Posted on 02/24/2005 10:44:26 PM PST by CHARLITE
I have been inundated with requests from readers to speak out on this topic, sign and forward a petition, one supporting her parent’s wishes, another allegedly supporting her wishes, as communicated by her husband and legal guardian Michael Schiavo.
Until today, I have declined to inject my personal thoughts into this discussion. There is little in this world more difficult or personal than the decisions facing the Schiavo family today. My knowledge on this matter is limited to press reports in which, as a general rule, I have no confidence at all today.
Unlike anyone else with whom I have come into contact, I prefer not to enter this discussion because I simply do not have any answers, only questions. I have not met Terri Schiavo, her husband or her parents. I am not a doctor and I have not examined her or even read a medical report of her current condition. Where I come from, collectively, this makes my opinion near worthless… which is why I’d rather not give it. However…having established my disclaimer…
For those of you unfamiliar with my previous work, I am strongly anti-abortion and anti-euthanasia.
But it’s clear (at least in my mind) that we are not discussing either abortion or euthanasia here. If Michael Schiavo was attempting to accelerate the death of his wife by some medical procedure designed to extinguish the life of one who would otherwise live without the help of any machine, that would be euthanasia and my position would be clear.
I am to understand that this is not the case. We seem to have assisted life taking place, not assisted death…
We are having this national debate simply because two concerned sides of Terri’s family are unable to agree on a proper course of action relative their loved one’s condition. As a result, the courts have been asked to act as arbiter in the matter and we find ourselves caught up in a very real drama with very real consequences.
I relate best to the parent’s position. As a parent, I’m sure I would feel exactly as Terri’s parents do, if in similar circumstances. If I could find a single doctor anywhere (and we know I could), willing to give my child a 1% chance at life, I would fight tooth and nail for that chance, as they are.
On the other hand, without benefit of first hand knowledge, I must allow at least the possibility that Michael Schiavo is truly attempting to carry out his wife’s final request. I must recognize how difficult that decision and process would be for anyone in his position, assuming honorable intentions.
The courts exist for just such an occasion, when two or more concerned parties are unable to agree. Once again, the courts have failed and this is an area of the debate I feel able to comment upon…not from a legality angle, but from a judicial obligation angle.
The court now has an obligation to all parties concerned, but most of all to Terri and it appears to me that the courts have miserably failed these people, Terri in particular.
First, it is my understanding that the courts have disallowed any medical opinions from the parent’s side of the debate. If this is true, it should be a crime. This would mean that all this time, the courts have been ruling with benefit of effectively only one medical opinion, the one allowed before the court by Michael Schiavo’s attorney, who happens to be a euthanasia attorney. (No small mistake)
One would think that in a life and death decision, all medical opinions should be allowed and respected. This does not appear to be the case and this represents the first failure of the courts.
Second, since we know what Michael Schiavo’s doctors have said and can assume that the parents would be able to find doctors willing to give an opposing diagnosis given the opportunity; this too would lead us back to the courts.
As this drama has unfolded over a period of years now, multiple courts have ruled in every direction available, leaving the family even more deeply divided than when they began.
In looking at this case, I have but one question…
Why has no court ordered a full “independent” medical evaluation of Terri Schiavo?
We know both sides can find a doctor somewhere to support their position. We also know that the family is unable to make this decision together. We know that the courts have a poor bed-side manner and are not qualified to arbitrarily make this medical decision.
So why has no court ordered the establishment of a “independent” medical review panel, made up of 3 to 5 respected medical professionals acceptable to both parties, to evaluate the true condition of this beautiful lady whose life hangs in the balance?
I can’t take a side in this debate because I do not have all the facts, neither do you and apparently, neither does any court since they have not ordered them into evidence.
As an aside, those of you who think courts should be making medical decisions better be paying close attention to this case. If you think the government, any branch, is capable of making life and death medical decisions on your behalf, you better take a close look at what is going on here…
I can’t sign a petition for either side in good conscience, any more than I can tell you with any certainty whether or not Michael Jackson is a pedophile, or just a child at heart. I simply don’t know…
I am suspicious of both Michael Schiavo and Michael Jackson, but only on the basis of demonizing press reports, in which I have little faith. Who could argue with the parents? The parents are doing what any loving parent would want to do.
