Starving Terri Schiavo is Illegal Assisted Suicide

The Karl Hess Blog ^ | March 26, 2005 | J. Neil Schulman

[J. Neil Schulman]

Starving Terri Schiavo is Illegal Assisted Suicide

Judge Greer's decision is controlled by Florida law, specifically Florida's Health Care Advance Directives, Chapter 365 of Florida Statutes.

The judge may only rule on questions of fact and law relating to these provisions. He may not write new law from the bench.

Judge Greer ruled that Michael Shiavo, Terry Shiavo's husband, was legally entitled to act in place of Terri and carry out her wishes regarding her medical treatment. He ruled that Terri was in a persistent vegetative state and would have wished to refuse artificial extension of her life by medical means, such as a gastric feeding tube providing her artificial sustenance and hydration.

But that ends the scope of Michael Shiavo's guardianship and Judge Greer's authority.

Judge Greer, as finder of fact, has determined that Terri would wish to die. By forbidding Terri's father, mother, sister, brother, and other volunteers from attempting to give Terri water or liquid nourishment by mouth -- testing whether she currently has the capability to swallow -- the hospice personnel, Michael Schiavo, and Judge Greer are engaging in an attempt at assisted suicide, which is forbidden by Florida law, and for which the only exemption contemplated by Florida statute is artificial provision of sustenance or hydration. Giving water and liquid nourishment orally, which is being interrupted by Terri's enforced isolation as a patient in the hospice, is not artificial. It is natural. And allowing the giving of swallowing assistance for liquids for sustenance and hydration to an otherwise healthy mentally handicapped woman is not artificial use of medical means to extend Terri Schiavo's life.

For Michael Shiavo to act to end Terry's life beyond what is permitted by Florida law is either homicide, if Terri would not have agreed, or assisted suicide, if she would have agreed. Both are forbidden by Florida law. Judge Greer may not issue a court order, and hospice personnel and police, may not enact or enforce a court order, which is contrary to Florida law. To do so is abuse of power under color of authority, and may be stopped by any law-enforcement or judicial officer in Florida, local, county, or state.

Governor Bush should immediately take custody of Terri Schiavo as the chief law-enforcement officer of the State of Florida, and cause her medical condition to be stabilized. No court order is necessary for any law-enforcement officer to stop a felony in progress.

Florida Attorney General Charlie Crist should issue warrants for the arrest of Michael Shiavo and all hospice personnel in charge of Terri who are forbidding her liquid nourishment and water for conspiracy to engage in illegal assisted suicide, and Judge Greer should be arrested for abuse of power under color of authority for issuing directives beyond the scope of his charge.

The cases should be placed before a Grand Jury and prosecuted.

J. Neil Schulman
March 26, 2005

FLORIDA
CHAPTER 765

HEALTH CARE ADVANCE DIRECTIVES

PART I

GENERAL PROVISIONS (ss. 765.101-765.113)

PART III

LIFE-PROLONGING PROCEDURES (ss. 765.301-765.309)765.101 Definitions.--As used in this chapter:

(10) "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.

765.309 Mercy killing or euthanasia not authorized; suicide distinguished.--

(1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. (2) The withholding or withdrawal of life-prolonging procedures from a patient in accordance with any provision of this chapter does not, for any purpose, constitute a suicide.

posted by J. Neil Schulman at 10:12 AM

| 0 comments   

[eccentric]

suicide? No, it's assisted murder. Even Kevorkian got his victims' death wishes recorded on tape. Where proof of Terri's death wish?

[tomahawk]

Excellent analysis. Are you an attorney?

[SueAngel]

Bump

[ex-Texan]

Good points! Your legal arguments make a clear case for a Grand Jury to find that Michael Schiavo and judge Greer are committing serious felonies. Even though they may not be arrested for murder, everyone involved from the Judge to the hospice to lawyers siding with them are in a conspiracy to commit the crime of assisted suicide.

Under Florida law, Jeb Bush has a positive duty to order steps be taken immediately to arrest all of them by and through the offices Attorney General. Today! Not tomorrow.

But the governor of florida will not act. He is hoping that these issues will slink quietly away after Terri dies.

[CobaltBlue]

Good argument. However, without taking the time to research Florida law, my recollection is that in 1999, Florida law was amended so that giving food and water IS "extraordinary" rather than normal and natural.

One of the legislators who sponsored this law is also on the Board of Directors for the "hospice" where Terri presently lives, and was living at the time.

