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Facts, Lies, and Videotapes: The Permanent Vegetative State and the Sad Case of Terri Schiavo

Published online by Cambridge University Press:  01 January 2021

Ronald Cranford
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Extract

Right to die legal cases in the United States have evolved over the last 25 years, beginning with the Karen Quinlan case in 1975. Different substantive and procedural issues have been raised in these cases, and society's thinking has changed as a result of the far more complex legal issues that appear today as opposed to the simplistic views raised in early landmark cases. Many of the early cases involved patients in a vegetative state, but more recently patients who were in a minimally conscious state have been the center of attention. Early cases involved the withdrawal of respirators and other sophisticated technology, but later cases centered on the withdrawal of artificial nutrition and hydration, and even whether it was permissible for competent patients to stop eating and drinking in a normal manner. Initial cases pitted families who argued for withdrawal of treatment, usually against the attending physicians and hospitals and/or the state or federal government, who argued for continuation of treatment.

Type
Commentary
Information
Journal of Law, Medicine & Ethics , Volume 33 , Issue 2 , Summer 2005 , pp. 363 - 371
Copyright
Copyright © American Society of Law, Medicine and Ethics 2005

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References

President's Commission for the Study of Ethical Problems in Medicine and Biomedical Research, Washington D.C. “Deciding to Forego Life-Sustaining Medical Treatment,” (1983); Gostin, L., “Life and Death Choices after Cruzan,” Law Medicine and Health Care (1991): 9–12; Jennett, B., The Vegetative State: Medical Facts, Ethical and Legal Dilemmas (New York: Cambridge University Press, 2002); The Hastings Center, Guidelines on the Termination of Life-Sustaining Treatment and the Care of the Dying (Briarcliff Manor, NY: The Hastings Center, 1987).Google Scholar
Ashwal, S. Cranford, R. Bernat, J. L. et al., “Guidelines for State Court Decision Making in Life-Sustaining Medical Treatment Cases,” Coordinating Council on Life-Sustaining Medical Treatment Decision Making by the Courts, revised 2nd edit, A Project by the National Center of State Courts (St. Paul, MN.: West Publishing Company, 1993); “Position of the American Academy of Neurology on Certain Aspects of the Care and Management of the Persistent Vegetative State Patient,” Neurology (1989): 125–126, at 39; “Medical Aspects of the Persistent Vegetative State: Statement of a Multisociety Task Force,” Approved by the American Academy of Neurology, the Child Neurology Society, the American Academy of Pediatrics, the American Association of Neurological Surgeons, and the American Neurological Association, New England Journal of Medicine 330, no. 21 (1994); 1499–1508: New England Journal of Medicine 330, no. 22 (1994): 1572–79.Google Scholar
Broder, A. J. Cranford, R. E., “‘Mary, Mary, Quite Contrary, How Was I to Know?‘ – Michael Martin, Absolute Prescience, and the Right to Die in Michigan,” University of Detroit Mercy Law Review 72 (1995): 787–832; Nelson, L. J. Cranford, R. E., “Michael Martin and Robert Wendland: Beyond the Vegetative State,” Journal of Contemporary Health Law and Policy 15 (1999):427–453.Google Scholar
Brophy v. New England Sinai Hospital., 398 Mass. 417, 497 N.E.2d 626 (1986).Google Scholar
In the Matter of Nancy Ellen Jobes, Sup. Ct. of NJ Chancery Division-Morris County Docket No. C-4971-85E, (1986).Google Scholar
In re Schiavo, (Fla. Cir. Q., February 11, 2000) (No. 90-2908-GB-003), Judge George Greer, p. 2; In re Guardianship of Schiavo, 780 So. 2d 176, 177 (Fia. 2d DCA 2001).Google Scholar
Diagnoses in quotation in this paragraph are taken directly from the medical records of Terri Schiavo.Google Scholar
See In re Schiavo, supra note 6: at 2–3.Google Scholar
Goodnough, A., “With His Wife in Limbo, Husband Can’t Move On,” New York Times, November 2, 2003, at 14.Google Scholar
Colby, W. H., Long Goodbye, the Deaths of Nancy Cruzan (Carlsbad, California: Hay House Inc., 2002); Annas, G. J. Arnold, B. Aroskar, M. et al., “Bioethcists' Statement on the U.S. Supreme Court's Cruzan Decision,” New England Journal of Medicine 323, no. 10 (1990): 686–687.Google Scholar
John F. Kennedy Memorial Hasp. v. Bludworth, 452 So. 2d 921 (Fla. 1984); In re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990).Google Scholar
See In re Schiavo, supra note 6.Google Scholar
Giacino, J. Ashwal, S. Childs, N. Cranford, R. et al., “The Minimally Conscious State: Definition and Diagnostic Criteria,” Neurology 58 (2002): 349–353.CrossRefGoogle Scholar
Ashwal, S. and Cranford, R. “The Minimally Conscious State in Children,” Seminars in Pediatric Neurology 9, no. 1 (2002): 19–34.CrossRefGoogle Scholar
In re Schiavo, 2002, WL 31817960 (Fla. Cir. Ct. November 22, 2002) (No. 90-2908-GB-003), Judge G. Greer: at 2.Google Scholar
See In re Schiavo, supra note 15: at 4–5.Google Scholar
See In re Schiavo, supra note 15: at 7; For a review of Dr. Hammesfahr's use of transcranial Doppler testing and vasodilator therapy, see the comments by Dr.Novella, S. at <www.quack-watch.com> (last visited April 13, 2005), most recent revision February 14, 2000. (last visited April 13, 2005), most recent revision February 14, 2000.' href=https://scholar.google.com/scholar?q=See+In+re+Schiavo,+supra+note+15:+at+7;+For+a+review+of+Dr.+Hammesfahr's+use+of+transcranial+Doppler+testing+and+vasodilator+therapy,+see+the+comments+by+Dr.Novella,+S.+at++(last+visited+April+13,+2005),+most+recent+revision+February+14,+2000.>Google Scholar
See In re Schiavo, supra note 15: at 8.Google Scholar
See In re Schiavo, supra note 15: at 6.Google Scholar
Alfonso, I. Lanting, W. A. Duenas, D. Cullen, R. F., and Papazian, O., “Discontinuation of Artificial Hydration and Nutrition in Hopelessly Vegetative Children,” Annals of Neurology 32, no. 3 (1992): At 454–5.Google Scholar
In re Guardianship of Schiavo, 800 So. 2d 640 (Fla. 2d Dist. Ct. App. 2003): at 4–6.Google Scholar
See In re Guardianship, supra note 21: at 9–10.Google Scholar
See In re Guardianship, supra note 21: at 10Google Scholar