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KLAS-TV, Channel 8, Las Vegas
Legal Document Could Have Solved Schiavo CaseMarch 21, 2005, 05:12 PM
The debate in the Schiavo case hinges on the lack of a living will. Like most Americans, Terri Schiavo never had a legal document drawn up, stating her wishes, or who could make medical decisions for her. Schiavo also lacked another important document.
The ethical and legal challenges of the Schiavo case continue to grow. "A physician's job is to keep you alive not terminate your life," said attorney Rob Graham, who understands the complexities. He helps people plan their lives by planning their deaths.
"You have to start somewhere. If you don't start with writing down your intent we have nowhere to go from there," Graham said. He tells Eyewitness News it's not enough to have a living will and name someone to make your medical decisions. He says you must also get what's called a physician's directive.
"That is the document that could have solved the Schiavo case. Under a physician's directive, you determine how far doctors can go in trying to keep you alive. What procedures can and can not be performed. You decide if you want a feeding tube or not."
"Its just a very touchy subject. People are afraid to talk about death and dying," said Donna Rolshouse with Mountain View Hospital. She counsels patients on both living wills and physician directives.
"If you come into the hospital and don't have one in place and you would like to do that we have the documents and you can get that notarized while you are in the hospital. With no documents in place, your friends and family are left to debate what they think you want. If it's on paper, they know," Rolshouse said.
"If you have not expressed your intent in writing the game is over," Graham said. The reality of the situation; cases like Terri Schiavo's can be prevented by simply filling out a form that's two and a half pages long
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