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To: TigersEye; Jim Robinson
TigersEye, thanks for the reference to Florida law regarding euthanasia.

As I've previously stated, we need to face the truth about euthanasia squarely. What happened in the Schiavo case is not unique. Removal of feeding tubes and other life-sustaining measures is quite common. All of it is euthanasia by omission, even if our lawmakers, judges, and even we, ourselves, do not want to face that truth.

As I also stated in the part of my post you quoted, euthanasia is illegal in most states. If the lawyers for the Schindlers had argued this point -- that removal of Terri's feeding tube was euthanasia, which is illegal under Florida statute -- they would have had a stronger case, in my opinion. In fact, it is at least possible that the U.S. Supreme Court might have heard the case on that basis, depending on how the lower courts ruled.

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Jim, if you would only exercise the leadership necessary to encourage everyone to climb down from the overheated rhetoric being tossed about here lately, perhaps we could all examine the wider issues highlighted by the Schiavo case with cool heads and clear eyes.

The Schindlers' lawyers made a lot of mistakes in their handling of this case. In my opinion, the breathtakingly overheated rhetoric seen here on FR and elsewhere in conservative and religious circles over this case has only compounded their errors.

There is much that can be done to ensure that Terri Schiavo did not die in vain. But we can't do anything positive if we are unnecessarily at each other's throats. Jim, you have an opportunity to step up to the plate here and become not just a nice man who started an interesting website, but a great man who will have done something extraordinary by leading people to examine ALL the lessons of the Schiavo case.

404 posted on 04/06/2005 10:41:44 AM PDT by Wolfstar (If you can lead, do it. If you can't, follow. If you can't do either, become a Democrat.)
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To: Wolfstar
If the lawyers for the Schindlers had argued this point -- that removal of Terri's feeding tube was euthanasia, which is illegal under Florida statute -- they would have had a stronger case, in my opinion.

Don't think that they didn't. Food and hydration can't be removed, by FL statute, unless the patient is terminal or PVS. PVS is defined by FL statute for legal purposes. None of the multitudinous vague medical definitions of PVS have legal standing. A doctor (or anyone else) should be testifying as to whether a patient fits the legal criteria.

The Schindlers had poor legal representation, that is true. But that doesn't account for the completely one-sided acceptance, by Judge Greer, of testimony presented by Schiavo/Felos and near 100% rejection of testimony presented by the Schindlers attorneys. They had numerous doctors of greater reputation who spent far more time with Terri and her records who disputed the PVS diagnosis but their testimony was ruled inadmissable.

Greer accepted what he wanted, as is his prerogative, but what he accepted is contrary to FL law by any standard of reason.

765.101 Definitions.--As used in this chapter:

(12) "Persistent vegetative state" means a permanent and irreversible condition of unconsciousness in which there is: (a) The absence of voluntary action or cognitive behavior of any kind. (b) An inability to communicate or interact purposefully with the environment.

You've seen video of Terri and you know what the word unconsciousness means. Conditions (a) and (b) don't even come into play if the patient doesn't fit the opening criteria here.

A brain damaged but otherwise healthy woman was starved and dehydrated to death by the order of one judge who actively obstructed everything that might call his judgment and authority into question.

416 posted on 04/07/2005 7:03:13 AM PDT by TigersEye (Are your parents Pro-Choice? I guess you got lucky! ... Is your spouse?)
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