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The Tampa Bay Chapter of The American Association of Nurse Attorneys
During the past few months, many nurses have watched the unfolding saga of Michael Schiavo as he attempts to have his wife Terry's feeding tube removed over the objections of her parents. Terry Schiavo has been in what most doctors call a "persistent vegetative state" since 1990 when she suffered heart failure at the age of 26.1 The conflict arose in part because Ms. Schiavo had no written advance directives indicating her wishes for treatment when she could no longer speak for herself: Consequently, under Florida law, Ms. Schiavo's spouse serves as her health care proxy, and is charged to make the decisions that he reasonably believes she would have made under the circumstances.2 However, in this instance, the patient's parents are challenging the proxy's decision to remove the feeding tube as not in accord with the patient's wishes. Thus, the lengthy debate as to how to settle the disagreement continues with Governor Bush's recent intervention into the case, and the appointment of an independent guardian to advise the Governor.
A recent Tampa Tribune article estimates that fewer than twelve percent (12%) of American adults have a written living will.3 In our experience, even individuals with living wills may not address the complicated issue of artificial food and hydration. The purpose of this article is to increase your knowledge of Florida's advanced directive law so that your wishes, especially as to artificial nutrition and hydration, are honored even if you can no longer speak for yourself.
Chapter 765, Florida Statutes acknowledges the patient's fundamental right to self-determination regarding health care decisions, including the right to refuse medical treatment. This fundamental right may be exercised by a competent adult speaking for themselves, or by others speaking on behalf of the person no longer able to direct his or her own health care.
Current Florida law provides for the designation of a health care surrogate...