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Enforcing the "Right to Die":The Case of Terri Schiavo
Life Issues ^ | August 2003 | Nancy Valko

Posted on 09/07/2003 1:17:49 PM PDT by MarMema

Terri is not a convicted murderer. She is not terminally ill. Instead, she is a 39-year-old severely brain-injured woman whose parents and siblings, the Schindler family, have been waging a long legal battle to prevent Terri's husband and the legal system from ending her life.1

In July, 2003, Terri was granted perhaps her last "stay of execution" by a Florida appeals court before her case is returned to Judge George Greer, a Florida judge who has previously and repeatedly ordered Terri's tube feedings stopped. Although this will give the family's lawyers some time to file an appeal with the Florida Supreme Court, hope is slim because that court has declined to even hear Terri's case in the past.

The final hope to save Terri Schiavo's life may lay with Florida Governor Jeb Bush, who has recently received thousands of petitions for him to intervene to save Terri's life.2

Who is Terri Schiavo and Why Do Some People Believe She Should Die? In 1990, 26-year-old Terri Schiavo mysteriously collapsed at home and suffered brain damage as a result of oxygen deprivation. A medical malpractice suit ensued and a trust fund was established to pay for Terri's lifetime care. After the case was resolved, Terri's husband, Michael, claimed that he now remembered statements his wife had made in the past about not wanting to be kept alive in such a condition. (A former girlfriend has since disputed that claim because of statements Michael Schiavo made to her.) He petitioned a court for permission to stop her tube feedings and claimed that Terri was in a so-called "vegetative state", despite videotape evidence of Terri, showing her smiling, responding to her mother and even apparently trying to talk.

Florida law allows food and water to be withheld if a person meets the state's definition of "vegetative state" as "the absence of voluntary action or cognitive behavior of any kind" and "an inability to communicate or interact purposefully with the environment". Experts for the husband claim that Terri's visible responses are mere "reflexes" and disagree with other medical experts who have testified that Terri has at least some basic awareness and could possibly be helped with therapy.

Terri's parents and siblings volunteered to take responsibility for Terri's care, but Michael Schiavo has refused to relinquish guardianship or divorce Terri, despite living with and fathering a child by a girlfriend. He has also refused to allow rehabilitation services and, despite the fact that Terri is not terminally ill, had her transferred to a hospice facility three years ago.

Nevertheless, Judge Greer and the Florida courts have so far dismissed all concerns about the circumstances surrounding this case and maintain that the only issues are Terri's disabled condition and her alleged desire to die. As a Florida probate court said in June, "we understand why a parent who had raised and nurtured a child from conception would hold out hope that some level of cognitive function remained. If Mrs. Schiavo were our own daughter, we could not but hold to such a faith. But in the end, this case is not about the aspirations that loving parents have for their children. It is about Theresa Schiavo's right to make her own decision, independent of her parents and independent of her husband".3

While the Schindler family endures such portrayals of themselves as being in denial over Terri's condition -- and incurs enormous legal bills fighting to save her -- the courts have allowed Michael Schiavo to use the funds for Terri's care to pay legal bills. George Felos, Mr. Schiavo's lawyer who has been involved in several other "right to die" cases, has reportedly received over $600,000 so far from the fund. His main medical expert was Dr. Ronald Cranford, who has testified in many "right to die" cases and who does not support even spoon-feeding for the so-called "vegetative" and people he terms "minimally conscious".

Although Terri Schiavo's case has received only a smattering of national media coverage, disability, pro-life, and other groups throughout the country have expressed outrage and alarm over this precedent-setting case. Terri's case is being seen as the final dismantling of any legal safeguards to protect the mentally disabled from the deliberate starvation and dehydration that would be unthinkable for a convicted murderer or even an animal.

The Catholic Connection

As Catholics, Terri's parents Bob and Mary Schindler requested the help of their local bishop, Bishop Robert Lynch of the Diocese of St. Petersburg, Florida, to help save their daughter's life.4 Instead, Bishop Lynch issued a statement that "The Catholic Church would prefer to see all parties take the safer path but it must and will refrain from characterizing the actions of anyone in this tragic moment".5

This statement was particularly discouraging since Father Gerard Murphy, a pastor and former hospital chaplain, had already testified for Terri's husband that withdrawing Terri's tube feedings "would be consistent with the teaching of the Catholic church".6

Unfortunately, there is a long history of Catholic priests and ethicists who have given similar testimony in other public "right to die" cases without rebuttal by the local bishop, despite Church documents and a 1998 statement by Pope John Paul II emphasizing that "the omission of nutrition and hydration intended to cause a patient's death must be rejected".7 Instead, these priests and ethicists uniformly mischaracterize people like Terri Schiavo as "gravely ill" and simple feeding tubes as "prolonging death".

