Posted on 03/10/2005 12:22:56 PM PST by amdgmary
TAMPA, Fla. (AP) -- A judge ruled Thursday that the state's social services agency cannot delay the removal of the feeding tube keeping brain-damaged Terri Schiavo alive.
The Department of Children & Families had asked for a 60-day delay in the removal of the feeding tube, now scheduled March 18. The agency said it wanted time to investigate allegations of abuse and neglect by the woman's husband, Michael Schiavo.
But Circuit Judge George W. Greer ruled that the agency's attempt to get involved at this point was inappropriate and "appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."
Michael Schiavo's attorney had criticized the last-minute attempt by DCF to get involved, saying that it was engineered by Gov. Jeb Bush and others in the state government who support the plight of her parents who are trying to keep her alive.
Advertisement
Michael Schiavo has gotten a court order to remove the feeding tube, contending that his wife told him she wouldn't want to be kept alive artificially. A 1990 heart attack cut off oxygen to her brain for five minutes, leaving her in what the court has ruled is a vegetative state with no consciousness. She breathes on her own but depends on a tube in her abdomen for food and water.
But her parents doubt she had those end-of-life wishes and are trying to block removal of the feeding tube.
The judge's ruling was another major blow to Bob and Mary Schindler, who have fought their son-in-law in court for nearly seven years over their daughter's fate. They dispute that she is in a persistent vegetative state, saying she laughs, cries, interacts with them and tries to speak when they visit her at her hospice.
The DCF said it wanted to investigate accusations against Miachel Schiavo - who is her legal guaridan - that included denying his wife some medical treatment and therapy, isolating her in her room with the blinds closed, failing to fix her broken wheelchair and failing to file timely guardianship plans.
In his order, Greer noted that those and many other allegations have been investigated in the past and failed to yield any evidence of abuse and neglect by Michael Schiavo.
Other than trying to appeal judge's decisions that have gone against them this week, the Schindlers will look again to the state Legislature and perhaps the U.S. Congress for help. Both bodies have bills in the works that lawmakers say could save Terri Schiavo's life.
In Tallahassee Wednesday, a House committee approved a bill requiring doctors to provide nutrition and hydration to incapacitated patients who didn't leave an advance directive. It still needs approval from two more committees before facing the full House.
Bush, who has said he would do anything within his power to save Terri Schiavo, supports the bill.
The governor in October 2003 pushed a law through the Legislature authorizing him to resume the woman's artificial feedings six days after the court stopped them. The law subsequently was ruled unconstitutional by the state Supreme Court.
On Tuesday, U.S. Rep. Dave Weldon and U.S. Sen. Mel Martinez, both Florida Republicans, introduced legislation in Washington that could give the Schindlers access to federal courts in the effort to save their daughter's life. Their bill requires that incapacitated people who don't leave advance directives have attorneys appointed to give the case a full review before artificial life support is terminated.
Greer has a history of being a male chauvinist pig. For one thing, he refers to Terri as a GIRL. He and Michael Schiavo and that Felos book-peddling fellow think Terri is their own personal property to be disposed of when, how and where they see fit.
Just the fact that Greer is letting Michael Schiavo cremate Terri and dumping her remains in PENNSYLVANIA is all I need to know to prove their disgusting attitude toward women. Even in death, they want to CONTROL Terri and her parents.
http://www.terrisfight.org
Keep the posts and photos coming, FReeper pal. Greer is no better than one of those Nazi doctors who experimented on the innocent.
This case seems to be about one judge's INTERPRETATION of the law, not so much as the law itself.
Because the good citizens of Pineaals County re-elected him by a big majority.
He is the type of individual they want passing judgment on them.
so by definition, we are all on "life prolonging procedures"?
After my brother had a heart attack he received therapy to help him swallow - not electrical. If I remember correctly, he had to bite down on something. He recovered completely, including swallowing, and is doing fine. From what I understand, Terri never received any therapy whatsoever. And she should have received therapy. The so-called husband never allowed it. In my opinion, if Terri is allowed to die horrible death, this becomes a criminal matter.
After my brother had a heart attack he received therapy to help him swallow - not electrical. If I remember correctly, he had to bite down on something over and over. He recovered completely, including swallowing, and is doing fine. From what I understand, Terri never received any therapy whatsoever. And she should have received therapy. The so-called husband never allowed it. In my opinion, if Terri is allowed to die horrible death, this becomes a criminal matter.
Is it true that Greer and the 2 court of appeal judges who backed him up are all Republicans? I'm a registered Republican, but you won't see me praising politicians - or judges - just because they're Republicans. I've taken a lot of flack on FR for daring to challenge policies put forward by Republicans that could have been put forward by Democrats, they're so bad. I'll continue to be independent in my analysis, not a kool-aid republican.
That would be air. Her lungs artificially exchange CO2 and oxygen as they breathe in air for her. If her lungs were removed she would simply die on her own, so they must be artificial life support. (Hey, that means George "I-Am-God" Greer is on artificial life support. Somebody hand me one of those Demand-to-Kill-the-Useless-Eaters forms!)
Thanks. I've seen that one. Most impressive.
Thanks for the heads-up. ;)
As far as the judicial system is concerned, it is a fact that Terri is in a persistent vegetative state. It's no longer disputable in the eyes of the law (caveat later).
Here's what the appeals court said about the ruling by Greer that Terri is in a PVS in their 2001 opinion.
The evidence is overwhelming that Theresa is in a permanent or persistent vegetative state. It is important to understand that a persistent vegetative state is not simply a coma. [FN1] She is not asleep. She has cycles of apparent wakefulness and apparent sleep without any cognition or awareness. As she breathes, she often makes moaning sounds. Theresa has severe contractures of her hands, elbows, knees, and feet.FN1. For more extensive discussions of persistent vegetative state, see Dorothy J. McNoble, The Cruzan Decision--A Surgeon's Perspective, 20 Mem. St. U.L.Rev. 569, 610 n. 3 (1990); John B. Oldershaw, M.D., J.D., et al., Persistent Vegetative State: Medical, Religious, Economic and Legal Perspectives, 1 DePaul J. Health Care L. 495-536 (1997).
Over the span of this last decade, Theresa's brain has deteriorated because of the lack of oxygen it suffered at the time of the heart attack. By mid 1996, the CAT scans of her brain showed a severely abnormal structure. At this point, much of her cerebral cortex is simply gone and has been replaced by cerebral spinal fluid. Medicine cannot cure this condition. Unless an act of God, a true miracle, were to recreate her brain, Theresa will always remain in an unconscious, reflexive state, totally dependent upon others to feed her and care for her most private needs. She could remain in this state for many years.
My caveat is as follows: new evidence can be introduced at a later date which wasn't available to the court when it made its initial finding of fact that could cause it to reconsider its earlier finding. The question is whether new tests on Terry, not available earlier might show a different result.
I'd support doing that, although I'm rather pessimistic that they would show a significantly different result. Your brain can atrophy, but it's no good at growing back. Still, it couldn't hurt to check one last time.
Drawing an analogy to a criminal case, though, you can't keep postponing the conclusion of a trial for just one more ballistics test over and over again. That's the obstacle Terri and the Schindlers face.
No. We were talking about her cortex. Changing the subject won't work.
What you're missing is that physicians have testified in Greer's court that Terri is PVS. Greer has obviously chosen to believe those physicians. It would be a different story, and you'd have a leg to stand on if Greer himself, unaided by medical expertise had declared her pvs.
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.