...1 Legal Case Paper The Case of Theresa Marie Schiavo: A Violation of Human Right? 2 The Case of Theresa Marie Schiavo: A Violation of Human Rights? Evolution of the Case In the early morning hours of February 25th, 1990, Theresa (Terri) Marie Schiavo suffered cardiac arrest at her home in St. Petersburg, Florida. Her husband awoke to the sound of her collapsing in the hallway and quickly called 911. Terri was found in full cardiac arrest and taken to Humana Northside Hospital. Unfortunately, the then twenty-six year old Terri had suffered irreversible damage due to prolonged lack of oxygen to the brain. Terri is left in a persistent vegetative state and has a feeding tube and requires total care (Schindler v Schiavo, 2005). The next three years consist of her husband, Michael, and her parents Robert and Mary Schindler working together to take care of Terri. During this time Michael was appointed as Terri’s legal guardian without objection from her parents. In February of 1993 Michael Schiavo and the Schindler’s began to disagree about Terri’s care and the Schindler’s attempted to remove Michael as her legal guardian (Cerminara & Goodman, 2005). In May of 1998, Michael Schiavo made his first attempt to petition the court for the removal of Terri’s feeding tube. Michael believed that there was no hope for any sort of recovery or changes in Terri’s persistent vegetative state and had stated that his wife told him that she would not want to live like that...
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...Health Law and Ethics | The Ethical Case of Terri Schiavo | [Type the document subtitle] | The end of life is to be expected. For many it is understood what an individual’s final wishes are. Living wills provide any issues in question with answers. What if an individual does not have a living will? Who would be in charge in making final decisions for someone who cannot physically make those decisions? The story of Terri Schiavo brings about many questions that represent moral, ethical, and legal issues. On February 25th 1990, Terri Schiavo suffers cardiac arrest, apparently caused by potassium imbalance and leading to brain damage due to lack of oxygen. The cerebral cortex had been completely destroyed and replaced by cerebrospinal fluid. Her upper brain was estimated to be about 80 percent destroyed. However her brainstem, which is responsible for breathing and heartbeat, was still functioning properly. This allowed Schiavo to survive with the assistance of a feeding tube. Terri Schiavo was diagnosed to be in a Persistent Vegetative State (P.V.S). The time frame that Terri Schiavo collapsed she was married to Michael Schiavo. Terri and Michael Schiavo married in 1984 which made Michael the spouse and through the appointment of the court, legal guardian of Terri Schivao. Husband Michael Schiavo believed that his wife would never want to be in a vegetative state. “Michael had been engaged in a court battle with Terri’s parents since 1998, seeking court sanction for...
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...Seminar is a play by Theresa Rebeck that premiered on Broadway in 2011. It follows four aspiring writers who pay for a supposed great writer – Leonard – to come and critique their writing weekly. Each writer is their own personality. There is the rich, uppity, nerd-type (Kate), the quieter, reserved, and talented one (Martin), the ditzy, manipulative, and sexy one (Izzy), and the extravagant, smart, and connected one (Douglas). Leonard is depicted as brash, rude, cruel, and unpardonable. The story goes on to where Martin and Leonard connect and see their similarities and work together to better themselves. A theme that immediately jumps at you is conflict. Throughout the play, there is conflict every other conversation. High tension exists between most characters, especially between those of different sexes. Examples are Kate and Leonard throughout most of the play and Martin and Douglas (though one-sided) in scene one, two, and so on. Another theme that is prevalent is the idea that sex sells and that sex will get you everywhere you want to be. This is shown when Izzy writes a story that Leonard deems sexy, and they proceed to pursue a sexual relationship. It could also be interpreted that sexism could be a theme when sex is not available. When Kate submits a story, being defined as a “prude,” Leonard is bored before ending the first sentence, and is bored with her immediately every time following. That is, until she submits something under the guise of a transvestite...
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...The Schiavo Case: Legal Issues This report gives a summation of the verifiable and legitimate issues identified with the case. The report then breaks down P.l. 109-3, "For the help of the folks of Theresa Marie Schiavo." The government courts might focus once more any case of an infringement of any right of Theresa Marie Schiavo under either the Constitution or the laws of the United States, as it identifies with the withholding or withdrawal of nourishment, liquids, or medicinal treatment important to support her life. The folks of Theresa Schiavo looked for injunctive help under this law from the United States District Court for the Middle District of Florida. The court denied a movement for a provisional limiting request to oblige the procurement of nourishment and hydration to Theresa Schiavo, finding that there was not a significant probability that the offended parties would win on the benefits. The United States Court of Appeals surveyed this request, and confirmed that the Congress had not changed the measures for a transitory controlling request, nor had the region court mishandled its attentiveness in denying the movement. The Supreme Court has prevented a writ from securing certiorari in regards to this choice....
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...Running head: FIGHTING FOR DEAR LIFE: AN ETHICAL CASE STUDY ON Fighting for Dear Life: An Ethical Case Study on Terri Schiavo Catherine Grace Bautista Adventist University of Health Sciences Ethical and Legal Issues in Healthcare HTCA543 Dr. Stanley Dobias February 24, 2015 1 FIGHTING FOR DEAR LIFE: AN ETHICAL CASE STUDY ON 2 Introduction Death is inevitable. However, for some of us, we fail to express our final wishes to our loved ones and this more often than not ends in conflict. In the United States, it is necessary for an individual to have a living will since this provides answers to end of life issues that would be in question. The story of Terri Schiavo was a case study worthy of note given that concerns or conflicts about end of life care have never been a source of familial dispute in my native country, the Philippines. Her 15-year saga brought about several questions that correspond to moral, ethical, and legal issues. Terri Schiavo’s end of life issue has now set a treacherous precedent for all vulnerable Americans, especially those who are in the marginalized sector: the disabled, those who have terminal illnesses, those who can no longer speak for themselves, and perhaps one day even to those who are indigent and unable to pay for costly health care. These individuals may become gradually compelled to make the choice to die and “get out of the way” notwithstanding their true wishes. Early Years Therese Marie Schindler was born...
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...Final Project 1. Biological and Environmental – Fertility: Three specific procedures that can help to increase the chances of fertility or help families who cannot conceive are, In Vitro Fertilization (IVF), Donor Eggs and Surrogacy. For each of these procedures, the couples should first seek an OB/GYN to assist them in gaging their fertility capabilities. From that point on, the Doctor will then refer them to an Embryologist or Specialist in that particular area or process. It is also good to receive feedback or suggestions from friends or family who have personally gone through the procedure. If couples have difficulty finding a good recommendation, this website provided below will help them to further this process. http://www.ihr.com/infertility/ivf/how-to-select-infertility-ivf-clinic.html 2. Prenatal Development, Birth and Newborns- Institutions: Three specific institutions that I will discuss are, Graham’s Foundation, Little Big Souls and the European Foundation for the care of newborn infants (EFCNI). All three of these organizations help to support parents and physicians of premature babies. There resource websites are as follows: * http://grahamsfoundation.org/ * http://www.littlebigsouls.com/ * http://www.efcni.org/ 3. Infancy- How to Breastfeed: First, they suggest that you learn as much as you can about breast feeding before you even start. They suggest that you talk with other moms you know who have had experience in breast...
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...ENLIGHTENED DESPOTISM Enlightened despots believed that political change could best come from above; from the ruler. However, they were encouraged by the philosophers to make good laws to promote human happiness. How did these monarchs differ from earlier unenlightened monarchs of the past? The difference lay in tempo. These new despots acted abruptly and desired quicker results. They were impatient with all that stood in the way of their reforms. In addition, they justified their authority on the grounds of usefulness, not divine right. These new monarchs were rational and reformist and they regarded political change as possible and desirable. Frederick the Great, Catherine the Great, and Joseph II are good examples of Enlightened Despots. Frederick II (Frederick the Great), the most famous Prussian absolute monarch and a military genius, pursued an aggressive foreign policy. In 1740 he seized from Austria the province of Silesia. His action culminated in a major European conflict, the Seven Years' War (1756-1763), in which he was pitted against a powerful European coalition of Austria, Russia, and France. Frederick, aided only by England, barely managed to retain Silesia. In 1772 Frederick shared in the first partition of Poland by annexing western Poland. Frederick the Great was an almost perfect example of the enlightened despot. He was familiar with the ideas of the eighteenth-century reformers and a friend of Voltaire. Many of the philosophers, including Voltaire...
