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Legal Ethics and Professional Responsibility

Western New England University School of Law

Faculty Scholarship

Series

2004

Articles 1 - 1 of 1

Full-Text Articles in Law

Politicizing The End Of Life: Lessons From The Schiavo Controversy, Barbara A. Noah Jan 2004

Politicizing The End Of Life: Lessons From The Schiavo Controversy, Barbara A. Noah

Faculty Scholarship

The case of Theresa Marie Schiavo raises challenging legal and ethical issues, although the events of the case are not entirely novel. It is a well-settled principle under Florida law that individuals have a right to refuse life-sustaining medical treatment. After years of litigation, numerous courts have confirmed that removal of life support is legally appropriate under the facts of this case. Nevertheless, six days after Theresa's feeding tube was removed, the Florida legislature
opted to intervene in the final judicial decision by granting the Governor the authority to overrule the court's decision and to order the tube reinserted. These …