[don-o]

The judge may only rule on questions of fact and law relating to these provisions. He may not write new law

Ya think??

This is a perfect time for a Chief Ex with a pair to call the judge's hand. By their inaction, the Bush brothers are saying that the judge may, indeed, legislate; or is not bound by duly passed existing legislation.

IOW, leave it to the outlaws to tell us what is what.

[J. Neil Schulman]

CobaltBlue wrote:

"Good argument. However, without taking the time to research Florida law, my recollection is that in 1999, Florida law was amended so that giving food and water IS "extraordinary" rather than normal and natural.

One of the legislators who sponsored this law is also on the Board of Directors for the "hospice" where Terri presently lives, and was living at the time."

I am quoting the Florida statutes as of 2004.

Neil

[J. Neil Schulman]

CobaltBlue wrote:

"Good argument. However, without taking the time to research Florida law, my recollection is that in 1999, Florida law was amended so that giving food and water IS "extraordinary" rather than normal and natural. One of the legislators who sponsored this law is also on the Board of Directors for the "hospice" where Terri presently lives, and was living at the time."

I was quoting the Florida statutes as of 2004.

Neil

[McGavin999]

No, it's legal murder. The problem is, the Florida legislature pass the law that is allowing this. I'm sure that at the time, they didn't understand what they were doing. That is frequently the case for lawmakers who tend to sign onto bills without reading or understanding what they mean.

[J. Neil Schulman]

Everybody please note: this legal argument hinges on distinguishing between "artificial" provision of sustenance and hydration (a feeding tube or intravenous, which are artificial medical means) and providing sustenance and hydration orally, which is natural and not a medical procedure for artificially extending life.

Since Florida law is clear in its definition of what does and does not constitute assisted suicide, and the law only exempts artificial means of giving sustenance and hydration, the failure to provide Terri Schiavo natural means of sustenance and hydration constitutes assisted suicide, is illegal, and may be stopped by any sworn law-enforcement or judicial officer of the State of Florida without first seeking to overturn Judge Greer's order.

[Schwarzeneger]

Jeb Bush should get control of this situation happening in his State. He should replace the Sherrif's office people with State Police and he should Go down there himself and get Ms. Schiavo out before its too late, or this will haunt him for the rest of his life. He is the executive in the State and he is letting a Judge control everything thats happening. It's the sign of a weak Executive, ( and thats coming from someone who respects Jeb Bush). Get your people down there and then don't allow anyone to kill this woman. This is heinous. Look to principal.

[Schwarzeneger]

Principled Right Action now may lose in the short run....but it always gains in the long run.

[rpavlock]

Sorry. Teri is in God's hands and if he sees fit for a miracle, it'll happen, despite the law, family ect.

[J. Neil Schulman]

rpavlock wrote: "Sorry. Teri is in God's hands and if he sees fit for a miracle, it'll happen, despite the law, family ect."

God is testing the reverence for life and moral courage of those officials in Florida who hold Terri Schiavo's life in their hands.

If I were Governor Bush, I'd be praying that God is grading on a curve and that this isn't pass-fail.

[CobaltBlue]

I want to re-iterate that I like your argument, and also mention that I am a fan of your books.

Here is the statutory provision I am talking about.

>>(10) "Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.<<
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0765/SEC101.HTM&Title=-%3E1999-%3ECh0765-%3ESection%20101

Read in the context of the entire Health Care Directives statutory scheme, the way I read this is that when a person says they don't want their life artificially prolonged, that means that the state can withdraw food and water.

If you scroll down further, the code provides that this is neither euthanasia nor suicide.

765.309 Mercy killing or euthanasia not authorized; suicide distinguished.--

(1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

(2) The withholding or withdrawal of life-prolonging procedures from a patient in accordance with any provision of this chapter does not, for any purpose, constitute a suicide.

History.--s. 4, ch. 92-199.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0765/ch0765.htm

I find this morally repugnant, and have changed my mind about retiring to Florida. I'd rather live someplace that values life.

[rpavlock]

"God is testing the reverence for life and moral courage of those officials in Florida who hold Terri Schiavo's life in their hands. "

So God will withold a miracle to "test" the rest of us?

[J. Neil Schulman]

rpavlock wrote:

"God is testing the reverence for life and moral courage of those officials in Florida who hold Terri Schiavo's life in their hands. "

So God will withold a miracle to "test" the rest of us?

Wow. You sound like one of those socialists who talk about a reduction in taxes as a government benefit! Do you think God owes us miracles and is "withholding" them?