You hit the nail on the head. The "legal presumption" in incapacity cases is what's at stake here, and it's a HUGE issue that goes way beyond Terri. Florida law says that the judge must presume against withholding feeding, unless there is clear and convincing evidence that that's what the patient wants. AS a Florida Internation U. Law Professor wrote in the Miami Heral last week, obviously there isn't "clear and convincing" evidence that Terri would want to have nutition and water withheld. All they have are ambiguous statements, offered into evidence as hearsay, annd there are statements that go both ways. So in the absense of clear evidence pointing one way, you don't withhold the nutrition. The law prof. wrote that it was "shocking" that greer had order nutrition withheld, on such flimsy evidence. Essentially, as you say, he's turned the presumptions on their head - - he's presuming for death, not for life. If this is a change that society is going to make, the legislative branch must do so - - NOT the judiciary. Felos seems to want to get it done through the courts.
Right now, the law presumes do all in the absence of documentation to the contrary. I think attorneys like felos want to change the presumption to death.
You hit the nail on the head. The "legal presumption" in incapacity cases is what's at stake here, and it's a HUGE issue that goes way beyond Terri. Florida law says that the judge must presume against withholding feeding, unless there is clear and convincing evidence that that's what the patient wants. AS a Florida Internation U. Law Professor wrote in the Miami Heral last week, obviously there isn't "clear and convincing" evidence that Terri would want to have nutition and water withheld. All they have are ambiguous statements, offered into evidence as hearsay, annd there are statements that go both ways. So in the absense of clear evidence pointing one way, you don't withhold the nutrition. The law prof. wrote that it was "shocking" that greer had order nutrition withheld, on such flimsy evidence. Essentially, as you say, he's turned the presumptions on their head - - he's presuming for death, not for life. If this is a change that society is going to make, the legislative branch must do so - - NOT the judiciary. Felos seems to want to get it done through the courts.
That sums it up nicely!