Schiavo lawyers challenge 'Terri's Law'

AP | 10/29/03

[kattracks]

CLEARWATER, Fla. (AP) — A hastily passed state law that empowered Gov. Jeb Bush to keep a severely brain-damaged woman alive is unconstitutional, attorneys for the woman's husband claimed Wednesday.

In a court filing, attorneys for Michael Schiavo challenged what Florida lawmakers dubbed "Terri's Law," which gave Bush the authority to order Terri Schiavo's feeding tube be reinserted Oct. 21. They asked that the law be overturned.

The filing's major contentions are that the law violates Terri Schiavo's right to privacy under the Florida Constitution and the separation of power provisions of the state constitution.

Michael Schiavo has been battling in court for years to carry out what he says is his wife's wish to not be kept alive artificially.

His in-laws, Bob and Mary Schindler, have fought him, saying their daughter had no such wishes and is not in a permanent vegetative state, as a probate judge has declared. They say she is responsive and could improve with therapy.

[Legerdemain]

The quack was the doctor used by terri's family...proven....

[Bob J]

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[GeekDejure]

The Will to Live

When Marjorie Nighbert entered a nursing home after having a stroke, she did not expect to be starved to death, but that is what happened when she became a victim of her own "wishes."

Like many people, she did not want her life to be prolonged when death was imminent. So Nighbert created a durable power of attorney (DPA), in which she gave her brother control over medical decisions in case she could not make them for herself. And according to the family lawyer, Nighbert said she did not want a feeding tube if she became terminally ill.

When Nighbert fell ill the nursing home followed the orders of the DPA and denied her food and water for two weeks. But then something unexpected happened: She asked to be fed. A court battle ensued, and the court ultimately upheld the nursing home's decision to deny Nighbert food and water. According to the judge, Nighbert was not competent to ask for food, and to give her food would constitute "extraordinary means."

Nighbert died on April 6, 1995.

In recent years we have heard a lot about the "right to die." Many organizations, such as Choice in Dying, and even President Clinton, promote living wills as a way for people to control when and how they will die. Yet, as Nighbert's story illustrates, nothing could be further from the truth: Many people sign living wills without realizing that they may be signing their own death certificates.

The inherent danger in the living will is that the terms in the document may not mean what a person thinks they mean or they may be dangerously vague. Webster's Dictionary defines "terminal" as "of or in the final stages of a fatal disease." Similarly, the average person thinks that "terminally ill" means that death cannot be prevented even with medical treatment. But in 24 states, for the purposes of the living will, a person is legally in a "terminal condition" even if her life could be saved by medical treatment, as long as she would still have a permanent disability of some kind. In fact, many living wills stipulate that "life-sustaining" treatment, including food and water, will not be administered if the person is in a "terminal" condition, even if the condition is non-fatal.

The purpose of any medical treatment is to sustain, if not prolong, life. Unfortunately, many people who sign living wills may be completely unaware that they are agreeing to their own starvation.

The issue at hand is not about keeping people alive at all cost simply because the medical technology is available; the issue is about protecting people who are being denied medical treatment and being starved to death merely because they are ill. What kind of message does this send to the infirm? Instead of creating a society where the sick are treated with compassion and care, we are creating an atmosphere of death.

To prevent people from suffering the same fate as Marjorie Nighbert, the National Right to Life Committee (NRLC) has created the Will to Live. This differs from the living will by being based on a general presumption for life. It is also much more detailed to avoid ambiguities that could later be interpreted in favor of death. Currently, the Will to Live is complete for fourteen states: Alaska, Arizona, Georgia, Idaho, Kansas, Kentucky, Maine, New Mexico, New York, North Dakota, South Dakota, Washington, West Virginia and the District of Columbia. The other states are in various stages of preparation and will be completed soon.

If you would like a Will to Live for one of the states mentioned, send a business size, self- addressed, stamped envelope to:

The Will to Live Project
419 7th Street, NW, Suite 500
Washington, D.C. 20004.

Anne E. Brennan
Reprinted from The American Feminist, Winter 1995/1996

[pickyourpoison]

One thing that has saved Terri so far has been the enormous outcry from many people. Any one of us know that at some point, this could be us in her position.
We have to continue this fight and put a stop to this.
A criminal on death row gets a last meal and the needle. I'd rather go that way than be starved to death.

[Aliska]

Judy has no rights.

She would undoubtedly be entitled to child support under Florida law if they were to part company. BTW, it's Jodi.

[Theodore R.]

Yet, Michael R. Schiavo led Larry King to believe that he had only one out-of-wedlock child: he has THREE now.

[UCANSEE2]

Thanks for correcting me on her name.

You say (and I'm not arguing with you) that Even though Married to Terri still, and not married to Jody, and I believe I heard Fl. has no commonlaw wife law, she is entitled to child support?

[Legerdemain]

Re: Schiavo lawyers challenge 'Terri's Law' From amdgmary | 10/29/2003 4:09 PM PST new Legerdemain, Medical records indicate that Michael Schiavo tried to strangle his wife, Terri, the night she collapsed in 1990. Michael won a $1.2 million dollar malpractice suit several years later. Shortly after he won this large amount of money, he hired a lawyer to have Terri's feeding tube removed. A large part of the money Michael won ($700,000) was placed in a trust fund to be used soley for Terri's care, therapy, and medical expenses. Michael used all the money for his personal use (a new Mercedes and house) and for his attorney's fees ($500,000). Michael currently lives with his girlfriend of 7 years (Jody Centonze) and has fathered 2 children with her. Michael also has a 12 year old child from an adulterous relationship that he had with a co-worker during his marriage to Terri. I know Terri's family personally. All they want is to take care of their daughter.

I don't believe you know them personally....I have had over 20 letters as the one above...

where are the charges and the trial in the last 13 years if he "attemped" to murder his wife...me thinks this is hype to sidetrack the issues...13 years, no charges.....won a malpractice suit against the doctor.....things don't stack up. Bottom line, he is her husband, he knows her wishes, he should be able to pull the tube...and he will after the court challenges. If not, it will be a sad day of legislative and judicial gerrymandering.

[Legerdemain]

And Saddam was IRAQI's BIG DADDY TOO......was that ok also????

so, what does that have to do with the price of eggs...

[Theodore R.]

What will happen the next time there is another Terri Schiavo in Florida? Will the legislature pass another special law?


Fine with me. If the legislature needs to pass a "special law" to correct abuses of the judiciary, more power to them!

[UCANSEE2]

A longtime friend of terri's that was there watching the movie that night says terri's remark was totally different. That Someone made a remark about Karen being a vegetable, and Terri reprimanded that person and couldn't believe they could be so cold.

MICHAEL's brother is lying.

[FR_addict]

Just because he is her husband, does not mean he owns her.
He was not the first guardian in this case. There was a court appointed guardian that said she should not have her feeding tube removed on Michael's say so. Michael's attorney managed to get Judge Greer to appoint Michael and remove the other guardian. Judge Greer refused to look at the evdience and witnesses that the family had provided.

[UCANSEE2]

Proven by who,where?

You mean he was Terri's doctor. Are you saying he was their lifetime family doctor?

Where is this doctor now? Do you know?

[Legerdemain]

no, but it is my decision about what to do with my spouse in such a situation, not her parents. I would hope we would all agree, but if not, the decision is mine.......

[pickyourpoison]

I'm sure he'd have to pay child support. From what I understand the home and other possessions are in her name.
What justice, if she decides to take a hike the assets go with her.

[Aliska]

has no commonlaw wife law, she is entitled to child support?

Normally that's how it works in all 50 states. I've never heard of one case where child support was denied other than proof of non-paternity through DNA testing or possibly other proofs.

[Theodore R.]

I am still trying to find out this:

Did Michael R. Schiavo or did he not dehydrate and starve his poor parents to hasten their death? In the Monday night interview with Larry King he seemed to have indicated that he had done so, but he was somewhat unclear on that point. I suspect that he has not starved the parents, but if he did, wasn't he "dumb" to admit that he had done so on national television? Of course, he was defending how "painless" is dehydration and starvation for the "PVS" patient. I bet he has no "living will" that authorizes starvation and dehydration for himself should he become PVS!

Larry King failed miserably to ask the proper questions. If anyone else had done his interview as poorly as King, he would have lost his show.

[GeekDejure]

One thing that has saved Terri so far has been the enormous outcry from many people. Any one of us know that at some point, this could be us in her position. We have to continue this fight and put a stop to this. A criminal on death row gets a last meal and the needle. I'd rather go that way than be starved to death.

Yes, I agree... but when I post my opinions in the font that best suits my severe vision problems, I get thumped by unhappy Freepers who then hit the Abuse button and complain bitterly to Admin Moderator... who then instructs me not to use "huge" fonts... but then refuses my 6 repeated requests for an answer to my question, e.g.:

What constitutes "huge"??? That is to say, what is the maximum size font that I can use without being scolded for use thereof ???

But I received no answer. Why??? Was that such a difficult question??? Or is someone just looking for an excuse to pull my FR feeding tube???

Here's an example of my supposed criminal activity:

And what makes you think Mikey would give $500,000 to his lawers in order to have Terri exterminated and then immediately cremated if he wasn't trying desperately to cover his own ass regarding what he physically did to Terri??? Come on . . . $500,000 just to carry out her supposed wish to have her tube disconnected??? Get serious!!!

.

[UCANSEE2]

Thank you both for responding. I have to assume you are correct. It is something I had never had a reason to investigate.

[cyn]

Michael says she should die.

Terri's family wants her to live.
(father, mother, brother, sister)

Michael has a new life
(fiancee, two (3, if there's a 14 yo) children)

Let Michael put this behind himl
Let him get on with his life.

And let Terri get on with hers.