Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: TheDon
What Florida law gives the judge the right to order the death of a healthy person, not guilty of any crime, and hold those carrying out the order not guilty of murder? Anyone know?

The law relied on is intent on granting the patient's wishes, okay? Nobody is ordering Terri to do something that she didn't want. Keep sight of that. It is an essential legal principle that is lost on 99% of the people who hear and write about this case.

Chapter 765, Florida Statutes 2004 <-- Link

See in particular, sections 765.401 The proxy. and 765.404 Persistent vegetative state. See also the definitions, in particular,

(10) "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function.

I'm 100% against this decision on several grounds, BTW. Just pointing out the legal machinations in case you are inclined to educate yourself.

64 posted on 03/25/2005 8:56:34 AM PST by Cboldt
[ Post Reply | Private Reply | To 57 | View Replies ]


To: Cboldt

I'm so inclined. It doesn't answer my precise question, but it looks like you've provided a link to where I can try and search for an answer. Thanks!


66 posted on 03/25/2005 9:00:13 AM PST by TheDon (The Democratic Party is the party of TREASON)
[ Post Reply | Private Reply | To 64 | View Replies ]

To: Cboldt
Here's an interesting section:

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.

So much for following the law!

68 posted on 03/25/2005 9:03:00 AM PST by TheDon (The Democratic Party is the party of TREASON)
[ Post Reply | Private Reply | To 64 | View Replies ]

To: Cboldt
765.404 Persistent vegetative state

...

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.

Here is the section that makes the hospice workers not liable for the killing of Terri.

70 posted on 03/25/2005 9:06:04 AM PST by TheDon (The Democratic Party is the party of TREASON)
[ Post Reply | Private Reply | To 64 | View Replies ]

To: Cboldt
(10) "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function.

Any idea what "spontaneous vital function" "artificially provided sustenance and hydration" "supplants"? I wonder if this bit of law will be changed due to Terri's killing, or probably better, the law regarding the decision to go ahead with the killing.

75 posted on 03/25/2005 9:14:20 AM PST by TheDon (The Democratic Party is the party of TREASON)
[ Post Reply | Private Reply | To 64 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson