Posted on 08/10/2005 10:38:54 AM PDT by marshmallow
CLEARWATER - Michael Schiavo has asked a court to waive the two-year statute of limitations on filing a medical malpractice lawsuit against one or more of his deceased wife's caregivers.
Terri Schiavo, 41, died March 31 after her feeding tube was removed after a seven-year court battle.
Schiavo's attorney in this case, Mark Perenich, said he was not able to discuss the proposed lawsuit behind Tuesday's request for an extension of the two-year statute of limitations.
By law, medical malpractice lawsuits must be filed within two years of the alleged misconduct unless an extension is granted.
In October 2003, Terri Schiavo's feeding tube was removed on court order. Doctors reinserted it on orders from Gov. Jeb Bush.
They are strangely absent from this thread. ;)
His request to waive statute of limitations means he is trying to sue a medical provider based on alleged malpractice which occurred more than two years ago.
What on God's green earth could a doctor possibly do that would be worse than killing her?
I hope the waiver is granted, just so we can see this whole sordid affair unfold. If he is denied, we'll never know his theory of the case!
Pain and suffering might be worth a nice piece of change. :
later pingout.
Does anyone have an address for this grieving "husband?" It would only be proper to send him sympathy cards - even if they are a bit belated.
I didn't know a judge had the power to "waive" a statute.
Has this happened before? If so, that is shocking; I can't believe I've never heard of such a thing.
Well they did interfere with and speak out against (how dare they!) his every effort to starve her to death. I thought all Michael was interested in was helping Terri end her life per her supposed wishes? He got his wish, she's dead, shouldn't he just get on with his life like he said he wanted to? Well, we know it's all about the money for him. His 15 minutes of fame have gone and he hasn't really cashed out. The girlfriend and 2 kids must be getting expensive, so he's here to try to milk more out of his late wife's life and death.
Clearwater, FL (LifeNews.com) -- Terri Schiavo's estranged husband Michael plans to file a lawsuit against her former caretakers. Michael asked a local court on Tuesday to waive the two year statute of limitations against such a lawsuit.
Mark Perenich, Michael's new attorney, who replaces euthanasia advocate George Felos, told the Tampa Bay Tribune newspaper he could not comment on the proposed lawsuit.
Under Florida law, legal action must be taken within two years of the alleged mistreatment unless an extension is granted.
Michael could be hoping to go after Florida Governor Jeb Bush or the Florida legislature, which passed Terri's Law in October 2003 authorizing Bush to ask doctors not to starve Terri to death.
Terri died on March 31 after a painful two week-long starvation and dehydration death following a local judge's decision Michael could end her life. Florida lawmakers failed to pass another bill allowing Bush to save her life a second time.
While Michael may be file suit based on possible mistreatment, nurses who cared for Terri over the years say he was responsible for mistreating her.
Nurse Carla Sauer Iyer cared for Terri during the mid 1990s and said that, after one visit by Michael in Terri's room for 20 minutes with the door shut, Iyer found Terri lethargic and "crying hysterically."
She checked Terri's blood sugar levels and they were barely showing any reading on the glucometer, she told Fox News. She also saw a vial of "insulin concealed in the trash bin."
Iyer told ABC Radio's Sean Hannity there were needle marks underneath Terri's breast, under her arms, and in her groin area.
Iyer, who submitted affidavits during the legal battles between Michael and Terri's parents, told Hannity's radio program that Michael would complain when staff would take care of her or feed her. He would also refused to provide her with any rehabilitative treatment.
"[T]hat's therapy -- take that washcloth out," he would tell Iyer.
Another nurse, Heidi Law, said she witnessed an occasion similar to the insulin incident Iyer reports.
"I witnessed an occasion extremely similar to that and wasn't aware that somebody else had," Law told Hannity.
"I had gone into her room and she had quite the clammy fever -- or what felt like one -- and I went to the charge nurse immediately," Law explained.
Law said everything she saw led her to believe her sugar levels were "off the charts."
She told the ABC News radio show host that the episode happened just after Michael had left the room after visiting Terri privately.
Law said she had never met Iyer or spoken to her about the incidents.
But Michael always had her best interests at heart, more than her parents and siblings ever did because ....her was her husband....he loved her.....he knew what she wanted.....in fact, even now in this new lawsuit, Michael's still only doing what Terri would have wanted...../sarcasm
he's the scum of the earth.
Time standards can be waived by the court upon a showing of "good cause". Usually it's based on mistake, inadvertence, inexcusable neglect. Involuntary waivers are rare and you have to make a good case, but it can be done.
Individuals have the right to waive statutes of limitations by contract as well.
That part is not what is shocking to me. What is shocking to me is that a guy whose sole purpose in life for the last eight years has been to kill his disabled wife is looking to sue someone over her treatment.
Like the kid who kills his parents and then pleads not guilty because he is an orphan...
No surprise.
We already knew that; now, maybe. . .a few more might 'know' it as well.
He is what he is; and he will not change; just find more ways to be himself.
Don't worry. There's a 'special' place reserved in Hell for Greer AND Michael Shiavo (probably right beside the Clintons and others who 'appear' to get away with anything and everything, including legally sanctioned murder). They'll get their oh-so-deserved ""reward"" eventually. And I sure wouldn't want to be in their shoes!
here...see what the scumbag's doing now....it's what Terri wanted, too, I'm sure. (/sarcasm>
I knew it had to be about money and wanting to legally marry the woman he has been living with and has two kids by. Well now we know he wants both the bucks and the bootie (legally)
Weren't they claiming to quit FR or move to the smoky back room? LOL They'll come up with more excuses for Michael.
A pit of poetic justice. As I recall his attorney had a financial interest in the nursing home, who I presume is a target of the lawsuit.
The speculation regarding suing the Governor and Legislature is flawed because that happened less than two years ago, and both would be immune from such a suit, anyway.
A suit against the nurses might have merit, but can you imagine the theory of the case? They committed malpractice by cutting her nails and brushing her teeth?
Yeah, I saw this. He's still a dweeb.
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