Liberals Are Starving Terri - Not Jeb Bush

March 31, 2005 | watchdog_writer

[watchdog_writer]

Dick Morris said:  Gov. Jeb Bush (R-Fla.) better look for a new line of work. The right is mad at him for not standing in the hospice door.

A little knowledge of the law in Florida may be helpful. Maybe then laymen will be able to better understand that it was the liberals in the Florida Legislature that set the stage for this calamity.

765.101 Definitions.--As used in this chapter:

(1) "Advance directive" means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift made pursuant to part X of chapter 732.

(2) "Attending physician" means the primary physician who has responsibility for the treatment and care of the patient.

(3) "Close personal friend" means any person 18 years of age or older who has exhibited special care and concern for the patient, and who presents an affidavit to the health care facility or to the attending or treating physician stating that he or she is a friend of the patient; is willing and able to become involved in the patient's health care; and has maintained such regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs.

(4) "End-stage condition" means an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective.

(5) "Health care decision" means:

(a) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life-prolonging procedures.

(b) The decision to apply for private, public, government, or veterans' benefits to defray the cost of health care.

(c) The right of access to all records of the principal reasonably necessary for a health care surrogate to make decisions involving health care and to apply for benefits.

(d) The decision to make an anatomical gift pursuant to part X of chapter 732.

(6) "Health care facility" means a hospital, nursing home, hospice, home health agency, or health maintenance organization licensed in this state, or any facility subject to part I of chapter 394.

(7) "Health care provider" or "provider" means any person licensed, certified, or otherwise authorized by law to administer health care in the ordinary course of business or practice of a profession.

(8) "Incapacity" or "incompetent" means the patient is physically or mentally unable to communicate a willful and knowing health care decision. For the purposes of making an anatomical gift, the term also includes a patient who is deceased.

(9) "Informed consent" means consent voluntarily given by a person after a sufficient explanation and disclosure of the subject matter involved to enable that person to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedures, and to make a knowing health care decision without coercion or undue influence.

(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.

(11) "Living will" or "declaration" means:

(a) A witnessed document in writing, voluntarily executed by the principal in accordance with s. 765.302; or

(b) A witnessed oral statement made by the principal expressing the principal's instructions concerning life-prolonging procedures.

(12) "Persistent vegetative state" means a permanent and irreversible condition of unconsciousness in which there is:

(a) The absence of voluntary action or cognitive behavior of any kind.

(b) An inability to communicate or interact purposefully with the environment.

(13) "Physician" means a person licensed pursuant to chapter 458 or chapter 459.

(14) "Principal" means a competent adult executing an advance directive and on whose behalf health care decisions are to be made.

(15) "Proxy" means a competent adult who has not been expressly designated to make health care decisions for a particular incapacitated individual, but who, nevertheless, is authorized pursuant to s. 765.401 to make health care decisions for such individual.

(16) "Surrogate" means any competent adult expressly designated by a principal to make health care decisions on behalf of the principal upon the principal's incapacity.

(17) "Terminal condition" means a condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death.

765.401 The proxy.--

(1) If an incapacitated or developmentally disabled patient has not executed an advance directive, or designated a surrogate to execute an advance directive, or the designated or alternate surrogate is no longer available to make health care decisions, health care decisions may be made for the patient by any of the following individuals, in the following order of priority, if no individual in a prior class is reasonably available, willing, or competent to act:

(a) The judicially appointed guardian of the patient or the guardian advocate of the person having a developmental disability as defined in s. 393.063, who has been authorized to consent to medical treatment, if such guardian has previously been appointed; however, this paragraph shall not be construed to require such appointment before a treatment decision can be made under this subsection;

(b) The patient's spouse;

(c) An adult child of the patient, or if the patient has more than one adult child, a majority of the adult children who are reasonably available for consultation;

(d) A parent of the patient;

(e) The adult sibling of the patient or, if the patient has more than one sibling, a majority of the adult siblings who are reasonably available for consultation;

(f) An adult relative of the patient who has exhibited special care and concern for the patient and who has maintained regular contact with the patient and who is familiar with the patient's activities, health, and religious or moral beliefs; or

(g) A close friend of the patient.

(h) A clinical social worker licensed pursuant to chapter 491, or who is a graduate of a court-approved guardianship program. Such a proxy must be selected by the provider's bioethics committee and must not be employed by the provider. If the provider does not have a bioethics committee, then such a proxy may be chosen through an arrangement with the bioethics committee of another provider. The proxy will be notified that, upon request, the provider shall make available a second physician, not involved in the patient's care to assist the proxy in evaluating treatment. Decisions to withhold or withdraw life-prolonging procedures will be reviewed by the facility's bioethics committee. Documentation of efforts to locate proxies from prior classes must be recorded in the patient record.

(2) Any health care decision made under this part must be based on the proxy's informed consent and on the decision the proxy reasonably believes the patient would have made under the circumstances. If there is no indication of what the patient would have chosen, the proxy may consider the patient's best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn.

