Doctors: Terri case not 'death with dignity' issue

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A physicians' group has added its voice to the din of reaction to Florida Gov. Jeb Bush's intervention in the case of Terri Schindler-Schiavo, the brain-disabled woman whose life-sustaining feeding tube was removed last week at the request of Terri's husband and guardian, Michael Schiavo.

Schiavo, who maintains his wife is in a persistent vegetative state and would want to be allowed to die with dignity, has been locked in a 13-year legal battle with Terri's parents and siblings who argue Terri is alert, wants to live and, given appropriate therapy, can be rehabilitated. Terri left no written directive.

Within hours of the state legislature's historic passage of a measure, known as Terri's Bill, which empowered the governor to take executive action in the matter, Bush ordered the feeding tube reinserted last night.

While hailed as a "miracle" by Terri's sister and other supporters, the surprise development – coming on Day 7 of Terri's judge-ordered starvation – angered right-to-die attorney George Felos, who represents Michael Schiavo.

Felos called the eleventh-hour law and Bush's subsequent intervention "absurdly unconstitutional" and maintains Terri has a right under the Florida Constitution to not be kept alive artificially.

"The governor of the state of Florida does not have the right to trump a patient's personal choice," he said at a press conference. "The citizens of Florida should be alarmed by what is happening. What is happening here is a gross and illegal intrusion into the private liberty of citizens. ... This is not the former Soviet Bloc where you don't have the liberty to control your own body."

Following two unsuccessful attempts by Felos to get circuit judges to block the reinsertion of the feeding tube, Terri was transferred from the hospice where she has been a patient for three years to a local hospital and rehydration efforts were reportedly launched.

"She was literally absconded from her death bed in the middle of her dying process," Felos told ABC's "Good Morning America" this morning, calling the rehydration efforts "cruel."

But Dr. Jane Orient with the Association of American Physicians and Surgeons, or AAPS, claims the opposite is true: "Dehydration is a cruel, painful death."

"It is unconscionable that the state ordered removal of her feeding tube in the first place – it's nothing less than state-sponsored euthanasia," maintains Orient. "She is not dependent on advanced medical interventions. Nothing is mechanically pumping her blood, or forcing oxygen into her lungs. She is simply being fed through a gastrostomy tube."

Last week the General Assembly of the Catholic Medical Association passed a resolution that concurred with Orient's view. It declared removal of Terri's feeding tube "without first undertaking rehabilitation therapy to ascertain her ability to swallow and digest nourishment" constitutes "depriving her of life without due process of law," according to Florida Statutes Section 744, 3211.

Would we allow a retarded child to be starved to death?" queries Orient. "Where are the 'compassionate end-of-life' groups such as the Robert Wood Johnson 'Last Acts' initiative, and why aren't they weighing in on this?"

Multiple physicians solicited by the Schindlers believe Terri, who vocalizes, laughs and appears to respond to her parents, could be rehabilitated to some extent. Some have even offered pro bono treatment, even though Michael Schiavo was awarded nearly $1.5 million dollars in malpractice suits to pay for Terri's rehabilitation and nursing expenses shortly after her mysterious collapse at home in 1990 during which oxygen was cut off to her brain for several minutes.

WorldNetDaily has reported that during court testimony last year, Victor Gambone, Terri's attending physician hired by Michael Schiavo in 1998, testified he was unsure whether his patient had even had her teeth cleaned in recent years and said she hadn't received therapy. He said he accepted Michael Schiavo's word that therapy had been deemed unnecessary.

"Although severely disabled, some believe that she does have the capacity to communicate a desire to live. The husband has obstructed efforts at rehabilitation or independent assessments of his wife's true state," continues Orient.

WorldNetDaily reports the family has been blocked by Michael Schiavo from visiting Terri at Morton Plant Hospital in Clearwater, Fla., where she was transferred. Their inability to verify she is being rehydrated per Bush's order concerns them. As of yesterday morning, they reported she was awake and appeared alert, although shrunken.

Felos told reporters yesterday Terri was showing signs of massive organ failure and said the reinsertion of the feeding tube was just prolonging her death.

AAPS, a non-partisan, professional association of physicians dedicated to protecting the sanctity of the patient-physician relationship put out a warning to colleagues: "The ethical question for her nurses and physicians is whether they will cooperate in carrying out a death warrant.

"And the ethical question for all of us is whether we will allow the state to obstruct the efforts of people who want to provide medical care to a patient who wants to receive it," said Orient. "If we go down that path, who's to say what treatment the state will prevent you from getting?"

Updates and other information about Terri's fight for life are posted on the family's website.

I believe that the judge in this case deserves impeachment and removal from the bench for incompetance if nothing else.

