Theresa Marie Schiavo Case: Ethical Dilemmas

Theresa Marie Schiavo Case: Ethical Dilemmas

Introduction

The case of Terry Schiavo raises challenging ethical and legal issues, even though case events are not utterly novel. Under Florida law, it is a well-established principal that individuals possess a right to repudiate life-sustaining medical treatment. After years of proceeding and litigation, several courts have confirmed that appropriate legality of removing life support given the facts and particulars of this case. However, right after six days feeding tube of Theresa Schiavo was removed Florida legislature decided to intervene and get involved in the final judicial decision and granted the Governor the final authority to overrule the decision of the court and order reinsertion of the feeding tube. These actions violate several provisions in the constitution of Florida, including the requirement of power separation, the provision that guarantees a right of privacy of every individual, and the clause of due process. Besides the legal issues, the moral and ethical implications of such intervention present a terrifying prospect for patient autonomy's future. Government's intervention in a case dispute over end-of-life care, it has happened before. Keeping in view the reality, it is crucial in the decision making related to end of life, individual choice continues to be the touchstone and individuals, legislatures and courts must do everything possible in order to prevent this precious choice from being held hostage to the vicissitudes of moral or political change (Hook & Mueller, 2005).

Literature Review

At the young age of 26, Theresa Schiavo fell into a PVS (Permanent Vegetative State) after suffering from cardiac arrest which resulted in deprivation of oxygen to her brain for a longer period of time. For 14 years, tube was inserted that provided artificial nutrition and hydration to her body and kept it alive. Because Theresa experienced sleeping and waking cycles in which she used to utter sounds and open her eyes, this made some people including Theresa's parents (Mary and Robert Schindler) to believe that she still possess a mental capacity for emotions, thoughts, and other activities that are associated with consciousness. Medically speaking, her brainstem remained intact which allowed her to breathe without any assistance, but she was unable to interact or experience with her environment and required comprehensive care, including artificial hydration and nutrition through a feeding tube in order to sustain her body and keep it alive. A number of medical experts after thoroughly studying Theresa's medical conditions concluded that recovery of any measurable brain activity on the part of Theresa is impossible and any miracle can now recover her from her conditions (Hannigan, 2005).

But Theresa's parents refused to accept the opinions and conclusion of these medical experts and retained their hope of her recovery any time in future. They firmly believed that she will be benefited from keeping the feeding tube inserted to her body. For the last few years before Theresa's death, her husband Michael Schiavo was seeking permission from the courts of Florida to remove her feeding tube and allow her to die ...