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Sunday, March 20, 2005 - Page updated at 12:00 a.m.

Many Americans face similar issues

The Dallas Morning News

WASHINGTON — Families make decisions every day about continuing life support and nutrition for ill loved ones. But seldom does a case take on the proportions of Terri Schiavo's.

Schiavo's case rose to national prominence because of the family conflict about her care. But medical and legal experts said the issue also reflects society's unsettled questions about when life begins and ends and the willingness of some groups and politicians to exploit the issues faced by Schiavo's family.

"She has become a political football for other people and groups to score points and raise money," said Tom Mayo, an associate professor of law at Southern Methodist University. He serves as co-chairman of the ethics committee at Parkland Memorial Hospital in Dallas.

Legal and ethical issues raised in the fight will be contested long after the Schiavo case is resolved.

"The Supreme Court will have to struggle with these issues," said Greg Coleman, a legal-appeals specialist in the Austin office of Weil, Gotshal & Manges. "There are issues about what, if anything, the Constitution says about the right to end a life. What are the legal rights and who makes the decision?"

On the one side are right-to-life groups that have taken up the cause of Schiavo's parents, Bob and Mary Schindler, who disagree with court-appointed physicians who have found Schiavo to be in a vegetative state.

They are at odds with her husband, Michael Schiavo, who agrees with physicians and wants to see his wife's feeding tube removed. The Schindlers have waged a legal battle to become their daughter's legal guardian so they can prevent the removal of her feeding tube.

The case turned into a full-fledged political issue last week when Republican leaders launched an effort to stop the removal of Schiavo's feeding tube.

Involvement by political leaders, experts said, reflected the strong feelings wrapped up in the issues fought out in court.

Drawing on statistics from the American Medical Association, Mayo said many families will face similarly difficult choices — even if not in the public limelight.

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He noted that 80 percent of deaths occur in institutions such as hospitals and 80 percent of those result after decisions are made to limit care. And he said up to 70 percent of deaths occur when patients have diminished brain functions, having fallen into comas or become vegetative. Legal and medical experts said previous court rulings clearly give guardianship to the spouse.

Mayo said those conflicts rarely go to court, as resolutions usually are found with family members.

"You often see families who disagree, but you do not see families that go to battle for 15 years," Mayo said.

Dorothy Timbs, a legislative counsel for the National Right to Life Committee, said her group, which says it wants to protect innocent life from conception to the end of life, does not believe that Schiavo is being kept alive by artificial life-support systems.

"We do not believe that food and water is life support," said Timbs, who supported Republican-led efforts to intervene.

But some religious leaders think Schiavo should be allowed to die.

"What a fiasco," said the Rev. John Paris, a Catholic priest and bioethics professor at Boston University. "The Republicans are pandering to the religious right, and it is pandering at its worst."

Copyright © 2005 The Seattle Times Company

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