Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: bjs1779
The problem with your argument is that the state had a law forbidding him or his doctor not to treat her for that infection. He admitted it under oath

Ah, but that's not what you stated originally is it now? No, what you stated originally was

I know Mike tried to let her die of an UTI in 1993 against doctors orders

which is an out and out falsehood. Now as to what Florida's laws state, I don't know and frankly I don't care. That issue belongs to the citizens of the state of Florida and the Florida state courts, per Scalia but more importantly the 10th Amendment.

The problem with your argument is that the state had a law forbidding him or his doctor not to treat her for that infection.

Will be more than happy to quote it. Doesn't prove your point though

Q: Why have you changed your opinion?

SCHIAVO: Because evidently there is a law out there that say I can’t do it.

Q: Is that the only reason?

SCHIAVO: Basically, maybe.

Q: What you’re telling me is, is that there is nothing in your belief or feelings that have changed. The only thing that has changed is the fact that your perceived that the law prevents you to do what you intended to do?

SCHIAVO: Correct.

All that tells us, in context with his other statements of receiving advice from the doctor is that he still believed the doctor's advice is valid over a state law. It does not prove anything else. I don't know about you, but when and if the time comes for me or anyone in my family, I'm going to tend to believe what an attending doctor tells me over some politician
322 posted on 04/16/2005 8:36:20 PM PDT by billbears (Deo Vindice)
[ Post Reply | Private Reply | To 321 | View Replies ]


To: billbears
" I know Mike tried to let her die of an UTI in 1993 against doctors orders"- bjs1779

"which is an out and out falsehood."-billbears

It seems you left out a few lines out of Schiavo's testimoney. As I said, that is what Michael says. Read it for yourself.

------------------------------------------------------------------------------------------------

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY

DEPOSITION OF: MICHAEL SCHIAVO

DATE: November 19, 1993

15 BY MR. SHEEHAN:[Shindler attorney]

16 Q You can answer.
17 A My job is to take care of Terry and meet all of
18 her medical needs, to make decisions based on what Terry
19 would want. I'm still vague on your question of what you
20 would want out of that question.

21 Q How often do you meet with the doctor? Do you
22 meet with him on a regular basis?
23 A Terry goes every two months, unless there is
24 something else that comes up, and we take her over there.

25 Q Do you, meet with the doctor?
___ 12
1 A Yes, I do.

2 Q Do you discuss with him such things as what type
3 of treatment he's providing, what type of medication he's
4 providing?
5 A Yes, I do.

6 Q Do you give him direction as to what steps he
7 should take or what things he should or shouldn't do in
8 the future?

9 MR. NILSSON: Objection. Compound......

10 Answer to the best of your ability.
11 BY THE DEPONENT:
12 A I don't tell the doctor what to do. He's gone to
13 school for that.

14 BY MR. SHEEHAN:
15 Q Uh-huh. Have you taken any steps or given any
16 direction to the doctor or the nursing home, and I'm
17 particularly concerned with the area of July and August of
18 this year, with regard to your wife's care or treatment/
19 MR. NILSSON: Objection........

23 BY MR. SHEEHAN:

24 Q You know, unfortunately, this is a discovery
25 deposition and the purpose of my questions is to find out
___ 13
1 what. I can give you a little factual scenario and see if
2 that will help you?
3 A I'm -- I'm --

4 Q See if that will help you in answering the
5 question. We were contacted -- my office was contacted by
6 the nursing home and they indicated that something had
7 changed as far as the treatment of Terry in July and
8 August and the change had something to do with the
9 direction that you had made, either to the nursing home or
10 to the doctor.

11 My question to you is: Did you -- did you change
12 any directions that you had given to the nursing home or
13 to the doctor prior to that or did you do anything that
14 you're aware of?

15 A Yes.

16 MR. NILSSON: Let me make my objections...

22 BY MR. SHEEHAN:

23 Q You said yes?
24 A Yes.

25 Q What did you do or what did you not do?
___
14
1 A I put a -- after speaking with my doctor, I gave
2 an order not to treat a bladder infection Terry had.

