Posted on 04/07/2005 3:12:55 PM PDT by churchillbuff
This is so bad, butI suppose we need to be aware of articles like this.
Terri PING
He did not. He made a finding of fact, not supported by the Guardian Ad Litem employed for Terri Schiavo, when he declared the death sentence for Terri.
The Law
(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.
Reading the copy of the February 11 2000 order to kill Terri, it seems that Judge Greer was in error as to the law. In the decision he used the word surrogate. Surrogate is the individual designated by the incapacitated person in an advance directive to make medical decisions for the incapacitated person. There was no advance directive. Michael Schiavo was a proxy. Plus he does not provide a citation to the exception in the law which allows hearsay evidence.
90.802 Hearsay rule.--Except as provided by statute, hearsay evidence is inadmissible.
765.101 Definitions.--As used in this chapter:
(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.
http://www.miami.edu/ethics2/schiavo/021100-Trial%20Ct%20Order%200200.pdf
THANK YOU
This author is just another scumbag who tries to use "the rule of law" to justify Schiavo's barbaric two-week murder, as if the case was a zoning dispute. Meanwhile, Terri Schiavo is dead forever.
If he was so sure that she wished to be dead, why not show pity for the innocent woman and euthanize her like a serial murderer?
Amen! Why starve and dehydrate her to death? Pure Torture!
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