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To: Callahan

Is there a law against murder in Florida? If so, it should take precedence.


6 posted on 03/24/2005 10:59:21 PM PST by Aussie Dasher (Stop Hillary - PEGGY NOONAN '08)
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To: Aussie Dasher
Is there a law against murder in Florida?

The state of legal and medical ethics in this country is out there for all to see. Legally, technically, this is not even suicide, per Florida statute.

If Terri had a living will, she would have been starved to death years ago, as the court would construe the language of the living will as the patient's wishes to go without food and water, if it is "artificailly provided" (whatever that might mean is beyond me, "virtual food" maybe).

(10) "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration ...

765.303 Suggested form of a living will.

Declaration made this _____ day of _____, (year) , I, __________, willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below, and I do hereby declare that, if at any time I am incapacitated and

(initial) I have a terminal condition
or (initial) I have an end-stage condition
or (initial) I am in a persistent vegetative state

and if my attending or treating physician and another consulting physician have determined that there is no reasonable medical probability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.

That language is construed as permission to remove a feeding tube from an otherwise healthy, but PVS, terminal, or end-stage patient. Despite the "natural" reading of the "contract."

765.309 Mercy killing or 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 or omission to end 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.

Chapter 765, Florida Statutes 2004 <-- Link
96 posted on 03/25/2005 3:45:26 AM PST by Cboldt
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