Schiavo Case Could Cause Change In Law

TBO.com ^ | October 19, 2003 | DAVID SOMMER

[Pan_Yans Wife]

The portion of Florida's civil rights law that allows people to decide in advance whether they want to be kept alive through artificial means remains intact after a series of appeals in the case of Terri Schiavo. But legal scholars watching the case suspect the emotionally charged battle over Schiavo's fate will spur lawmakers to act to prevent such disputes in the future.

Those emotions reached a climax last week when the 39- year-old St. Petersburg woman's feeding tube was removed on court orders.

``I don't see that this case itself is in any way groundbreaking in terms of the law,'' said Joseph Little, a professor at the University of Florida's Levin College of Law. The fact that Gov. Jeb Bush got involved after receiving tens of thousands of e-mails from people who want Terri Schiavo kept alive, however, catapulted the case in importance, Little said.

``It could result in the governor or Legislature moving to change the law,'' the professor said.

Michael Allen, a professor studying the Schiavo case at Stetson University College of Law, said he has reached the same conclusion.

``I don't think the Florida statute known as the `right-to- die law' has been changed,'' Allen said. ``I think what the courts did in this case is that they resolved the he-said, she- said dispute the best they could. ... A lot of people think the way the judge weighed the facts was improper. It is just that the factual history is so dramatic.''

Circuit Judge George Greer has endured repeated criticism for consistently ruling in Michael Schiavo's favor in a more than five-year battle with his in-laws, Bob and Mary Schindler. Michael Schiavo contends his wife is in a persistent vegetative state with no hope of recovery and would not want to be kept alive with the help of a feeding tube inserted into her stomach.

The Schindlers contend their daughter reacts to them and could improve with therapy.

Debate Had Already Begun

Terri Schiavo has been unable to speak since January 1990, when at age 26 she suffered unexplained heart failure that cut off the blood supply to her brain.

At the time she fell ill, the Florida Legislature and the state court system were embroiled in disputes over how to honor the wishes of people who do not want to be kept alive by artificial means. The landmark case that helped shape the Health Care Advance Directives Law involved a Dunedin woman kept alive with a feeding tube.

Estelle Browning died of natural causes in a nursing home while the Legislature and Florida Supreme Court wrestled with the issues raised by her case. The 89-year-old woman had drafted a ``living will'' in 1985 to prevent doctors from taking extraordinary measures to prolong her life in the event of terminal illness, specifically including feeding tubes among those measures.

After a 1986 stroke left her unable to speak or swallow, a nursing home refused a relative's request that Browning's feeding tube be disconnected.

In September 1990, more than a year after Browning's death, the Supreme Court ruled that Floridians have the right to refuse medical treatment, no matter what the treatment or the prognosis.

The court also upheld a state law that said people who can no longer communicate need only to have told friends or family of their wishes not to be kept alive by artificial means, said George Felos, the lawyer who argued that Browning's written advance care directive, or living will, should have been honored.

Felos is also Michael Schiavo's lead attorney.

The Schiavo case hinged on Michael Schiavo's contention that his wife made statements prior to her illness indicating she would not want to be kept alive in her current condition. The Schindlers dispute that.

After a January 2000 trial, Greer concluded evidence showed Terri Schiavo made those statements. His judgment has been repeatedly upheld on appeal, and both the Florida and U.S. Supreme Courts declined to get involved, as has a lower federal court.

Changes Might Come

Because Greer has been consistently upheld, the Health Care Advance Directives Law stands as both constitutional and enforceable, Felos and the law professors said.

But, they said, the Schiavo case could result in efforts to change the law.

``Other states require much more explicit evidence of a person's desires - written evidence, for example,'' Stetson's Allen said.

And Brown said right-to-life groups could push to have the advance directives law thrown out.

Lynda Bell, spokeswoman for Florida Right To Life Inc., said the Schiavo case shows the advance directives law goes too far.

``The Schiavo precedent is a very dangerous one,'' she said. ``We need protective legislation to protect people from the so-called right to die when it is becoming a duty to die.''

State Rep. Frank Peterman, D-St. Petersburg, stopped by the Pinellas Park hospice where Terri Schiavo's feeding tube was removed Wednesday to express his support for the Schindlers.