Unfortunately, these ethicists have often held prominent positions in Catholic health care and education for years. It has now become harder and harder to find a Catholic health facility that does more than provide mere lip service to principle on this crucial issue. It is telling that when Archbishop Justin Rigali of St. Louis issued a statement quoting Church teaching during the Steven Becker "right to die" case in 2000, many Catholic priests and ethicists from around the country criticized him for taking such an uninformed and "extreme" position in defense of life.8

Therefore, it is welcome news that Catholic groups are now challenging such misrepresentations in the Terri Schiavo case. Women for Faith and Family president Helen Hitchcock sent a letter to Florida Governor Jeb Bush asking him to "review Terri Schiavo's case and to intercede on her behalf", noting that Women for Faith and Family has filed amicus briefs in the similar Cruzan and Busalacchi cases.9 A Catholic media coalition sent a public letter to all the Florida bishops calling for them "to publicly condemn the injustice and moral evil of this deliberate act of euthanasia and to issue a plea for mercy to the Florida courts and to Governor Jeb Bush".10 The Catholic Medical Association issued a statement that "[d]iscontinuing nutrition and hydration in this circumstance violates in its intention the distinction between 'causing death' and 'allowing death'" and quotes the 1989 pastoral statement of the Bishops of Florida that states "We can never justify the withdrawal of sustenance on the basis of the quality of life of the patient".11

The National Catholic Partnership on Disability, which includes Cardinal Francis George on its board, has highlighted the differences between Terry Wallis, a man who recently regained full consciousness after 19 years when his family refused to give up, and Terri Schiavo, whose husband is seeking to end her life. In their press release, Mary Jane Owen, executive director of the partnership, states, "those of us who live with assorted disabilities are aware that when any of us is deprived of their essential dignity and worth, each of us face that same discounting by the judgments of the culture of death".12

A Precedent-Setting Case

The importance of saving Terri cannot be overestimated, not only for her right to live but also to apply a brake to the current "right to die" movement that seems bent on terminating people with severe brain injuries or conditions. It is no accident that people like Terri are put into hospices and cases like hers are included in "end of life" education programs for health care professionals and the public. It is no coincidence that withdrawal of treatment decisions have become the justification for the new non-heartbeating organ donation policies. And it is the ultimate irony that even families and patients who choose to live can now be overruled by medical futility policies being instituted at hospitals throughout the country.

Terri's family has put up a courageous fight to save their daughter's life and, if they finally lose, a terrible precedent will be set for coercing other families to give up fighting for their loved ones. If evidence of Terri's responsiveness, as well as questions of possible perjury and bias continue to be ignored by the courts, no one with a disability is ultimately safe from medical or legal discrimination.

Bob Schindler, Terri's father, poignantly observes, "We pay great lip service in this country to disability rights, but as the degree of a person's disability increases, the level of legal protection that person receives decreases".


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events; Philosophy
KEYWORDS: euthanasia; prolife; schiavo
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To: passionfruit
I wish this young woman had prepared a living will. She could havesaved her husband and parents this heart wrenching pain.

I've heard advisors I trust caution that "living wills" are not necessarily a good thing.

One problem is that a brain-injured person's true prognosis is often very difficult to determine. Some doctor's and "expert's" opinions are biased, negligent, or just plain wrong.

So if you ask most people if they'd like to have a "living will" wherein they ask to be refused all treatment if they're in a "vegetative state," most people will probably say 'yes.'

Yet those who say 'yes' to termination of treatment are often ill-informed. They may not realize that many, many seemingly hopeless cases of brain-injury and coma have turned out for the better, with the injured person recovering well and living many happy years more.

I know personally of a case where doctors pronounced a patient's case hopeless; yet that patient is now a healthy, fully-functioning person 30 years later! What would've happened if he'd had a "living will"? I shudder to think.

21 posted on 09/07/2003 2:16:16 PM PDT by shhrubbery!
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To: AnnaZ
A great summary of events.
I have sent an email to all my friends with the details of this case and links to your interview, the Jane Chastain & Sara Foster articles...and a few others. I asked that it get forwarded around for others to take action....I figured if people can forward jokes....this should be a cinch!

