If That Ever Happens to Me: Making Life and Death Decisions after Terri Schiavo

By Lois Shepherd | Go to book overview

6
THE IMPLICATIONS
OF SURROGACY

While it was Michael Schiavo's preference, and request, that Terri's feeding tube be removed, it was never his decision. As we've already seen, under the law, the surrogate speaks for the patient, but it is the patient's wishes that must direct the surrogate's expression. Law professor Norman L. Cantor describes the question we should ask as follows: If the patient could become competent for a moment, what would this person tell us he or she would want done? Unless the patient has left a written directive, the surrogate must speak for the patient on this question. Even when the patient has left written instructions, these instructions often do not address the exact situation encountered, or they give ambiguous or sometimes even contradictory directions. In those situations, too, someone has to speak for the patient, explaining what that person must have really meant when he or she provided the written instructions. As the Florida Supreme Court wrote in the 1990 case of In re Browning, “One does not exercise another's right of self-determination … by making a decision which the state, the family, or public opinion would prefer. The surrogate must be confident that he or she can and is voicing the patient's decision.”1 In one of the appellate court opinions reviewing the order to remove Terri Schiavo's feeding tube, the court wrote that the case “is about Theresa Schiavo's right to make her own decision, independent of her parents and independent of her husband.”2 In other words, the surrogate is supposed to be a mere conduit and should refrain from injecting personal wishes into his or her statement of the patient's wishes.

But, of course, this method is fraught with problems. In the vast majority of cases, no court ever assesses the surrogate's actions. And who does the law look to as surrogates? Spouses, parents, adult chil-

-112-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
If That Ever Happens to Me: Making Life and Death Decisions after Terri Schiavo
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • Introduction 1
  • 1: Disorders of Consciousness and the Permanent Vegetative State 15
  • 2: Legal and Political Wrangling Over Terri's Life 35
  • 3: In Context— Law and Ethics 57
  • 4: Terri's Wishes 77
  • 5: The Limits of Evidence 96
  • 6: The Implications of Surrogacy 112
  • 7: Qualities of Life 128
  • 8: Feeding 143
  • 9: The Preservation of Life 162
  • 10: Respect and Care an Alternative Framework 173
  • Appendix - The National Right to Life Committee's Model Starvation and Dehydration of Persons with Disabilities Prevention Act 189
  • Notes 193
  • Bibliography 201
  • Index 215
  • Studies in Social Medicine 223
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 224

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.