Terri Schiavo's Family Files Contempt Motion to Obtain Terri's Medical Info

LifeNews Online ^ | 02-25-04 | Steven Ertelt

[phenn]

Clearwater, FL (LifeNews.com) -- The family of Terri Schiavo, on Tuesday, filed a contempt of court motion against Terri's estranged husband Michael. They say he is once again withholding information from them concerning Terri's medical condition, in violation of a 1996 court order.

Last week, Terri began vomiting and Terri's parents, Bob and Mary Schindler, asked nursing and hospice staff what had caused it and what measures were being taken to treat Terri.

Terri is currently living at Park Place Assisted Living Facility in Clearwater, Florida, and staff at the facility told the Schindlers that they were under orders from Michael's attorneys not to divulge any information.

That prompted family attorney Pat Anderson to file a contempt of court motion against Michael.

A 1996 judicial mandate by the Pinellas County Circuit Court requires Michael to provide Terri's family with current information concerning her medical condition and treatment.

"Michael Schiavo's flagrant violation of the simple and understandable terms of the 1996 order is deliberate and contumacious," the motion says. "Its harm to the Schindlers is continuing in nature, but they are not the only ones harmed."

The motion says the Schindlers are concerned for their daughter because the vomiting "could result in aspirational pneumonia, a life-threating condition for a patient such as Terri, especially if left untreated."

Mary Schindler said she is worried that the positioning of Terri's body during the tube feedings is a possible cause for the vomiting.

The 1996 court order required Michael to notify any future nursing home that provides care or medical services to Terri "that he has no objections to the nursing home discussing [Terri's] medical condition with Robert Schindler or Mary Schindler."

The order also required Michael to provide the Schindlers with any neurological reports and to inform them of any "significant changes" in Terri's medical condition.

Additionally, a court order in September of 2003 directed Michael to provide a discharge summary from Morton Plant Hospital to Terri's parents. He has yet to comply.

Related web sites: Contempt motion - http://www.zimp.org/documents/022404contempt.pdf

Court order requiring Michael to provide medical info - http://www.zimp.org/documents/1996%20Court%20Order.pdf

[tutstar]

I would like to find that out myself, I'm starting to work on the putting the judge info together for the site I'm doing.

And in reference to your post 103 can you or someone help find the exact part of the Act which applies to Terri?
I found a lot of info here http://www.usdoj.gov/crt/ada/publicat.htm#Anchor-14210
and read through a lot of it but I'm feeling a bit overwhelmed with info overload! 8^}

[tutstar]

Is it possible that you may already know what I'm looking for in post 141?
thanks

[Chocolate Rose]

bump to read later

[Future Useless Eater]

Sorry, I almost missed your reply to me...

Gordon Watts, pc93, and Ethan Allen are good sources...

Here are two of my FAVORITE quotes from an earlier post

3) Further, Section (2)(a) states that If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

4)The Americans with Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America.

Almost anything thats been said here (more than two or three weeks ago), can be found with a GOOGLE search for example, like this...

"Terri Schiavo" "americans with disabilities act" site:freerepublic.com

[gww1210]

I looked up 42 US Code 12101 here:

http://www4.law.cornell.edu/uscode/42/12101.html

I don't see anything specifically mandating rehab or therapy; this section looks like a prohibition against discrimination in regards to employment, housing, public accompdations, etc.

Correct me if I am wrong, and please email me at:

Gww1210@AOL.com & Gww12102002@Yahoo.com

thx!

gordon

[Future Useless Eater]

The contempt hearing has been re-scheduled AGAIN for March 26th!!!

...OK, time is up!

• Is TODAY still the day for Michael's CONTEMPT OF COURT hearing?
• Does anyone know of any news on this?
• Will Michael get the book thrown at him as he so rightly deserves?

[Pegita]

Just posted on another thread ... the hearing is still on for 9:30 this morning. There should be a report shortly thereafter ...

[Pegita]

Try this (when the server works, that is) ...

Terri's Threads, March 22, 2004

http://www.freerepublic.com/info/focus/f-news/1103196/posts

[TheSpottedOwl]

Is TODAY still the day for Michael's CONTEMPT OF COURT hearing? Does anyone know of any news on this? Will Michael get the book thrown at him as he so rightly deserves?

I haven't been keeping up. If you find out anything, ping me please.

[sweetliberty]

"Will Michael get the book thrown at him as he so rightly deserves?"

I wouldn't hold my breath waiting for the Florida courts to do the right thing. Thankfully, God is still in the miracle business. That's where our faith and hope has to to lie.

[Future Useless Eater]

Thanks for the info. Your link in post 148 only worked for me if I took out the /info from the path...