Maybe other freepers should do the same thing....you know how fast those emails get spread....could be a good way to spreadthe word faster.
22 posted on 09/07/2003 2:16:48 PM PDT by Feiny (I can't think straight when I'm MANIC!!!!)
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Comment #23 Removed by Moderator

To: kimmie7
Thanks for the ping!
24 posted on 09/07/2003 2:19:42 PM PDT by TheSpottedOwl (Davis has just been downgraded from eGray Hooker to 2 dollar whore...)
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To: INSENSITIVE GUY
It is alleged that Terri said she didn't want to be a burden "like grandma". Well, the Court and husband have strictly interpreted what that means. It's open to interpretation as to the definition of the word "burden."

Of course she's a burden to her husband but she's not a burden to anyone else. They want to take care of her but the family have been treated like they are pests. If a Judge has only that alleged statement to go on and no living will, burden should mean to everyone not solely to the one person who really wants her dead because he's got a live-in, a kid and another on the way.

It doesn't even matter that she's conscious. It's all speculative and if Jeb Bush doesn't intervene with a special session, his political career may not go any further in 2006. Then when Hitlery becomes President, we'll wonder what went wrong.

25 posted on 09/07/2003 2:20:13 PM PDT by floriduh voter (http://www.conservative-spirit.org/)
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To: upright_citizen
I don't feel that anyone (regardless of condition)has the right to intervene in God's decision.Its tough to see anyone hurting or near death but hard as it may be to believe,MIRACLES DO HAPPEN!I am not God and therefore have no right to decide who lives and who dies.
26 posted on 09/07/2003 2:25:54 PM PDT by INSENSITIVE GUY
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To: MarMema
Unfortunately there are more than a few rotten apples in the Catholic Church. It must have been a slap in the face for the Schiavos to ask their Church for help, then receive a reply like that.
27 posted on 09/07/2003 2:29:52 PM PDT by TheSpottedOwl (Davis has just been downgraded from eGray Hooker to 2 dollar whore...)
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To: upright_citizen
Originally we did begin by pulling the plug on people who were mostly unresponsive, on ventilators, did not open their eyes. Karen Ann Quinlan types.

But there has been a lot of rapid progression. We went next to killing those who could breathe on their own but were still fairly unresponsive - they jumped at pain, but mostly did not interact with people, visibly. Marcia Gray types. People who probably were in a vegetative state.

After that, we began to kill people who were just brain-damaged though. Nancy Cruzan and Christine Busalacchi types. They spoke words, they could eat solid food quite well but struggled with liquids, they were incontinent, but they also smiled, laughed, frowned, and waved to people. Nancy and Christine were killed because they were unable to care for themselves. Christine in particular, was not PVS ( persistent vegetative state). Hugh Finn's case is questionable here also, I think.

So now we are killing people who can function to some degree but are just too darn expensive, cumbersome, or in the way and keeping that inheritance delayed.
We need to put a brake on it.

And finally if you do some reading about death by dehydration, which is what happens when you remove the feeding tube, I don't think you'll find it to be a choice you would make for yourself. None of us want to live on indefinitely in a coma, but death by starvation/dehydration is cruel, long, and horribly hard on these people. None of us would be free after doing this to a horse, but we can certainly do it to people who are less functional than we are? Not that I think injection should come next, it probably is very close behind all of this, and they will use the cruelties of dehydration to promote the lethal injection for the disabled.

Do look at my FR page for some stories about people we have killed. And these are the ones we know about....

28 posted on 09/07/2003 2:30:44 PM PDT by MarMema
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To: MarMema
I am in absolute agreement with you on this and there is nothing in the article or your posts that suggests Catholic-bashing on this thread. Remember, I represented 1100 of those called (mistakenly in my state) Operation Rescue. They also tried to intervene in Florida in another case years ago very similar to the Schiavo case.

The elitists that be set a standard that says that if anyone seems to remember that the target of death by starvation and dehydration may have ever said he/she did not want to be on tubes, then that is determinative with the seal of judicial approval. Toss another on the assembly line of murder. There are "living will" statutes in most states allowing a person to formally request assisted suicide by dehydration or starvation. We would not let anyone determine the care of their pet goldfish by such sloppy standards as: I think she wanted Uncle Wilbur to take Jaws to his house.

