Florida Legislative Committee Hears Pro-Life Terri Schiavo-Related Bill

LifeNews.com ^ | February 4, 2004 | Steven Ertelt

[nickcarraway]

Tallahassee, FL (LifeNews.com) -- Under pro-life legislation considering by a Florida legislative panel, people in a comatose state or incapacitated by injuries, such as Terri Schiavo, would be allowed to receive nutrition regardless of whether or not a family member wants to end their life.

The bill would make it more difficult to remove the feeding tubes from incapacitated patients that do not leave advance directives asking that they receive lifesaving medical treatment.

Rep. Jeff Kottkamp (R-Cape Coral) proposed the legislation which allows food and fluids to be given to those who can't speak for themselves, such as Terri Schiavo. It requires courts to presume that incapacitated patients would not want to be denied lifesaving medical care even though they had not stated their treatment preference in advance.

The House Judiciary Committee considered the bill Tuesday, but did not take a vote on it. A vote could take place during the coming weeks.

Bob Schindler Jr., Terri Schiavo's brother, testified in favor of the bill. He said his sister deserves medical care and rehabilitation and has almost been killed on a few occasions.

"What the courts were doing to my sister was simply murder," Schindler said, according to an Associated Press report.

Opponents of the bill said it was wrong not to allow family members to make decisions for their loved ones -- even if it meant taking a life.

"If a parent wanted to end the suffering of a child ... we would essentially be forcing parents to not intervene," said Rep. Dan Gelber, D-Miami Beach.

"This is one of the grossest intrusions of government into the private lives of individuals that I've seen," added Rep. Curtis Richardson, D-Tallahassee, who indicated he would likely oppose the bill.

But Kottkamp said those who wish to not have extra medical care given to them should say so in an advanced directive. If not, we should "err on the side of life," Kottkamp said.

Pro-life advocates who are monitoring Terri's case say the law would help her and others in similar circumstances.

Should the courts find Terri's Law unconstitutional, Terri will likely be left without protection from Michael's legal motion to remove her feeding tube for a third time. The bill would prohibit the courts from granting that motion.

Related web sites:

Florida House Judiciary Committee -

http://www.myfloridahouse.com/committees_detail.aspx?id=2128

Terri Schiavo's family - http://www.terrisfight.org

[nickcarraway]

ping

[cyn]

Thanks for the ping -- glad to read about this hearing. Will try to email the recalcitrant reps (using my TERRI labels!, of course! ) before I have to leave. I'm looking forward to hearing from any who may have been able to attend. I'm glad Bobby was there to testify.

"What the courts were doing to my sister was simply murder," Schindler said. -- that's just what an area neurologist MD/PhD who'd worked with the Schindlers told me, too. Too bad the lawyers and judges don't get it.

[GodBlessUSA]

Praying for Terri's bill to pass!

[tutstar]

bttt

[supercat]

I think this bill might be going too far, at least as a single step. I also think there are some other critical issues in a case like Terri's which are quite separate from feeding/hydration.

For example, there is something fundamentally wrong with the notion that someone should have sole guardianship of a wife against whom he is committing open adultery. Even if Michael weren't trying to overtly kill Terri but were merely trying to hasten her demise, it would still be wrong for him to be allowed to do so. Currently Florida statutes provide that one who has been convicted of lewd and lacivious cohabitation shall be deemed unfit for guardianship, but since such convictions basically never happen that provision is moot. IMHO, there should be a provision that a person shall not be a guardian of an incapacitated spouse against whom that person has committed adultery either less than three years prior to incapacitation, or at any time since.

Otherwise, with regard to the feeding/hydration issue, one question I think needs to be addressed is the issue of who should be obligated to care for PVS or severely brain-damaged people, if nobody volunteers for the job. I think it's pretty clear that if somebody wants to volunteer to provide care for someone, it is wrong for someone else to be able to forbid that any care be given, but what if there is nobody to volunteer?

I would think that one should first focus on cases like Terri's in which there are willing caregivers and someone trying to actively block them, before pushing on to insist that all people in such condition be kept alive indefinitely even if there's nobody to care for them. The latter may come, but the former first.

Of course, as noted before, the most critical issue--even when not the most urgent--is that people may be stuck with guardians who decidedly do not have their best interest at heart. Solve that problem, and the other issues become largely moot. Fail to solve that problem, and the other issues will still be largely moot.

[KDubRN]

For example, there is something fundamentally wrong with the notion that someone should have sole guardianship of a wife against whom he is committing open adultery. Even if Michael weren't trying to overtly kill Terri but were merely trying to hasten her demise, it would still be wrong for him to be allowed to do so. Currently Florida statutes provide that one who has been convicted of lewd and lacivious cohabitation shall be deemed unfit for guardianship, but since such convictions basically never happen that provision is moot. IMHO, there should be a provision that a person shall not be a guardian of an incapacitated spouse against whom that person has committed adultery either less than three years prior to incapacitation, or at any time since.

