Posted on 04/07/2005 8:16:31 AM PDT by amdgmary
Judge George Greer, the Florida county jurist at the center of the Terri Schiavo case, ruled against a woman who was fighting to keep her husband alive in 2000.
While Greer has ruled consistently with husband Michael Schiavo, who seeks to terminate his wife's life by depriving of her of food and water, the parallel case suggests the judge may have a predisposition to removal of any life-support devices rather than an inclination toward the legal guardian.
The 2000 case heard by Greer involved the life of St. Petersburg lawyer Blair Clark, a University of South Florida professor. After suffering a heart attack Sept. 9, 2000, his children, who stood to inherit much of his estate, claimed they wanted to honor his wishes to remove him from a ventilator and feeding tube and allow him to die. His wife, Ping, however, believed his condition could improve with therapy and claimed only one month later treatments had not been given enough time.
Unlike Terri Schiavo, Blair Clark, 58, had a living will, which stated: "If the situation should arise in which there is no reasonable expectation of my recovery from severe physical or mental disability, I request that I be allowed to die and that life-prolonging procedures not be provided."
However, his wife believed there was still a reasonable expectation of recovery.
"His living will did not say, 'Don't save me, just let me die,'" his wife pleaded. "They want to kill Blair and I don't know why. I want to ask, 'What's the rush?' I'm the only one who wants to save him. Every time I say yes, they say no. I had to go to court to give him blood."
But on Oct. 24, 2000, Greer ruled in favor of the children and against the wishes of the wife, ordering all mechanical ventilation and intravenous nutrition stopped.
Ping Clark, of Chinese descent, argued that four days of Chinese herbal medicine and acupuncture treatments had showed promise. She asked only for 30 more days of ventilator support and treatments.
Clark relied heavily on the opinion of neurologists, some of whom claimed Clark's chances of recovery were no greater than one in a thousand.
"If you love somebody, one in 1,000 is a chance worth taking, argued Dennis Rogers, Ping Clark's attorney.
After the ruling, Clark's wife was distraught and couldn't bear to visit the hospital to watch him die.
"I cannot see him die," she cried. "I know how much he wants to live. They'll be guilty their whole lives for killing Blair Clark."
Clark died a week after the ruling, Oct. 31, 2000.
Schiavo's feeding tube was removed Friday by order of Greer at the request of her estranged husband, Michael Schiavo, who contends Terri had expressed a wish to not live under her present condition. Parents Robert and Mary Schindler dispute the court's finding that their daughter is in a "persistent vegetative state," citing numerous physicians who believe she is responsive and could benefit from therapy.
Since Terri's case came to light, all we've heard about is how this could have all been avoided by having a living will. However, if the living will is not specific as to times frames or many other circumstances, they could be fatal if that was not what the person in question really wanted.
This is why, IMHO, it is necessary to always err on the side of life when a written living will does not exist. If a person did not feel sure enough to sign one of these documents, then wouldn't it be reasonable that they doubted what they wanted for themselves?
Yup. In one case the guardian's rights supercede all no matter what. (FWIW FL law clearly says that that is not so.) In this case the clearly written power of attorney over medical decisions is brushed aside. In the first case numerous doctor's testimonies were judged inconsequential in this one they have been held as infallible.
***a good trade-off for financial gain***
i think this is the crux of all these disputes. If Daddy needs to be in the ICU for several weeks or months then the inheritance will be greatly reduced; why should we take the chance of loosing all that money?
I think someone should look into Greer's tax and bank records. It may be that some unexpected income was finding it's way into his hands.
I agree with you 100% on that one.
Bloody judge.
You make the error, not I. You need to apply the "reasonable man" standard. "One in a thousand" was found not to be reasonble.
Greer again ruled correctly.
765.102 Legislative findings and intent.--3) The Legislature recognizes that for some the administration of life-prolonging medical procedures may result in only a precarious and burdensome existence. In order to ensure that the rights and intentions of a person may be respected even after he or she is no longer able to participate actively in decisions concerning himself or herself, and to encourage communication among such patient, his or her family, and his or her physician, the Legislature declares that the laws of this state recognize the right of a competent adult to make an advance directive instructing his or her physician to provide, withhold, or withdraw life-prolonging procedures, or to designate another to make the treatment decision for him or her in the event that such person should become incapacitated and unable to personally direct his or her medical care.
Last word on Terri Schiavo...
Posted by daylate-dollarshort to DJ MacWoW
On Smoky Backroom ^ 02/27/2005 11:57:45 AM PST · 353 of 617
"I have been in Judge Greer's Court on more than several occasions."
Schiavo gets more time! (Till 3-18)
Posted by daylate-dollarshort to Vn_survivor_67-68
On News/Activism ^ 02/26/2005 9:09:46 PM PST · 805 of 856
"I rely on common sense and the facts. Further I rely on my long experience as an investigator for a Florida Circuit Court, the Federal Public Defender's Office and my experience acquired while being on the staff of the Director of Medical Education for George Washington University in Washington, DC."
I wonder how much the children donated to Greer's re-election campaign?
I am well aware that there are lots of paid schills here.
Unfortunately, not everyone is. So I share! :)
Just stay calm, do your research and expose their lies. Reasonable people will see what's going on unreasonable people are unreachable.
And....??
I suppose if I develop severe and intractable depression and no longer wish to live, I could get an order from Judge Greer allowing me to jump off the Sunshine Skyway Bridge. Judge Greer could order that based on my clear and convincing wishes and right to die, the police would not be allowed to try and stop me.
Thank you for sharing!
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