Michael Schiavo To Sue Any Doctors Helping His Wife

The Tampa Tribune ^ | Oct 23, 2003 | DAVID SOMMER

[amdgmary]

Oct 23, 2003

Michael Schiavo To Sue Any Doctors Helping His Wife By DAVID SOMMER dsommer@tampatrib.com

CLEARWATER - Terri Schiavo was in stable condition late Wednesday and able to be released from the hospital. But it will be several days before doctors know whether the 39-year-old woman's kidneys were damaged by going almost a full week without liquid nutrition supplied through a tube inserted in her stomach, said Deborah Bushnell, an attorney for husband Michael Schiavo.

The tube was reinserted on Gov. Jeb Bush's orders late Tuesday, Bushnell said. But the process was difficult because Terri Schiavo's treating physician resigned as soon as she was admitted to Morton Plant Hospital to be treated for dehydration and undergo the operation needed to insert the tube, the attorney said. The quest for a new physician was complicated by a warning issued by Michael Schiavo on Tuesday that he intended to sue any doctor who inserted a feeding tube or gave intravenous hydration to his wife, she acknowledged.

The lack of a treating physician also delayed Terri Schiavo's return to a Pinellas Park hospice until Wednesday evening, Bushnell said.

Guardian Ad Litem To Be Appointed

Also Wednesday, Chief Pinellas-Pasco Circuit Judge David Demers began the process of appointing a guardian ad litem to investigate the dispute between Michael Schiavo and in-laws Bob and Mary Schindler over whether Terri Schiavo's feeding tube should be removed permanently.

Michael Schiavo and the Schindlers have been locked in a court battle for more than five years over his contention that his brain-damaged wife would not want to be kept alive without hope of improvement.

Terri Schiavo has been in what most doctors term a persistent vegetative state since suffering unexplained heart failure in 1990 at age 26.

The Schindlers contend their daughter reacts to them and could improve if given therapy.

After a January 2000 nonjury trial, Circuit Judge George Greer ruled evidence showed Terri Schiavo made statements prior to her illness indicating she would not want to be kept alive in her current state. That ruling has been repeatedly upheld by appeals courts.

On Oct. 15, Terri Schiavo's feeding tube was removed on court orders.

On Wednesday, Bob Schindler said he, his wife and their other children were coming down from the elation they experienced the day before, when the state Legislature passed an unprecedented bill giving Bush controversial power to override the court order that allowed the feeding tube's removal.

After their daughter was taken to the hospital to have the tube reinserted, the Schindler family was barred from visiting her or getting information on her condition. Permission to visit was restored late Wednesday.

Schindler said the inability to visit Wednesday underscored that Michael Schiavo is his daughter's legal guardian and makes the rules for in-laws he has not spoken to for 10 years.

``The reality of this is the only difference from yesterday and today is that Terri had a sword over her head,'' Schindler said. ``Today we are still under visiting restrictions. Nothing has changed except the threat is gone. He is still calling the shots.''

`Bigger Than Mike And Terri'

Bushnell said Michael Schiavo is wrestling with whether to continue his quest to carry out what he says are his wife's wishes.

Michael Schiavo spent the past week living at Hospice House Woodside and is ``devastated'' that Bush and the Legislature halted his effort to remove his wife from life support, Bushnell said. Now, he is faced with fighting not only for what he says are his wife's wishes but also for the separation of powers that he says was violated when the governor overruled a court order, the attorney said.

``This case was never groundbreaking'' until Bush got involved, Bushnell said. ``If Michael walks away, we as a state have this precedent. He is beginning to say to us `This is bigger than Mike and Terri,' '' Bushnell said.

``He is trying to decide how much of a crusader he wants to be,'' she said.

Acting in response to what has become known as ``Terri's Law,'' the chief circuit judge late Wednesday asked attorneys on both sides of the case to try to agree on a guardian ad litem to investigate the case and report back to Bush and Greer.

In his order, Demers said that if the two sides cannot pick an impartial guardian, he will appoint University of South Florida medical school Professor Jay Wolfson. The guardian ad litem will not replace Michael Schiavo as guardian but will have the power to order tests on Terri Schiavo without Michael Schiavo's permission.

Michael Schiavo has refused the Schindlers' request that their daughter be tested for the ability to swallow food. Such a test has not been performed for several years.

[Moose4]

Oh please. Now he's trying to make himself out to be some kind of legal martyr because of this. The more I hear about Michael Schiavo, the worse he smells.

}:-)4

[camle]

the tragedy is that this has turned into a circuis.

what was the name of that old movie (Kirk douglas?) about the guy Leo who was trapped in the mine, and KD was a reporter who saw in this story the means to go bigtime?

[smith288]

If I ever said "If anyone tries to help my wife after I have tried to get her to die, I will sue them!" Whow ould be sympathetic to me?

[Conspiracy Guy]

Someone needs to nab this scum and hold him for a while as this sorts out. His only goal is to kill his helpless wife. God help Terri.

[Samwise]

Perhaps the judge can order the exorcism the priest wanted to perform on Michael Schiavo.

[T'wit]

And why should any doctor provide medical services to this creep? Turnabout is fair play. If I had a grocery store or restaurant in the area, I would refuse to sell food or drink to Schiavo and Felos.

[xzins]

There is something wrong about this guy.

I'm thoroughly convinced that Terri's parents care for their daughter and represent no threat to her. They only represent a threat to her husband's intentions. There is no legitimate safety or familial reason to deny visitation to the parents of the daughter. The only reason for doing so is vindictiveness.

I cannot believe that the law gives total, inviolable ownership of a person to a spouse.

[verity]

Robert Drobot faults Jeb Bush for............whatever!

[verity]

Robert Drobot faults Jeb Bush for............whatever!

[T'wit]

>> Bushnell said Michael Schiavo is wrestling with whether to continue his quest to carry out what he says are his wife's wishes.

Sounds as if he's running out of (Terri's) money and won't be able to pay these despicable lawyers.

[Aracelis]

Sounds as if he's running out of (Terri's) money and won't be able to pay these despicable lawyers.

I hope you're clairvoyant!

[deannadurbin]

>>I cannot believe that the law gives total, inviolable ownership of a person to a spouse.

Yeah, where is the NOW gang in this case? They should be stompin' their feet and yellin' and turnin' red in the face over this? But they are silent on Terri. I guess she would have to have been a lesbian for them to get involved.

[Autie]

Michael Schiavo spent the past week living at Hospice House Woodside and is ``devastated''

Why has he been living there? Oh, I forgot about all the death threats he had this week and he does have guards there. Too bad he does not have a feeding tube they can remove from him!

[secret garden]

I do not understand why she was placed in a hospice facility instead of a long-term care center or skilled nursing facility. Hospice is generally reserved for those diagnosed with imminent death, within six months.

[Bluebird Singing]

``This case was never groundbreaking'' until Bush got involved, Bushnell said. ``If Michael walks away, we as a state have this precedent. He is beginning to say to us `This is bigger than Mike and Terri,' '' Bushnell said.

``He is trying to decide how much of a crusader he wants to be,'' she said.

Looks like Schiavo has found himself in the place of being used by attorneys for their cause, just like in the Roe vs. Wade case. Don't you just love the way the attorney attributes her thoughts to Schiavo in the same manner Schiavo is attributing his thoughts as belonging to Terri?

[najida]

I cannot believe that the law gives total, inviolable ownership of a person to a spouse.

_____

I have joked about not wanting to get married again, but this really drives it home. I know my family loves me and will see to my best interests. But, a spouse, you never know.....

[Broadside Joe]

I think if he were smart he'd sue for divorce and move on.

[Pan_Yans Wife]

Governor Bush's involvement in this case is unprecedented, and a similar case cannot be found in the nation, where a Governor stepped in as he has.

I believe in miracles.

[mykdsmom]

That is exactly what I thought when I read this line too.

``He is trying to decide how much of a crusader he wants to be,'' she said

Um....let me take a stab at this one....Until the money runs out?

MKM