FREQUENTLY ASKED QUESTIONS :
TERRI AND THE CASE*
Did Terri Schiavoever execute a living will or put her wishes in writing?
Answer: No, she did not.
What did Judge Greer have todetermine since there was no writing?
Answer: Florida law required him to find ‘‘clear and convincing’’ evidence of Terri’s wishes.
Why couldn't Terri divorce Michael?
Answer: Florida law would not allow it without Michael’s permission, and he would not consent to it.
Why couldn't a new guardian be appointed to care for Terri?
Answer: Although the Schindlers asked Judge Greer several times to remove Michael as Terri’s guardian, based on a number of potential conflicts of interest between Michael and Terri, the judge consistently denied their petitions.
Why couldn't the media see Terri?
Answer: Michael Schiavo and Judge Greer would not allow them in.
Why wasn't Terri taken outside?
Answer: Michael Schiavo would not allow her to be seen in public. He also chose to not have her wheelchair repaired or replaced.
Why wasn't Terri getting therapy?
Answer: Michael Schiavo did not think it would help her, and the court did not require him to provide it for Terri.
Why couldn't Terri get a new trial with a different judge?
Answer: The appeals courts affirmed Judge Greer’s rulings, and Judge Greer refused to recuse himself from the proceedings.
Why did the appeals courts not overturn Judge Greer?
Answer: The appeals courts review the law (not the facts of a case).
They determined that Judge Greer had followed Florida law as he interpreted the facts.
Why did Judge Greer never gosee Terri for himself?
Answer: He did not think it was necessary or prudent.
Where did the videos that were shown repeatedly on TV come from?
Answer: They were clips that had been shown in a court hearing in 2002, making them a public record.
Was Terri ever in a coma?
Answer: Yes, after her initial trauma in 1990, Terri was comatose for a few months.
Was Terri ever on a ventilator?
Answer: Yes, after her initial trauma in 1990, Terri was on a ventilator for approximately three months before she began breathing on her own.
When Terri was removed from the ventilator and came out of the coma, what was her diagnosis?
Answer: Terri was diagnosed as being in a ‘‘persistent vegetative state.’’
What is the difference between a coma and a persistent vegetative state?
Answer: A coma is a profound or deep state of unconsciousness. The affected individual is alive but is not able to react or respond to life around him/her. Coma may occur as an expected progression or com- plication of an underlying illness, or as a result of an event such as head trauma.
A persistent vegetative state, which sometimes follows a coma, refers to a condition in which individuals have lost cognitive neurological function and awareness of the environment but retain noncognitive function and a preserved sleep-wake cycle.
It is sometimes described as when a person is technically alive, but his/her brain is dead. That description, however, is not completely accurate. In a persistent vegetative state the individual loses the higher cerebral powers of the brain, but the functions of the brain stem, such as respiration (breathing) and circulation, remain relatively intact. Spontaneous movements may occur and the eyes may open in response to external stimuli, but the patient does not speak or obey commands.1
Can a person ever recover from a coma or PVS?
Answer: The outcome for coma and vegetative state depends on the cause and on the location, severity, and extent of neurological damage: Outcomes range from recovery to death. People may emerge from a coma with a combination of physical, intellectual, and psychological difficulties that need special attention.
Recovery usually occurs gradually, with patients acquiring more and more ability to respond. Some patients never progress beyond very basic responses, but many recover full awareness.2
Was Terri in PVS?
Answer: This is in dispute. Michael Schiavo believes she was. Terri’s family believed she was in a minimally conscious state.
What is a minimally conscious state?
Answer: This state of consciousness was first defined in 1996. In this condition, patients show occasional moments of awareness, such as attempting to communicate through speaking, writing, or using yes/no signals (other than eye blinks). A recent study in the journal Neuroscience revealed that people in this state may be quite aware, although trapped in a body that is largely nonfunctioning.3
The researchers from New York Presbyterian Hospital used brain imaging technology to show that, when played audiotapes of their loved ones’ voices, people in this state have brain activity similar to that of a fully conscious person. When no recording was played to the patients, however, their brain activity was less than half that of healthy people.
How would a doctor decide whether Terri was in PVS or MCS?
Answer: At least one criterion should be present and occur on a reproducible or sustained basis to diagnose MCS:
1. follows simple commands
2. gestural or verbal yes/no responses (regardless of accuracy)
3. intelligible verbalization
4. movements or affective behaviors that occur in contingent relation to relevant environmental stimulus and are not attributable to reflexive activity4
Any of the above behavioral examples provide sufficient evidence, although this list is not meant to be exhaustive.
Did anyone beside the Schindlers see Terri respond at an MCS level?
Answer: Yes, there were a number of nonfamily members who watched Terri interact meaningfully with her environment. These people included doctors, nurses, attorneys, and clergy.
Did the autopsy performed on Terri answer the question whether she was in PVS or MCS?
Answer: No, it did not. This type of diagnosis can only be made on living patients who can be observed. The autopsy stated, ‘‘PVS is a clinical diagnosis arrived at through physical examination of living patients.’’
* Permission to photocopy granted