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Something pretty for Terri & us -- sweetliberty's flowers!
Posted on 12/04/2003 3:31:09 PM PST by sweetliberty
4/99 issue of "Elder Update", the newsletter for the FL Dept. of Elder Affairs. This is a portion of a column by Gema Hernandez, the DOEA secretary, on the 1999 legislative session:
One HAS to wonder what (if?) those legislators were thinking! Does anyone know the history? We know that Felos petitioned to have Terris feeding removed in 5/98, ie PRIOR to this bill being filed.pg 20 “Bills on the fast track at press time”
In the area of advance directives, HB 2131 and its companion bill CS/SB2228, would eliminate the current requirement that persons who have made advance directives or designated a health care surrogate be terminally ill before life-prolonging procedures could be removed. Civil liability protection would be extended to health care facilities and staff who honor do-not-resuscitate orders (DNROs).
What changes have occurred in the FL house and senate since '99 to the current legislature that PASSED Terri's law (essentially trying to undue their 4/99 bill)? THIS is Sen. Kings legacy??
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Something pretty for Terri & us -- sweetliberty's flowers!
"WHY DOES THIS COURT OBJECT to the legislature changing laws in 2003 affecting an active case (to SAVE Terri)...
BUT the SAME COURTS WELCOMED the legislature changing laws in 1999 affecting this SAME ACTIVE case (to DESTROY Terri)?
Why, indeed?
ArgumentTerri does not have a terminal ilneess, is not brain dead, and is not comatose. Other than some future intervening illness or accident, it is only lack of food and water that would cause her death. She is in a persistent vegetative state ("PVS"), which in itself will not cause her death. [NOTE: that Terri is PVS is disputed by physicians]
Florida law defines PVS separately from terminal illness . . . However, the state court inexplicably concluded that Terri is “terminal,” [RIGHT! and wrongly placed her in hospice care!] Schindler v. Schiavo (In re: Guardianship of Schiavo) 792 So. 2d 551, 560 (Fla. 2d DCA 2001) (Schiavo 11) The fact that she is unable to give herself nourishment is not a symptom of a dying body; it is the result of severe injury and disability.
First, Petitioners falsely insinuate that the ward “left no advance directive,” which is defined in Section 765.101(1), Florida Statutes. To the contrary, the ward’s advance directives “gave the trial court a sufficient basis to make this decision for her.” [I'm curious -- does that section really allow hearsay?]Well, it's past my bedtime. Goodnight, fv!AND
"Second, lack of cognition is not a prerequisite for withdrawal of life-prolonging procedures when there are no advance directives. Section 765.401(3), Florida Statutes, provides that absent evidence of patient intent, such medical procedures can be withheld or withdrawn when that decision is in the “patient’s best interest.” That statute by reference to Section 765.305, allows such decisions to be made for patients who are in “end-stage” or “terminal” conditions [BUT Terri is NOT terminal, of course] (765.305(2)(b)), said conditions not defined by lack of cognition (765.101(4) and (17)).
His website:
Press Release - new papers filed in Terri Schiavo case
And not just any hearsay, but hearsay of statements that are at best ambiguous (Karen Ann Quinlan's ventilator was removed, but she lived for many more years; Terri's statement in reference to Karen Ann's situation that she wouldn't want to be supported artificially (assuming she ever made any) could be taken as a desire to be allowed to survive on her own at least as well as they could be taken as a desire to be killed.)
765.101 Definitions.--As used in this chapter:But as you pointed out, it is the QUALITY of that evidence, the (un)reliability of those who gave it, and the fact that Terri made opposite comments to friends.(1) "Advance directive" means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care...
There's more . . . but I'm not sure I accomplished anything novel or helpful after quite a while in the Florida statutes.
Finally I realized that (1)(a) our computer is really slow (b) we need a new computer (2) my head hurt (3) the ability to wade thru all that is probably genetic!
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