...Running head: LEGAL CASE STUDY: TERRI SCHIAVO CASE Legal Case Study: The Terri Shiavo Case University of Phoenix Legal Case Study: Terri Schiavo Case Terri Schiavo sustained a permanent brain injury on February 25, 1990. She did not have a living will or a durable power of attorney. Her husband, Michael Shiavo, was appointed her legal guardian. Because Ms. Shiavo was unable to swallow, a feeding tube kept her alive and nourished. Later that year, she was determined to be in a persistent vegetative state (PVS). Throughout the early 1990’s, Mr. Shiavo worked hard with his wife’s health care team, providing her with extensive rehabilitation, which included physical, occupational, and speech therapies. Despite this effort, Ms. Shiavo’s condition did not improve. After he accepted his wife’s prognosis, he worked to follow through with what he stated were her beliefs that she would not want to continue to be kept alive through the means of artificial life support. Her parents disagreed with his convictions of what his wife would want, and subsequently the most watched ethical dilemma played out for the world to see. (Perry, Churchill, & Kirshner, 2005). This case has been the focus of medical, legal, theological, ethical, political, and social controversy nationwide. The case alone threatened to undo thirty years of ethical and legal progress enabling individuals to control and limit medical interventions performed on them. (Hook & Mueller, 2005). This paper will discuss...
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...As a group, we believe that euthanasia is a personal matter. The dilemma here is whether or not Terri Schiavo should be allowed to live or die. A resolution to this ethical dilemma is to have laws in place that would allowed the health care surrogate in this case the husband to execute his wife’s wishes without any problem. Per Mr. Schiavo, Terry had expressed wishes that she would not want her life to be maintained artificially. Therefore, it was his duty to honor, respect and intervene on her behalf no matter what the other side thinks. As a group we believe that Mr. Schiavo had the right to act on behalf of his wife. We also believe that the government had no business interfering with a case that clearly violated Terri’s right of autonomy....
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...Analysis of an Ethical Dilemma Part 2 Gary Bigge, Diana Hanakahi, Jennifer Lockwood, Sheryl Murray, Alex Warkenthien Grand Canyon University Ethics NRS 437V Linnette Nolte March 3, 2013 Analysis of an Ethical Dilemma Part 2 As a continuation of a previous study, the Grand Canyon University Team White Ethics Committee further examines the dilemma of euthanasia. Four individual personal interviews were conducted and the results are included below. The Team White Ethics Committee has been tasked with the challenge of comparing similarities and differences between the cases we have studied and making a recommendation on each case based on our interviews and personal beliefs. The first case was Dax (Busada, 2011) and the second case was Terry Schiavo (Springs, 2009). Interview #1 To receive a spiritual leader’s perspective about euthanasia, Pastor Sandy Ash of Harbor Chapel Community Church in Moss Landing, California was interviewed. The interview started by giving Pastor Ash a brief background regarding both the Dax and Terry Schiavo stories. When asked about her view on euthanasia, Pastor Ash stated, “If it’s a person who doesn’t want to live then there’s still hope and they shouldn’t give up since there is no machine keeping them alive. There’s a lot to live for” (Ash, 2013). Pastor Ash also added, “It depends on what stage. If there’s a machine then the person should let them go if they want to go, if that’s their wish” (Ash, 2013). With Terry’s case, she...
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...Title: The relationship between the Church and the State Group 7 2A11 I. Abstract The study of this research is to further explain the relevance of the two said unions and how their roles towards developing the welfare of the human person. This study will also explain the foundation and the sole purpose of the political community. The significance of the political community of today can somehow be depressing because some are doing not their jobs right thus creating some issues. This paper will explain the issues on how the church and the state doesn’t come in to terms but we won’t go further into it. Also the explanation of the political authority’s foundation, roles and its rights. They might have the right to lead us into become a better society but God has more dominion over us than them. Also this paper will be presenting different Christian Challenges that will be answered by us personally and as a group. It is concluded that relationship between the church and the state might be bad at the start but what they are doing are for the welfare of the people and seeks to it that the people are able to achieve their ultimate happiness. II. Introduction The Relationship between the Church and the State has been a very intriguing for past centuries. In the Roman Era, Christianity was considered a Jewish Cult and the Christian at that time spent their practice in hiding so that they will not be persecuted by the Romans. It was in the time of Emperor Constantine...
