through voting, there is no official count of votes in favor and opposition. Immediately after the Senate's approval, the House of Representatives endorsed an identical version of the S.686 bill, later referred to as the "Sunday Palm Compromise" and transferred the jurisdiction of the Schiavo case to federal court. The bill was passed by the House of Representatives on March 21, 2005 at 12:41 am (UTC-5). Bush flies to Washington, D.C. from his Texas vacation to sign the bill into law at 1:11 am.
While the bill has been proposed by Republican Senators Rick Santorum and Mel Martinez, it also has the support of Democratic Senator Tom Harkin due to concerns about the rights of people with disabilities in the Schiavo case. Harkin has worked with disabled rights groups for many years and co-authored 1990 America with Disabilities Act. Disabled American rights groups traditionally tend to be allied with Democrats and political leftists; however, in the case of Schiavo they joined the pro-life organization in opposing the elimination of its food tubes and support the Palm Sunday Compromise. According to Marilyn Golden, Harkin's support is needed to pass the bill, as any opposition vote by Democrats will delay it.
As in state court, all Schindlers federal petitions and appeals are rejected, and the US Supreme Court refuses to grant certiorari, effectively ending Schindlers' judicial options. At the same time, a memo called Schiavo appeared, causing a political storm. The memo was written by Brian Darling, legal counsel for Florida Republican senator Mel Martinez. He suggested the Schiavo case offers a "big political problem" that would appeal to the party base (core supporters) and could be used against Sen. Bill Nelson, a Democrat from Florida, because he refused to sponsor the bill. Nelson easily won re-election in 2006.
Senator and physician Bill Frist opposed the elimination of his feed tube and in a speech delivered at the Senate Floor, challenging the diagnosis of Schiavo's Schiavo doctor in a persistent vegetative state (PVS): "I question it based on a review of a video recording I spent an hour or more looking at night in my office ". Frist was criticized by a medical ethicist at Northwestern University to make a diagnosis without personally examining the patient and to question the diagnosis when he was not a neurologist. After his death, the autopsy showed signs of long-term and irreversible damage to his brain consistent with PVS. Frist defended his actions after the autopsy.
The final localized movement, death, autopsy, and burial
On March 24, 2005, Judge Greer rejected the petition for intervention by the Children's Department & The family (DCF) and signed an order prohibiting departments from "taking Theresa Marie Schiavo or removing it" from the nursing home and directing "any Florida state sheriff" to enforce his orders. The order was submitted to the Second District Court of Appeal the following day, which resulted in automatic delays under state law. While the stay was in effect, the Florida Law Enforcement Department personnel prepared to take the prisoner from Terri and transferred him to the local hospital to reinsert the food tube. After Greer was made aware of his stay, he ordered to pick it up and all the parties retreated. Governor Bush decided to comply with a court order despite the enormous pressure of political rights. If Bush (or the Florida Legislature) ignores Greer's orders by trying to remove him from the care home, a confrontation between the Park Police Department of Pinellas and the FDLE agent could happen. In a joke, an official said local police discussed "... do we have enough officers to hold the National Guard."
Terri Schiavo died at the Pinellas Park hospital on March 31, 2005. Despite concerns that Schiavo will experience significant symptoms of dehydration by removing feeder tubes, research shows that patients who remove their food hoses, such as the Schiavo case, usually have a peaceful death.
After his death, Schiavo's body was taken to the District 6 Office of the Medical Examiner for Pinellas and Pasco districts, based in Largo, Florida. An autopsy occurred on April 1, 2005. It revealed extensive brain damage. The mode of death has been certified as "undetermined". An autopsy led by Medical Examiner Jon R. Thogmartin, M.D. In addition to consulting a neurologist (Stephen J. Nelson, M.D.), Dr. Thogmartin also regulates specific heart and genetic tests to do. The official autopsy report was released on June 15, 2005. In addition to studying the remains of Terri Schiavo, Thogmartin examined courts, medical records and others and interviewed members of his family, doctors and other concerned parties. Neuropathologist Neuropathologist Stephen J. Nelson, M.D., examined a large injury. The brain itself weighs only 615 g (21.7 oz), just half the weight expected for a woman of her age, height, and weight, an effect caused by the loss of a large number of neurons. Microscopic examination shows extensive damage to almost all areas of the brain, including cerebral cortex, thalamus, basal ganglia, hippocampus, cerebellum, and midbrain. The neuropathological changes in her brain are of the type seen in patients entering PVS after a heart attack. Throughout the cerebral cortex, large pyramidal neurons consisting of about 70% of cortical cells - important to the functioning of the cortex - are completely lost. Pattern of damage to the cortex, with injuries tends to deteriorate from the front of the cortex to the back, is also distinctive. There is marked damage to distant important relay circuits in the brain (thalamus) - other common pathological findings in the case of PVS. The damage, in Thogmartin's words, "is irreversible, and no therapy or treatment will regenerate the loss of enormous neurons."
