Homework Question on Applying Legal Principles In a Case Study
- READ the Terry Schiavo Case and write a 3 page Case Analysis paper discussing the following issues and principles in regards to the case
- Cause of Action
- Autonomy & Informed Consent
- Beneficence & Nonmaleficence
Homework Answer on Applying Legal Principles In a Case Study
Cause of action
From a legal perspective, cause of action refers to the facts that give rise to the bases of suing somebody with intention of obtaining remedy from that person (Nicholson, 2009). They could also be regarded as the facts that appellants should prove to support their rights to verdicts in courts of law. In the case study, they are the facts that have been traversed that need to be proved for the decision to be changed (Ray, 2008).
Consequently, as the appellant claims it is likely that if Terry is in a good state of health, and she is able to make an informed decision, she might change her decision. This means that Terry may change her decision if she understands the prevailing circumstances. For this reason, the appellant argues that Terry under the Floridian law reserves the right to change her mind. In this case, the appellant feels that given Terry has the right to change her mind under the Floridian law, it would be wrong for the lower court to base its judgment on past record.
In law, autonomy is regarded as the capacity of self-determination meaning that a person can make choices based on his/her values and beliefs about life (Maclean, 2009). On the other hand, informed consent is interpreted as what a person gives freely and willingly with reference to quantity and quality of information he/she receives probably from a health care provider or anybody else that has the capacity of providing such information.