there seem to be two different defenses going on, which have slightly different connotations. One is that the husband should have the right to make this choice, and one is that her condition is such that she personally wouldn't want to be kept alive
Michael Schiavo did not make the decision to discontinue life-prolonging measures for Terri.This decision was upheld by Florida's Second District Court of Appeal, and the Florida Supreme Court declined to review the case.
As Terri's husband, Michael has been her guardian and her surrogate decision-maker. By 1998, though -- eight years after the trauma that produced Terri's situation -- Michael and Terri's parents disagreed over the proper course for her.
Rather than make the decision himself, Michael followed a procedure permitted by Florida courts by which a surrogate such as Michael can petition a court, asking the court to act as the ward's surrogate and determine what the ward would decide to do. Michael did this, and based on statements Terri made to him and others, he took the position that Terri would not wish to continue life-prolonging measures. The Schindlers took the position that Terri would continue life-prolonging measures. Under this procedure, the trial court becomes the surrogate decision-maker, and that is what happened in this case.
The trial court in this case held a trial on the dispute. Both sides were given opportunities to present their views and the evidence supporting those views. Afterwards, the trial court determined that, even applying the "clear and convincing evidence" standard -- the highest burden of proof used in civil cases -- the evidence showed that Terri would not wish to continue life-prolonging measures.
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Out of curiosity, what are your qualifications for assessing brain imagery, Cerebrocrat?
Robert: a perfectly fair question. Here’s what I’m not - I am not a medical doctor, and I do not evaluate human brain images as part of my daily work. I AM a recent behavioral neuroscience PhD, a research fellow in a neurophysiology lab at a major institution, and I took clinical neuroanatomy in the medical school of my graduate institution as part of my coursework; neurology rounds and clinical evaluations of CAT and MRI scans were part of the curriculum. In addition, the jewel in the crown of my graduate program was a research-dedicated MRI, which meant that many of my peers did imaging work and I had to sit through countless (zzzzzzz) departmental colloquia featuring functional brain imaging. So, no argument from me - I am not the most qualified person to evaluate Terri Schiavo’s status from one small CAT picture on the web; that would be someone who evaluates scans professionally (or at least, regularly). But part of the point of my post was that I don’t have to be - I know how brains work (I mean, up to a point, obviously), I know what healthy ones and sick ones look like, and I know what I’m looking at when I look at a brain image. Schiavo’s damage is so severe that it doesn’t take an *expert’s* eye, but merely an *educated* eye, to understand the basics of her status.
posted by null terminated at 10:44 PM on March 23, 2005