Hard case, solid judging (Schiavo Case)

Washington Times ^ | 11/04/03 | Bruce Fein

[kattracks]

Florida state courts performed impeccably in determining by clear and convincing evidence that Theresa Marie Schiavo would have chosen to end life-prolonging procedures after 13 years of permanent vegetative existence. Meticulousness earmarked every proceeding over five long years to ascertain Mrs. Schiavo's prospects of recovery and wishes. The District Court of Appeal of Florida entertained four appeals. It strained the law and procedures in favor of continued life-support. Yet in Schindler vs. Schiavo (June 6, 2003), the appellate court felt constrained by Florida statutes and a right to die expounded by the Florida Supreme Court in the case of In re Guardianship of Browning (1990) to order the withdrawal of a nutrition and hydration tube from Mrs. Schiavo.

[kattracks]

The opinions of the author are not necessarily those of the poster.

[supercat]

It is about Theresa Schiavo's right to make her own decision, independent of her parents and independent of her husband.

Seems fair enough.

[T]he trial judge must make a decision that the clear and convincing evidence shows the ward would have made for herself.

So what clear and compelling evidence is there that Terri would have made the decision Michael wants to make for her? Even if she did in fact say she wouldn't want to live hooked up to a bunch of tubes, is there any evidence that she intended that to mean that she'd rather starve than accept a feeding tube? Or could it instead have meant that she would want to do anything possible to improve her condition, even if it entailed some risk?

[supercat]

Personally, from what I have seen of Terri in news clips, if it were me, I would choose anything but what has been the norm for the last 13 years.

Who among here wouldn't? Of course, Michael has been largely responsible for Terri's languishing, and should hardly be able to use it as an excuse for killing her off.

[mercy]

****She is not asleep. She lacks cognition. She sports severe contractures of her hands, elbows, knees and feet. Her brain has deteriorated from the oxygen deficit occasioned by the heart attack. By mid-1996, CAT scans of her brain revealed a severely abnormal structure. Much of her cerebral cortex has been supplanted by cerebral spinal fluid that defies medical correction. ****

Doesn't matter. She must be kept 'alive' at all costs. Because a bunch of emotional nit wits want it that way.

[kattracks]

The other side of the story.

[dasboot]

On Feb. 27, 1990, Mrs. Schiavo, then age 27, suffered a cardiac arrest caused by a potassium imbalance. [might not be true] She has never regained consciousness. [some debate about that] She has lived in nursing homes with constant care[not according to some very reliable witnesses under oath} , is fed and hydrated by tubes [motive for maintaining appearance of incapacitation] , and requires regular diaper changes. [like Gramm or Junior?]

As the court of appeal elaborated in the first appeal in 2001, Theresa subsists in a permanent vegetative state according to overwhelming evidence [overwhelming because that's what was allowed into the record]. She is not asleep [she sleeps]. She lacks cognition [she wakes]. She sports severe contractures of her hands, elbows, knees and feet. [no physical therapy...neglect] Her brain has deteriorated from the oxygen deficit occasioned by the heart attack [much assumin' there...medically and physiologically challenged by competent experts]. By mid-1996, CAT scans of her brain revealed a severely abnormal structure. Much of her cerebral cortex has been supplanted by cerebral spinal fluid that defies medical correction. [the glass is not quite empty]

Absent a biblical miracle that would recreate her brain, Theresa is destined for an unconscious, nonsapient existence totally dependent on others. [the probably erronious assumptions upon which the whole of the gentleman's opinion rests...and which render the adjudications moot..fruit of a poisonous tree]

[supercat]

But isn't Terri's doctor primarily responsible for whatever treatment she receives?? How can Michael be held responsible for what her primary care physician decides to do??

I'm confused here; are you suggesting that Michael has been trying to get therapy for Terri, and make her life pleasant and cheery, but an evil nasty primary-care-physiscian is preventing it?

[Mo1]

[T]he trial judge must make a decision that the clear and convincing evidence shows the ward would have made for herself. It is a thankless task, and one to be undertaken with care, objectivity, and a cautious legal standard designed to promote the value of life. But it is also a necessary function if all people are to be entitled to a personalized decision about life-prolonging procedures independent of the subjective and conflicting assessments of their friends and relatives."

I realize there are times that Judges have to make tough calls

But what are people to do, when many of the judges in a case have a conflict of interest?

[MSCASEY]

Gee my ex-brother in law also lacks cognition in many ways due to downs syndrom. Guess we should get rid of all of them too! But I would much rather lack cognition that heart and soul!!!

MCD

[dasboot]

Doesn't matter. She must be kept 'alive' at all costs. Because a bunch of emotional nit wits want it that way.

You paint with a broad brush, and assume that what is officially recorded in the court documents is fact.

This emotional nitwit wants her kept alive because she may be the victim of foul play; because she may be the victim of criminal neglect; she may be the victim in a death-for-dollars conspiracy; she may not be a vegatable.

A reasonable suspicion exists as to the veracity of underlying facts upon which the case progressed through the courts. This reasonable suspicion is a trigger for the state's duty to protect her. Slow down....if everything is as is claimed in the court record, there'll be time to kill her tomorrow.

The reason this case must be scrutinized carefully is because of the nature of the hospice "industry" that has sprung up. There is the plain motive for providers and associated 'trades' to create hospice cases when the run out of actual vegatables with living wills. This stuff happens. I smell a rat. I have a little experience with rats.

[skr]

Yes, as her guardian he can and has limited her treatments, as well as declining treatment altogether on occasion. He won't allow them to even brush her teeth which is one way to guarantee infection. He doesn't allow her to be taken outside or any kind of mental stimulation that might have a therapeutic effect. Nurses have testified that they were told to do whatever he said without question and without consulting the doctor. Her now-off-the-case doctor had only seen her three times this year, hardly a good record on overseeing her well-being. Michael has signed her out of hospitals before treatments were completed, and moved her from other care facilities when they could not legally or ethically withhold treatment from her. Apparently the one she's in now, since it's a hospice run by euthanasia advocates, has no such qualms.

[AnimalLover]

Check out this posting on Judicial Watch. Anyone care
to bet if anything comes of this?

http://www.judicialwatch.org/archive/2003/schiavo2.pdf

[syriacus]

Michael Schiavo said on Larry King Live:
Now, Terri makes the same noises for the last 14 years. She's made the same facial expressions.

	Something's changed, Michael. 14 years ago you were gazing at Terri as though she were "in there."

[mercy]

Is the brain of your Down Syndrome relative largely eaten away and replaced by spinal syndrome?

Try and pay attention to the facts. Liberal.

[mercy]

You smell a rat so you want to keep this poor shell of a woman vegetating so you can further your political motives. You YOU YOU.

God save me from the likes of You. This womans brain is gone but because you see her eyes open and following a balloon you make the decision to prolong her condition. A worm can follow a light source. A plant can follow a light source.

The cat-scan is a fake. Right. That's the ticket. And ... and .... it's a conspiricy. Yeah a conspiricy!

Nitwits.

[tertiary01]

Change your name because you lack the cognition to discern that it is the opposite of your true views. MAYBE YOU NEED TO BE PLACED IN A CELL AND DENIED "LIFE SUPPORT". Terri is not in a persistive vegetative state, and can possibly be rehabed.

[mercy]

Fourteen years ago there was some hope.

That seems kinda obvious to anyone with a shred of honesty and using the merest shred of decency in their assesment.

The man wants his wife's body to die because he now knows she is not in there anymore and never will be again. You Terri crusaders have slandered him enough I think.

You all better hope the Lord was not speaking precisely and literally when he said, "As you sow so shall you reap."