Heart pathologists who study the heart of Schiavo find it and coronary vessels become healthy, which excludes the possibility that the initial collapse is due to myocardial infarction, although there is an area of ​​inflammation that is cured (opens the possibility of myocarditis). Thogmartin found that "there is no evidence that Terri Schiavo had experienced eating disorders such as bulimia." Regarding the possibility of domestic strangulation or violence as the cause of Schiavo's initial collapse, the report states: "No trauma was recorded on any of the many physical or radiographic checks performed on Mrs. Schiavo on the day, in the following days, or in several months after the initial collapse, indeed, within an hour of his first hospital admission, his radiographic examination of the cervical spine was negative, especially external signs of strangulation including neck or skin injuries, facial/conjunctival facials, and other blunt trauma. or recorded during initial hospital admissions. An autopsy examination of his neck structure 15 years after the initial collapse did not detect any signs of long-distance trauma, but, with such delays, the test is unlikely to show any residual neck findings. "
Regarding the cause and manner of Schiavo's death, Thogmartin writes, "Mrs. Schiavo suffers from a severe anoxic brain injury, the cause can not be determined with reasonable medical certainty.The mode of death will be certified as unspecified."
"We were not surprised that the medical examiner said Terri's brain was damaged," said Bobby Schindler, Jr., his brother, in an interview hours after the autopsy report was released. "The fact that medical examiners rule out bulimia and rule out a heart attack, without a doubt, adds more questions."
Funeral
Schiavo's body was cremated after an autopsy. Her parents offer a memorial Mass for her in the Catholic Church of Jesus in Gulfport on April 5. Father Frank Pavone, founder of the Priest for Life, delivered the main homily (Audio: MP3 Format).
On May 7, Schiavo's parents announced a complaint that they had not been informed of when and where their daughter's ashes had been (or buried) by Michael Schiavo. He is under a court order to provide this information to them.
On June 20, the remains of Terri Schiavo's cremation were buried. Schindlers' lawyer stated that families were notified by fax only after the memorial service; by then, the family had started getting calls from journalists. The ash was buried at Sylvan Abbey Memorial Park in Clearwater, Florida.
The epitaph (pictured) reads:
Ethical and legal issues
True-to-die
The case of Schiavo has been compared with the case of Karen Ann Quinlan and the case of Nancy Cruzan, two cases of the right to die. Quinlan entered a vigorous vegetative state in 1975, and his family was allowed to remove him from a ventilator in 1976 after a decision by the New Jersey Supreme Court based on his personal rights. He died of pneumonia in 1985. Cruzan was diagnosed with PVS in 1983 and his legal case reached the Supreme Court, which ruled that "clear and convincing evidence" of his desire to die in such circumstances is necessary. The Cruzan family did not have enough evidence about it, but later produced more. He died after being expelled from life aid in 1990.
The case of "Terri Schiavo" actually refers to a series of cases. This differs from the case of Quinlan and Cruzan by involving the completed law rather than breaking new legal ground on the right-to-die issue. In 2006, Shepherd said it was "unclear" whether the Schiavo case was an important decision. The Schiavo case involves a dispute between family members over Schiavo's wish for such a situation. According to medical ethicist Matthew Stonecipher, "The movement to challenge the decisions made to Terri Schiavo threatens to disrupt the end-of-life law that has developed during the last quarter of the 20th century, mainly through the case of Karen Ann Quinlan and Nancy Cruzan." The results of the Schiavo case also partly determined by the case of the Florida 1990, Estelle Browning Trust. . In that case, George Felos, a lawyer for Michael Schiavo in the Schiavo case, represented a relative of Browning. Felos successfully argued before the Florida Supreme Court that the Browning food tube should be removed. Old browning has declared in his life his will to not remain alive by artificial means, including receiving food and water "by a stomach or intravenous tube." At times it is common to get people out of the ventilator, but the law in Florida is not clear to get them out of the food tube. In a major decision, the Florida Supreme Court ruled Browning had "the constitutional right to elect or reject medical care, and that right extends to all relevant decisions about one's health."
Disabled rights
During the years of legal proceedings, rights groups with disabilities and activists closely monitor and engage them in the case. In March 2003, twelve groups of rights of persons with disabilities, led by Not Dead Yet, along with four other amici, presented a summary of amicus curiae in which they opposed the abolition of the Schiavo grant tube. They also use the Schiavo case to advocate for federal review in cases where a third party decides to withdraw life support from patients who can not give consent. They argue that persistent vegetative state is often misdiagnosed, and that the reasons for withdrawal of life support from patients should be investigated because even substitute family members may have a conflict of interest. The Palm Sunday Compromise provides the federal review they seek, but is limited only to the Schiavo case.
