Think of all the disabled people who can be taken off of life-support. What a savings to the insurance companies!!! They must think Greer is wonderful!!
The issue for the trial court was therefore not that Ms. Schiavo lacked any voluntary action. Rather, the court believed Ms. Schiavo had not demonstrated sufficient actions to prove "cognitive function" because her actions were not "consistent" or "reproducible." This is simply not the definition the Florida Legislature and the U.S. Supreme Court have ascribed to "persistent vegetative state." "Voluntary action ... of any kind" does not require the person repeat the same action "consistently." The trial court committed a clear error of law by adding this new requirement.There is an inherent danger in imposing such subjective criteria to this important threshold determination. The trial court's new requirement of "consistent" and "reproducible" action begs the question how much "action" Ms. Schiavo would have to exhibit to prove she is not in a persistent vegetative state (and concomitantly not cede her right to maintain life support). Would three voluntary "actions" be enough? Would ten? Moreover, how would courts determine whether such actions are "consistent"? How much variance, if any, would be allowed?
THE 2ND DCA NEEDS SOME EMAILS AND PHONE CALLS. THEY ARE TO BLAME FOR THIS TOO.