Is it unusual for terminally ill patients to reject treatment?
No. Nearly every state has a “death with dignity” law to allow patients or their representatives to reject extraordinary treatment. Q: But what about someone like Schiavo, who left no record of her wishes? A: Florida law spells out a pecking order of relatives who can speak for her — legal guardian, husband, adult children, parents and so on. To have nutrition withheld, a relative must persuade a judge by “clear and convincing evidence” that such a move would have been the patient’s decision. Q: Did that happen in the Schiavo case? A: Yes. Michael Schiavo, Terri Schiavo’s husband and guardian, has battled her parents in Florida and federal courts since 1993. First they fought over whether Michael should be removed as guardian. More recently they’ve fought over whether the Schindlers could stop Michael from having Terri’s feeding tube removed. Michael has won in court. Q. Has a law like the one passed to save Terri Schiavo been tried? A. Legal observers say no, which makes its validity