Public opinion and activism
The seven-year case generated much public attention and activism. There is extensive media coverage and both sides lure public opinion. In 2000, Schindlers created the Terri Schindler-Schiavo Foundation to rally support. During the weeks when Schiavo's feeding tube was removed in 2005, activists were constantly on the watch outside his nursing home. The protests were described as violent but non-violent. There were dozens of arrests, with most having crossed the police line with water for Schiavo.
Two polls conducted shortly after the feeding tube of Schiavo was removed for the last time in 2005 showed that a large majority of Americans believe that Michael Schiavo should have the authority to make decisions on behalf of his wife Terri and that the US Congress overcame its limits with deep intervention this case. However, other polls seem to support the Schindler family's position, and questions are asked about the words of all polls.
The development since Schiavo's death
Since the death of Terri Schiavo in March 2005, her family and Michael Schiavo have clashed several times. Each party also works to promote their own cause in connection with the case. In April 2005, the family disagreed over the burial of Schiavo. The Schindlers wanted his body buried in Florida, while Michael Schiavo said at the time that he would cremate his body and then store his ashes in the state of Pennsylvania. However, in June 2005, Schiavo's ashes were buried in Florida. The words "I keep my promise" are inserted on the markers, referring to his promise to follow what he says is his desire not to live artificially. The statement angered the Schindlers.
In December 2005, Michael Schiavo created a political action committee, TerriPAC. It was set up to raise funds to support eligible candidates and oppose candidates who have chosen government involvement in the Schiavo case. In 2007, TerriPAC paid a $ 1,350 fine to the Federal Electoral Commission for failing to fill out a complete and timely record. Schiavo turned off PAC at the end of that year.
The Schindlers continue operations from the Terri Schindler Schiavo Foundation, with the new goal of helping individuals in situations similar to Terri. In April 2010, Michael Schiavo alleges that Schindlers improperly use Terri's name, because he holds the right to it, and that the family uses the foundation to make money. A Florida television station looks at the tax records of the foundation and finds that for 2008, it paid 64% of the $ 91,568 raised in salary to Terri's father, Robert Schindler, Sr., his sister, Suzanne Vitadamo, and his brother Robert Schindler , Jr. Their lawyers say the foundation does its work effectively and that a high percentage for salary is due to the small amount of money incurred by the foundation. He also said that Schindlers has the right to use Terri's name because he is a public figure. The foundation was fined $ 1,000 shortly before Schiavo's death for failing to file documents on time. In September 2010, Schindlers renamed the organization "Terri Schiavo Life and Hope Network."
In 2006, both Michael Schiavo and Schindlers released a book telling the side of their story. Schiavo is called Terri: The Truth , while Schindlers' is titled A Life That Matters: The Legacy of Terri Schiavo - Lessons for Us All .
See also
- Terri Schiavo Chronology
- Haleigh Poutre
- Euthanasia in the United States
References
Further reading
- Terri's Story: The Death of the American Women's Court Scheduled by Diana Lynne (2005) ISBNÃ, 1-58182-488-2
- Silent Witness: The Undead Story of Death of Terri Schiavo by Mark Fuhrman (2005) ISBN: 0-06-085337-9
- Important Life: The Legacy of Terri Schiavo - A Lesson for All of Us by Mary and Robert Schindler (2005) ISBNÃ, 0-446-57987-4
- Remembering Terri Schiavo: Reflection of Health Care Soldiers by Audrey Ignatoff (2005) ISBNÃ, 1-4116-3220-6
- Terri: Truth by Michael Schiavo, Michael Hirsh (2006) ISBNÃ, 0-525-94946-1
- "Terri Schiavo: When does the Personality End?" on Bioethical Elements , Gregory Pence, ISBN 978-0-07-313277-8
- The case of Terri Schiavo: Ethics at the End of Life edited by Arthur L. Caplan, James J. McCartney, and Dominic A. Sisti, ISBNÃ, 1-59102-398-X
- Struggle for a Respectable Life: The Unforgettable Story of Terri Schiavo and What All of Us Means by David C.Gibbs, III (2006) ISBN 0-7642-0243- X
- Caplan, Arthur L., ed. (2006). The Case of Terri Schiavo: Ethics at the End of Life . Amherst, NY: Prometheus Books. ISBN: 978-1-59102-398-2.
External links
- Compile
This is a compilation of legal documents relating to the Schiavo case:
- Findlaw compilation
- The University of Miami Ethics Program Compilation
- The information site
- Conigliaro, Matt, Esq., Editor of "Legal Abstract" Legal Blog. (2005). Terri Schiavo Information Page. Obtained 2005-08-31
- Hospice Patient Alliances. Retrieved 2005-08-30. Including the initial 1999 Police Report (PDF)
Source of the article : Wikipedia
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