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...Kimberly Iberico January 22, 2012 Katherine Fidler Hist.—T-124-007 What is the theory of divine right monarchy, as outlined by Bossuet, and how does this political theory potentially come into conflict with the religious theory of the Catholic Church as represented by the Pope? Kings received power through god. Kings power is absolute through state. Bossuet asserted that “God establishes kings as his ministers, and reigns through them over the people.” He also stated that “the prince must be obeyed on principle, as a matter of religion and of conscience.” Those who argued otherwise were agents of evil opposed to the will of God.Louis XIV agreed strongly with these aspects of Bousseut's views, which conformed with his own ideal of himself as an absolute ruler: the so-called "Sun King." He did not, however, always follow Bousseut's preaching regarding Christian conduct and morality. Bossuet, who as a bishop also owed obedience to the pope, found himself caught by his own doctrine in a paradox in 1682, when Louis insisted on his clergy making an anti-papal declaration. Bossuet was tasked to draft the document, and attempted to make it as moderate as he could. The pope, however, declared it null and void, and Bousseut died before he could publish his defense of his views in Defensio Cleri Gallicani. In Baker’s reading, The Old Regime and the French Revolution, he goes into detail about Jacques-Benigne Bossuet’s role to King Louis XIV and his views, four characteristics...
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...Ethical Principles Violated In 1990, Terri Schiavo suffered cardiac arrest leading to a persistent vegetative state. Over the next 15 years, her case received international attention as her husband and parents argued over how to fulfill Terri's end-of-life wishes. Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care (Fine, 2005) On March 31, 2005, Terri Schiavo (born December 3, 1963) died -- the final complication of a cardiac arrest on February 25, 1990. Her death was preceded by the withdrawal of artificially administered hydration and nutrition through a feeding tube. Prior to her death, Terri's saga was the focus of intense medical, ethical, and legal debates in the United States and elsewhere. These debates were characterized by confusion about the facts, ethical principles, and laws relevant to the case. Much of the confusion revolved around a number of ethical and legal questions including: Is it ethically and legally permissible to withhold or withdraw life-sustaining treatments from patients who do not want the treatments? Is withholding or withdrawing...
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...families make ethical decision making by the healthcare team virtually impossible. Hospital ethical committees and even the legal system in certain situations must oversee such cases. There have been many cases where patients’ lives have been sustained by artificial measures and the issue of right to die has been debated. These individuals are in hospitals and long term facilities where everyone from family to the healthcare providers have an opinion. One particular instance would be the Terri Schiavo case where a young woman’s life had been sustained by artificial means for 15 years. A public battle was waged between her family and her husband and the decision to end her life. The case lingered on and ultimately the US congress had to intervene. As Terri Quill (2005) stated in relation to the case, “how can it be that medicine, ethics, law, and family could work so poorly together in meeting the needs of this woman who was left in a persistent vegetative state?” Cases like Terry Schiavo are not encountered everyday in a healthcare organization but to a lesser extent there are ethical situations that are. Healthcare organizations must also address ethical issues in terms of the financial aspect of healthcare. There has been a significant increase in awareness of healthcare fraud. Some examples would be physicians billing for services that were not rendered to patients and ordering procedures not necessary in order to seek reimbursements (Price and Norris, 2009). This impacts...
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...Ethical Decision Making in Health Care 2014 Terry Schiavo Documentary Euthanasia is “intentionally causing the death of a person, the motive being to benefit that person and to protect them from further suffering. Many people who contemplate voluntary euthanasia are terminally ill or have been suffering with an illness for an extended time and they just want to end their suffering and pain. ne commit suicide or for not assisting them in the suicide process and allowing them to linger and shall not kill and that we should not interfere with God’s plans. Eastern religions’ stance is not to harm any living things and thus assisted suicide is unacceptable (BBC, 2014). Nurses have an obligation to provide our patients with the best care possible, physically, emotionally, and spiritually. Nurses need to meet the needs of their patients and families, this is particularly important with end of life care. Nurses need to make patients comfortable, allow them to voice their concerns, with the moral, spiritual, ethical, and social effects for the rest of their life. Decisions about life and death in the health professions are among the most challenging from an ethical and a practical viewpoint (Purtilo & Doherty, 2011). Nurses play key roles in caring for people at the end of life which include assessing and managing pain, addressing psycho-spiritual needs, articulating values, goals, and beliefs that influence the decisions made at the end of life, for not only the client...