Try convincing the sixth circuit of that. Two GAL's dismissed. Motions repeatedly denied for Terri. Where is the justice?

[phenn]

Vigils Begin Again for Terri

On Saturday, February 7, 2004, Colleen Clobes and Miro Kovacevich will be in Clearwater, Florida to hold vigil with the supporters of Terri Schindler-Schiavo.

At 10.00 am, vigil goers are anticipated to meet at the corner of US Highway 19 and Drew Street in Clearwater. The site is the well-known affirmation or image of the Holy Mother Mary. Supporters will then walk to Park Place Assisted Living Facility, three block away, while saying rosary. Park Place is Terri's current residence.

We hope that everyone, regardless of their denomination, will join with us for a morning of reflection and solidarity.

The Terri Schindler-Schiavo Foundation has learned that area Catholic supporters of Terri are planning to hold vigil throughout the entire observance of Lent.

You can read more about Clobes and Kovacevich's amazing journey here.

DATE: FEB. 7, 2004
TIME: 10 AM
PLACE: IMAGE OF MARY AT DREW AND US 19, CLEARWATER

More information on http://www.terrisfight.org

[WestPointKid]

So, is this a first step to doing away with living wills? What if Terri had said in writing (as her husband claims she told him) that she didn't want to be kept alive in this condition?

[WestPointKid]

So, is this a first step to doing away with living wills? What if Terri had said in writing (as her husband claims she told him) that she didn't want to be kept alive in this condition?

[phenn]

Terri is not in a coma. She is brain-damaged and has been denied the therapy she needs to improve and/or recover.

I can see your concern, however. It is my hope that the bill will be honed a bit more, else it won't be passed.

There are some things to consider, though and I hope you'll give them just a think. People in comas sometimes recover. Fully. People who are in 'persistent vegetative state' also recover and recall everything they heard, felt and saw. PVS is misdiagnosed 43% of the time, according to American medical journals. Some patients with brain damage or cerebral palsy become so paralyzed by their condition that they cannot speak or move. Yet, they are still entirely aware.

Having said that, the death that occurs when a g-tube is removed is not the euphoric starvation death some may think it is. The patient dies of dehydration and what their body goes through is nothing short of grizzly.

What we don't want to see is an estranged spouse or child having absolute power over the life and death of a vulnerable person. Instead, they should have the freedom as well as the responsibility to make choices for themselves.

Until and unless Florida lawmakers strike down the statute that calls food and water 'life support', this is the best protection an individual can have.

We may not always like it, but we have an obligation to our fellow man/woman to provide the humane care they require. Food and water are part of that. The way they are delivered should never be a question. It if is, the next thing you know, people being spoon-fed will be next.

[supercat]

Until and unless Florida lawmakers strike down the statute that calls food and water 'life support', this is the best protection an individual can have.

Another thing that needs to be noted is that the function of food and water is to maintain an adequate nutritional and hydrational state; they should not be deemed "futile" unless they are unnecessary or ineffective at meeting that purpose. (Example 1: patient dying of cancer, and adequately fed/hydrated: food/water need not be administered unless/until they show signs of no longer being adequately fed/hydrated. Example 2: patient has ruptured stomach; administering food/water via g-tube would be ineffective).

[HiTech RedNeck]

"This is one of the grossest intrusions of government into the private lives of individuals that I've seen," added Rep. Curtis Richardson, D-Tallahassee

And yeah, Rep. Richardson, this is one of the grossest hyperboles I've ever seen. Halting feeding was illegal for years, and by and large even the Demonrats weren't whining about this "gross intrusion." Guess they were too enrapt defending their precious abortion rights to notice.

[pollywog]

Praying and hoping for a miracle with this bill.

[phenn]

Lawmakers Intrude Into Family Privacy
http://www.theledger.com/apps/pbcs.dll/article?AID=/20040206/NEWS/402060311/1036

>>"The fact is that we have a system in Florida that has worked well for the past 12 years," George Felos, attorney for Michael Schiavo, told reporters this week. "Because of the notoriety of the Schiavo case, which is one isolated case out of tens of thousands over the years, I think the Legislature is politically motivated to look like they are doing something. But I think it makes bad policy and it is not good sense."<<

Yet another unsigned editorial piece.

Letters to the editor: voice@theledger.com
Gary Greene News Editor (863) 802-7546
Lyle McBride Features Editor (863) 802-7505