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...Analysis of an Ethical Dilemma, Impact of Voluntary/Assisted Euthanasia Luellen Lawler, Soma Philip, Annamma Anto, and Janice Haddock Team Green, Grand Canyon University Ethical Decision Making in Health Care 437 V Dr. Ann Leslie Claesson September 01, 2012 Analysis of an Ethical Dilemma, Impact of Voluntary/Assisted Euthanasia There are several topics in the field of biomedical ethics that are controversial and by nature require careful examination of one’s own values and viewpoints. The purpose of this paper is to provide an analysis of voluntary or assisted euthanasia and the ethical implications it entails in relation to the profession of nursing. Nurses have the responsibility to act in their patient’s best interests. However, that may become difficult in the event that a patient asks for help in the task of ending his or her own life. There were two case scenarios provided for review concerning the topic of voluntary or assisted euthanasia. The common ethical implication among nurses involved in these particular cases seems to be the ambivalence they experience in relation to their level of involvement. Although nurses worldwide are confronted with euthanasia requests from patients, the views of nurses on their level of involvement in euthanasia remains unclear (Dierkx de Casterle, Verpoort, De Bal, & Gastmans, 2006). It stands to reason that palliative care nurses in particular, would have the highest frequency of experience with patients who are...
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...Discuss the relationship between at least TWO of the aspects shown in the diagram below and the way they contribute to Christianity as a living religious tradition The application of Christian ethics is a fundamental practice in an adherent’s life, assisting them in following God’s will. The most important representation of these ethics being used in practice is by the ultimate model of goodness, Jesus Christ. Jesus’ words and actions reflect the key foundations of ethical teachings, such as agape love, compassion, and unity, through which he encouraged adherents to live their lives by through his ministry. The application of these ethical teachings into modern society, was catalyzed by Pope John XXIII. Throughout his 5 year papacy, pope john revolutionized and conformed the tradition into contemporary society in an attempt to reconnect adherents to the original teachings of jesus. In doing so, he contributed to Christianity as a living religious tradition as he encouraged adherents to apply traditional values of Christianity, towards issues that are prominent in an ever-changing modern society such as sexuality and its expression. Through following ethical teachings as reflected by Jesus’ ministry can be applied to important issues such as sexuality and its expression. By visiting prisons and hospitals, Pope John XXIII reinforces the commandment of love, the golden rule ‘Love your neighbor as yourself.’ Prisoners are seen as outcasts of society, however Pope John XXIII understood...
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...Christians are taught to reject violence, the strongest statements against engaging violence come from the preaching of Jesus himself. In Matthew 6:39 it states ‘turn the other cheek’, this statement has a strong impact on all Christians and teaches them not to retaliate or return violence with violence. One major principal teaching supporting this notion is the ‘just war theory’. The Just war theory sought to establish guidelines under which it was morally acceptable to engage in warfare. It maintains that nations are morally justified in fighting war providing that the circumstances of the conflict meet the seven principles that suggest the requirements to be involved in war. In April 1963, Pope John XXIII wrote the encyclical Pacem in Terris due to the cold war which is addressed to not only Christians but ‘all men of good will’. It recognized peace as a necessity and a goal that exceeded all national and denominational boundaries and attracted all on the level of shared humanity. The document established 4 major guidelines for following the pathway of peace; the importance of the inviolability of a person’s rights; the universal nature of...
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...CST DOCUMENTS Pacem in Terris, Peace on Earth Pope John XXIII, April 11, 1963 This document is available on the Vatican Web Site: www.vatican.va. In Peace on Earth, Pope John XXIII contends that peace can be established only if the social order set down by God is fully observed. Relying extensively on reason and the natural law tradition, John XXIII sketches a list of rights and duties to be followed by individuals, public authorities, national governments, and the world community. Peace needs to be based on an order “founded on truth, built according to justice, vivified and integrated by charity, and put into practice in freedom.” Written during the first year of Vatican II, Peace on Earth was the first encyclical addressed to “all people of good will.” Issued shortly after the Cuban Missile Crisis in 1962 and the erection of the Berlin Wall, this document spoke to a world aware of the dangers of nuclear war. Its optimistic tone and development of a philosophy of rights made a significant impression on Catholics and non-Catholics alike. DOCUMENT OUTLINE Order Between people Every human is a person, endowed with intelligence and free will, who has universal and inviolable rights and duties (#9). Rights • Rights to life and worthy standard of living, including rights to proper development of life and to basic security (#11). • Rights of cultural and moral values, including freedom to search for and express opinions, freedom of information, and right to education (#s...