(3) Before exercising the incapacitated patient's rights to select or decline health care, the proxy must comply with the provisions of ss. 765.205 and 765.305, except that a proxy's decision to withhold or withdraw life-prolonging procedures must be supported by clear and convincing evidence that the decision would have been the one the patient would have chosen had the patient been competent or, if there is no indication of what the patient would have chosen, that the decision is in the patient's best interest.

(4) Nothing in this section shall be construed to preempt the designation of persons who may consent to the medical care or treatment of minors established pursuant to s. 743.0645. 765.404 Persistent vegetative state.--For persons in a persistent vegetative state, as determined by the attending physician in accordance with currently accepted medical standards, who have no advance directive and for whom there is no evidence indicating what the person would have wanted under such conditions, and for whom, after a reasonably diligent inquiry, no family or friends are available or willing to serve as a proxy to make health care decisions for them, life-prolonging procedures may be withheld or withdrawn under the following conditions:

(1) The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and

(2) The guardian and the person's attending physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition is permanent and that there is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. If there is no medical ethics committee at the facility, the facility must have an arrangement with the medical ethics committee of another facility or with a community-based ethics committee approved by the Florida Bio-ethics Network. The ethics committee shall review the case with the guardian, in consultation with the person's attending physician, to determine whether the condition is permanent and there is no reasonable medical probability for recovery. The individual committee members and the facility associated with an ethics committee shall not be held liable in any civil action related to the performance of any duties required in this subsection.

765.404 Persistent vegetative state.--For persons in a persistent vegetative state, as determined by the attending physician in accordance with currently accepted medical standards, who have no advance directive and for whom there is no evidence indicating what the person would have wanted under such conditions, and for whom, after a reasonably diligent inquiry, no family or friends are available or willing to serve as a proxy to make health care decisions for them, life-prolonging procedures may be withheld or withdrawn under the following conditions:

(1) The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and

(2) The guardian and the person's attending physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition is permanent and that there is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. If there is no medical ethics committee at the facility, the facility must have an arrangement with the medical ethics committee of another facility or with a community-based ethics committee approved by the Florida Bio-ethics Network. The ethics committee shall review the case with the guardian, in consultation with the person's attending physician, to determine whether the condition is permanent and there is no reasonable medical probability for recovery. The individual committee members and the facility associated with an ethics committee shall not be held liable in any civil action related to the performance of any duties required in this subsection.

765.309 Mercy killing or euthanasia not authorized; suicide distinguished.--

(1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

(2) The withholding or withdrawal of life-prolonging procedures from a patient in accordance with any provision of this chapter does not, for any purpose, constitute a suicide.

Currently the law in Florida is this: 765.305 Procedure in absence of a living will: (1) In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate designated by the patient pursuant to part II unless the designation limits the surrogate's authority to consent to the withholding or withdrawal of life-prolonging procedures.

(2) Before exercising the incompetent patient's right to forego treatment, the surrogate must be satisfied that:

(a) The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient.

(b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient's physical condition is terminal.

See Also: rule 5.900 of the Florida Probate Rules,

[Scholastic]

"law" that allows the trumping of natural human rights, is no "law" at all.

[ARCADIA]

If you want to live in a banana republic pack your bags.

There is no need to pack we are already there. This is what you get when we are told to vote for Republicans as the lesser of two evils. It doesn't work, so forget about the Kennedy, Clinton fear mongering and look at the monstrosity that we have created in our own camp.

[Scholastic]

BUMP

[FlipWilson]

Quote:" Dick Morris said: Gov. Jeb Bush (R-Fla.) better look for a new line of work. The right is mad at him for not standing in the hospice door."

Uhh Dick, he is term limited anyway and is not running for President. New line of work, hey, I know, he could be a political prognosticator such as yourself. Hell, if he is right about 2% of the time, he will already be leaps and bounds above you Dick Dick. And now its time for the Dick show, where Dick predicts the future after it has already happened. Jeeez.

[hispanichoosier]

Some on FR are so emotionally charged right now that they can't look at the situation in an objective, reasonable manner. They totally ignore the fact that the Prez, Congress, and Guv did all they could to save Terri. They wouldn't be happy unless Florida National Guardsmen or federal agents stormed Terri's hospital.

[churchillbuff]

"Liberals are starving Terri"

I wish that were true. But Judge Greer is a Republican. So are most of the 11th Circuit Judges who refused to take up the case, thumbing their nose at Congress --- including the ass (Judge Birch) who delivered an arrogant sermon criticizing Congress and the president.

Jeb Bush as governor let Greer mount a mini-insurrection and get away with it. Greer commandeered local cops and ordered them to repel a state agency and Jeb's state police. No consequences for Greer in this act of rebellion. In fact, Jeb had respectful words for the slimy judge in a newspaper interview last week. You can say that only "liberals" made this happen, but the facts say different. you can also say Jeb bears no responsibility, but an act of ommission - by a person in authority - is an act all the same.

[TAdams8591]

JEb BUSH had the ability to go in and save Terri, but his political career was more important. He stood by and watched while Terri was DEHYDRATED and STARVED to death. What a coward.

He will NEVER be president.

