In the criminal statutes, neglect is defined as:
1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well- being of the elderly person or disabled adult; or
2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.
Fla. Stat. § 825.102(3)(a).
If the neglect results in great bodily harm, permanent disability, or permanent disfigurement to the disabled adult, its a second degree felony. If there is no such harm, its a third degree felony.
Fla. Stat. § 825.102(3)(b), (3)(b)
In the Schiavo case, Judge Greer has authorized the removal of her feeding tube, pursuant to the mandate from the Second District Court of Appeal.
Judge Greer also denied the parents Petition for Immediate Therapy, requesting an attempt to help Terri learn to eat by mouth again.
Judge Greer HAS NOT entered an order forbidding provision of food and water by mouth after the removal of the tube.
In addition, Fla. Stat. § 744.3215 lists certain rights retained even after a person is adjudicated to be incapacitated. If one takes the rather broad language in 1.1 above, Schiavos systematic violation of those rights can also be the subject of criminal charges, as his violations have NEVER been adjudicated by the guardianship court.
I will be emailing to point out the law pertaining to disabled adults and ask that others email Florida's legislators too. There is no good reason on earth MS has been able to abuse and neglect Terri's basic human rights for years, whether she has a feeding tube or not. Until the order to withdraw the feeding tube, his attempts to let her die from infection (sepsis) should have resulted in criminal charges. Enough is enough!