Legal Considerations The Terri Schiavo's Case - Research Paper Example

Legal Consideration; Terri Schivo’s Case Legal Consideration; Terri Schivo’s Case Judicial Process Article III of the United States constitution guarantees a fair trial for every person who commits the crime before the jury and competent judgement. Fourth, fifth and sixth constitution amendments provide additional protections for people accused of crime such as the right to prevent self-incrimination and legal representation. The criminal proceedings may be conducted through federal law based on the extent and nature of the crime (William, 2003).

Typically, a judicial process begins with arrest by law enforcement officer. When the jury decides to deliver indictment, the accused appears before the judge, formally charged with the crime, during which he/she enters a plea. Then, the defendant reviews the evidence that the case presents in order to come up with a legal argument. The case then undergoes trial under decision of the jury. Dismissal of the charges takes place when the defendant proves not guilty; otherwise, the judge gives the sentence that can be fine, execution or prison time.

After the trial, a case may be appealed in the appellate court, which takes its decisions, based on record of cases established by the trial court (William, 2003). The court of appeal has the final decision. The litigant losing in court of appeal may file the petition with the Supreme Court for a review. Healthcare Law Healthcare law offers choices to consumers and provides ways through which the insurance companies are accountable. The major features of the law include rights and protections, insurance choices, insurance costs, and laws on employers.

For instance, the preventive care offers protection for the family health where they assist in preventing illnesses and improve their health without additional costs. Basically, each of the key feature is sub-divided into sections such as, the insurance cost covers the young annual and lifetime limits, the rate review and the changes of flexible spending account among others (Felos, 2005). Professional Standards of Practice The professional standards of the practice act as guidelines when issuing professional judgment towards determination of appropriate actions to take in certain situations.

The standards are not regulations or laws. This is because the practices in a certain profession relates to different responsibilities. The organizations develop standards of practice using a panel of legal handbook and inputs from leaders of the profession. Taking the case of Terri Schiavo’s story, Terri’s parents fought against the removal of the feeding tube. After failure in trial courts, they appealed to the three branches of government at federal and state levels. This failed when the Greer, circuit court judge ordered the removal of the feeding tube based on Florida law.

This happened after Michael;Terri’s husband said that Terri disliked the idea of living in permanent vegetative state. However, Terri died thirteen days after removal of feeding tube (Greer, 2003). Cases like Cruzan and Quilan remain active after Terri’s controversy. This has led to the establishment of laws to deal with incompetent individuals who withdraw the life-sustaining treatment and artificial nutrition. Malpractice and Disciplinary Action Issues Michael filed a malpractice suit in 1992 against Terri’s obstetrician arguing of his failure to diagnose bulimia as a major cause of her infertility.

The doctor failed to take Terri’s medical history after she stopped menstruating, and Michael believed that this could have revealed the eating disorder. A friend to Terri testified during the case that she knew her to be bulimic. Michael won the case in November 1992. After payment of Terri’s medical expenses, the parents to Terri demanded to have a share of malpractice money. This led to the end of their friendship. Cause of the fall out is quite debatable (Felos, 2005). Ethical issues Though irrelevant to ethical and legal issues, animosity between Michael and Terri’s parents became a public matter.

This aroused views from different people who believed that they were all motivated by their own interest but not that of their daughter/wife. The parents believed that Michael cared more of money than Terri’s life. However, trial court found no basis for the charges by Terri’s parents. Terri’s parents made efforts to remove Michael, as Terri’s guardian arguing that he cared little for Terri, and worse still because he was living with another woman and had two children with her. The court concluded that Michael completely attended Terri.

He sought approval of the court to remove the feeding tube in 1998 (Felos, 2005). Withdrawal of artificial nutrition for persons in permanent vegetative state was permitted so long as the withdrawal is upon the interests of the parents. Michael was, however, the proxy since Terri had not designated anyone, and had to make decisions for her (William, 2003). However, Michael knew that Terri’s parents were against the decision, and he instead asked the local probate court for removal of the feeding tube.

This saw the death of Terri. References Felos, G. (2005). Respondent Michael Schiavo's opposition to application for injunction, Case No.: 04A-825. USA: Blue Dolphin Publishing. Greer, G. (2003). Circuit Judge. In re: The guardianship of Theresa Marie Schiavo, Incapacitated. Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, Petitioner, v. Robert Schindler and Mary Schindler, Respondents. Florida: Judicial Circuit. William, R. L. (2003). Schiavo's wishes recalled in records. St. Petersburg Times Online.

Retrieved 2006-01-05.