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...Ethical Principles Violated In 1990, Terri Schiavo suffered cardiac arrest leading to a persistent vegetative state. Over the next 15 years, her case received international attention as her husband and parents argued over how to fulfill Terri's end-of-life wishes. Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care (Fine, 2005) On March 31, 2005, Terri Schiavo (born December 3, 1963) died -- the final complication of a cardiac arrest on February 25, 1990. Her death was preceded by the withdrawal of artificially administered hydration and nutrition through a feeding tube. Prior to her death, Terri's saga was the focus of intense medical, ethical, and legal debates in the United States and elsewhere. These debates were characterized by confusion about the facts, ethical principles, and laws relevant to the case. Much of the confusion revolved around a number of ethical and legal questions including: Is it ethically and legally permissible to withhold or withdraw life-sustaining treatments from patients who do not want the treatments? Is withholding or withdrawing...
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...organizations always make the “right” choices in reference to challenging decisions. However there are times where patient’s families make ethical decision making by the healthcare team virtually impossible. Hospital ethical committees and even the legal system in certain situations must oversee such cases. There have been many cases where patients’ lives have been sustained by artificial measures and the issue of right to die has been debated. These individuals are in hospitals and long term facilities where everyone from family to the healthcare providers have an opinion. One particular instance would be the Terri Schiavo case where a young woman’s life had been sustained by artificial means for 15 years. A public battle was waged between her family and her husband and the decision to end her life. The case lingered on and ultimately the US congress had to intervene. As Terri Quill (2005) stated in relation to the case, “how can it be that medicine, ethics, law, and family could work so poorly together in meeting the needs of this woman who was left in a persistent vegetative state?” Cases like Terry Schiavo are not encountered everyday in a healthcare organization but to a lesser extent there are ethical situations that are. Healthcare organizations must also address ethical issues in terms of the financial aspect of healthcare. There has been a significant increase in awareness of healthcare fraud. Some examples would be physicians billing for services that were not rendered...
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...Ethical Decision Making in Health Care 2014 Terry Schiavo Documentary Euthanasia is “intentionally causing the death of a person, the motive being to benefit that person and to protect them from further suffering. Many people who contemplate voluntary euthanasia are terminally ill or have been suffering with an illness for an extended time and they just want to end their suffering and pain. ne commit suicide or for not assisting them in the suicide process and allowing them to linger and shall not kill and that we should not interfere with God’s plans. Eastern religions’ stance is not to harm any living things and thus assisted suicide is unacceptable (BBC, 2014). Nurses have an obligation to provide our patients with the best care possible, physically, emotionally, and spiritually. Nurses need to meet the needs of their patients and families, this is particularly important with end of life care. Nurses need to make patients comfortable, allow them to voice their concerns, with the moral, spiritual, ethical, and social effects for the rest of their life. Decisions about life and death in the health professions are among the most challenging from an ethical and a practical viewpoint (Purtilo & Doherty, 2011). Nurses play key roles in caring for people at the end of life which include assessing and managing pain, addressing psycho-spiritual needs, articulating values, goals, and beliefs that influence the decisions made at the end of life, for not only the client...
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...person’s right to make their own health care decisions. In the act, congress decided consumers had the right to make their own health care choices or appoint someone who can make that decision for them if they can no longer speak for themselves. It was deemed important enough that CMS (Center for Medicare and Medicaid Services) mandated that all hospitals, home health and hospice agencies, skilled and long term facilities who receive their funds, are mandated to inform patients of their rights under state law to execute advance directives. The article discusses the legal mechanisms for consent or refusal of treatment including: living wills, durable power of attorney for health care and medical directives. The legal ramifications of the Terri Schiavo case was that there was no health care directive executed by her other than a conversation with her husband in which she stated she would not want to have her life prolonged if she was in a persistent vegetative state. Without a health care directive, after three years the decision to remove artificial nutrition and hydration was made by her husband (legal guardian). Terri’s parents and siblings disagreed and thus began a judicial, legal, ethical and media circus. The parents and siblings deemed the removal of the artificial hydration and nutrition was against the patient’s religious beliefs of the Catholic Church as it is considered a form of euthanasia. This posed the question: Was it legal to withhold nutrition and hydration...
