Schiavo case differs from 2 situations in Houston

In 1999, Texas became the first state to legally require an ethics panel to resolve disputes over when to end life support. That law recently led a state judge to allow a local hospital to discontinue infant Sun Hudson's life support, despite his mother's wishes.

The law gave another family time to move Spiro Nikolouzos, a 68-year-old who cannot breathe on his own, from St. Luke's Episcopal Hospital to a facility in San Antonio that will keep him alive.

But the law, signed by then-Gov. George Bush, would do little to help Terri Schiavo, the Florida woman whose feeding tube could be reinserted if federal legislation takes effect as expected today.

In Texas, hospital ethics committees can decline treatment only when it would be futile. Schiavo's condition would not be considered futile under the Texas law, experts say.

And that law would not apply to the dispute between Schiavo's husband and guardian and her parents over whether she wanted to live or die, the subject of numerous Florida court battles.

How laws differ

Nikolouzos' brain damage, on the other hand, is so severe he cannot breathe on his own or move, according to Dr. David Pate, St. Luke's chief medical officer. Over his wife's objections, the hospital's ethics committee decided to remove his breathing tube, setting in motion the 10-day period in which his family could move him to another hospital under the 1999 law.

A judge extended that period as the family tried to find another facility.

"On a scale of 1 to 10 — 10 being the worst-case vegetative state — Nikolouzos is a 10," said Pate. He did not venture to rate Schiavo's condition.

But experts and former lawmakers said the Schiavo case is complicated by another matter: Her husband says she had told him she would not want to live in such a condition, but her parents dispute that. It is this issue that has been argued in Florida courts since 1993.

The Florida dilemma

"What drove the legislation was the people in the medical profession that do that kind of work, who specifically wanted to avoid what we have going on in Florida," said former state Rep. Glenn Lewis, who sponsored legislation in 1999 listing, in order, those who would have the right to make the life-ending decision. He said he got the idea from his brother, a physician who specializes in geriatrics.

Although the legislation didn't pass, Lewis said it probably wouldn't have resolved a controversy such as exists in Florida.

"In her case, you have people that love her disagreeing," Lewis said. "Who is the family? Does the husband trump the parents?"

Chronicle reporter Todd Ackerman contributed to this report.

dina.cappiello@chron.com