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The Desperate Case of Terri Schiavo

September 23, 2004
Associated Press

The lengthy legal battle over the fate of Terri Schiavo in Florida has heightened people's interest in Living Wills and the Healthcare Power of Attorney. It is a desperately sad case that has been running for over 10 years as a divided family fight through the courts to determine what should happen to Ms Schiavo now that she can no longer speak for herself.

PartingWishes.com CEO Tim Hewson explains how this is an extreme example of the kind of fight that is going on all over North America every day, "Many people are aware of the importance of creating a Last Will and Testament, but often overlook a complementary Living Will. This should be a part of everybody's estate planning portfolio".

"The Living Will is a very simple form" he goes on to say "that takes only a few minutes to complete. Unfortunately the case of Terri Schiavo in Florida is a terrible example of what can happen if one doesn't clearly document one's Advance Directives."

The key dates in the life of Terri Schiavo are listed below.


The timeline in the case of Terri Schiavo, who has been at the center of a protracted legal battle between her husband and parents over the husband's attempts to remove her feeding tube:

1990
_ Feb. 25: Terri Schiavo collapses in her home. Doctors believe a potassium imbalance caused her heart to temporarily stop, cutting off oxygen to her brain.

1992
_ November: Terri's husband, Michael, wins malpractice suit that accused doctors of misdiagnosing his wife; jury awards more than more than $700,000 for her care, Michael receives an additional $300,000.

1993
_ Feb. 14: Terri Schiavo's parents, Bob and Mary Schindler, have a falling out with Michael over the malpractice suit money and Terri's care.
_ July 29, 1993: Bob and Mary Schindler file petition to have Michael Schiavo removed as Terri's guardian. The case is later dismissed.

1998
_ May: Michael Schiavo files petition to remove Terri's feeding tube.

2000
_ Feb. 11: Circuit Judge George W. Greer rules feeding tube can be removed.

2001
_ Jan. 24: 2nd District Court of Appeal upholds Greer's decision.
_ March 29: Greer rules feeding tube to be removed April 20.
_ April 18: Florida Supreme Court refuses to intervene in the case.
_ April 20: U.S. District Judge Richard Lazzara grants the Schindlers a stay until April 23 to exhaust appeals.
_ April 23: U.S. Supreme Court refuses to intervene.
_ April 24: Feeding tube is removed from Terri Schiavo.
_ April 26: Circuit Judge Frank Quesada orders doctors to reinsert Terri's feeding tube.
_ April 30: Lawyers for Michael Schiavo file emergency motion with appellate court asking it to order removal of Terri's feeding tube.
_ July 11: 2nd District Court of Appeal sends case back to Judge Greer.
_ July 18: Schindlers ask Greer to let their doctors evaluate Terri before making a final decision on removing the feeding tube.
_ Aug. 10: Greer denies the Schindlers' evaluation request, as well as their request to remove Michael Schiavo as guardian.
_ Sept. 26: Schindlers' attorneys argue before 2nd District Court of Appeal, citing testimony from seven doctors who say Terri can recover with the right treatment.
_ Oct. 3: 2nd District Court of Appeal delays removal of feeding tube indefinitely.
_ Oct. 17: 2nd District Court of Appeal rules that five doctors can examine Terri to determine whether she has any hope of recovery. Two doctors are picked by the Schindlers, two are picked by Michael Schiavo and one is picked by the court.

2002
_ Feb. 13: Mediation attempts fail; Michael Schiavo again seeks to be allowed to remove Terri's feeding tube.
_ Oct. 12: Weeklong hearing begins in the case. Three doctors, including the one appointed by the court, testify that Terri is in a persistent, vegetative state with no hope of recovery. The two doctors selected by the Schindlers say she can recover.
_ Nov. 22: Judge Greer rules that there is no evidence that Terri has any hope of recovery and orders feeding tube to be removed Jan. 3, 2003.
_ Dec. 13: Judge Greer stays order to remove feeding tube on Jan. 3 until the 2nd District Court of Appeal reviews the case.

2003
_ April 4: Schindlers' attorneys ask 2nd District Court of Appeal panel to "err on the side of life" and overturn Greer's ruling.
_ June 6: 2nd District Court of Appeal upholds Greer's ruling.
_ July 15: The 2nd District Court of Appeal refuses to rehear the case.
_ Aug. 22: The Florida Supreme Court declines to hear case.
_ Sept. 2: Schindlers take case to federal court seeking judicial intervention.
_ Sept. 17: Judge Greer sets Oct. 15 date for removal of tube.
_ Oct. 3: Attorney General Charlie Crist says he won't get involved in case.
_ Oct. 7: Gov. Jeb Bush files a federal court brief urging Terri Schiavo be kept alive.
_ Oct. 10: U.S. District Judge Lazzara rules he does not have jurisdiction to intervene in case.
_ Oct. 13: Protesters and Schindler family begin 24-hour vigil at Pinellas Park hospice where Terri Schiavo lives.
_ Oct. 14: 2nd District Court of Appeal again refuses to block tube removal.
_ Oct. 15: Doctors remove feeding tube; Bush pledges to search for possible legal options to resume feedings.
_ Oct. 17: Two state courts reject the Schindler's request to reinsert the feeding tube.
_ Oct. 20: The Florida House of Representatives votes to give governor the power to issue a stay in the feeding tube dispute.
_ Oct. 21: The Senate and House pass a bill allowing Bush to intervene. He signs the bill, called "Terri's Law," then issues an order to reinsert the tube. Morton Plant Hospital begins rehydrating Terri Schiavo, six days after her feeding tube was removed. A judge rejects a request by her husband's attorney to temporarily restrain the governor's order.
_ Dec. 2: An independent guardian concludes there's "no reasonable medical hope" that Terri Schiavo will improve.

2004
_ May 6: Circuit Judge W. Douglas Baird rules the law allowing Bush to intervene is unconstitutional. The governor's attorneys appeal.
_ June 1: 2nd District Court of Appeal agrees to let Michael Schiavo's attorney ask the Florida Supreme Court to take the appeal directly, bypassing the 2nd DCA.
_ June 16: In a 4-3 order, the Florida Supreme Court agrees to take the appeal.
_ Aug. 31: Oral arguments in the case are nationally televised.
_ Sept. 23: Florida Supreme Court strikes down "Terri's Law" as unconstitutional.


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