More than fifteen years elapsed between the date Theresa Marie Schiavo suffered a cardiac arrest, leaving her in a persistent vegetative state because of brain damage, and the date she took her last breath. The conflict between her parents and her husband regarding her medical care lasted for more than twelve of those fifteen years. The litigation over her care lasted for more than six. It is difficult to keep track of the multiple court cases filed, let alone to pinpoint the highlights of their many twists and turns. It may be possible, however, to predict how the aftereffects of the Schiavo maelstrom will impact the law of end-of-life decision-making in Florida. It appears as if those lingering effects will be bitter and may leave important rights of self-determination and privacy in a battered state, much as hurricanes ripping through Florida leave her shores.
In this Essay, I will dissect the history of the Schiavo cases to determine their implications for the law of end-of-life decision-making in Florida. Relying on others who have preceded me to set the stage, I will presume that the reader knows the identities and positions of Theresa Marie (Terri) Schiavo; her husband, Michael; and her parents, Robert and Mary Schindler. Against that background, I first will explain that about three years into the Schiavo litigation, the Schindlers significantly changed their focus. A relatively straightforward dispute about proxy decisionmaking then metamorphosed into a political furor, and a debate strikingly similar to those undertaken in hospitals every day thrust an intensely personal family crisis into the national spotlight. The history of the Schiavo cases and the transformation that took place within them provide direct links to the second portion of this Essay, for the long-lasting effects of these cases stem almost exclusively from arguments advanced and actions taken after that transformation. Because of the forces pushing the cases along since that time, Floridians will see lingering effects in their state law of end-of-life decision-making.