Two weeks ago, a tooth in her mouth came up missing. Recently, she has developed a decubitus ulcer on an area of her body which points directly to pressure and lack of her being repositioned.

I don't understand how a tooth can come up 'missing' when she is not being fed by mouth. EVIDENCE OF DIRECT PHYSICAL ABUSE?

[TaxRelief]

Today's hearing thread:

http://209.157.64.200/focus/f-news/1103196/posts

[amdgmary]

Terri's dad, Bob Schindler, said the contempt of court hearing is still on for 9:30 am today (Friday, March 26). I should find out in a few hours how the hearing went.

[phenn]

Today, in the sixth judicial circuit, Judge George Greer heard a Motion to show cause for Contempt of Court from the attorneys representing the immediate family of Terri Schindler-Schiavo. Terri's parents argue that they are not receiving adequate information as to Terri's medical condition. A 1996 court order mandated that Terri's husband/guardian, Michael Schiavo provide information in the event of a significant change in Terri's medical condition and that he inform any facility where Terri is confined that he has no objections to staff disclosing such details to her immediate family.

In February, Terri had suffered an unexplained bout of vomiting and her parents enquired of the medical staff as to its cause and what course of treatment was being taken. They were refused details and were told that this was under the instruction of Michael Schiavo. Since then, there have been other changes in Terri's condition for which the medical staff has not disclosed details.

Judge Greer declined to issue a ruling today and stated that he would do so within the next few days. He also suggested that the 1996 court order, which was issued by another judge, should be revisited in court so that the term 'significant change' could be determined.

This hearing was a rescheduling from a previous date in order to accommodate the schedule of attorney Deborah Bushnell, who represents Michael Schiavo. Though Ms. Bushnell was present, the argument was carried out, instead, by attorney Scott Swope with Ms. Bushnell's presence (according to her) to provide 'background information' only.

At this writing, Terri's family is still not receiving information regarding her medical condition.

You can read the related motion on: http://zimp.org/documents/022404contempt.pdf
The 1996 Court Order is on: http://zimp.org/documents/1996%20Court%20Order.pdf

[FR_addict]

I am so tired of Judge Greer's rulings. It sounds like he plans to make another decision against the family, since he wants to know what the word "significant" means.

Anyone have the numbers handy to complain about Judge Greer?

I wanted to share a tragedy with my Terri's friends that just happened to my son's wife's sister.

Triplets Dead in Trailer Home Fire
http://www.freerepublic.info/focus/f-news/1105520/posts
or if you aren't having DNS problems:
http://www.freerepublic.com/focus/f-news/1105520/posts

I thought of Terri when my son told me about the nurses in the Burn Intensive Care Unit. He said the nurses would talk to the little girl who survived but is critically burned. The nurses talk to the child and tell her exactly what they are doing, even though they have her in a drug induced coma so that she will not feel the pain for a few days.

[amdgmary]

Today, in the sixth judicial circuit, Judge George Greer heard a Motion to show cause for Contempt of Court from the attorneys representing the immediate family of Terri Schindler-Schiavo. Terri's parents argue that they are not receiving adequate information as to Terri's medical condition. A 1996 court order mandated that Terri's husband/guardian, Michael Schiavo provide information in the event of a significant change in Terri's medical condition and that he inform any facility where Terri is confined that he has no objections to staff disclosing such details to her immediate family.

In February, Terri had suffered an unexplained bout of vomiting and her parents enquired of the medical staff as to its cause and what course of treatment was being taken. They were refused details and were told that this was under the instruction of Michael Schiavo. Since then, there have been other changes in Terri's condition for which the medical staff has not disclosed details.

Judge Greer declined to issue a ruling today and stated that he would do so within the next few days. He also suggested that the 1996 court order, which was issued by another judge, should be revisited in court so that the term 'significant change' could be determined.

This hearing was a rescheduling from a previous date in order to accommodate the schedule of attorney Deborah Bushnell, who represents Michael Schiavo. Though Ms. Bushnell was present, the argument was carried out, instead, by attorney Scott Swope with Ms. Bushnell's presence (according to her) to provide 'background information' only.

At this writing, Terri's family is still not receiving information regarding her medical condition.

[stanz]

Haven't heard a word about this. I suspect he's never going to get what's coming to him.

[Saundra Duffy]

Judge Greer is such a monster. Terri needs all of us to hang in there with her and not give up! You go, girl!

[cyn]

Hi, amdgmary, thanks for the ping to today's court update!

There's now a new daily thread -- court update at #23 and obvious neglect (decubitus ulcer, missing tooth!) at #16.

[FR_addict]

A missing tooth an an ulcer (bed sore)???

This sounds like neglect. Can the Schindlers start a civil suit against the home? Or a criminal investigation? If there is someone we can flood with emails and calls, let us know.