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.
That's a stretch, and you know it.
Look, we disagree...I'm giving him the benefit of the doubt, you're not. There's really nothing else to say about it.
Indeed it does. I can't believe they killed her, but they did.
Give MS the benefit of the doubt as concerns what he claims Terri's wishes were?
First of all, how many people do you know, at the age of 24 or so, that have discussed having felonius crimes committed against them to ensure that they are "put down" if they should ever be found in a vegetative state?
Back up.....how many people do you know, at the age of 24 or so, that have discussed BEING in a vegetative state?
Discussed being put down, via starvation and dehydration, if in a vegetative state?
Discussed being put down, via starvation and dehydration, even though it would be a FELONIUS CRIME to commit?
Disscussed getting their "significant other" to WAGE A CULTURAL WAR, get legislation changed, be willing to commit perjury, another crime, so that death can occur via starvation and dehydration?
How many 24 years olds would envision themselves in the hypothetical scenario of a vegetative state due to a hypothetical negligence of doctors (for some hypothetical disorder) who the 24 year old wants their significant other to sue, so, hypothetically, he can commit perjury saying her predicament was due to their hypothetical negligence, to hypotheticall get millions of dollars to fund some yet unknown attorney who is willing to help change some yet unknown legislation, so that the 24-year-old's death can occur via starvation and dehydration?
This is what you want to give MS the benefit of the doubt concerning?
And I'M being unreasonable?
oh, and hildy....this elaborate plan, that Terri supposedly set up with MS....it was never written down and nobody else ever heard about it....except the beneficiary, of course.
I am submitting you for the Carole Ann Boone award. Congratulations.
What was that about him not getting a cent off of her death???
You are the nastiest people I've ever encountered.
I hope that includes me. I wouldn't want to be admired by anyone who admires Michael Schiavo.
Hildy, after seeing enough of your posts:
pot...kettle...black.
much thanks :)
Uniform Case | Pinellas Case | Section | Case Type | Type |
522005CA005436XXCICI | 05005436CI | HNO | MED MAL PRAC EXT | PM |
Style: | SCHIAVO MICHAEL PR | |||
vs. | IN RE | |||
Jury Trial | STIP | NOTH | Reason | Type Disp. |
Filling Date | Appeal Date | Judg. Date | Reop Date | Docket Date |
08/09/05 | ||||
Case/Cat | ||||
PROFESSIONAL MALPRAC |
5 Docket Entries, 08/15/05 to 08/09/05 |
Pages | Date | P/D | Docket Entry | Ver |
08/15/05 | CLERK | REQUEST FOR COPIES - FAXED COPIES/081605 | N | |
08/10/05 | CLERK | REQUEST FOR COPIES - FAXED COPIES/081205 | N | |
08/09/05 | PLAINTIFF | CIRCUIT CIVIL FILING FEE PAID $ $37.50 | N | |
08/09/05 | PLAINTIFF | PETITION FOR EXTENSION OF TIME | F | |
08/09/05 | PLAINTIFF | THIS CASE ASSIGNED BY CLERK TO SECTION HNO BY 0040 - HOLD PM | N |
Attorney For Terri Schiavo Family Explains Causes of Tragic Result of Schiavo Case
Robert Destro Warns Many Similar But Unpublicized Cases are Happening Every Day
August 18, 2005 (LifeSiteNews.com) The degree of disconnect between the description of the Terri Schiavo case in the media, and the reality of the case is pretty profound, laments Robert Destro, the lawyer who performed vital pro bono legal work for the family of Terri Schiavo in their final bid to save Terris life from the hands of her husband and the courts.
In an interview with Anita Crane of the American Life League, Destro reveals many of the disturbing legal anomalies, often stepping into the realm of the patently illegal, that sadly distinguished the Schiavo case.
In particular Destro remains deeply critical of the actions of Judge Greer, whose failure to act and whose often illegal handling of the case resulted in Terris eventual murder by starvation and dehydration. You cant really make up facts of this caseI felt like I was caught in Wonderland or Neverland. Terri never got a fair hearing, attests Destro. Florida law expressly requires probate judges to see the incompetent patients whose cases are pending before them, but Greer never went to see Terri.
Destro complains that his efforts to represent Terri and her family were frustrated by the courts at every turn of the road. Laws created to protect Terri were struck down as unconstitutional, appeals to higher courts intended to rectify blatant and gross legal malpractices in the lower courts were refused, and painstakingly slow court processes were unnecessarily initiated in the midst of emergency time restraints.
But Destros criticisms arent only reserved for the anti-life forces that expended immense amounts of time, effort and money in ensuring that Terri served as the poster-child for their pro-euthanasia agenda. The experienced and able lawyer believes that in many ways pro-life forces failed to act to the fullest of their abilities to protect Terri, especially their unwillingness or inability to work with perceived political enemies who offered support.
My experience in civil rights, says Destro, teaches me that it makes no difference that some civil rights advocates are pro-choice. If our goal is to protect and preserve the rights of vulnerable persons, we must put those vulnerable persons first and try as best we can to understand the needs and wants of those whom we are trying to protect. [But sometimes] we fail in our duty to the extent that we are unwilling or unable, for whatever reason, to work with our political opponents on behalf of those whose lives society does not value. Terri Schiavo was one of those persons. There are many, many more like her.
