Posted on 03/22/2005 8:35:01 AM PST by doug from upland
It appears that Terri Schiavo is going to be starved and dehydrated. I don't see how it going to be stopped short of a kidnapping to save her life.
If we are to believe sworn affidavits, Michael Schiavo denied his beloved wife rehab, speech, and occupational therapy. Terri actually was able to drink from a baby bottle and ate pudding and jello. He threatened to fire a nurse if she got nourishment from anything but the feeding tube?
Why just the feeding tube? Because he could have that pulled and starve her to death. He had no interest in seeing that she learn to eat again.
A nurse has said that Terri was able to say "mommy," "help me," "hi," and express when she was in pain.
Terri is also being denied communion.
Michael thinks it is over when he has managed to starve and dehydrate her to death? No, Michael, I don't think so.
There will be a wrongful death suit filed of perhaps $20 million. The evidence will come out about the denial of rehab. Her broken bones will be investigated. Ultimately, Michael, some of the truth is going to see the light of day. You are not going to get away with it. Not in this life. Not in the next.
TALLAHASSEE - “Like the tens of thousands of Floridians who have raised their voices in support of Terri Schiavo’s right to live, I have been deeply moved by these tragic circumstances. I understand the limitations cited by the judges who have declined to hear the later stages of this case. However, any life or death decision should be made only after careful consideration of all related facts and conditions. For that reason, I appreciate the extraordinary action of the Legislature today, and will use the discretion they have granted regarding the restoration of nutrition and water to Terri Schiavo.
“The conflict among family members over the best interests of this young woman has made us all acutely aware that uncertainty in these situations can, and does, compound the tragedy. I hope all Floridians, and any others who have followed this case, will ensure their best interests are clearly documented in a living will or other directive to spare their families a similar anguish.
“My thoughts and prayers remain with Terri and those who love her.”
STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NO. 03-201
WHEREAS, on October 21, 2003, the Florida Legislature passed House Bill 35-E (to be published as Public Law 03-418), signed this date by me, authorizing the Governor to issue a one-time stay in certain cases where, as of October 15, 2003, the action of withholding or withdrawing nutrition or hydration from a patient in a permanent vegetative state has already occurred and there is no written advance directive and a family member has challenged the withholding or withdrawing of nutrition and hydration; and
WHEREAS, under House Bill 35-E a person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to House Bill 35-E; and
WHEREAS, in the case of Theresa Marie Schindler Schiavo, Robert Schindler and Mary Schindler, the parents of Theresa Marie Schindler Schiavo, have requested that the Governor enter a stay prohibiting further withholding or withdrawing of nutrition or hydration; and
WHEREAS, a court has found that Theresa Schiavo is in a persistent vegetative state as of October 15, 2003; and
WHEREAS, Theresa Schiavo had no written advance directive as of October 15, 2003; and
WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo, and continues to be withheld as of October 15, 2003; and
WHEREAS, the Schindlers have challenged the withdrawal and withholding of nutrition and hydration as of October 15, 2003; and
WHEREAS, an immediate and urgent need has arisen to address the removal of nutrition or hydration, because death due to lack of nutrition and hydration is imminent;
NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, by the powers vested in me by the Constitution and laws of the State of Florida, specifically House Bill 35-E, do hereby promulgate the following Executive Order, effective immediately:
Section 1.
IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed this 21st day of October, 2003
It was law before 2003, he stayed the law, and then a court shot down the stay.
765.302 Procedure for making a living will; notice to physician.--
(1) Any competent adult may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal. If the principal is physically unable to sign the living will, one of the witnesses must subscribe the principal's signature in the principal's presence and at the principal's direction.
(2) It is the responsibility of the principal to provide for notification to her or his attending or treating physician that the living will has been made. In the event the principal is physically or mentally incapacitated at the time the principal is admitted to a health care facility, any other person may notify the physician or health care facility of the existence of the living will. An attending or treating physician or health care facility which is so notified shall promptly make the living will or a copy thereof a part of the principal's medical records.
(3) A living will, executed pursuant to this section, establishes a rebuttable presumption of clear and convincing evidence of the principal's wishes.
765.304 Procedure for living will.--
(1) If a person has made a living will expressing his or her desires concerning life-prolonging procedures, but has not designated a surrogate to execute his or her wishes concerning life-prolonging procedures or designated a surrogate under part II, the attending physician may proceed as directed by the principal in the living will. In the event of a dispute or disagreement concerning the attending physician's decision to withhold or withdraw life-prolonging procedures, the attending physician shall not withhold or withdraw life-prolonging procedures pending review under s. 765.105. If a review of a disputed decision is not sought within 7 days following the attending physician's decision to withhold or withdraw life-prolonging procedures, the attending physician may proceed in accordance with the principal's instructions.
