Terri Schiavo case: Difference between revisions

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Terri Schiavo (born Theresa Marie Schindler on December 3, 1963) is a mentally handicapped American woman whose estranged husband's efforts to remove her feeding tube and forbid anyone from attempting to feed her by mouth have prompted a fierce debate over euthanasia.

Michael Schiavo, Terri Schiavo's husband, who now lives with another woman, with whom he has two children, contends that Terri is in a vegetative state and that he is carrying out her wishes to not be kept alive in that state.

Her family (parents and siblings) contest both of those claims. They say she is responsive and in no discomfort, that her condition does not meet the medical definition of a "vegetative," and that she would not wish to die.

The question of whether people with profound mental handicaps have a right to live has been hotly debated as a result of Terri's case. Those who support the view that Terri's life should be ended contend that "living in a vegetative state isn't truly living," and support the ability of the estranged husband to control his wife's destiny. Those who support the view that Terri's feeding tube should not be removed contend that Terri has a "right to live."

In 1990, Terri collapsed in her home and suffered irreversible brain damage. The cause of her collapse is a controversial subject. At the time of her collapse, the couple was having marital problems. Michael Schiavo's contention is that she suffered a heart attack because of chemical imbalance brought on by bulimia and drinking too much iced tea. However, there is no physiological evidence that she ever suffered a heart attack. Members of Terri's family and at least one notable forensic pathologist think it more likely that she was the victim of an assault, presumably by the person with whom she was alone at the time of her collapse: her husband. [1]

Terri Schiavo is severely disabled. She is not in a coma or on life support, but she cannot speak or eat normally. She has difficulty swallowing, and is fed through a gastric feeding tube, though she can take Holy Communion. Michael Schiavo, and medical professionals who testified in agreement with him, contend that she is in a persistent vegetative state (PVS), and have obtained a court ruling to that effect. But Terri's family, and medical professionals who testified in agreement with them, say that her condition does not meet the medical definition of "vegetative," and they note that "persistent" does not necessarily mean "permanent." According to Stedman's Online Medical Dictionary, a vegetative state is one "in which an individual is incapable of voluntary or purposeful acts and only responds reflexively to painful stimuli." Her family claims that she smiles, laughs, cries, moves, and makes child-like attempts at speech. Sometimes she has been reported to say "Mom" or "Dad" or "yeah" when her parents ask her a question. When they kiss her, they claim she looks at them and "puckers up" her lips.

Terri's family has been battling her husband over her fate since 1993. Though she never wrote a living will expressing a wish to refuse nutrition or medical treatment if disabled, Michael claims to recall conversations they had had which make him sure she would want to die, and two of his relatives have supported that claim. [2] However, her family disputes it, claiming that Terri is a devout Roman Catholic who would not wish to violate the Church's teachings on euthanasia by intentionally starving or dehydrating herself to death, and that she apparently never expressed such a desire to anyone in her own family or circle of friends.

Terri's family also says that Michael and his two relatives did not publicly recall those conversations with Terri immediately after Terri's collapse. It was only several years later, after courts awarded more than $1 million in legal settlements (mostly to cover the cost of her long term care and rehabilitation), that Michael first publicly claimed to remember conversations in which Terri had expressed a wish to die rather than live in the condition in which she now finds herself. If she dies, Michael will inherit whatever remains of that money, although he claims to have spent most or all of it on legal fees already.

Michael Schiavo claims that Terri Schiavo would not have wanted to live "as a vegetable," and that he is fighting for her "right to die." As legal guardian of Terri, he has placed strict limits on the time her family is allowed to visit her, and he has refused to allow her to undergo any sort of therapy. He had Terri placed in hospice, though her condition is not terminal. Her parents want to bring her home. They, and eleven doctors and speech therapists who testified for them in court, maintain that, with therapy, their daughter can be helped. Michael could legally cede guardianship to Terri's parents, but refuses to do so, claiming he is doing what is best for her.

In 2004, Michael Schiavo won a court case to have her feeding tube removed so that she would die of starvation. Six days later, the Florida Legislature, in emergency session, passed Terri's law, giving Florida Governor Jeb Bush the authority to intervene in the case. Gov. Bush immediately ordered the feeding tube reinserted. On May 19, 2004, Florida Judge W. Douglas Baird overturned the law saying that it "summarily deprived Florida citizens of their right to privacy." Gov. Bush appealed the ruling to the United States Supreme Court. On January 24, 2005, the U.S. Supreme Court refused to hear the case, effectively allowing the lower court rulings to stand. The family (along with Gov. Bush) is attempting to appeal this decision.

During the six days that Terri's feeding tube was removed, Michael prohibited any attempt to feed her orally, and refused to allow a priest to place a small part of a sacramental wafer on her tongue during Holy Communion.

• Online home of the Terri Schindler-Schiavo Foundation
• Terri's Law
• Florida Supreme Court Decision overturning Terri's Law as unconstitutional
• The Village Voice Four-part exposé, by investigative reporter Natt Hentoff:

Village Voice Part 1: A Woman's Life Versus an Inept Press - The ACLU Supports a 'Constitutional' Death by Starvation [3]

Village Voice Part 2: Was Terri Schiavo Beaten in 1990? - Will There Be an Investigation in Time?

Village Voice Part 3: It's Not Only About Terri Schiavo - Barriers to Killing Come Down

Village Voice Part 4: The Culture of Death - Who Will Decide When You Should Die?

• Evidence of Physical Abuse Haunts Michael Schiavo
• A right to live ... not to be killed an op/ed supporting the Schindler family version of events
• Right to Die - an op/ed condemning "Terri's Law"
• St. Petersburg Times article about Terri's law
• Terri Schiavo is NOT "just a vegetable" blogging for Terri
• Not Dead Yet - Disability-rights activist site
• Stephen Drake of Not Dead Yet: ...The doctor told my parents I would be a "vegetable" for the rest of my life - the same word now being used for Schiavo...
• Articles by Wesley J. Smith (attorney, author, senior fellow at the Discovery Institute, and consultant for the International Task Force on Euthanasia and Assisted Suicide):

April 30, 2004: The Assault on Terri Schiavo Continues Michael Schiavo won his fight to have his wife killed by dehydration. Now he won't even allow her parents to sit by her side. [4]

January 30, 2004: The Rule of Terri's Case Strikes Again

January 19, 2004: Beyond Terri's Law: What We Can Learn From the Schiavo Case

December 4, 2003: The Guardian Speaks Terri Schiavo's guardian ad litem files his report; there's bad news and good news

November 13, 2003: A "Painless" Death? Michael Schiavo insists that dehydration is "the most natural way to die." It's more like torture.

October 31, 2003: Life, Death, and Silence Why the media elites won't tell the full story on Terri's prognosis and Michael Schiavo

October 28, 2003: The Interview That Wasn't Michael Schiavo got the usual Larry King softballs. Here are the questions King should have asked.

October 27, 2003: The Consequences of Casual Conversations Michael Schiavo's argument that his wife wants to die stems from an off-hand remark she made while watching a movie. It isn't the first time this has happened.

October 22, 2003: The Battle for Terri

October 21, 2003: Saving Terri Schiavo

October 20, 2003: No Mercy in Florida - The horrifying case of Terri Schiavo, and what it portends

October 1, 2003: Waking from the Dead

September 16, 2003: Terri Schiavo's Life and Death: Time Gained [5]

September 5, 2003: Schiavo's Date with Death: A Florida Woman Needs Non-Dehydration Intervention [6]