MS, Felos and Judge Greer seem to have a pact with the devil! From Terri's web site:

Overview Of Events In Terri's Case (January 2000 – May 2002)

January 24-28, 2000 – Terri’s life is on trial in Circuit Court Judge George W. Greer's Courtroom.

February 11, 2000 – Judge Greer rules to have Terri’s feeding discontinued.

February 20, 2000 – A rehearing motion was filed with Judge Greer by Attorney Campbell along with a petition requesting Judge Greer to allow for Terri to be tested to determine if she is capable of swallowing.

February 21, 2000 – Judge Greer denies motion for rehearing.

February 25, 2000 – Michael Schiavo filed a petition to prohibit Terri's family from visiting Terri, and/or severely restricting their visiting hours.

March 7, 2000 – Judge Greer denies petition to perform a swallowing test to see if Terri has the ability to swallow. Judge Greer also:

Ordered Terri's family to submit a visitation "guest list" for Schiavo's approval.
Authorized Schiavo's hiring of a security guard to protect Terri.
Authorized Schiavo to hire a security guard for his own personal protection.
Authorized security personnel costs shall be borne by Terri's Medical Fund.

March 24, 2000 – Attorney Joseph Magri filed an appeal notice with the Appellate Court. Judge Greer issued an "execution stay" allowing Terri to be fed for 30 days beyond the exhaustion of all appeal remedies and restricted Michael Schiavo to seek and lift the stay.

April 10, 2000 – Michael Schiavo clandestinely moved Terri from Palm Gardens Nursing Home to the Woodside Hospice Facility. In an emergency hearing, Judge Greer denied a request by Attorney Campbell to return Terri to Palm Gardens Nursing Home.

April 21, 2000 – Judge Greer denied Attorney Joseph Magri's motion to transfer Terri from Woodside Hospice Facility back to a Registered Nursing Home.

May 9, 2000 – A Court hearing was cancelled after Michael Schiavo verbally committed to sign an agreement that Terri will get the necessary medical treatment at Hospice.

June 18, 2000 – After reneging on his previously agreed terms of the agreement, Michael Schiavo later signed an amended agreement stating he will not withdraw or terminate Terri's medical care or treatment for potential fatal infections, without prior notice to the court. He also agreed to treat Terri for a 5-day period should she have an infection.

July 5, 2000 – Attorney Magri filed a formal appeal with the Appellate Court to reverse Greer's February 2000 ruling authorizing Schiavo to remove Terri's nutrition feeding.

August 23, 2000 – Schiavo’s attorney responded with a Brief to Appellate Court pleading that Terri's feeding tube should be removed and Theresa be allowed to die "naturally."

November 8, 2000 – A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing."

January 25, 2001 – The Appellate Court ruled to uphold Judge Greer’s verdict in favor of removing Terri's nutritional feeding tube.

February 8, 2001 – Attorney Magri filed a motion for a rehearing or clarification. He also requested the entire Appellate Court staff of Judges review the decision. It was denied.

March 22, 2001 – At a Judge Greer Court hearing, Schiavo’s attorney requested to remove Terri's feeding immediately asking for Judge Greer to reverse his "execution stay" that allowed Terri to be fed for 30 days beyond the exhaustion of all appeal remedies. Attorney Magri obtained an Appellate Court "30-day stay" preventing the immediate removal of Terri's feeding.

March 29, 2001 – Judge Greer reversed his original "execution stay" ordering Terri's feeding to be removed when the Appellate Court "30-day stay" expires on April 20, 2001. Attorney Magri then filed an Appeal with the Florida Supreme Court. He also filed with the Appellate Court for an extension of the "30-day stay," in an attempt to guarantee Terri protection until the appeal with the Florida Supreme Court is completed.

April 1, 2001 – The Appellate Court denied extending the "30-day stay."

April 12, 2001 – Attorneys Anderson and Eckert filed in the Circuit Court to disqualify Judge Greer from Terri's case due to discrepancies Greer permitted in his courtroom.

April 16, 2001 – Judge Greer denies motion.

April 18, 2001 – The Florida Supreme Court refused to hear Terri's case and refused to extend Terri's "stay," beyond 1 p.m. Friday, April 20, 2001. Attys. Anderson and Eckert filed a suit in the Federal Court requesting that court intervene in Terri's case.

April 19, 2001 – The Federal Court conducted a morning hearing where Judge Lazzara claimed the issue was beyond that court's jurisdiction. The Judge extended Terri's "execution stay" to 5 p.m. Monday, April 23, 2001. Attorney Magri filed an appeal with the US Supreme Court

April 23, 2001 – Judge Kennedy of the US Supreme Court refuses to hear Terri’s case.

April 24, 2001 –Terri feeding was terminated.

April 25, 2001 – Michael Schiavo denies Terri's sister and brother from visiting Terri.

