Posted on 04/07/2005 2:59:57 AM PDT by schmelvin
For Immediate release! To: All media, and supporters of life. From: The Family of Mae Magouirk Date: April 6, 2005 Contact: Kenneth Mullinax - Mockingbird@compuhelp.net
Shiavo case revisited in Georgia
Mae Magouirk…not comatose …not vegetative …not terminal
Why is Hospice LaGrange, Ga. withholding nourishment?
(LaGrange, Georgia) Mae Magouirk is being withheld nourishment and fluids and the provisions of her Living Will are not being honored at the Hospice-LaGrange, (1510 Vernon Street, LaGrange “Troup County” Georgia, 706-845-3905) a subsidiary of the LaGrange Hospital in LaGrange Georgia. Her family is desperately seeking to save her life before she dies of malnourishment and dehydration.
Mae Magouirk IS NOT comatose and she IS NOT vegetative. She is not terminal!
Despite these facts the Hospice and Beth Gaddy, a school teacher at LaGrange’s Calloway Middle School and granddaughter of Mae Magouirk have been denying her proactive nourishment or fluids (via a nose administered feeding tube or fluids via an IV) since March 28 without prior legal consent; against the wishes of her Living Will and against the wishes of Mae Magouirk’s closest living next of kin. Mae Magouirk’s next of kin are: Mr. A. B. McLeod (Her Brother) and Mrs. Lonnie Ruth Mullinax (Her sister) both of nearby Anniston, Alabama.
Under Georgia law, unless a medical durable power of attorney is in place, your closest living next of kin are stipulated to make all medical decisions. When Mae Magouirk’s closest living next of kin lodged a complaint with Hospice LaGrange’s in-house attorney Carol Todd last Thursday, March 31, Ms. Todd checked Mae Magouirk’s case file and upon examination of both documents discovered that Beth Gaddy DID NOT have the durable medical power of attorney for Mae Magouirk and upon closer examination of Mae Magouirk’s Living Will ascertained that fluids and nourishment were ONLY TO BE WITHHELD if she was either comatose or vegetative. SHE IS IN NEITHER STATE!!!
Nor is Mae Magouirk terminally ill. Her local LaGrange, Ga. cardiologist, Dr. James Brennan and Dr. Raed Aqel, a highly acclaimed interventional cardiologist at the nationally renowned University of Alabama-Birmingham Medical Center have determined that Mae Magouirk’s aortic dissection is contained and not presently life threatening.
Two weeks ago, Mae Magouirk’s aorta had a dissection and she was hospitalized in the LaGrange Hospital in LaGrange, Ga. Her aortic problem was at first determined to be severe and she was admitted in the intensive care Unit. Her granddaughter, Beth Gaddy, a teacher at the Calloway Middle School in LaGrange, stated that she held Mae Magouirk’s medical power of attorney and thus invoked said powers against the wishes of Mae Magouirk’s closest living next of kin by having her moved to Hospice-LaGrange. While at Hospice-LaGrange, Beth Gaddy stated that her wishes were for no nourishment for Mae Magouirk via a feeding tube or fluids via an IV. Before hospitalization Mae was lucid and never had been diagnosed with dementia as was testified to in Probate Court on Monday, April 4, by a local MD.
Page Two Mae Magouirk is being starved to death!
Upon learning from Hospice-LaGrange that Mae Magouirk was being denied nourishment and fluids and upon being told by Carol Todd (Hospice LaGrange’s in-house legal consul) that Beth Gaddy DID NOT HAVE THE PROPER LEGAL AUTHORITY to deny said nourishment AND that the denial of nourishment went against Mae Magouirk’s Living Will, Mae’s family (Mullinax/McLeod) ordered the immediate beginning of such nourishment/fluids for Mae to Hospice via Carol Todd.
