Posted on 10/28/2003 11:54:08 AM PST by nickcarraway
Exactly why over a million have finally woken up and are joining Terri's Fight for Life.
This fight may go all the way to the USSC.....we must stay the course & continue to speak out.
This is not a flame, per se, but just to add food for thought to those who have questions. Interesting that you mentioned legal definitions, because there is a wonderful link to the statutes of Florida where the definitions are given, and the law has been subverted in Terri's case. For instance,
(5) "Health care decision" means:
(a) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life-prolonging procedures.
(b) The decision to apply for private, public, government, or veterans' benefits to defray the cost of health care.
(c) The right of access to all records of the principal reasonably necessary for a health care surrogate to make decisions involving health care and to apply for benefits.
(d) The decision to make an anatomical gift pursuant to part X of chapter 732.
(9) "Informed consent" means consent voluntarily given by a person after a sufficient explanation and disclosure of the subject matter involved to enable that person to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedures, and to make a knowing health care decision without coercion or undue influence.
12) "Persistent vegetative state" means a permanent and irreversible condition of unconsciousness in which there is:
(a) The absence of voluntary action or cognitive behavior of any kind.
(b) An inability to communicate or interact purposefully with the environment.
Here's the link to the Florida Statutes, for your perusal and general edification. http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0765/ch0765.htm
I seriously doubt that Terri had any true informed consent when she was watching a movie with her husband where she supposedly exclaimed that she never wanted to be hooked up to tubes. She would have to have foreseen into the future a good ten years to have consented to removal of a feeding tube, as she collapsed before withdrawal of nutrition and hydration was written into the law at that time. (The law was amended in 1999 to include feeding tubes as extraordinary medical intervention).
I also believe that Terri does exhibit voluntary actions from time to time, and that would nullify the PVS contention that's argued by Mr. Felos.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.