Posted on 10/25/2003 11:35:53 AM PDT by ambrose
Among the affidavits filed by the Schindlers, however, the most significant evidence comes from Dr. Fred Webber. Dr. Webber is an osteopathic physician practicing in Clearwater, Florida, who claims that Mrs. Schiavo is not in a persistent vegetative state and that she exhibits "purposeful reaction to her environment." He swore under oath as follows:
"Within the past year, I have treated patients with brain defects similar to Mrs. Schiavos. In most cases, using cardiovascular medication style of therapy, my patients have shown some improvement, although the degree of that improvement is variable. By "improvement" I mean cognitive and physical items such as speech recovery, enhanced speech clarity and complexity, release of contractures, and better awareness of the patients surroundings. In my opinion and judgment, based on my 26 years of practice, Mrs. Schiavo has a good opportunity to show some degree of improvement if treated with this type of therapy, although I cannot anticipate how much improvement."
The 2nd District Appeal Court remanded to the trial court to hold a medical evidentiary hearing. They made this move based on Webber's degree of specificity of predicted improvement of cognitve function.
Hammesfahr and Maxfield, the Schindlers' doctors, wouldn't back up his prediction of improved cognition. Hence, nothing near to a "preponderance of evidence" that Terri could expect improved cognition.
Please correct if I don't have the court's reasoning right.
Michael Schiavo's attorney claims that no such life insurance policy exists. This should not be a hard fact to determine definitively, one way or the other.
When Terri dies, there will be an autopsy regardless of whether she is cremated afterward.
It's very tempting to make arguments based on perceived motives of opponents, and most of us do that, but it's not really the best or most effective way to argue.
There have been too many articles which have stated that Terri's body is to be immediately cremated to doubt it.
As for MS's motives, I base my beliefs on what they are on the sworn testimony of Terri's nurses and her coworker. I don't see why they'd lie, and perjury is a serious offense (not that some don't commit it, I know) so I believe they are trustworthy witnesses.
If even 1/10th of what has been stated in the various articles (articles, not posts ) re: MS is true, he is a greedy, evil, selfish, abusive-well, let's just call him a HINO, like some freeper (no idea who) started. It fits!
That would seem to be enough to induce some fear into Mikey.
She might not ever recover to the point of being able to testify or be deposed, but what if Terri partially recovers and Mikey walks into the room with Jodi, only to see Terri recoil from him in total fear? That would put a damper on the Mike-Jodi relationship, don't you think?
I want Terri to live, but wouldn't it be ironic if there IS a $700,000-1.5 million dollar life insurance policy out there (those are the figures I've seen )-and the company refused to pay out ? No idea if they could do so barring an actual conviction (Can a life insurance payout be denied based on suspicion, like for arson and homeowner's insurance? ) but if so, that would leave MS with less than $50,000 dollars...The malpractice suit money that was to have gone for Terr's therapy, and instead went into Felos' pocket. And I'm sure that sumis being decreased daily, unless Felos is doing this out of the (gag!) kindness of his heart, pro bono.
If Terri holds out for a few more months, and there is NO insurance policy : Poor Jodi and Mikey could wind up broke. Gee, that would be sad.
A couple of nights ago, someone posted the Florida State Code which controls this issue, and unless it was a total fraud (I didn't check the source link), an autopsy is absolutely mandatory in this kind of situation.
It doesn't matter what Michael thinks, and again, we're ascribing motives to him that may or may not be there or even relevant.
If he wanted to avoid an autopsy, asking for a cremation would not accomplish that.
Yeah. This is one argument I've seen on these threads that I cannot understand. Do people assume that bodies to be cremated aren't autopsied? Or is that the assumption? I can't imagine that her body wouldn't be autopsied.
Where does the idea of her body's not being autopsied come from? Where did this information come from, and why?
Like a bonfire in his back yard or something? C'mon. Have you ever had the body of a loved one cremated? Also, I cannot believe that the body would not be autopsied, and I believe there are laws in Florida to that effect in cases such as this one. There is so much ethical, scientific, and legal interest in the case that it would be a big stretch to think that it would not happen.
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406.11 Examinations, investigations, and autopsies.-- (1) In any of the following circumstances involving the death of a human being, the medical examiner of the district in which the death occurred or the body was found shall determine the cause of death and shall, for that purpose, make or have performed such examinations, investigations, and autopsies as he or she shall deem necessary or as shall be requested by the state attorney: (a) When any person dies in the state: 1. Of criminal violence. 2. By accident. 3. By suicide. 4. Suddenly, when in apparent good health. 5. Unattended by a practicing physician or other recognized practitioner. 6. In any prison or penal institution. 7. In police custody. 8. In any suspicious or unusual circumstance. 9. By criminal abortion. 10. By poison. 11. By disease constituting a threat to public health. 12. By disease, injury, or toxic agent resulting from employment. (b) When a dead body is brought into the state without proper medical certification. (c) When a body is to be cremated, dissected, or buried at sea. |
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Oh yeah, I'm sure Michael really loves her and is so concerned. But, I betcha he's much more concerned about his fiance, their child and the baby on the way. What a concept, huh?
Thank you jwalsh! Excellent point..........
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