The courts have been asked to help these people find a just resolution to the toughest of decisions and so far activist judges have played only an activist roll on both sides of the debate.
The court has an obligation to help Terri and her family resolve this matter.
Send me a petition demanding the court properly engage in the matter with a full independent medical review and I’ll sign it… We the people should only be demanding the truth, which is not yet visible.
But don’t ask me to make a life and death decision for another, not on the basis of the limited questionable information available at large… I’ll pass!
Comments:jbw@jb-williams.com
JB Williams maintains a website at:http://www.jbwilliams.com>
Good, very good point, and it should have been done already. Terri Schiavo isn't half as dead as Michael would like her to be.
You can't take the middle ground this late in the game. Sorry, sir...nice essay. But she's facing execution. The 11th hour draws near. Now is not the time for trying to be fair minded until all the evidence is in. See, that's the problem. All the evidence IS in, but it has not been allowed to be presented. The "courts" as described in the essay is one man, Judge George Greer. It's not a failure of a system, it's a failure (or deliberate conspiracy) by this one man.
If you believe 1/10th of what's been alleged against Greer, Michael Schiavo and George Felos, you'd err on the side of Terri's parents...if a jury got to decide, it would be a slam dunk for her family.
Saving Terri will take an ACT of GOD, because as a freeper said in another thread, this is a battle between good and evil.
I'm not satisfied to believe that Greer, Felos and Schiavo will face their reckoning at the gates of Heaven. I want a miracle NOW.
That would have been the jist of my comments had I decided it was ONLY worth ONE essay.
Thanks.
I agree. If this is going to be decided in the courts, shouldn't Teri be represented?
"I have not met Terri Schiavo, her husband or her parents. I am not a doctor and I have not examined her or even read a medical report of her current condition. Where I come from, collectively, this makes my opinion near worthless… "
There you have it; a nice way of saying whose opinion counts and whose opinion is worthless!!
From what I read, Teri had a court appointed guardian ad litem or someone like that, but when he disagreed with Michael Schiavo, Judge Greer dismissed him and appointed himself as guardian.
Bravo!
I heard earlier that it is unconstitutional for the presiding judge to be a guardian AND the judge trying the case for the same woman.
How did that turn out?
There have been so many wierd events in the years of this case that I have concluded there are others powers-that-be out there that have a strong interest in allowing her death.
This woman is not brain dead, not in an unresponsive condition. Why are we trying to kill her?
My main question is - do we wish the courts to allow any spouse the ability to kill the mate without proof of the patient's wishes. I would say having a live-in companion of several years and two children by that companion would indicate that Michael has moved on in his affections and no longer considers Terri a wife. Or, is he allowed two wives?
Are we to believe that he still loves Terri? Then what about the live-in companion and the mother of his children - what is she?
If he has new emotional ties to another woman - he then is in the position of an EX-HUSBAND - not a husband and should in no way have life or death decision making power over an invalid wife. The man is trying to rule life or death on a wife while in reality having a wife in his current home.
No way. And, no way I am in favor of ever having the power of life and death in the hands of a man caught in this situation.
Another point - he refuses to consider the parents wishes about their daughter. Why? Are they not more emotionally involved with her than he is? He has been offered cash to relinquish her care and still the man wants her dead.
Any person should ask why?
And, I don't know of any ex-husband that has two children and a live-in companion of years standing that really loves an ex-wife. It would seem that the current wife would have that affection and would then also be determining the life or death of the ex.
Hey JB, stop being so brainless! You do have 'THE FACT' that the scumbag husband LIED to a jury, saying he needed a huge financial settlement so he could take care of his wife for the rest of her life, and then immediately after getting the money, started trying to kill her. FACT!
Greetings CHARLITE! Are we actually living on the same planet? If you have actually reviewed all the evidence, there can be NO doubt whatsoever that Michale Shiavo (HINO)
wanted to be rid of Terri, one way or another, from the get go!
His total and complete failure (refusal) to act in her behalf on the night of her dire need for help, especially since he was prior trained to help in such circumstances, is all one needs to know regarding his continuing efforts to have Terri executed!
