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***
Still waiting for the show of hands..... Excellent point!
The solution? Heart, mind and soul working as one. Innovation, cussed-American ingenuity, and Japanese robotic fancies turned to the cause of making long-term care less burdensome and less expensive. Doable by 80 year old caretakers caring for 105 year old parents.
(1) If anyone needs my personal info- please Freepmail me.
(2) If you have asked questions or posted things to me and I have not replied directly- please forgive me! I am juggling quite a bit of contacts- and information gathering and dissemination.
(3) I am setting up a .com site that will be dedicated to saving people from events such as with Terri and Mae.
As soon as it is up and running- I will give you all the details. THis .com- is going to be different than my blog. It is going to be a TEAM EFFORT!
Please remember to focus on Mae getting what she needs- HYDRATION AND NUTRITION! We can argue about other things later. But let's give Mae the chance she deserves- FIRST!
Thanks to all of you!!
ALSO
There is a lot info that you all have gathered and posted etc- since I went to bed last night. Give me some time to get all this together! LOL!
Thanks!
PS- I talked to Kenneth last nite!
The thing I see as the most effective thing we can do right now- is to SWAMP Rita Cosby with Email! GIVE HER KENNETHS phone # (205) 408-7598!
Tell her to call him- leave links to his press releases and the WND and the LaGrange articles too PLEASE! BUT PUT KENNETHS PHONE # AT THE TOP!
WE NEED TO GET HER TO TALK TO THE SOURCE!!!
Thanks!
Sherri
Let me put it this way, please.
What if George Soros used euthanasia, or FORCED euthanasia, to kill one of your loved ones, or mine, plus many other folks' loved ones.
Would that be OK just because he contributed $$ for a good cause (IF he did)?
Hospice can enroll any patient it wants to if its acting under good faith. There is in most cases a disagreement in diagnosis between physicians and family members. Teh six month rule is idiotic because you cannot predict with absolute certantiy when someone will die. HOw many hospice pacients have you caed for that have died right on schedual? That's ridiculous. 10 years ago my aunt had breast cancer that speard to her lymp nodes. Even with agressive treatment she was given only six months to live. So her admitted herself into hospice care. She died four years later. Should I sue the hospice for admitting her.
Did Terri Schiavo have a countdown timer on her butt that ssid for certainty when she was going to die? According to the AMA PVS is a terminal state that will not improve. Guess what you may disagree with that diagnosis, but it does fall under the Federal guidelines for hospice care. And now this 80 some odd year old woman with diabeties has an aortic dissection and your debating the six month guideline with me? HELLO six months to live at that age with those problems! Not a stretch by any means of the imagination. Go find the actual regulations governing hospice care and read the entire text for yourself.
Oh and your second problem is the the brother and sister live in Alabama not Georgia where the grandaughter resides apparently with the grandmother.
Can we impeach Bush for killing innocent Iraqis. Or do they not count.
Oh, for Pete's sake..
Do you hear yourself?
you are so silly.. it is like listening to a 12 year old. My 15 year old son could see through your rhetoric..
Cute- but just a waste of our time..
Get back to us when you grow up...
But thanks for the laugh this morning-- I needed it!
1) Write a good living will.
2) Fight to get people to respect living wills
Nah. If you you don't have a trusted family or close friend, hire (pay) a doctor, clergy or lawyer to represent your wishes. Written directives are too moldable, no matter what the text is. A live person, OTOH, can adapt to the shyster judges, insurance, and assorted other agents of death.
No, I would go after him for that, just as I have condemned him for his campaign tactics. But I would not necessarily condemn his organization if it had nothing to do with the issue at hand.
I suspect that are charged with determining a course of treatment for the dissection. Mae's sister has a dissection too, and was treated with medication and rest. So, the debate that I imagine between these three doctors is between the available courses of treatment for Mae's condition, where all of those courses of treatment are aimed at sustaining life. I.e., which course has the best chance of success. I would guess that none of the recommended courese of treatment will consist entirely of withholding nutrition and hydration.
There was a report that counsel for hospice would have Mae dischrged if she was intubated, i.e., that she would no longer be certifiably terminal if given life sustaining nutrition and hydration.