The culture of death marches on. You resist. I resist. I bet that former lib resists. Trust me that many Catholics resist and we resist hose like Bishop Lynch and Father Murphy who sell their souls for secular approval. Maybe St. Petersburg will some day have a truly Catholic bishop and Fr. Murphy can be defrocked for material participation in the homicide of Terry Schindler Schiavo.

Thank you for pinging me and be asured your intervention here is most welcome. As to Nancy Valko, she should only be the start of a Godly element in press and media. God bless her and hers and you and yours.

29 posted on 09/07/2003 2:31:56 PM PDT by BlackElk (Lakota Nation never legalized abortion, except the post-natal kind for Custer.)
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To: sfRummygirl
Seriously, let's pray that Michael let's Christ into his heart. I'm serious about that.

That's the best post of the day. It would fix everything. So true.

30 posted on 09/07/2003 2:34:31 PM PDT by kimmie7 (Stand up, stand up for Jesus ye soldiers of the Cross! Pray for Terri Schiavo!)
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To: feinswinesuksass
Please send it to me as I had planned on putting a mass email together tonight also. (I made a plea for help at my church this morning.)
 
If (the collective) we can can do it for a woman in Nigeria, we can do it for a woman right here in the USA.
 
 
God bless and protect Terri.

31 posted on 09/07/2003 2:34:44 PM PDT by AnnaZ (::: VOTE McCLINTOCK! ::: (Interns in Sacramento thank you in advance.) :::)
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To: shhrubbery!
Yet those who say 'yes' to termination of treatment are often ill-informed. They may not realize that many, many seemingly hopeless cases of brain-injury and coma have turned out for the better, with the injured person recovering well and living many happy years more.

I know personally of a case where doctors pronounced a patient's case hopeless; yet that patient is now a healthy, fully-functioning person 30 years later! What would've happened if he'd had a "living will"? I shudder to think.

So true.

32 posted on 09/07/2003 2:35:39 PM PDT by kimmie7 (Stand up, stand up for Jesus ye soldiers of the Cross! Pray for Terri Schiavo!)
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To: feinswinesuksass
BTW, I may have kept it together during the interview... but I lost it this morning in front of a live audience.
 
:=-(

33 posted on 09/07/2003 2:37:08 PM PDT by AnnaZ (::: VOTE McCLINTOCK! ::: (Interns in Sacramento thank you in advance.) :::)
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To: BlackElk; FormerLib; RussianConservative; OldCorps; The_Reader_David
I bet that former lib resists...

Good idea, FL and fellow Orthodox ping!!! Let me know if you do not want to be included in posts about euthanasia... so I don't pick on you or assume this is an issue you want to keep up on.

What does the Orthodox church say about euthanasia, or starvation/dehydration of *conscious* people? ( see my FR page, newly done!, for some stories about this if you want to know more)

34 posted on 09/07/2003 2:40:12 PM PDT by MarMema
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To: BlackElk
We would not let anyone determine the care of their pet goldfish by such sloppy standards as: I think she wanted Uncle Wilbur to take Jaws to his house

LOL!! You hereby get my award for post of the week!!
This is outstanding!!!

35 posted on 09/07/2003 2:43:20 PM PDT by MarMema
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To: AnnaZ
Bump and Ping!
36 posted on 09/07/2003 2:45:10 PM PDT by Maigrey (Keepin' Tags and lots o' Hugs for Sara Grace and Logan)
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To: MarMema
>It is about Theresa Schiavo's right to make her own decision, independent of her parents and independent of her husband".

IF Terri had a living will, I could go along with this statement. However, from what I have read on Terri, this supposed desire to die comes only from what her husband says. In the absence of this document, there is absolutely *no* proof that Terri does not want to continue living.

I am amazed at this judge's willingness to act on such a matter with only hear-say testimony.
37 posted on 09/07/2003 2:49:57 PM PDT by Darnright
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To: MarMema
I think that if the person is really brain-dead, whatever that means, then they should be put to sleep in the same way an injured dog is.

The "denial of nutrition" route is strictly for cowards, who won't face up to what they're doing.

Wouldn't it be interesting if she got hungry enough to wake up?
38 posted on 09/07/2003 2:55:20 PM PDT by Restorer (Never let schooling interfere with your education.)
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To: Restorer
She is awake. Go watch the videos of her. She is very much awake and conscious. That's the whole problem - she is awake but brain-damaged, and they still want to kill her.
39 posted on 09/07/2003 2:57:20 PM PDT by MarMema
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To: MarMema
BUMP
40 posted on 09/07/2003 2:57:47 PM PDT by nickcarraway
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