3 Q Who was the doctor you spoke with?
4 A Mulroy.

5 Q And Mulroy is your doctor or Terry's doctor?
6 A Terry's doctor.

7 Q Tell me about the conversation you had with
8 Mulroy.
9 A I talked to him about what he felt Terry's future
10 was. And he told me that Terry is basically going to be
11 like this for the rest of her life and I was trying to
12 make decisions on what Terry would want.

13 Q What was her bladder condition?
14 A She had UTI.

15 Q Excuse me?
16 A She had a UTI.

17 Q What is that?
18 A Urinary tract infection.

19 Q What -- did the doctor tell you what the
20 treatment for that would be?
21 A Antibiotic usually.

22 Q And did he tell you what would occur if you
23 failed to treat that infection.
24 A Yes.

25 Q What did he tell you?
___ 15 1 A That sometimes urinary tract infections will turn
2 to sepsis.

3 Q And sepsis is what?
4 A And infection throughout the body.

5 Q And what would the result of untreated sepsis be
6 to the patient?
7 A The patient would pass on.

8 Q So when you made the decision not to treat
9 Terry's bladder infection you, in effect, were taking a
10 decision to allow her to pass on?
11 A I was making a decision on what Terry would want.

12 Q I don't think you answered my question.
13 Could you repeat the question?

14 (Whereupon, the pertinent portion of the Record was read
15 back by the Court Reporter.)
16 MR. NILSSON: Let me make an objection ..

21 Answer to the best of your ability.
22 BY THE DEPONENT:

23 A That's what would happen. That's what would
24 happen.

25 BY MR. SHEEHAN:
___
16
1 Q Has the bladder condition been treated?
2 A Yes.

3 Q And was -- what was the reason that the bladder
4 condition was treated?
5 A Sable Palms Nursing Home said they could not do
6 that by some Florida law which wasn't stated.

7 Q But you didn't change your opinion or your
8 decision to not treat the bladder condition?
9 A We did change it.

10 MR. NILSSON: Objection. Asked and answer.

11 BY MR. SHEEHAN:

12 Q Correct?
13 A Repeat your question.

14 Q You did not change your decision not to treat the
15 bladder condition, correct?
16 A I had to change my decision.

17 Q Sable Palms changed it for you?

18 MR. NILSSON: Objection. Arguing with the
19 witness. He said he had to change it based on what
20 Sable Palms position was.
21 BY MR. SHEEHAN:

22 Q Okay. Is there any reason that you would not
23 make the same decision that you previously made if the
24 problem came up again?
25 A Repeat your question again, your losing me here.

___
17
1 Q Let me be more specific. If you're wife
2 developed another condition that could result in her
3 death, is there any reason that you would not take the
4 position that you're not going to treat that condition and
5 you're going to instruct the doctor not to treat that
6 condition?
7 A I wouldn't instruct anybody, no.

8 Q You instructed the doctor not to treat the
9 bladder condition, correct?
10 MR. NILSSON: Objection.....
18 BY MR. SHEEHAN:

19 Q You did instruct the doctor not to treat her
20 bladder condition correct?

21 A Uh-huh, yes.

22 Q If a similar condition arose in the future,
23 would you do the same thing?

> 24 MR. NILSSON: Objection.....
___
18
1 anything.

2 MR. SHEEHAN: I don't think he did.

3 BY THE DEPONENT:

4 A I'm thinking.

5 BY MR. SHEEHAN:

6 Q Take your time.
7 A I probably wouldn't instruct the doctor to do it.

8 Q So you've changed your opinion?
9 A Sort of, yeah.

10 Q Why have you changed your opinion?
11 A Because evidently there is a law out there that
12 says I can't do it.

13 Q Is that the only reason?
14 A Basically, maybe.

15 MR. NILSSON:(objection) Move to strike the witness' 16 statement, ...........

9 BY MR. SHEEHAN:

10 Q What you're telling me is, is that there is
11 nothing in your belief or feelings that have changed. The
12 only thing that has changed is the fact that you perceived
13 the law prevents you to do what you intended to do?
14 A Correct.

15 Q Okay. Are you presently employed?
16 A No, I'm not.

344 posted on 04/17/2005 2:15:23 PM PDT by bjs1779 ( I have heard her say “mommy” from time to time, & “momma,”& "also said “help me” Cna H. Law '97)
[ Post Reply | Private Reply | To 322 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson