Properties: http://usera.imagecave.com/phenn/certification Does anyone know how to find the admittance form relating to this case?
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***
Nothing specific that I know of. I haven't been able to listen to the Glenn Beck interview, so it may be covered in there.
This is from the LaGrange News article:
". . . three cardiologists - James Brennan and Thomas Gore, both of LaGrange, and Raed Aquel of Birmingham - evaluate the patient, who would receive whatever treatment two of the three recommended."
A blogger on blogsforterri.com says that the nephew Kenneth feels the LaGrange News got the facts right.
http://www.blogsforterri.com/archives/2005/04/i_just_talked_w.php#more
For the record, George Noory of Coast to Coast AM also mentioned Mae Magouirk at the start of his show.
Great job, ec!!!!!! Thank you!
Posted by Fred Nerks to libertarianben
On News/Activism 04/08/2005 10:58:05 PM PDT · 74 of 74
Posted by Fred Nerks to Diva Betsy Ross
On News/Activism 04/06/2005 3:47:14 PM PDT · 323 of 368
Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Source: Federal Bureau of Investigation - Investigative Programs - Civil Rights.
http://www.fbi.gov/hq/cid/civilrights/statutes.htm#section242
bump
very good, fred. Thanks for posting that!
I hope it's useful, I read it ten times, still trying to work out just who does it apply to? Everyone? Or just people of colour or race...or illegal immigrants?
UPDATE:
WND has written another article about Mae!
Georgia Grandma's Life in Hands of 3 Cardiologists
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=43721
The Glenn Beck interview seemed in line with the LaGrange News article...which again points to these doctors. The nephew admitted that he agreed to the "compromise" of these doctors conferring, but then was rather irritated that they hadn't made their decision as they were supposed to do within 24 hours. My question is "what are they conferring about, if this is so clear-cut?!"
Posted by Fred Nerks to FR_addict
On News/Activism 04/08/2005 9:20:50 PM PDT · 367 of 369
Useless Eaters vs The Death Cult: # 189 (snip)
http://www.freerepublic.com/focus/news/1372897/posts
Dr. Peter Bambakidis testimony that heart attack wasn’t cause for Terri’s collapse
BEFORE: THE HONORABLE GEORGE W. GREER
Circuit Court Judge
PLACE: PINELLAS COUNTY COURTHOUSE
315 Court Street
Clearwater, Florida
DATE: October 15th, 16th, 17th, 20th & 22nd, 2002
Page 222
1 MR. FELOS: Thank you, Your Honor.
2 THEREUPON,
3 PETER BAMBAKIDIS, M.D.
4 WAS ADDUCED AS THE WITNESS HEREIN AND AFTER
5 BEING DULY SWORN ON OATH WAS EXAMINED AND
6 TESTIFIED AS FOLLOWS:
7 DIRECT EXAMINATION
Page 271
Q. Now, what did Mr. Schiavo tell you
6 about Terri's history?
7 A. Basically, I had approached this the
8 way I would approach examining any patient. In
9 other words, the history of the present illness,
10 what exactly happened back in 1990.
11 Q. So you got his description of the
12 underlying incident?
13 A. The events that occurred at that
14 particular point in time.
15 Q. Did he tell you that she had had a
16 heart attack?
17 A. No, I don't remember -- I do not recall
18 that.
19 Q. You concluded that she did have a heart
20 attack, though, correct?
21 A. No, I did not.
22 Q. It's not in your report?
23 A. No, I don't believe it is.
24 Q. What is your understanding of what
25 happened to her?
Page 272
1 A. Well, my understanding is that she did
2 have a cardiac arrest.
3 Q. Okay.
4 A. My understanding is further that there
5 seems -- it's still not definite exactly what the
6 cause of the cardiac arrest was.
7 Q. It was definitely not a heart attack
8 because her enzymes were not elevated, correct?
9 A. Well, I'm not going to answer that
10 directly. Suffice it to say that the diagnosis
11 of MI was not made or myocardial infarction was
12 not made.
DID YOU CATCH THIS ONE?
Whoops! Wrong thread, sorry.
From the new WND article:
WorldNetDaily has not been able to verify if food is still being denied, but if it is it would be in contradiction of the court’s ruling.
In his order, Probate Judge Douglas Boyd permitted Gaddy to continue as Magouirk's temporary guardian, but in a formal letter attached to the order stated that her powers were limited. One of the conditions of her guardianship is "To see that the ward [Magouirk] is adequately fed, clothed, sheltered and cared for, and receives all necessary medical attention, including placement in a nursing home, if appropriate."
thanks for the alert.
Yes; I've read that before. But most people, especially, greer likes to ignore ALL testimony taken.
I would assume to all people; it's our civil rights. However, the FBI said they couldn't get involved with Terri, even though her civil rights were being violated by a judge acting under color of the law he made up himself.
So...it could very well be that she's receiving hydration and nutrition...but the information won't be released beause of privacy requirements. We can hope.
Properties: http://usera.imagecave.com/phenn/certification Does anyone know how to find the admittance form relating to this case?
Yes, I hope so too. Although, I'd feel much more comfortable is she was in a hospital or a nursing home rather than a hospice.
In Australia there is a HUGE difference between a Nursing Home and a Hospice. Does the same apply in the US? A Nursing Home in Oz is where people are NURSED AND TENDED, a Hospice is where they go to die!
Yes, I'd like to see Mae's hospice admittance form, too. Probably, the only person who could get ahold of it would be Mae's nephew or another family member. I suppose a concerned doctor or nurse could find it and leak it as well.
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