First Contact with Hospice on Thursday, March 31 Carol Todd told Mrs. Lonnie Ruth Mullinax (Mae Magouirk’s sister) and Kenneth Mullinax (Mae Magouirk’s nephew) via phone on Thursday, March 31 that Georgia Law stipulated that Mrs. Mullinax and her brother A. B. McLeod (Mae Magouirk’s brother) were entitled to make any and all decisions for Mae Magouirk. Mrs. Mullinax immediately told Carol Todd to insert fluids via an IV and insert a feeding tube, via her nose. Carol Todd had the IV fluids started that evening but told the family that they would have to come to Hospice LaGrange to sign papers to have the feeding tube inserted and because of such, she believed that Mae Magouirk would no longer be a candidate for Hospice LaGrange. She was then told that Mae Magouirk’s family concurred and the ONLY REASON Mae was at Hospice was because the LaGrange Hospital had failed to exercise due diligence in closely examining the power of attorney which Beth Gaddy said she had, as well as executing the provisions of Mae’s Living Will to her preordained stipulations. Gaddy only had a financial power of attorney and did not have a medical power of attorney and Mae Magouirk’s Living Will provided that a feeding tube and fluids SHOULD ONLY BE DISSCONTINUED IF Mae was comatose or in a vegetative state. She was and is in neither state.
Attempt to rescue Mae on Friday denied by Probate Judge Donald Boyd On Friday, April 1, when A. B. McLeod (brother) and Kenneth Mullinax (nephew) showed up to meet with Carol Todd and to arrange emergency air transport of Mae Magouirk to the University of Alabama-Birmingham Medical Center (One of the top cardiovascular centers in the USA) Hospice LaGrange stalled them while Beth Gaddy went before Troup County Georgia (LaGrange, Ga.) Probate Judge Donald W. Boyd (who DOES NOT hold a law degree) who granted Beth Gaddy emergency guardianship of Mae Magouirk, giving Beth Gaddy full and absolute authority. Thus, they COULD NOT MOVE HER FOR PROACTIVE MEDICAL CARE Friday because Beth Gaddy had Hospice stop them and then she had Mae’s IV fluid tube pulled out. Beth Gaddy has repeatedly told Mr. McLeod, Mrs. Mullinax and Kenneth Mullinax that she feels they all should let Mae not eat and thus cause her to die because, and we quote Beth Gaddy: “Grandmamma is old and I think it is time she went home to Jesus. She has glaucoma, and now this heart problem and who would want to live with disabilities like these?”
As stipulated under Georgia Law, a hearing for an Emergency Guardianship, must be held within 3 days of its request and Mae Magouirk’s hearing was held on this past Monday, April 4, before Troup County Georgia Probate Judge Donald Boyd who favors granting Beth Gaddy permanent guardianship and thus will seal Mae Magouirk’s fate of allowing Beth Gaddy to starve her to death against the wishes of her Living Will and in full knowledge that Mae Magouirk is not terminal, not in a coma and is not in a vegetative state and that medical care at UAB Medical Center is awaiting her. Shiavo revisited!
Mae’s present state and vital signs Mae’s blood pressure is good, averaging 140/82 with a pulse rate of 88. However, since admission to Hospice she has not been lucid but who would be since nourishment and fluids have been denied since March 28, 2005. Also adding to her confusion is that she is off her regular medicines and is on a dose of Adavan and Morphine. Without food or water her electrolytes and body chemistry is not within its proper parameters. If her condition is not given major public attention soon, she will die, not by divine cause but by the omission of assistance by man. WE MUST GET Mae moved to UAB Medical ASAP
Resources: Probate Judge Donald Boyd…Court CASE NUMBER: Estate 138-05 Attorney for saving Mae’s life: Jack Kirby, Kirby & Roberts***
That's okay, just thought I was being on the dense side. LOL>
http://www.prolifeblogs.com/ thanks for the link, eeevil, interesting snip from the site:
"Advice about Living Wills
Do not sign a living will or any of its variants. If you have signed one, rescind it immediately and destroy every copy. Do not sign an advance directive that would deny you treatment on the basis of vague and life-endangering language. Don't be deceived by "pro-life" packaging. Before you sign on the dotted line, read Dr. Byrne's informed analysis. - Earl (from Times Against Humanity) posting on BlogsforTerri
By Paul A. Byrne, M.D.