April 26, 2001 – Attorneys Anderson and Eckert presented the Cyndi Brasher Shook new findings to Judge Greer that Schiavo had perjured himself at Terri's, January 2000 trial. Judge Greer refused to hear the new evidence because it was presented after one-year time constraints. Terri had not had any nutrition for 48 hours.

April 26, 2001 – Attorneys Anderson and Eckert presented the same new evidence that Schiavo had perjured himself at Terri's 2000 Trial to Civil Court Judge Frank Quesada. In an emergency hearing, Judge Quesada ordered Terri's feeding resumed. Terri had not had any nutrition for 60 hours.

April 30, 2001 – Schiavo's attorney filed an emergency motion with the Appellate Court, appealing Judge Quesada’s order, and to stop Terri's nutritional feeding immediately.

May 7, 2001 – Dr. Hammesfahr (neurology), filed a six page affidavit with the court stating Terri was not in a Persistent Vegetative State, accompanied by a formal letter requesting Schiavo’s permission to allow Terri to begin rehabilitation treatment.

May 7, 2001 – Attorney's Anderson and Eckert filed an "Amended Complaint in the Civil Court." In addition to the initial Fraud and Perjury charges levied against Schiavo, this document contains charges of Breach of Fiduciary Duty and Conspiracy.

May 8, 2001 – Witness Cindy Brashers Shook rendered her deposition.

May 9, 2001 – The Court of Appeals ordered "Oral Arguments" for June 25, 2001.

May 11, 2001 – Judge Quesada denied Schiavo's attorneys motion to negate Judge Quesada's jurisdiction.

June 1, 2001 – Attorneys Anderson and Eckert filed a court motion, which included five additional affidavits from physicians (neurologists) stating Terri was not in a "persistent vegetative state," as portrayed by Schiavo.

June 8, 2001 – Michael Schiavo was issued a deposition subpoena. On two separate occasions the subpoena servers could not locate Schiavo. He and his fiancée had vacated their residence, their whereabouts were unknown.

June 14, 2001 – At the 11th hour, Schiavo’s attorney gave notice Schiavo would not be available for his scheduled deposition.

June 18, 2001 – Schiavo's attorney filed an affidavit from Dr. James Barnhill, reiterating his trial testimony that Terri is in an irreversible vegetative state. The statement goes on to maliciously attack the credibility of the six neurologist’s affidavits.

June 20, 2001 – In a hearing held by Judge Quasada, he declined to designate Terri as a "Key Witness," opting to wait for the Appellate Court appeal decision.

June 21, 2001 – In a hearing, Pinellas Chief Judge elect, Demers ordered the lawsuit, charging Michael Schiavo with "Fraud and Perjury," to remain in the civil court. However, he gave Judge Greer authority on whether Terri should have any new medical evaluation or treatment. Greer will also determine if Terri's sister and brother can visit Terri.

June 25, 2001 – A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing."

July 11, 2001 – The Appellate Court issued a ruling allowing a motion be filed in Judge Greer's Probate court to request evidentiary hearings. The Appellate Court denied Schiavo's attorney’s request to order Terri's feeding stopped.

July 20, 2001 – Attorney Larry Crow joined Attorney Anderson as co-counsel. In motions filed by Attorney Pat Anderson, Judge Greer was presented with evidence that that Schiavo had abused Terri both neurological and medically over the past eight years and that Terri's neurological condition was misrepresented at her January 2000 trial.

July 23, 2001 – Schiavo's attorney requested Judge Greer issue an order to immediately discontinue Terri's feeding before reviewing of any of the evidence.

August 7, 2001 – Judge Greer ignored all the evidence presented to him and ordered to have Terri's feeding stopped on August 28, 2001. In his written court order, he admitted he did not read six of the seven doctor's affidavits.

August 9, 2001 – Schiavo’s attorney plea to dismiss the Civil Lawsuit, charging Michael Schiavo with fraud and perjury, was reviewed at a hearing in Judge Schaefer’s civil courtroom. Judge Schaefer determined future hearings would be conducted to determine if the charges supported a jury trial and that Michael Schiavo’s deposition would not be required until after the hearing process.

August 10, 2001 – Attorney Crow filed a motion with Judge Greer requesting an expedited hearing regarding Michael Schiavo's improprieties while acting as Terri's legal guardian. A petition to have Michael Schiavo removed as Terri’s legal guardian accompanied this. Attorney Crow listed numerous Florida Statutes that Michael Schiavo had violated acting as Terri's legal guardian. Attorney Crow also filed a motion requesting a hearing to allow independent medical experts to have access to Terri. Judge Greer denied the motion and the request to conduct a hearing regarding this issue.

August 14, 2001 – Attorney Anderson filed a motion requesting Judge Greer to remove himself from Terri's case revealing that, because of severe eyesight problems, Judge Greer could not see Terri's trial videotape and neurological scans. Judge Greer denied the motion.

