Schiavo's Ex-Guardian Calls for Tests
By VICKIE CHACHERE
TAMPA, Fla. (AP) - A former court-appointed advocate for a brain-damaged woman at the center of a right-to-die battle says the woman should undergo new medical tests to put to rest lingering questions about whether she has any hope of recovery. But first her warring husband and parents would have to agree to drop their legal fight in favor of whichever side the independent medical experts support, the former advocate told The Associated Press.
The comments by Jay Wolfson, a University of South Florida professor, were his first on the case since he served as Terri Schiavo's guardian ad litem. They came as the legal options of Schiavo's parents have dwindled to two pending matters in state courts that have ruled against them before in their effort to keep her on a feeding tube.
The U.S. Supreme Court refused Monday to take up ``Terri's Law,'' the measure pushed by Gov. Jeb Bush in October 2003 to keep Schiavo alive. The Florida Supreme Court struck down the law as unconstitutional. Wolfson served as Schiavo's guardian for two months in 2003 under ``Terri's Law.'' He tried to broker an agreement between the two sides, but was unsuccessful.
Wolfson said it is not too late to revisit the original question in the long-running legal saga - is the 41-year-old woman disabled, or brain dead? "There is so much at stake here, not just for Terri, but for the issue,'' said Wolfson, who is both a doctor and a lawyer. ``If we were serious about addressing this, we would say, 'What are the interests of the parties and how can we use science, medicine and good law to take away from the clouding factors in this case?''' he said.
Attorneys for her husband, Michael Schiavo, did not return calls for comment Tuesday. A new independent medical review has been suggested, and rejected, by both sides at different stages in the case.
Barbara Weller, an attorney for parents Bob and Mary Schindler, said the offer of an independent medical panel was made by Michael Schiavo as late as the end of last year, but the Schindlers were hesitant to accept such a suggestion. ``The problem is finding truly neutral doctors,'' Weller said.
Terri Schiavo suffered severe brain damage 15 years ago when her heart stopped beating because of a chemical imbalance. She left no written directive and Michael Schiavo has said his wife would not have wanted to be kept alive artificially. Her parents dispute that she has no cognitive abilities and say she communicates with them and reacts to her environment.
Terri Schiavo breathes on her own, but requires a feeding tube for nutrition and hydration.
01/25/05 18:56
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