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...EUTHANASIA- The “Right” to Die ABSTRACT Euthanasia is one of those Taboo topics that individuals try to distance themselves from due to the fact that it’s a sensitive issue. Most individuals try to take a politically correct stand without evaluating the impact it has on the aggrieved party’s life. Euthanasia in itself may seem a simple issue at the first instance, but by probing deep into the issue we are made to ponder a lot about not only its ethical aspects but also the stakes involved in exercising Euthanasia as a fundamental right of an individual. The dilemma in this issue is a lot more complicated if we were to compare it to other conventional ethical dilemmas because both the stands seem morally right, but there’s a legal perspective which opposes one school of thought and supports the other. Is an individual allowed to determine his death if survival is more of a formality? If so what is the basis of qualifying a case to be a suitable contender for euthanasia? Is the judiciary ignoring this since Euthanasia is an issue faced by a minority? SOME FAMOUS VOICES ON EUTHNASIA: 1. Mr. Ravi B Naik, former High Court Judge and Senior Advocate: (deccanherald.com) “When it is not possible for man to give life, who is he to take it away? We should leave death in the hands of God who gave life. There is no law that allows killing by force till a man dies naturally, nor should there be one. In a situation where it is ‘impossible to live’, people die naturally. When they don’t...
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...Final Project 1. Biological and Environmental – Fertility: Three specific procedures that can help to increase the chances of fertility or help families who cannot conceive are, In Vitro Fertilization (IVF), Donor Eggs and Surrogacy. For each of these procedures, the couples should first seek an OB/GYN to assist them in gaging their fertility capabilities. From that point on, the Doctor will then refer them to an Embryologist or Specialist in that particular area or process. It is also good to receive feedback or suggestions from friends or family who have personally gone through the procedure. If couples have difficulty finding a good recommendation, this website provided below will help them to further this process. http://www.ihr.com/infertility/ivf/how-to-select-infertility-ivf-clinic.html 2. Prenatal Development, Birth and Newborns- Institutions: Three specific institutions that I will discuss are, Graham’s Foundation, Little Big Souls and the European Foundation for the care of newborn infants (EFCNI). All three of these organizations help to support parents and physicians of premature babies. There resource websites are as follows: * http://grahamsfoundation.org/ * http://www.littlebigsouls.com/ * http://www.efcni.org/ 3. Infancy- How to Breastfeed: First, they suggest that you learn as much as you can about breast feeding before you even start. They suggest that you talk with other moms you know who have had experience in breast...
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...The Moral Dilemma – Euthanasia I have chosen to evaluate the Terri Schiavo ‘right to die’ case. This case dealt with the decision whether or not to remove her life support (feeding tube). In Terri’s situation she was in a persistent vegetative state (PVS). Therefore, Terri could not make the decision to remove her feeding tube for herself. The decision, therefore, was left to her husband who decided it would be best to remove her life support (feeding tube) which was opposed by her parents. Thus, the moral dilemma to evaluate, should human beings have the choice to die (right to die)? Moreover, should others have the right to make the decision for you? In this case, the type of euthanasia in practice is non-voluntary. Her particular case involved a combination of euthanasia types, meaning, nonvoluntary and passive with no extraordinary measures. Nonvoluntary because Terri could not make the decision for herself and passive because the removal of her feeding tube would eventually allow her to die. Lastly, with no extraordinary means, meaning, no additional measures or treatments applied to her condition that has no way of helping her state. Therefore, the burden of her situation outweighs any benefit (Mackinnon & Fiala, 2015). To evaluate this ‘right to die’ issue, we must consider the consequentialist and nonconsequentialist considerations. ‘Rule utilitarianism (RU) is the primary factor since ‘act’ utilitarianism (AU) would not work as a consideration in this case...
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