Afterward, Peterman said he intends to raise the issue during the 2004 session.

``What we need to do is take a look at the provision of the law that talks about withholding food and water,'' Peterman said. ``It is not an issue if the person said this is what they wanted, but if you don't know [for sure], you ought to err on the side of keeping them alive.''

[Pan_Yans Wife]

Because Greer has been consistently upheld, the Health Care Advance Directives Law stands as both constitutional and enforceable, Felos and the law professors said.

Has there been any attempt to get this law overturned?

[wingnuts'nbolts]

But by then Terri will be dead, murdered by law, her widower remarried and home free all of all charges of foul play, her mother and father devastated and the case for euthenasia advanced by this liberal judge and scandalous Lawyer, who has an interest in the Hospice where this is being played out. Makes me ashamed of the Florida Courts and their liberal legislative law writing judges.

Ask not for whom the bell tolls, it tolls for thee.

[Pan_Yans Wife]

Of course it tolls for me.

That doesn't mean that the Schiavo's have any other legal recourse. The end is near.

They should have been urging a change in Florida law years ago. Why is the legislature so silent? Why are the people of Florida so silent?

[hedgetrimmer]

Because Greer has been consistently upheld, the Health Care Advance Directives Law stands as both constitutional and enforceable

I don't believe because a law has been upheld by one judge that it necessarily is Constitutional. In fact, the constitutionality of the law has never been questioned, just its application. This is clearly an attempt to brainwash people into thinking euthanasia is OK.

[philetus]

"Why is the legislature so silent? Why are the people of Florida so silent?"

Why are thousands of Terri's supporters not marching towards the hospital, armed with 2x4's, picks, shovels, bats.etc.?

[Pan_Yans Wife]

The problem is that Judge Greer has the power to interpret the law and rule as he deems appropriate.

Perhaps he should now be impeached.

[syriacus]

In September 1990... the Supreme Court ruled that Floridians have the right to refuse medical treatment, no matter what the treatment or the prognosis.

September, 1990 is after Terri's alleged comment, "No tubes for me."

Terri "collapsed" in January of 1990, many months before the FSS Court decision, which makes it easy to remove feeding tubes.

George Felos, Mike Schiavo, and George W. Greer are, in effect, retroactively applying the September 1990 decision to Terri .

If the law is changed to in a way that would give jail time to those who remove food tubes in uncertain circumstances, I hope Felos, Greer, and Schiavo have it retroactively applied to them.

Looks like permission from the Pinellas/Pasco Medical Examiner will be needed if Mike-el Diablo decides to cremate Terri's body.
XI. CREMATION APPROVAL (Florida Statutes 406.11(1)(c))

Will Greer try to arrange a way for Mike to circumvent Florida law?

[INSENSITIVE GUY]

There should be a change in the law.Something needs to be done to take power away from judges as they lack both the moral graces and the intelligence required to make life or death decisions.

[hedgetrimmer]

Perhaps he should now be impeached.

That would be a very good start.

[syriacus]

We've learned that the judge is the ultimate guardian for the patient.

Guardians with control over patients lives should be required to speak directly with their wards.

If nothing else, there should be a law that forces judges like Greer to visit the patients, perhaps to try to communicate with the patients, to see if they can indicate what their wishes are. Witnesses and experts at communicating with the disabled should be present. The video tape should be rolling as the judge asks the questions.

Someone should make sure that the patients have not recently been given drugs that would make them unable to respond. (I wonder if Terri has ever been "doped up," to make her less responsive during examinations.)

[Coral Snake]

I am not refering to the POSTER here just the article itself.

QUIT CALLING THE ORIGINAL CAUSE FOR TERRI'S DISSABILITY A HEART ATTACK YOU MEDIA JERKS!!!! This is a CRIMINAL CASE from start with clear evidence in that direction and I wonder why people ARE NOT SEEING IT!!!!

[supercat]

But by then Terri will be dead, murdered by law, her widower remarried and home free all of all charges of foul play, her mother and father devastated and the case for euthenasia advanced by this liberal judge and scandalous Lawyer, who has an interest in the Hospice where this is being played out. Makes me ashamed of the Florida Courts and their liberal legislative law writing judges.