Because he fears she will be able to testify against him regarding his prior brutality, which left her near death on that night, he has done nearly everything imaginable to end her life... and his absolutely absurd DEMAND that she be IMMEDIATELY burned to a crisp on the day of her death... hence completely obliterating all evidence of his prior brutality... is all one needs to know regarding the deviant and deadly activities of the HINO !!!
Everything else falls properly into place (e.g., "Is that bitch dead yet?" ...."When is that bitch gonna die?") There is NO other reason why the HINO has refused to allow her to have much needed therapy... or even a wheelchair!
I hope and pray the HINO will not now smother her... or insert some death causing substance into her body... because he must now be in a nearly uncontrollable, desperate state of mind, needing to silence Terri permanently !!!
Wake up, CHARLITE, we are both right here on planet Earth !!!
"So why has no court ordered the establishment of a “independent” medical review panel, made up of 3 to 5 respected medical professionals acceptable to both parties, to evaluate the true condition of this beautiful lady whose life hangs in the balance?"
Took about 3 seconds to find the info below.
Doctors hired by Terri's husband say the deterioration of Terri's brain left her without thoughts or feelings, that the damage is irreversible, and that Terri's life-like appearance is merely the result of brain stem activity -- basically involuntary reflexes we all have.
An independent doctor hired by the court reached the same conclusions.
Doctors hired by Terri's parents did not dispute the physical damage done to Terri, but they claim there are new therapies that could improve her condition. In two separate trials, the trial court found such claims of potential improvement to be without merit. Terri's body continues to function without her cerebral cortex.
http://abstractappeal.com/schiavo/infopage.html
Interesting web site by a lawyer seeking to illuminate the legal ramifications. Appears to be pretty objecive?
Hullo?
I posted JB's article to stimulate comment and discussion. Just because a FReeper posts an article doesn't automatically mean that he or she agrees with the thesis, arguments or conclusions of the piece.
I happen to agree with all that you've said in your post. The only element in JB's commentary with which I agree is this. There should have been an independent expert medical panel - with no interest in which side benefitted from their conclusions - who should have done an extensive examination of Terri's condition.
Further, there should have been an intensive investigation of all aspects of abuse by Michael upon Terri prior to the "accident" which left her in this condition. Michael's statements about Terri's condition have been proven to be lies. Why wouldn't his version of the events which caused her disability also be highly questionable?
Finally, I agree with all those who say that an immediate divorce decree, should be obtained on behalf of Terri, so that her ex-husband can no longer be considered as her guardian or "acting according to her best interests."
Incidentally, I even disagree with my friend, JB, in the matter of his "no position" position in the Schaivo case. "I'll pass....." doesn't impress me, personally. If ever there was a case on which any thinking, feeling, compassionate, pro-life citizen should take a strong, resolute stand, morally, ethically, religiously and legally, this is such a case!
My friend, JB Williams, seems to start out saying that he is pro-life, but "doesn't know enough" to have an opinion, one way or another. Then he suggests an expert medical panel. Then he concludes by saying that he has decided to "pass." I don't actually understand why a good, mostly always persuasive writer would set out to address such a thumping important case of life and death, and then wimp out at the end of the piece, suggesting (as I read it) that unless all of us out here who care deeply for Terri's survival, have all the evidence, then we should all "pass" on coming to any conclusions or holding/expressing any opinions. Rather vapid conclusion, in my opinion.
So, "GeekDejure," as much as I LOVE your FReeper name, I must reiterate that not all posters put up pieces because they agree with them. Sometimes, it is just the opposite, as it is in this case. It was posted for the purpose of stimulating discussion.
How'm I doin' so far with that angle?
Char :)
It was also posted here on FR, if someone has the link.
Quote:
"For those not familiar with Terri’s case, in 1990 Terri Schindler-Schiavo collapsed in her home and suffered a ten minute loss of oxygen due to causes unknown. Her husband of six years, Michael Schiavo, although he reportedly knew CPR did not perform it and his wife suffered severe brain damage which left her badly handicapped.
Two years later, when Michael won a malpractice suit against Terri’s doctors, he claimed he needed the million dollar-plus settlement to care for her for the rest of her life. This caring ended less than five years later when, in 1998, Michael suddenly remembered (!!) that Terri had indicated to him shortly after their marriage that she would reject any life support should it someday become necessary."
Pretty darn good, by golly.
FMCDH(BITS)
Char :)
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