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To: Peach
Peach, I think you shouldn't use the term "hooked up to machines." While a feeding tube is by the Florida definition equated with a ventilator, most people don't consider the feeding tube in the same category as wires, ventilators, and IV's. It is not a machine.

Personally, I think that this country has the obligation to decide what we as a people think is acceptable, and it shouldn't be decided by the odd judge here or there.

493 posted on 03/22/2005 5:11:14 PM PST by Miss Marple
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To: Miss Marple

Miss Marple, I understand the point. However, the State of Florida, and a lot of other states consider feeding tubes to be life saving measures.

I have come to realize that most freepers did not consider a feeding tube to be a life saving measure and so have been occasionally using that term to make a point.

I think a national conversation is a good idea about this matter. This kind of thing is rarely litigated in the courts. Senator Frist said the courts only see this 4-5 or 5-6 (I've forgotten) times a year. Of course, he was wrong about a few other things he said too so I don't know about the veracity of that statement.

But when we discuss this with people, let the national dialog be clear about what life saving measures are all about. Including the fact that our medical community and Medicaid cannot possibly sustain the cost of keeping people who have no quality of life alive indefinitely.


495 posted on 03/22/2005 5:17:12 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Miss Marple

Oops. And I see you knew that the Florida definition was equated with a ventilator.

I've had so many pings that I'm about read out, if you know what I mean.


496 posted on 03/22/2005 5:17:58 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Miss Marple
Some Florida Statutes that might interest you:

Florida Statues Prohibit Deliberate Acts to End Life

744.3215 Rights of persons determined incapacitated.--

Under that last heading:

(1) A person who has been determined to be incapacitated retains the right:

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.

(e) To have a qualified guardian.

(i) To receive necessary services and rehabilitation.

(m) To receive visitors and communicate with others.

CHAPTER 825

ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS

825.101 Definitions.--As used in this chapter:

(4) "Disabled adult" means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person's ability to perform the normal activities of daily living.

(8) "Intimidation" means the communication by word or act to an elderly person or disabled adult that the elderly person or disabled adult will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence.

825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.--

(1) "Abuse of an elderly person or disabled adult" means:

(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or

(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) "Neglect of an elderly person or disabled adult" means: 1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or

Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.

(2)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Also:

765.309 Florida Statute: Mercy Killing of Euthanasia Not Authorized; Suicide Distinguished. -- (1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act of omission to end the life other than to permit the natural process of dying. (2) The withholding or withdrawal of life-prolonging procedures from a patient in accordance with any provision of this chapter does not, for any purpose, constitute a suicide.

Here is a nice long list of Judge Greer's illegal actions in this case.

502 posted on 03/22/2005 6:11:45 PM PST by TigersEye (Are your parents Pro-Choice? I guess you got lucky! ... Is your spouse?)
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