November 4, 2009
Advanced Medical Directives: The Lessons Of Terri Schiavo
The Terri Schiavo case involved a seven-year long legal effort by Michael Schiavo to have his wife, Terri Schiavo, who was diagnosed as being in a persistent vegetative state (PVS) for several years, disconnected from life support.
Michael, as Terri’s guardian, had entered a do not resuscitate order for her but was convinced by the nursing home staff to have it rescinded; in 1998 he petitioned the Sixth Circuit Court of Florida to remove her feeding tube. He was opposed by Terri’s parents, Robert and Mary Schindler, who argued that Terri was conscious. Michael later transferred his authority over the matter to the court, which determined that Terri would not wish to continue life-prolonging measures.
The local court’s decision to disconnect Schiavo from life support was carried out on March 18, 2005, and Schiavo died of effects of dehydration at a Pinellas Park hospice on March 31.
This case stands as the representative example of why having an advanced medical directive plan in place is so essential. Regardless of what beliefs you may have regarding the final outcome of the case, the lesson to be learned from this tragedy is that the only way to prevent such a situation is to plan. The only way to prevent a court from interceding in such a decision, is to have a documented plan in place.
Unfortunately, human nature compels us to wait until it is too late to put such a plan in place. “That can’t happen to me”, syndrome runs rampant. When coupled with the belief that, “talking with an attorney about these issues is just too expensive”, a perfect storm is created that leads to many people into tragic situations like Terri Schiavo’s.
The truth is that with some basic planning, these types of tragedies can be avoided. Furthermore, putting advanced medical directives in place doesn’t have to be cost prohibitive. Many of my clients are surprised to learn just how easy and affordable setting up some basic health care directives can be. I am happy to discuss your specific situation with you by phone.
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