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The Right to Die: The Law of End-Of-Life Decisionmaking
COMMENTARIES Ethics, the Constitution, and the Dying Process The Case of Theresa Marie Schiavo Terri Schiavo: Facts and Judicial History Lawrence O. Gostin, JD In 1990, fifteen years before she became a symbol of the right EDERAL AND STATE COURTS HAVE REACHED A BROAD to life movement, Terri Schiavo, then 26, experienced car- consensus on matters of death and dying since the diac arrest and sustained severe brain damage. Her plight seminal cases of Karen Ann Quinlan in 1976 and prompted a contentious decade-long legal dispute that re- FNancy Cruzan in 1990. So too has there been sub- sulted in Ms Schiavo’s percutaneous endoscopic gastros- stantial consensus in the bioethics literature. Courts and schol- tomy (PEG) tube being removed and reinserted twice. Shortly ars have affirmed a person’s right to refuse life-sustaining treat- after Ms Schiavo’s cardiac arrest, her husband, Michael ment and concluded that this right remains intact even if the Schiavo, was appointed guardian, without objection from person is no longer able to speak for herself. Near relatives Ms Schiavo’s parents (Mr and Mrs Schindler). In 1992, Ms and the courts should adopt the same course of action the Schiavo received 2 medical malpractice awards, with most
JAMA – American Medical Association
Published: May 18, 2005
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