Will JUDGE GREER EVER be brought to Jusctice????? I think NOT!!!!!!

[TAdams8591]

Very much AGREED!!!!!!!

[engrpat]

The problem is that our legislators have allowed their rightful power to be usurped by the judicial system

Thank you for making my point. The solution to problems like this through the ballot box, not by an elected official running rough shod over another branch of government. Once that happens there is no end, no justice and no basis for a just law.

[ARCADIA]

They wouldn't be happy unless Florida National Guardsmen or federal agents stormed Terri's hospital.

I would have been happy if they simply changed a couple of words to distinguish food and water from "artificial life support". They had six years to get that done, and they haven't even tried.

[Snidely Whiplash]

Republican Governor = Shackled by Law

Yeah, that pesky Law.

SW

[FlipWilson]

Quote: "The problem is that our legislators have allowed their rightful power to be usurped by the judicial system. The only real solution here is for the legislators to force the judiciary to relent. Barring that, they need to begin disbanding, and reorganizing the judiciary. Rather than trying to impeach a judge, just eliminate his court, or a complete court system."

Yep, the real problem here is that congress waited till now to exercise its Article III powers. The Republicans have held congress for ten years and have abdicated their Article III responsibilities during that time. At least they fired the first shot in this battle, but it is too late for Terri and this issue was the wrong one to fire the FIRST shot.

Why? Because the MSM has been able to mislead a majority of Americans, most of whom were not paying attention to this matter prior to congress stepping in, and demagogue this issue. The MSM pushed the following facts to achieve the public opinion results it wants: 1) Terri was on life support (read respirator) or in a coma; 2)Terri left a living will; 3) Terri's family was in agreement that she would not want to live (this is a private matter); and 4) Terri received a full judiciary hearing no less than 14 times.

Given those facts, their are few amongst us who would not say that government should but out. (No wonder the poll results are what they are, they are, as usual, loaded.) BUT, the only reason the congress became involved in the first place is the NONE of the above assumptions were even remotely true.

So, here we are. The MSM has used this issue not so much to push a pro-death agenda as to promote a Judicial Supremacy agenda. For example, "you see, this is why the Judiciary should reign supreme, because it protects you dumb voters (we told ya so) from those Jesus freak evangelical Republicans!!!"

Of course, this has been a coordinated effort by the MSM and dems since they lost the election. Namely, they took the exit polling data (the same exit polls that had Kerry winning) and honed in on the "values" responses. But does anyone know what the question was that lead to the response being given that "values" were the most important thing to voters? Does anyone know what those "values" were? The MSM took it and ran with it. Values=Evangelicals=Jesus Freaks=White Male, Pickup Driving Hayseeds=Dangerous. Terri's tragedy has served as a convenient tool for the MSM (a large bunch of tools).

I just hope that the next issue, and there will be a next issue, where the Judicial Branch oversteps its bounds, congress is not afraid to act. What is going on now can't be allowed to stand. The Judicial Branch is simply grabbing all the power and proclaiming itself above the law. . ."holy committee of public safety Batman!!!" In the instant case, a Judge just basically said to Congress, F.U. and the Constitution you rode in on. How long before some Judge starts to decide on our foreign policy? How long before some Judge declares the Constitution Unconstitutional?

[kempo]

If we elect conservative republicans for the nest 25 to 30 years and they are allowed to appoint conservative judges ( which the democrats have been blocking for the past 5 years ) for the next 25 to 30 years it might make a difference. We have thousands of left wing judges that are ruling this country at this time. We live in a nation of laws not men. This is no banana republic.

[engrpat]

"law" that allows the trumping of natural human rights, is no "law" at all.

Just who will determine what "natural human rights" are? Your concept of a natural law may very well be different than mine or everyone elses. The problem with following a "natural law" is the same with a "living constitution"...it depends on who is doing the reading into the "living" part or the "natural" part.

[ARCADIA]

The solution to problems like this through the ballot box

When your factory starts producing crap, its time to look at the process; changing a few employees is not going to fix it. The activist judiciary has been with us since long before there was a judge Greer.

[hispanichoosier]

I would have been happy if they simply changed a couple of words to distinguish food and water from "artificial life support". They had six years to get that done, and they haven't even tried.

Great. Then lobby to get the law changed so that this doesn't happen again. Don't deflect the blame from the person that's really culpable, Michael Schiavo, though.

[brazzaville]

"Who are we going to blame, the Russians?"

If blame is important to you, you should probably lay it on Michael Schiavo.

Michael Frazier

[FlipWilson]

Quote: "Republican Governor = Shackled by Law
Yeah, that pesky Law."

Of course, had it been a dem governor and the situation been reversed, the State National Guard would have been recalled from Iraq.

[Balding_Eagle]

Once that happens there is no end, no justice and no basis for a just law.

I'll trust our founding fathers on this issue. They made provision in the Constituion (Article 3, I think it is)to do just what I outlined.

[engrpat]

law" that allows the trumping of natural human rights, is no "law" at all.

So I assume you are all in favor of a "Living Constitution". And may I ask just whose "natural law" are you going to follow?