Posted on 02/17/2005 1:28:18 PM PST by phenn
CLEARWATER, Fla. (Reuters) - The parents of a brain-damaged Florida woman at the center of a right-to-die battle said on Thursday they would ask a court to order new medical tests before she is allowed to die.
Robert Schindler, the father of Theresa "Terri" Schiavo, said the tests should be done because of a recent study that found patients with brain damage may be more aware of their surroundings than doctors previously thought.
(Excerpt) Read more at olympics.reuters.com ...
Yes there is. This was in response to Terri's brother and sister trying to feed her some pudding in 2001.
“I don’t want anyone trying to feed that girl”, Greer thundered from the bench in 2001,“the law of the case is that she is going to die”
They were then promptly denied visitation rights.
Everybody dies. Modern medicine can delay it indefinately in some cases, even when the person should have passed. I watched all the clips of Terry posted on this thread. I'm not impressed by her progress. Every time I hear her name on the news, I tell my wife and kids that if I'm ever in that condition, no matter how difficult it may be, pull the feeding tube and don't listen to what anyone else has to say about it. And that's about the only positive thing to get out of her case... State your desires often and clearly so outsiders can't interfere with your life or death.
It is insane. I agree.
There is no statute authorizing the refusal of oral feeding and hydration so as to cause death. Unlike the feeding tube order which would have statutory authorization if the facts were as Greer claims them to be, Greer's order forbidding oral feeding and hydration is no more valid than if he signed an order compelling Jeb Bush to shoot Terri in the head with a 12 gauge.
If you were to strap a newborn baby in chair in a room with the blinds drawn, deny any feeding except via g-tube and forbid any exercise of the baby's limbs, you'd find that after ten years the baby was no more capable than Terri.
Tricky stuff.
The Connecticut courts ruled that this man had a right to due process and equal protection of law - which he does. The Florida courts have assumed that Terri Schiavo's due process rights are not valid because she cannot effectively interact with personal counsel and that her equal protection of law equates to a right to privacy that allows her to deny herself medical treatment.
The major problem in that, on the surface, is that denying oneself food and fluids when this happened to here would be nothing less than suicide under current law. The other major problem is that the testimony the court found to be 'clear and convincing' evidence of Ms. Schiavo's death wish was never even admissible.
So, the case is totally burdened with problems and nowhere in Florida's laws is an act of assisted suicide permitted (which is what this would be, in fact, if what the guardian states is true).
Bigotry runs a very hard course. We hate what we don't understand. Since most people don't understand life with a physical or cognitive disability, why not just hate the hell out of the person who has one?
That's really all this is. Get rid of the gimps. Bigotry in its purest form. Read up on T-4 to get more details of this concept.
Well, good for you! Terri never said that however. Sounds like a real fun time in your houshold telling your family "every time I hear her name..pull the feeding tube and don't listen to what anyone else has to say about it."
That is funny!
I would love to see George Bush create an Executive Order to turn her over to him and to have her taken care of at government expense. That would be a fabulous Executive Order. Does he have the authority to do it?
Great has been Your faithfulness and protection of this wounded woman these many years ... she has been sustained, not by man, but by You, O God. You have guarded the health and abilities of her mother and father and sister and brother ... many have been brought to their side by Your direction ... yet each day we see more clearly the evil that is upon her, and us. May our tears touch the heart of her Gentle Shepherd ... restore this wounded lamb to her family, O God. Restore us as a society who will minister to the least among us, for in serving them, we serve You. May it be thus, Merciful Father, may it be thus, in the Name of Jesus, we pray, Amen ...
Prove it. You know I am your side. The fact is he got away with it for at least for years now. Talk is cheap.
I think Michael's sister-in-law's statements were legally admissible, although I would think that an honest fact-finder would be skeptical of them.
His other order had statutory authorization, the statutes of which were posted here. If his order forbidding oral food and hydration is valid, it should be possible to cite a statute allowing it.
Note that before the gastrostomic feeding was stopped, Greer's order forbidding oral feeding and hydration might have been legally allowable on the basis that such attempts would pose certain health risks. Such a basis for prohibiting such feeding vanishes, however, if the patient has no other means of receiving food and water.
Excellent response. Thanks.
If they assume this is her wish, then you are exactly correct....assisted suicide.
I believe the feeding tube was pulled at the time. That is why they tried to feed her.
Judge Greer's standing order was filed long before the feeding tube was pulled, since if Terri were proven to be able to swallow that would remove any and all legal basis for killing her.
When he had the feeding tube pulled, he reiterated his demands, but that does not mean they were valid. I think Bush et al. were hoping that he could take action with the legislature rather than having to act unilaterally. I don't know for certain what he'd do if acting unilaterally was the only choice.
I don't think so. I think Terri got a stay. I will find out for sure when I get on my other computer tomorrow. I am sure I bookmarked this.
"If you were to strap a newborn baby in chair in a room with the blinds drawn..."
No doubt you are correct, but I am not a newborn baby. I'm 42 years old, married for 18 years, raised three children into their teens (so far) and that is my point of reference, not that of an infant. My choice, were I in Terry's condition, would be to pull the tube... and I pray my wife wouldn't take ten years to make the decision.
You had better put that in writing then. Because when you are crying out in pain for food, she will want to know that you don't mean it!!!!!!!!!!!
But you are not Terri, and she never said any such thing.
Don't know where the show is going, but tonight's ER is following a woman who had a stroke and is in the ER getting treatment. She is about to go on the respirator. The key is that we her her narration and she is totally lucid wondering why no one can hear her, why she can't feel her extremities (only left side working). You can't help but draw a parallel to "Hello, it's ME in here!" Maybe this will help with the education of the public about Terri's situation even if it isn't a parallel.
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