(4) In the case of a resident who has not been adjudged incompetent
by the State court, any legal-surrogate designated in accordance with
State law may exercise the resident's rights to the extent provided by
State law.
Code of Federal Regulations]
[Title 42, Volume 3,Page 502-571]
Notice it says any legal surrogate and the words state law.
The other relatives live in a different state, therefore they are not subject directly to the state law. The granddaughter was the closest living legal next of kin.
I'm cute for quoting to you from the Federal and state codes? I have them in front of me that's how I can give you the page numbers.
And that is not retoric is is a legitmate philisophical question which you sidestepped using one of the oldest debateing techniques. Belittleing the questioner.
This entire argument is academic for us. We are not part of there family. You have only one side of the story, that of the people who want your help to sway procedure in their direction. I do hear myself! I hear myself asking tough questions to both sides to see if they are thinking anything beyond kneejerk emotional reactions. So far nothing.
What if Tom DeLay used force to order a loved one keep alive against your wishes? Is that not the same thing?
Your "questioins" demand a "smoking gun" type of evidence. Sorry, but i am not privy to the listed expenditures of the various hospices. I am convicting on circumstantial evidence.
vaudine
Not sure where you are going with this. Why Tom Delay? And why an order to keep alive? Not trying to be a smart a$$, just want to be sure exactly what you want.
Sec. 418.22 Certification of terminal illness.
(a) Timing of certification--(1) General rule. The hospice must
obtain written certification of terminal illness for each of the periods
listed in Sec. 418.21, even if a single election continues in effect for
two, three, or four periods, as provided in Sec. 418.24(c).
(2) Basic requirement. Except as provided in paragraph (a)(3) of
this section, the hospice must obtain the written certification no later
than two calendar days after the period begins.
(3) Exception. For the initial 90-day period, if the hospice cannot
obtain the written certifications within two calendar days, it must
obtain oral certifications within two calendar days, and written
certifications no later than eight calendar days after the period
begins.
(b) Content of certification. The certification must specify that
the individual's prognosis is for a life expectancy of 6 months or less
if the terminal illness runs its normal course.
(c) Sources of certification. (1) For the initial 90-day period, the
hospice must obtain written certification statements (and oral
certification statements if required under paragraph (a)(3) of this
section) from--
(i) The medical director of the hospice or the physician member of
the hospice interdisciplinary group; and
(ii) The individual's attending physician if the individual has an
attending physician.
(2) For subsequent periods, the only requirement is certification by
one of the physicians listed in paragraph (c)(1)(i) of this section.
(d) Maintenance of records. Hospice staff must--
(1) Make an appropriate entry in the patient's medical record as
soon as they receive an oral certification; and
(2) File written certifications in the medical record.
[55 FR 50834, Dec. 11, 1990, as amended at 57 FR 36017, Aug. 12, 1992]
[Page 694-695]
Take special note of part B of the ACTUAL FEDERAL CODE that governs hospice care. If they took the feeding tube out of Terri Schiavo the terminal illness would kill her in roughly 2 weeks, which I believe is what happened. Also, this particular regulation governs medicaid patient reimbursement, Terri was not on medicaid when she first entered the hospice therefore was not subjuect to this particular regulation.
Again from someone evasion. If you cannot explain both sides of an argumant how do you know what you are argueing against. I say Tom Delay because he is the one who put forth the measures in congress to "save" Terri Schiavo. You could easily picked Jeb Bush. or how about John Ashcroft? He forced the feeding tube back into Nacy Cruzan against her fathers wishes. Let's ask her father how he felt about that.
I was being straightforward with you, not evading. I first thought you were referring to federal intervention. Nor am I at all sure what one has to do with the other. I thought I explained the dichotomy between Soros' PDIA grants and Soros' political beliefs. My belief is that it was none of the federal governments business! Bad things can happen in accord with the Tenth Amendment. If the federal government is the be all and end all, then we are not a republic. If states have any rights as per the Tenth Amendment, but those rights must be first approved by the federal government, then they have no rights. I have no idea how Cruzan's father felt or feels.
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