Legal question about Terri Schiavo

Personal question | 03/27/05 | Jeffrey Smith

[jcsmonogram]

I have a question for you regarding Terri Schiavo.

I understand that Judge Greer is apparently able to enforce the removal of the feeding tube at Michael Schiavo's request. I'm assuming that he cites the feeding tube as "medical treatment."

But how can she legally be denied ice chips on her lips or water in her mouth? This isn't "medical treatment." She swallows her own saliva, perhaps she could swallow water in small quantities.

I don't know if there's anything here that can help legally, but it's just something my wife and I thought of that didn't make sense to us. It seems that no one - not even Judge Greer or Michael Schiavo - can deny the oral administration of hydration.

[Fantasywriter]

Her former nurses testified that they used to give her both liquid and pudding by mouth until MS ordered them to stop.

[pies]

"Interesting; in all this, I have never heard or read a statement by her blood relatives aying that a feeding tube is not necessary, or that she could be fed orally. I think you are right; I thought it was that she was unable to swallow."



I have. They said that Michael would never allow the swallowing evaluation .

[solo gringo]

If you read judge Greer bio how can anyone let this bast#ad judge anything he is so corrupt he makes Bill Clinton look like the Pope.

[null and void]

If she can swallow, she's not PVS. It's part of the definition of PVS.

[speekinout]

You should be very glad indeed that you don't know what a feeding tube is, and why it is used.
But your ignorance is not a good reason to spout off opinions about what Terri's fate should be. Or for that matter, the tens of thousands of other people who are in the same situation every year.

[Texas Eagle]

Okey-doke. If Floridia doesn't recognize common-law marriages, would it stand to reason that Terri would not want a philandering husband to be her guardian?

[samtheman]

Good question. Falling on deaf ears. The Judicial Gods of America have decided Terry must die. Nothing can change that.

[Emmett McCarthy]

Wrong - just "guns and money" - lawyers are the problem, never the solution.

I'm so worn out with these otherwise sensible legal angles because we need to see clearly that there is no law involved here, but only the rulings by fools in black robes.

"Authority" issues from God - the Author of all. "Power" is simply force which must be used judiciously and only in the exercise of genuine authority. We seem to have no authority involved here, but only a conflict involving power and our side has backed away which means the dark side will be even more powerful the next time. The reason we have no authority involved here is that no one in a position to do so will lay claim to that authority and use the powers available to them to act on it.

The demons howl with delight.

[XenaLee]

Judge Greer needs to be impeached or at the very least, removed from the bench. And ASAP before he can have the blood of yet another woman on his hands (Terri will make two that I know of that whose deaths he'll have been responsible for).

[backtothestreets]

I went through this with my Dad. He had requested that he die at home. He had given me explicit orders in a health care directive that said there was to be no nourishment or hydration beyond what he could take orally. He also requested only pain medication that could be administered orally.

In his last week he could no longer eat, and the evening before he passed away he was no longer capable of swallowing. His lips became parched, and I did use ice to try and relieve any discomfort he might be experiencing. In hindsight, it was an act of mercy that probably comforted me more than him. The more difficult aspect was the pain medication. He was no longer capable of swallowing and though seemingly unconsciousness, he had an anguished look on his face I wanted so much to relieve, but had no means to do so.

I hope Terri is receiving pain medication by whatever means possible.

[FairOpinion]

Nurses gave sworn affidavits that they gave Terri water and jello and she swallowed them and enjoyed them.

Another doctor pointed out the obvious, that Terri is not drooling, which means, that she is swallowing her own saliva, about 2 liters a day and that it's actually hard to swallow your own saliva.

Also it is well known, that many times in nursing home people are put on feeding tubes not because they can't swallo, but for the convenience of the staff, who can't spend time spoonfeeding the patients. In this case MS requested that Terri be put on a feeding tube, and MS didn't allow a swallow test for Terri.

Also note the Greer's order didn't order the removal of the feeding tube, but specifically ordered that no nourishment or hydration be given to Terri -- by any method, period.

Why do you think that is? Was he afraid that if they start feeding Terri, they will discover that she can swallow and doesn't need the feeding tube?

[UCANSEE2]

She can't swallow. If you put water in her mouth, it will go into her lungs. A small amount would cause an infection; a larger amount would make her drown

Let's say that's true. Especially after being deprived of swallowing therapy for ten years. Wouldn't you agree?

Now. There are others in this nation dependant on the very same type gastostomy tube. ( A nurse helped me with that!)

Why pull it?

If I were to make the Judge have to FIND his own food, how do you think he would do? He is legally blind. Disabled. He could swallow poison and not know it. I know, he doesn't want to die. Even though he is a problem to care for for those around him.

What was best for Terri was the care of her parents, and I think that that would have been something Michael would have agreed to ten years ago.

Can you not see yourself in his situation?

His choices are not logical, Mr. Spock! : )

[pineconeland]

Anyone who has power over this decision should have the grace to forgo food and water themselves until Terri dies. This would include Michael, the judges, the police who are 'guarding' Terri against an 'assault' of food and water provided by her parents.

Remember that old experiment about the college students who were allowed to punish subjects who they had wired up to electric shocks? How the punisher escalated their punishments very quickly?

Would they have done so if they had to take the shock equally with their victim?

 

[deport]

I understand that Judge Greer is apparently able to enforce the removal of the feeding tube at Michael Schiavo's request. I'm assuming that he cites the feeding tube as "medical treatment."

---

I can't answer your question specifically but the following gets to the feeding tube .....

765.101 Definitions.--As used in this chapter:

(10) "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.

[solo gringo]

Terri killer husband says he wants to be by her side until she passes so he is staying at the hospices not to be with her but for protection from the public they would make dog meat of him if he tried to walk the street IMHO.

[Boardwalk]

Imagine just how comforted Terri is by the sight of Felos and the husband!? She has been granted a fate worse than death IMO!

[org.whodat]

Ok, I read the rant, now where is the legal question??

[speekinout]

I have never heard or read a statement by her blood relatives aying that a feeding tube is not necessary, or that she could be fed orally. I think you are right; I thought it was that she was unable to swallow.

Yes. I don't know if you read any of the reports from her guardians ad litem (she had at least 3). She can't swallow anything. If she could take water or anything orally, this would be a different discussion.

[ordinaryguy]

That would be my guess. Unfortunately, the judge isn't considering that. If I were the judge, Terri would have had an nice Easter dinner today.

[pies]

"Terri killer husband says he wants to be by her side until she passes so he is staying at the hospices not to be with her but for protection from the public they would make dog meat of him if he tried to walk the street IMHO."


I know I wouldn't want to be him for the rest of his life.