Destro warns pro-life advocates not to underestimate the extent of the cultural force that they are facing. The visibility of Terris case is the exception, not the rule. Euthanasia is already happening every day. We need to understand that families like the Schindlers exist all over this country and the system isnt designed to help them to care for their loved ones at home.
Read Anita Cranes full-length report, outlining the many abuses of the Schiavo case as explained by the Schinlers lawyer, Robert Destro:
Inside the Terri Schiavo case: And why it matters now
http://www.lifesite.net/ldn/2005_docs/Destro.pdf
LifeSite: http://www.lifesite.net/ldn/2005/aug/05081808.html
Inside the Terri Schiavo case: And why it matters now
By Anita Crane
People still talk about the Terri Schiavo case. But in thinking of her death sentence, often someone says, I wouldnt want to live like that! Well, no one longs for a brain injury, yet it could come upon anybody. No matter where you stand on the issue, this eyewitness account will help you understand what happened to Terri Schiavo and why it was a tragic violation of her constitutional rights.
Attorney Robert Destro represented Florida Governor Jeb Bush (R) as well as Terri Schiavos parents, Bob and Mary Schindler, in the legal case. From 1983 to 1989, he served as a commissioner on the U.S. Civil Rights Commission and led its discussions regarding discrimination on the basis of disability, national origin and religion. Now hes a professor at the Catholic University of America's Columbus School of Law in Washington, D.C. Destro joined Terris case as advisor to Kenneth Connor, lead counsel in Bush v. Schiavo. While the governor's office paid his travel expenses to the Florida Supreme Court, all Destros work on
behalf of Terri was done pro bono.
"The degree of disconnect between the description of the Terri Schiavo case in the media, and the reality of the case, is pretty profound," said Destro. "The laws of Florida were perfectly adequate, but the courts construed them in ways that cut away most of the protection they offer to incompetent patients like Terri. The Schindlers are wonderful people who have endured a trauma that nobody should ever have to endure. They and Terri were victims of a great injustice and needed help."
Never mind the law
Judges are supposed to determine clear and convincing evidence in light of the whole, but the problem with Terris case was that the evidence was only as good as the judges, said Destro.
"Our task in the U.S. Supreme Court was not to re-litigate the underlying case about her condition. It was to convince them that the case in which her condition was established should be reconsidered with a new trial because of the procedural and substantive flaws that led to the conclusions reached by Judge George Greer."
In Bush v. Schiavo petitions to the Florida and U.S. Supreme Courts, Destro emphasized what he referred to as Greers illegal position of simultaneously acting as Terris judge and surrogate guardian. It was absolutely forbidden, Destro stressed. A judge is a fact-finder and decisionmaker.
His job is to identify the law, hear the facts and decide the case. A surrogate stands in the shoes of the incompetent person and makes decisions on his or her behalf. A guardian adlitem is the legal representative of the incompetent person. This person bears the responsibility to argue on behalf of the client alone without regard to the wishes or needs of others.
Destro added, Florida law expressly requires probate judges to see the incompetent patients whose cases are pending before them, but Greer never went to see Terri.
How did this go unchecked? According to Destro, The appeals court does not look at the full record. They only look to see if the judge made any obvious mistakes. And if he hasnt made any obvious mistakes, any clear errors, then they let it go. That standard of reviewing cases on
appeal makes it very important that the process be absolutely perfect. All the parties, the attorneys and the guardians and everybody, have got to be doing exactly everything just right.
Even so, Barbara Weller of the Gibbs Law Firm (currently representing the Schindlers) said Greers breaches took place under 2nd District Court of Appeal Judge Christopher Altenbernd starting with his Jan. 24, 2001 ruling on In re: Guardianship Theresa Marie Schiavo; Robert and Mary Schindler v. Michael Schiavo. Then during his tenure as chief judge, Altenbernds opinions show persistence in ordering Greers abuse of power (In re: Guardianship Schiavo, June 6,2003 and March 16, 2005).
Furthermore, the Destro-Connor petitions indicate that the judges ethical and legal violations were so numerous and intertwined; it would take volumes to spell out the details.
Destro explained, "You can't really make up facts of this case I felt like I was caught in Wonderland or everland. Terri never got a fair hearing and [she] was entitled to at least as much due process as a convicted murderer; Gov. Bush is obliged, as chief executive of the state of Florida, to protect the weak and vulnerable; Terri's Law [H.B. 35 E] was designed to ensure that she got a fair hearing at which the actual substance of her condition could be litigated; and the federal courts were obliged to review the procedural and substantive fairness of the Florida proceedings."
Read the rest of the report at http://www.lifesite.net/ldn/2005_docs/Destro.pdf
:-) :-)
I missed this last time around. Perhaps we could call it the Carole Ann Boonehead award. Carole Ann not only fell in love with charming Ted Bundy after he killed at least thirty women (and was suspected of many more). She married him during his trial and even managed to get pregnant by him while he was in jail.
Before he was executed, Ted charmed one of his attorneys and managed to fool around with her, too. I don't know her name but let's create a Lapdancing Lady Lawyer Award in her honor and give it to Deborah Bushnell.
Next year's Boonehead Award winner, if she survives that long: Jodi Centonze.
BUMP to #676
I know. I just hope the kid never found out who the daddy was.
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