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To: holdonnow

The courts etc etc etc didn't respect his wishes when this first happened ten years, so he was supposed to remain in his own vegetative state until she passes naturally?
If they had respected his rights from the very beginning his current situation wouldn't appear so unusual.


187 posted on 03/21/2005 1:12:26 PM PST by the herald (Freeeeeeeeeedom!)
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To: the herald
The courts etc etc etc didn't respect his wishes when this first happened ten years, so he was supposed to remain in his own vegetative state until she passes naturally? If they had respected his rights from the very beginning his current situation wouldn't appear so unusual.

There was no way a court could "respect his wishes when this first happened," as his wishes have changed over time.

First, the husband filed a medical malpractice lawsuit related to the care of his wife very early on in this process. As part of the settlement of that suit, the court awarded a sum of money (I believe it was somewhere in the range of $1 million) to help pay for her care. Here's something you don't hear very much about that case: the award was based on testimony from medical professionals who estimated that Terri would live for an additional 41 years from that point.

OK, so now Michael has this 41-year trust fund in place, and he immediately begins the legal process to have Terri's feeding tube removed. In the meantime, he goes out and shacks up with another woman and has two kids out of wedlock. The basic point of the legal challenges brought about by Terri's family is that Michael Schiavo no longer has any standing to make any decisions about his wife's medical care.

If nothing else, Terri should be assigned a lawyer to represent her own interests separate from Michael's. The first course of action for this lawyer would be to file for divorce on Terri's behalf -- with Michael's decision to openly commit adultery constituting irrefutable grounds for divorce. Step #2 would be to find another person or parties to serve as the executor of her affairs, depending on the laws of the State of Florida.

260 posted on 03/21/2005 1:39:19 PM PST by Alberta's Child (I ain't got a dime, but what I got is mine. I ain't rich, but lord I'm free.)
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