That Terri has survived 13 years despite earlier attempts to have her die off from dehydration, infection, etc. suggests to me she has a pretty da?n strong will to live. If she wanted to be dead, she would have been long ago.

Whether or not she survives this, though, if the attention she's received helps unwind the Culture of Death a little bit, her 13-year struggle for life will not have been in vain. [Of course, I hope she lives.]

[supercat]

Looks like permission from the Pinellas/Pasco Medical Examiner will be needed if Mike-el Diablo decides to cremate Terri's body.

Did you note that it also requires a positive determination of the initiating event of her demise (which, per Felos et al., would be her 1990 collapse)? And further it requires that any evidence of trauma be examined.

Seems to me that the Pinellas County Medical Examiner should do an inquest to determine whether any of Terri's trauma could be related to her initial collapse.

[texaslil]

I sure as heck see it. There's no other explanation for why this creep wants this woman killed when it's no skin off his nose to have her returned to her parents. Medical miracles happen all the time and there's too much chance she might tell what happened to her. Also--there's the million plus settlement, or what ever is left of it to be inherited. A clear conflict of interest. Florida law and tort law should be ammended to RETURN UNUSED MONIES awarded for the care and rehabilitation of such recipients to the insurers in the event that any amounts remain after a patient dies and/or it never used for the intended purpose, as in this case. After all, he received something of a kings ransom for himself seperately for loss of companionship. One might call it "The Lead us Not Into Temptation Law." As far as this monster wanting to "get on with his life," hasn't anyone noticed he has done that? For what it's worth--if I was the "new little chippie," I'd sleep with one eye open, after checking to see how much insurance was riding on me.

[supercat]

For what it's worth--if I was the "new little chippie," I'd sleep with one eye open, after checking to see how much insurance was riding on me.

I'd be setting up a new address and, if I were unscrupulous, opening up an offshore bank account. Wouldn't it be truly fitting if Michael woke up one morning with his fiancée gone and soon thereafter received an anonymous note "IF YOU DON'T WANT ANYONE TO KNOW XXX, DEPOSIT $500,000 IN BANK YYYYY ACCOUNT ZZZZZ BEFORE 12PM TOMORROW"?

[honeygrl]

Breaking news on terrisfight.org:
http://www.terrisfight.org/lead.htm

IMPORTANT UPDATE ON HOW JEB IS TRYING TO HELP
This person wanted this word to be spread:

Please help to get this info. spread out on other places here and on the net, etc. to individuals, and others you deem should be made aware. Let them know to convey the same info. to others.

Regards.

Please get this info. out:

Contact: Pamela Hennessy

Terri Schindler-Schiavo Foundation

Phone 727-445-1766

eFax 802-609-9121
email: phenn@zimp.org


Press Release

Special Session Called in State Legislature

Speaker of the House, Johnnie Byrd to introduce “Terri’s Bill”

Clearwater, FL October 19, 2003: The Governor of Florida, Jeb Bush, has called a special session of the Florida Legislature for Monday, October 20, 2003. At that time, Florida’s Speaker of the House will introduce “Terri’s Bill”. By Florida law, two thirds majority vote are required to have a topic entered.

Volunteers with the Terri Schindler-Schiavo Foundation have learned that Senate President, Jim King is against this bill.

The Bill would put an immediate moratorium on all dehydration and starvation deaths currently pending in Florida.

We have come to a time when the merchants of death have created a constitutional crisis and a justice gridlock, while the rightful life of Florida’s disabled and vulnerable citizens tragically hang on Terri Schindler-Schiavo’s court ordered dehydration and starvation death.

We urge all concerned Floridians to contact their Senators and State House members to vote for Terri’s bill.

Time is short.


77 posted on 10/19/2003 8:49 PM EDT by pc93 (A good site to visit is http://www.terrisfight.org . Oct. 15th 2pm death order must be stopped)

[Pan_Yans Wife]

THANKS!

[honeygrl]

There was a thread made about it but it was pulled due to not having a link to the article (i think that was the reason). I just PRAY that it's not too late! The guys doing the voting need to be emailed by as many as possible so they know just how many people they would upset if they voted no!

[nmh]

Folks have a living will drawn up that state your desires on this kind of issue.