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  Scott H. Linden, Esq.
Attorney and Counselor at Law
Phone: (818) 968-6165
Fax:  (818) 479-9769

 

 

SPECIAL INFORMATIONAL BULLETINS:


Scott H. Linden, Esq.   1510 Cotner Ave.  Los Angeles, CA  90025   Phone: (310) 445-2953

Durable Power of Healthcare

...Don't Let What Happened to Terri Schiavo Happen to You...
"If we learn anything from this case, it's that everyone, no matter how old they are, should make their loved ones aware of whether they want an artificial way of sustaining life,"
"The same is true for same-sex couples, if you do not prepare, then you lose the right to make important health care decisions"
"If someone is clearly terminal, it's easier for families and patients to make the decision."
"The harder part is when the tube has already been put in for other reasons. It's very, very difficult psychologically for families to see the fluids and the food in the tube stopped."
Terri Schiavo is a woman who suffered a heart attack 15 years ago, who essentially died but was resuscitated, though not entirely. Her brain had suffered enormous damage from the heart attack. 

As time passed, her brain further deteriorated -- to the point where much if not most of her cerebral cortex (the portion of the brain that controls conscious thought, among other things) was literally gone, replaced by spinal fluid. Doctors hired by Terri's husband say the deterioration of Terri's brain left her without thoughts or feelings, that the damage is irreversible, and that Terri's life-like appearance is merely the result of brain stem activity -- basically involuntary reflexes we all have. 

An independent doctor hired by the court reached the same conclusions. Doctors hired by Terri's parents did not dispute the physical damage done to Terri, but they claim there are new therapies that could improve her condition. 

In two separate trials, the trial court found such claims of potential improvement to be without merit. Terri's body continues to function without her cerebral cortex. She is sustained by a feeding tube surgically inserted into her stomach. She cannot eat through her mouth without a strong likelihood of choking to death.

Mrs. Schiavo has a husband who lived with his in-laws following Terri's heart attack, who apparently provided care and therapy for years but who later came to believe Terri would never recover. He believes she would not have wanted to be kept alive in this brain-degenerated condition by a surgically implanted tube. 

He is apparently willing to continue his fight to achieve what he believes Terri would want despite ridicule, hatred, expense, and threats.

Mrs. Schiavo has parents who were once allied with Terri's husband in an effort to care for Terri and restore her but, unlike Terri's husband, they never lost hope. They believe Terri reacts to them and has conscious thoughts. They believe Terri would not want, and does not want, her feeding tube removed, and that some cognitive function could be restored through new therapies. 

Terri's parents are willing to continue their fight to achieve what they believe Terri would want despite ridicule, hatred, expense, and threats.

The State of Florida has judges who had been placed in the utterly thankless position of applying Florida law to this impassioned situation. 

Florida law calls for the trial court to determine what Terri would choose to do in this situation, and after a trial hard fought by Terri's husband and her family, where each side was given the opportunity to present its best case about what Terri would do, the court determined the evidence was clear and convincing that Terri would choose not to continue living by the affirmative intervention of modern medicine -- that she would choose to have her feeding tube disconnected. 

In a second trial, brought about by Terri's family's claims new therapies could restore her and that the existence of such a therapy would make her "change her mind," the trial court again heard evidence from all sides and determined that no new therapy presented any reasonable chance of restoring Terri's brain function. 

The propriety of these decisions -- from the sufficiency of the evidence to the appropriateness of the procedures used -- has been unanimously upheld on appeal each time.

You were left with a public that was much confused. Some saw video clips of Terri moving, appearing to make eye contact, and making sounds, and they assumed such are the product of conscious thought -- that Terri's "in there." 

  • Some believe Terri's husband has been motivated by money. 
  • Some believe that no heart attack occurred -- instead, Terri's husband beat her nearly to death and has been trying to end her life ever since. 
  • Some believe he is a bad person because he has taken up with another woman and has children with her. 
  • Some believe Florida's judiciary is corrupt or inept, to the point where death threats have been made against the trial judge. 
  • Some are sad that families would fight like this. 
  • Some believe that removing Terri's feeding tube would cause her pain and is inhumane 
  • Some are disappointed that the law does not allow someone in Terri's condition to be kept alive perpetually if a family member is willing to care for him or her. 
  • Some believe no life should be permitted to reach an unnecessary end unless irrefutable proof, or at least written proof, shows the person wanted things that way.

But What is "Written Proof"?

A LIVING WILL WOULD HAVE MADE 
TERRI SCHIAVO'S DESIRES KNOWN

A Durable Power of Healthcare, also known as a Living Will, Makes Clear Your Intent as to

  • Receiving Pain Relieving Medication,

  • Being Kept Alive by Artificial Means including Machinery,

  • Having an Autopsy Performed to Determine Cause of Death,

  • Donation of Organs and Any Limitations Thereto,

  • What to Do With Your Remains,

  • And More.

    Schofield & Grossman can also Assist in the Creation of a Prehospital Do Not Resuscitate (DNR) Instructions.  This will tell the Emergency Medical Service (EMS) Personnel that You Do Not Want Life Resuscitation in the event of cardiopulmonary arrest, a stoppage of the heart.

CONTACT US NOW for more information

   
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