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.
Didn't you read the various Judges orders authorizing MS to pay for his attorneys out of the rehab award?
I did.
Didn't you see the Medicaid application used to get Medicaid (or Medicare) to pay for her stay there? That even MS admitted Medicaid/Medicare to pay because, he said, there wasn't enough money to pay for it out of the award money that was supposed to be used, which instead was used paying Bushnell and Felos, et al.?
Surely you must have.
I did.
There is no need nor requirement to forgive someone when they are not sorry for what they have done.
Thank you very much for finding the transcript excerpt for me.
Now, let's see "Dr." Cranford find in the Constitution where folks with Alzheimer's, or PVS (or perceived PVS), have no Constitutional rights.
Yes, I know this and he has stated his reasons. You make it sound like he used it to buy a lear jet. I think MS did the right thing and worked to fulfill his wife's wishes because there was nothing more that could have been done. How do you know she wasn't suffering every day she was alive? You don't. I don't. I'd hope my husband would do the same thing in the same circumstance. I've said this a thousand times that I believe there are things worse than death, and when asked if one would want to live indefinitely in the condition Terri was in, 99.9% of the people on this Earth would say no. And this has nothing to do with people with disabilities. This is about the permanent condition Terri Schiavo was in and only that. And we're done here. I respect your opinion, you're obviously passionate about it, but so am I. Why else would I subject myself to the neverending beatings I get whenever I question anything about this topic. Because it's a very, very important subject and we as a Country must talk about it and come to terms with the fact that we cannot keep every"body" alive no matter what just because we can.
Yes, I know this and he has stated his reasons. You make it sound like he used it to buy a lear jet. I think MS did the right thing and worked to fulfill his wife's wishes because there was nothing more that could have been done. How do you know she wasn't suffering every day she was alive? You don't. I don't. I'd hope my husband would do the same thing in the same circumstance. I've said this a thousand times that I believe there are things worse than death, and when asked if one would want to live indefinitely in the condition Terri was in, 99.9% of the people on this Earth would say no. And this has nothing to do with people with disabilities. This is about the permanent condition Terri Schiavo was in and only that. And we're done here. I respect your opinion, you're obviously passionate about it, but so am I. Why else would I subject myself to the neverending beatings I get whenever I question anything about this topic. Because it's a very, very important subject and we as a Country must talk about it and come to terms with the fact that we cannot keep every"body" alive no matter what just because we can.
When a jury awarded Terri Schiavo more than $1 million in a medical malpractice suit against her two physicians in 1992, it did so believing the money would be used to pay for the brain-injured woman's long-term care and rehabilitation.You see, Hildy, this is just one article concerning the award money and what MS did with it. I have not made up anything.But instead of the therapy he promised he'd provide for Terri, her estranged husband, Michael Schiavo, 41, who is also her legal guardian, used most of the money to pay attorneys to arrange his wife's death; and he did this with full court approval. [i.e., the Judges authorized same by Court Order]
The money awarded Terri was placed in a trust fund, and a judge approved all expenditures from pedicures to attorney bills. The latter has skyrocketed over the years, as Terri's parents, Robert and Mary Schindler, battled their son-in-law in the Florida courts over their daughter's right to live.
By June 2001, the trust fund money had dwindled to $350,000. Today, just $40,000 to $50,000 remains. * * *
Terri's account balance had dropped to about $100,000 by 2002, at which time a strategy was devised to qualify her for Medicaid, the federal-state health insurance program for the indigent and disabled.
In situations like this, after assets are sold the remaining money goes into trust and can only be used for certain specified purposes, Anderson said. Upon the patient's death any remaining money goes to the government. In exchange, the government extends Medicaid benefits.
All I wish is that MS would have done with the money what he told a jury, under oath, he was going to do with the money: "take care of Terri, for the rest of HIS life."
Seeing as the doctor was cleared of any wrongdoing by the state the money should have been given back.
Yes....wasn't it Dr.JOEL S. PRAWER , M.D., who was later cleared by the State of Florida for any negligence?
Well, I believe judge Greer's been working on that...along with the Florida Kangeroo Court...and SCOTUS is helping that along, as well.
http://www.darrylwoodonline.com/CounterB.htm
The following is a summary of expenses paid from Terri's 1.2 million dollar medical trust fund awarded by a jury in 1992. In 1993 Schiavo alleged the 1993 guardianship asset balance at *$761,507.50:
Attorney Gwyneth Stanley $10,668.05
Attorney Deborah Bushnell $65,607.00
Attorney Steve Nilson $7,404.95
Attorney Pacarek $1,500.00
Attorney Richard Pearse (GAL) $4,511.95
Attorney George Felos $397,249.99
Other
1st Union/South Trust Bank $55,459.85
Michael Schiavo $10,929.95
Total $545,852.34
Sun says: "let's see "Dr." Cranford find in the Constitution where folks with Alzheimer's, or PVS (or perceived PVS), have no Constitutional rights."
nicmarlo says: "Well, I believe judge Greer's been working on that...along with the Florida Kangeroo Court...and SCOTUS is helping that along, as well."
I'm afraid that you are correct, nicmarlo. Very sick and very sad.
Isn't it, though!!
Evidence of Greer cheating in 2004. This tv spot from 2004 looks like a joke it's so deceptive and full of loaners like Sheriff's car and Deputy Cunningham, a Public Defender and Prosecutor authorized by Sheriff Rice and SA McCabe who said the tv spot was "legal". There's no way it was legal. It breaks all the rules.
We could see damage to the brain -- vividly -- 15 years later. Why do you assume an autopsy can't see damage (or lack of it) to the heart or liver?
The explanation can be stated simply. If low potassium causes cardiac arrest, the heart can no longer pump oxygenated blood, so none of the other organs get oxygen and they would all be damaged ["global ischemia"]. The heart itself would be damaged. The fact that Terri's heart and other organs were healthy and did NOT show anoxic damage means that low potassium was not the cause of Terri's cardiac arrest.
The "15 years later" is misleading anyway. An autopsy examines the medical records and testimony as well as the corpse. It's a full investigation. Dr. Thogmartin got a lot of his information from early med records, not from dissecting the body.
Terri's injury -- which was local, not global -- was caused by lack of oxygen to the brain ["cerebral ischemia"]. The most obvious cause of injury to this area is cutting off the bloodflow in the carotid arteries that bring oxygen to the brain. Here are some basic definitions from the first med site I looked at. This is direct quotation:
Choke Holds... obstruction of carotid arteries (which can cause cerebral ischaemia)
These include the so-called 'carotid sleeper' and 'bar arm' choke holds that are sometimes used in law-enforcement situations, although they are increasingly being outlawed in many jurisdictions.
There is often little or no external neck injury visible, whilst haemorrhages in the strap muscles can be more extensive and broader in nature. If the bar arm hold has been of sufficient strength, the airway may have been obstructed, leading to 'air-hunger', and and lead to violent struggling on the part of the restrained person
From another site, this one offering basic information for prosecutors and other law enforcement officials:
Strangulation is defined as a form of asphyxia and is characterized by closure of the blood vessels and/or air passages of the neck as a result of external pressure on the neck. ... Ten percent of violent deaths in the US each year are due to strangulation, with six female victims to every male. ...
Clinically, a victim who is being strangled first experiences severe pain, followed by unconsciousness, and then brain death. The victim will lose consciousness by any one or more of the following: blocking of the carotid arteries (depriving the brain of oxygen), blocking of the jugular veins (preventing deoxygenated blood from exiting the brain), and/or closing off the airway, causing the victim to be unable to breathe. Only eleven pounds of pressure placed upon both carotid arteries for ten seconds is necessary to cause unconsciousness. If pressure is released immediately, consciousness will be regained within ten seconds. After 50 seconds of continuous oxygen deprivation the victim rarely recovers.
I believe I saw that...some time ago. I read the rules and also the Judicial Canons. Greer violated them, of course.
The City of Minneapolis is going to give HINO an award. I just got notice of same.
When the dregs of society are given awards, what does that tell you about our society?
http://www.hcmc.org/education/cme/documents/Cranfordethicsbrochure_004.pdf
HINO a hero? They are really getting carried away...death for everyone but themselves.
http://www.hcmc.org/education/cme/documents/Cranfordethicsbrochure_004.pdf
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