(2) Before proceeding in accordance with the principal's living will, it must be determined that:
(a) The principal does not have a reasonable medical probability of recovering capacity so that the right could be exercised directly by the principal.
(b) The principal has a terminal condition, has an end-stage condition, or is in a persistent vegetative state.
(c) Any limitations or conditions expressed orally or in a written declaration have been carefully considered and satisfied.
765.305 Procedure in absence of a living will.--
(1) In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate designated by the patient pursuant to part II unless the designation limits the surrogate's authority to consent to the withholding or withdrawal of life-prolonging procedures.
(2) Before exercising the incompetent patient's right to forego treatment, the surrogate must be satisfied that:
(a) The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient.
(b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient's physical condition is terminal
765.306 Determination of patient condition.--In determining whether the patient has a terminal condition, has an end-stage condition, or is in a persistent vegetative state or may recover capacity, or whether a medical condition or limitation referred to in an advance directive exists, the patient's attending or treating physician and at least one other consulting physician must separately examine the patient. The findings of each such examination must be documented in the patient's medical record and signed by each examining physician before life-prolonging procedures may be withheld or withdrawn.
765.309 Mercy killing or euthanasia not authorized; suicide distinguished.--
(1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
(2) The withholding or withdrawal of life-prolonging procedures from a patient in accordance with any provision of this chapter does not, for any purpose, constitute a suicide.
765.404 Persistent vegetative state.--For persons in a persistent vegetative state, as determined by the attending physician in accordance with currently accepted medical standards, who have no advance directive and for whom there is no evidence indicating what the person would have wanted under such conditions, and for whom, after a reasonably diligent inquiry, no family or friends are available or willing to serve as a proxy to make health care decisions for them, life-prolonging procedures may be withheld or withdrawn under the following conditions:
(1) The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and
(2) The guardian and the person's attending physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition is permanent and that there is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. If there is no medical ethics committee at the facility, the facility must have an arrangement with the medical ethics committee of another facility or with a community-based ethics committee approved by the Florida Bio-ethics Network. The ethics committee shall review the case with the guardian, in consultation with the person's attending physician, to determine whether the condition is permanent and there is no reasonable medical probability for recovery. The individual committee members and the facility associated with an ethics committee shall not be held liable in any civil action related to the performance of any duties required in this subsection.
(12) "Persistent vegetative state" means a permanent and irreversible condition of unconsciousness in which there is:
(a) The absence of voluntary action or cognitive behavior of any kind.
(b) An inability to communicate or interact purposefully with the environment.
Huh?
You make as much sense as Hildy on the matter.
The point is, the nurse has put herself in legal jeooardy if she lied, and she is not alone.
Open your eyes.
The link you provided is no proof, it's a joke.
BB62
"IMO I wouldn't chance it, the nurse isn't credible. She's got a checkered past."
I just love unsupported assertions.
BB62
It is a crying shame that those who want Terri's "wishes" to be carried out are so blind.
Blind to demand legal supremacy over morality.
Blind to Michael Schiavo's true nature.
Blind to their own prejudices.
Those of you who make unsupported assertions are worse than those who are blind.
After Terri's forced death, it may become clear to the blind, IF they open their mind, that Michael Schiavo isn't and never was a worthy guardian. Just look at all the clues now - if you can open your mind enough to do so.
As time passes, as more comes out, hopefully Terri's death will cause some people to examine their prejudices and methods.
Others, who have no decency now, will not later.
Maybe Terri will die on Good Friday. It would be fitting.
BB62
No it isn't. Not in any way.
Too many are flying on emotions and not reality.
I can only hope you will allow your eyes to be opened in the coming weeks and months.
BB62
You're letting your emotions cloud what otherwise might be good judgement.
You're letting your emotions cloud what otherwise might be good judgement.
Just what do you define as "good judgement"?
I don't wish Terri to be alive just for the sake of being alive. All I want and have ever wanted was for her to have a guardian who would care for her, and honor her wishes.
Michael Schiavo sets off my senses like Scott Peterson, like OJ, like Robert Blake.
On the other hand, does MS seem to you like the loving spouse, determined to carry out his "wife's" wishes?
BB62
Are you "two" working for the same "group"?
It's no wonder I'm not getting anywhere. You aren't real.
BB62
Common sense in the face of reality.
And just what "common sense" should be applied to this matter?
It's easy to offer pablum, and not support assertions.
Oh, nevermind, we can knock this off.
You aren't real anyway.
BB62
Uh, whatever.
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