Past President, Catholic Medical Association"
Did you try the flashlight thing?
see #2502. Don't blame the medical profession. By signing a 'Living Will' you are literally signing your own death sentence. Your own physican is bound by an advance directive based upon vague terminology, not upon a medical diagnosis. Your life is in the hands of your guardian and the court. Your doctor is powerless, IMO.
YES!!! and it worked!!!! Very Cool, we had fun with it, until I got sore. LOL>
I'm with you on that one Fred. I use to advocate getting your wishes down, now, not so anymore. And, be careful what you say to people.
No! I'm not blaming the medical profession.
I think we put to much pressure on the medical profession to be perfect and have all the answers.
it's a fun trick! If your hubby talks to the belly the baby will respond. Just use a paper towel roll have have him talk.
I must not be writing my thought correctly.
You bet! One comment during a TV program along the lines of 'I wouldn't want to live like that' and it's counted against you as evidence...I say that when I see Paris Hilton! I hope that doesn't mean if I inherit a few hundred million and have a complete body-overhaul, my life is forfeited!
It's a sad joke. A 'Living Will' designed to allow you to be put to death legally; no matter how many medical professionals testify against the 'reason for admittance' on the standard hospice form. Someone fills in a blank with 'Less than six months to live' and you are done for.
Remember, Terri's doctor never signed the admittance form!
If I lived in the US, I would have a lawyer draw up a Last Will & Testament, with the proviso that I must never be admitted to a hospice under any circumstance.
If you want to watch the video of Ken's "Hannity and Colmes" interview, blogsforterri has it.
I know. I mean all these folks saying that they wouldn't want to live like that, meaning Terri or Mae, are playing fast and loose with their lives.
And, I would put a stipulation in that noone is to decide between themselves and Jesus that I need to go home. If they say Jesus told them to do it, they are automatically disqualified. Period. Don't let the door hit ya on the way out.
I wonder why they took it down?
What did Gibbs say?
Yikes! I almost forgot. Yes, what did Gibbs say?
Of the entire saga, that quote about Jesus was to my mind, the most crass thing she said.
Is there anyone posting here who is near the hospital? Are there guards posted outside Mae's door? I just came off from a situation as a 24/7 caregiver who had experience with 3 hospitals in Georgia. For the most part ANYONE could push open a door to anyone's room and no one would have questioned it.
THAT DA*N COLMES INTERRUPTS EVERYONE. I'm sick of him. I emailed Hannitys' website as well as Fox demanding them to fire Colmes. As of tonight, no more Hannity and Colmes. I just wish Colmes would go wherever Larry O'Donnel went.
terminal illness: n.1. Syn. raster burn.
2. The `burn-in' condition your CRT tends to get if you don't have a screen saver.
Cboldt: Are you asserting that Mae has a medical condition with a prognosis of "terminal?
RGSpincich: Yes. The heart condition.
Three cardiologists disagree with Mae's attending physician in LaGrange.
"Colmes being his usual IDIOTIC, MORONIC SELF."
Could you figure out how or why he was asking the questions he came up with? He was struggling ...as usual. LOL
"Incidentally, it doesn't seem that "terminal" is a medical term."
Medicare seems to define it for the purpose of paying Hospice as "they must be certified by a physician to be terminally ill with a life expectancy of six months or less."
http://www.hospicenet.org/html/medicare.html
Sounds like it's more of a legal term?
"State definitions of terminal illness may further limit the usefulness of a living will. A terminal illness is an irreversible condition that will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely"
Your medical analysis comports with one I heard from a "acute" care/ICU person with 26 years experience of dealing with such people.
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