August 16, 2001 – Attorney Anderson announced she had filed a "Notice of Appeal" with the Second District Appellate Court.

August 17, 2001 – Judge Greer granted Terri a "stay of execution" until October 9, 2001 to allow Terri "due process of the law" in filing an appeal with the Appellate Court.

August 20, 2001 – Schiavo's attorney filed with the Appellate Court to negate Greer's October 9 'stay' and have Terri's nutrition and hydration feeding terminated immediately.

August 22, 2001 – Attorney Pat Anderson files motion stating that Schiavo’s attorney is attempting to "trick the court" into permitting Terri's death before the Appellate Court has an opportunity to hear evidence.

September 26, 2001 – A three-member panel consisting of Judges Jerry Parker, Chris Altenbernd and John Blue presided at the Appellate Court "oral argument hearing." The core of the appeal is that Judge Greer did not follow the Appellate Court's July 11, 2001 instructions. Judge Greer admitted he ignored the doctors sworn opinions and summarily rejected additional evidence that unmistakably proved Michael Schiavo lied to the court at the original trial. Rather, Judge Greer ordered Terri's feeding to be withdrawn on Oct. 9.

October 1, 2001 – A hearing was conducted in Judge Greer's Courtroom regarding Terri's visitation and videotaping. Judge Greer agreed to allow Terri's sister (Suzanne) and brother (Bobby) to visit Terri based on a negotiated arrangement, which contained rigid restrictions. Also, Judge Greer and Schiavo's attorney gave permission to take memorializing videotape or still photographs of Terri with restrictions, while giving copyright protection to Michael Schiavo.

October 3, 2001 – The Appellate Court issued an "indefinite stay" maintaining Terri's nutritional feeding until they issue any further order regarding her case.

October 17, 2001 – The Appellate Court issued a ruling, which will allow five doctors to examine Terri. The court's decision authorizes the doctors to only conduct diagnostic tests in order to determine if Terri's condition can be treated. At the culmination of this process, an evidentiary hearing will be held in Judge Greer's courtroom to determine Terri's fate.

October 23, 2001 – Michael Schiavo’s attorney requested a rehearing in an attempt to reverse the Appellate Courts, October 17 decision allowing Terri to be examined.

November 1, 2001 – The Court of Appeals denied Schiavo's rehearing motion.

November 16, 2001 – Prior to a Judge Greer scheduled case management hearing to establish procedures and time frames for Terri's neurological evaluation, Schiavo's attorney suggested negotiating the medical segment of Terri's case with a mediator.

December 19, 2001 – In an all day attempt to mediate an agreed upon solution to Terri's evaluation, retired Judge Horace Andrews acted as a mediator.

January 18, 2002 – A hearing was conducted in Judge Greer’s court after all attempts to achieve a mediated agreement with Schiavo’s attorney were unsuccessful. Judge Greer established a time schedule for Terri’s evaluation. Attorney Anderson, convinced Judge Greer that Terri's medical condition was an important prerequisite in arriving at Terri’s true neurological status. Judge Greer finally will allow Terri to have a full medical examination in February 2002.

January 25, 2002 – An evidentiary hearing was scheduled to examine if Michael Schiavo has discharged his statutory duties as Terri's guardian. The hearing was scheduled after Attorney Anderson revealed Schiavo’s guardianship reports were in breach of the Florida Guardianship Laws, some with as many as a dozen violations. Attorney Anderson had subpoenaed Michael Schiavo, along with a number of others to testify at this hearing. Schiavo's attorneys requested that Judge Greer cancel the hearing on the promise that Michael Schiavo would submit a new guardianship plan. Judge Greer postponed the hearing.

February 7, 2002 – Schiavo's attorney filed an appeal with the Florida Supreme Court to overturn the Appellate Court's October 17, 2001 ruling, which ordered five doctors to conduct diagnostic tests to determine if Terri's condition can be treated.

February 14, 2002 – The Florida Supreme Court issued a "hold" until they could review Terri's case. Their action could delay the medical scheduling arrangements that Judge Greer established for Terri's doctor examinations.

March 14, 2002 – The Florida Supreme Court denied Michael Schiavo’s appeal.

April 5, 2002 – At a hearing conducted by Judge Schaefer, Schiavo’s attorney requested dismissal of two charges filed against Michael Schiavo in the May 7, 2001 civil lawsuit. Judge Schaefer directed Attorney Anderson to re file her brief in greater detail before any decision can be made to dismiss the charges.

April 24, 2002 – Judge Greer conducted a hearing in his chambers and authorized Schiavo’s attorney to continue using Terri's medical fund money to underwrite the doctor fees ($450/hour) in Terri's upcoming neurological evaluation. Judge Greer indicated he would select the fifth doctor to examine Terri.

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