Posted on 03/25/2005 7:44:28 AM PST by MindBender26
New legal avenue to challenge Michael Schiavo attempts to cause wife’s death.
In 2003, the State of Florida codified the State’s approach to Do Not Resuscitate Orders, (DNROs.) DNROs are signed, notarized statements, from a patient, that direct physicians and emergency workers to NOT perform CPR on them. They are frequently used by older patients.
The form is a simple specific state-issued one page document. This state-mandated form prevents the need for an EMT to try to determine the authority or validity of some 20 page lawyer-drawn document while the potential patient is gasping for breath.
The DNRO itself is not an issue here because this is not a question of CPR, and the law was enacted in 2003, after Terri’s accident.
What is meaningful here, and it might be crucial, is the wording of the enabling statute dealing with the revocation of a DNRO by the patient. The DNRO may be revoked “at any time” by the patient “by orally expressing a contrary intent.” (765.104 Florida Statutes) The statute says no specific words are required, just “orally expressing a contrary intent.”
Michael’s entire case hangs on the allegation, upheld by the court, that he, Michael, must speak for Terri, as she cannot speak for herself. Do not Terri’s current verbalized statements indicate that she is “orally expressing a contrary intent” to the killing process.
Clearly, 765.104 Florida Statutes speaks to the Legislative Intent in dealing with the rights of seriously ill patients, especially patients who have limited communication ability. In addition, it clearly indicates the Legislative Intent to side in favor of preserving life, even where the patient has expressed a prior desire to not preserve life under extraordinary circumstances, if they desire to reverse that decision by “orally expressing a contrary intent.”
I am not a FL licensed lawyer, so cannot come in on a FOOC petition, but someone might want to run this past her lawyers.
They believe that she is in a PVS and therefore has no ability to express any kind of intent whatsoever, let alone a contrary one.
Pray for Terri. And America. Even from a sick bed, we will have to fight off killers.
Why is this so called husband allowed to make any decisions for her....hasn't he broken a law with his common law marriage and illegitimate kids? Revoke his rights.
There was was once a great nation.
Who used to follow God's Law.
Then one day this nation
Decided that man's law was better.
And caught in the web was a helpless women.
And those who demanded her death let her suffer.
Rather than at least demand she be given lethal injection.
Her crime was she was not a criminal.
Because in this once great nation
It was decided she had less rights than a criminal.
While criminals got 3 meals a day and drink.
She got none.
May God have mercy on this once great nation.
Interesting interpretation of the law.
And "politics"
Rather than save a helpless woman
And allowed her to suffer by starving her and giving her no drink
Will have to answer.
Amen Tonk.
What is unknown about the living wills is that they are generally not read. They are thrown in a file somewhere and the staff consider it a DNR order, regardless of what you write on it.
.
GOD Save the Vulnerable from the Bullies
What really bugs me about this case is how he can in the eyes of the law be allowed to do this, when he is practicing bigamy , living with a second woman with his derivative children and her parents trying to speak for Terri???
See post #13.
Florida courts don't care what the law says. They make the law.
I am a lawyer and it seems to me that we have let the death dealers frame the issue as restoring the tube.
Jeb Bush should be able to order that she be fed and hydrated orally. No court has the power to withold oral admisistration. Or go to another judge for oral order.
Problem is this, Tonk. We have some, obstensibly on 'our side', politically, that no longer hold the self evident truths laid out in the Declaration of Independence as 'legally binding'. Life, Liberty, and the pursuit of Happiness mean nothing, because the Declaration has 'no legal weight'.
Last night, as I slept, the words ' against enemies, foreign and domestic' kept echoeing through my head.
ping
BTTT!!!!!!
Don't tell me they are just becoming aware of this...MUD
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