Pennsylvania. Court of Common Pleas, Bucks County.
KIE: The Pennsylvania Court of Common Pleas for Bucks County ordered termination of life support of an incompetent person after consideration of the state's interest in the preservation of life. Fiori had been permanently comatose and in a vegetative state for over 17 years. At the time of his first brain injury from a car accident at age 21 which rendered him unable to communicate, until his second brain injury, Fiori had not expressed an intent about life-prolonging treatment. His mother sought to discontinue nutrition and hydration. Noting that Fiori's life was without content much less quality, the court ordered the nursing home to end all nutrition, hydration, medication, and other life-sustaining procedures. The court based its decision on a best interests standard derived from a report of the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research.
In re Martin, 538 N.W. 2d 399 (Mich. 1995)
...Yet, in spite of these facts, both a MI probate court and the MI Court of Appeals ruled that nutrition and hydration could be withheld from Michael. One judge held that Michael's response indicating that he wanted to go on living was irrelevant given his impaired condition. Michael's mother, Leeta Martin, and his sister, Patricia Major, in an attempt to save Michael's life, appealed the case to the state Supreme Court. (For more background information, see Update, July-August 1994).
Upon appeal to the Michigan Supreme Court:
The Court concluded, "Accordingly, we reverse the Court of Appeals determination because [Mary Martin’s] testimony and affidavit do not constitute clear and convincing evidence of Mr. Martin’s preinjury decision to decline life-sustaining medical treatment in the form of a gastrostomy tube that provides hydration and nutritive support." [p. 29]
Appellate court cases relevant to forgoing food and fluids, nationwide.
I agree with you, EV.
see this thread:
I have been reading more of thesecases and am sad to say that in the majority of them I have looked at the Courts lean toward death. Sad days.
Killing the disabled is far more common than most of us even thought, and we are more aware than most.
Why, why,why don't these folks divorce their 'troublesome' spouse, especially since the family wishes to make sure they cared for.
And the man indicated he wanted to live!!
Thanks for such a valuable link. I just got off the phone with my mom, she's retired and said she would be happy to make some phone calls from the contact numbers we get.
I shared some of the vignettes posted on here with her and she is willing to get a couple of her friends to make calls too.