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...Memo To: Elizabeth A. Dennis, Esquire From: Shannon Parish Date: October 31, 2014 Re: Research Memorandum STATEMENT OF FACTS: Mrs. Schiavo had been in a vegetative state for years, and her husband Michael Schiavo successfully petitioned the Florida state courts for an order directing the withdrawal of her feeding and hydration tube. Mrs. Schiavo’s husband, and legal guardian, claimed before the Florida state courts that his wife had previously expressed to him a wish not to be kept alive by artificial means if she became incapacitated. The court agreed with the husband and found that there was clear and convincing evidence that Mrs. Schiavo would have wanted her feeding and hydration discontinued, as the Mr. Shciavo claimed. The parents disagreed with this finding and constantly challenged the claim. The parents did not believe that their daughter would have wanted this and because there was no medical advanced directive, that Mrs. Schiavo should be taken off of life support. Because the federal courts refused to act, Mrs. Schiavo died of starvation and dehydration. QUESTION PRESENTED: The question presented in this case is, who has the right to terminate life support when there is no advanced medical directrive when a spouse wants one thing and...
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...On February 25th, 1990, paramedics arrived at a Florida apartment complex and found a woman by the name of Terri Schiavo laying face down in the hallway of her apartment. Upon arrival, the paramedic's medical analysis showed that Schiavo's breathing had ceased and a pulse could not be found. Several attempts at resuscitation were made on the way to the hospital and upon arrival Schiavo was intubated and hooked up to a mechanical ventilator to assist her with breathing and receiving proper nutrition. The official medical records contained notes with various revelations and remarks from doctors. The information that stood out the most from the files were notes shedding some insight on two severe issues that could very well explain why a young...
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...On February 25, 1990 began the life and death struggle between spouse and family to determine the fate Terri Schiavo’s life. Schiavo suffered from an episode of cardiac arrest which left her unconscious and without oxygen to her brain. Resuscitation efforts were a success but due to the lack of oxygen there was irreversible damage done to her brain. Once placed into the hospital, Schiavo needed an aggressive form of care and was ultimately intubated in order to help her breathe. It was later determined that she was would most likely spend the rest of her life as a vegetable, it was then that the struggle between her spouse and family would ensue. Once it was determined that there was no hope of a full recovery, Schiavo’s husband made it clear that his wife would not want to live on life support and wanted to have her feeding tube removed. “Schaivo’s husband and legal guardian argued that Schiavo would not have wanted prolonged artificial life support without the prospect of recovery, and elected to remove her feeding tube.” Once Michael, Schiavo’s husband, elected to have the feeding tube removed, her family began the process of trying to keep her alive. “Schiavo’s parents argued in favor of continuing...
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...Legal Ramifications of the Schiavo Case This article discusses the importance of Advance Directives and the development of the patient self-determination act of 1990 demonstrates the importance that the government places on a person’s right to make their own health care decisions. In the act, congress decided consumers had the right to make their own health care choices or appoint someone who can make that decision for them if they can no longer speak for themselves. It was deemed important enough that CMS (Center for Medicare and Medicaid Services) mandated that all hospitals, home health and hospice agencies, skilled and long term facilities who receive their funds, are mandated to inform patients of their rights under state law to execute advance directives. The article discusses the legal mechanisms for consent or refusal of treatment including: living wills, durable power of attorney for health care and medical directives. The legal ramifications of the Terri Schiavo case was that there was no health care directive executed by her other than a conversation with her husband in which she stated she would not want to have her life prolonged if she was in a persistent vegetative state. Without a health care directive, after three years the decision to remove artificial nutrition and hydration was made by her husband (legal guardian). Terri’s parents and siblings disagreed and thus began a judicial, legal, ethical and media circus. The parents and siblings deemed the removal...
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