Essay Sample on Prolonging Life with Artificial Support: A Health Law and Ethics Analysis

Introduction

It is quite clear that the legal case has a well-established procedure for the proceeding of the court's decision regarding the situation. In the United States, the laws regarding the prolongation of life through artificial supportive measures were not apparent until the case of Terri Schiavo, whose case created the attraction of the public and politicians as well. In this paper, there is an exploration of the health law and ethics to be in a better position in determining the decisions of Terri's husband and her parents regarding her medical treatments. Therefore, this provides a clear understanding of the existing laws on health-related issues in the United States. Besides, it further investigates the roles played by various medical practitioners and court judges whose duty was to help those in need of their assistance.

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In 1990, a woman was known by the names Terri Schiavo accidentally sustained heart dysfunction, which also hinders breathing and brain functioning due to low potassium level which lowers oxygen supply. But when this happened to her, she was taken at the hospital for resuscitation to help her recover to a reasonable life condition (Perry et al., 2005). For depth insight into the case, it is worth considering the assistance provided to her for the sake of recovery. And this is necessary for the exploration of the reasons why the husband and parents of the latter arrived at the diverse final decision of the assistance required for the patient-Terri Schiavo (Blendon et al., 2005). It is, however, more critical for considering the health condition that Terri was undergoing so that to realize the duties of each party involved (Ronald et al., 2019). Although she was in an irreversible vegetative state, there is a need for understanding the laws regarding guardianship in the United States. This provides the basis at which to form an argument about health ethics and laws.

Upon the arrival of Terri Schiavo at the hospital, the medical practitioners diagnosed her and found out that the lack of oxygen presence into the brain is the leading cause of becoming unconscious (Weijer, 2005). However, they tried to provide necessary assistance for improving her condition, but it fails and she was declared to in a constant state. Thus, this prompted the provision of various therapies such as physical, speech, occupational and even experimental therapies (Blendon et al., 2005). All these therapies were carried out in the hope of returning her state of awareness. Due to the unchanging state of Terri after years of different treatments, Michael Schiavo requested the court to order the removal of the feeding tube (Henry, 2007). But this was not received with warmth hand by her parents, Mary and Robert Schindler.

For the first time on 24th April 2001, the feeding tube was removed by the doctors as order by the Sixth Circuit Court of Florida. The court order was based on the wish of the patient, Terri, who would not have wished to stay supported by life-prolongation devices into her body (Perry et al., 2005). Therefore, this reflects the laws regarding the so-called 'Right-to-die' as per the provision of the US Constitution. On the other hand, the parent of Terri refused the court order to remove the tube, but this yielded little to change the court's decision (Weijer, 2005). However, it took years for the court to reach the final decision since the petition was first brought before the court in 1998. After the appeal of her parents, Robert and Mary Schindler, the doctors were ordered to reinsert the feeding tube (Ronald et al., 2019). But finally, it was removed in 2005 a few weeks before she died on 25th February 2005.

It is essential for the recognition of the applications of health law and ethics in medical institutions. This implies that medical institutions operate in line with the provision of the law (Blendon et al., 2005). Concerning this, Michael Schiavo is the lawful guardian of his wife, Terri Schiavo, regardless of how the family of Terri considers him, estranger. Furthermore, the court found that Terri would have wished to undergo such treatments (Ronald et al., 2019). But this is highly strengthened by the incapacitation of Terri to make a sound decision. Therefore, this reveals how Michael to be regarded as the helped of his wife, whom he can decide on her behalf (Perry et al., 2005). There is an exception when the husband is reliable for the conditions that the wife is experiencing; hence the respect of the decision of Michael regarding the removal of the feeding tube is lawful and ethically correct.

Conclusion

In conclusion, this paper is primarily investigating the application of health ethics and law in the operation of healthcare institutions in the United States. In the case of Terri Schiavo, she was hospitalized after experiencing cardiac arrest which resulted in the vegetative state. Furthermore, the husband faced resistance after the family of the wife appeared in the court for revocation of the court decision which ordered the removal of the feeding tube of the patient, Terri Schiavo. The provision of persuasive research about the lawful act that was commissioned by the court concerning the wish of her legal guardian helps to understand the ethical operation of the healthcare practitioners in the United States.

References

Perry, J. E., Churchill, L. R., & Kirshner, H. S. (2005). The Terri Schiavo case: legal, ethical, and medical perspectives. Annals of Internal Medicine, 143(10), 744-748.

Blendon, R. J., Benson, J. M., & Herrmann, M. J. (2005). The American public and the Terri Schiavo case. Archives of Internal Medicine, 165(22), 2580-2584.

Weijer, C. (2005). A death in the family: reflections on the Terri Schiavo case. Cmaj, 172(9), 1197-1198.

Ronald, P. H., & James, J. W. (2019). Artificial Nutrition and Hydration and the Permanently Unconscious Patient.

Henry, B. (2017). Evolving ethical and legal implications for feeding at the end of life. Ann Palliat Med, 6(1), 87-90.