Terri's Life

I've been following the case of Terri Schiavo since the begining. I, along with many other across the country, have developed a personal attachment to Terri. For some reason, I think most of us realize we could be in her postition someday. I heard her husband speak and he considers it an act of mercy to let her die. I heard her parents speak and they do not wish to watch their child die of starvation. It comes down to the question when is does life no longer hold value and who gets to decide? I've said before I think Terri's life has had a tremendous impact on all of us. She has caused us to ask tough questions. I think her life does have value and it is not up to us to say otherwise. As this case progresses I will post updates on Terri. Her feeding tube is scheduled to be removed Feb. 22. Please keep her and her family in your prayers. For more information click the banner at the top of this page.
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The husband of a severely brain-damaged woman believes he can remove the feeding tube keeping her alive Feb. 22, but an attorney for her parents said Wednesday that pending legal issues likely will keep it from happening that soon.Having suffered another round of losses at the state 2nd District Court of Appeal last week, Terri's Schiavo's parents now are focusing on issues pending in the state court to block their son-in-law, Michael Schiavo, from stopping the feedings.Michael Schiavo's attorney, George Felos, said he believes the feeding tube can legally be removed for a third and final time Feb. 22. That's when the 2nd DCA is expected to issue its mandate or final order on last week's rulings and a stay by state Circuit Judge George W. Greer preventing the tube's removal will expire.``Assuming the mandate does issue on Feb. 22, then the last stay in place automatically ends and Mr. Schiavo is authorized to direct the removal of the artificial life support,'' Felos said.But Barbara Weller, an attorney for Terri's parents, Bob and Mary Schindler, said other issues pending before Greer likely will compel the judge to again delay the tube's removal.``I think (a Feb. 22 removal) is unlikely, but you can't make any predictions in this case,'' Weller said. ``There are still way too many legal issues outstanding to be considered.''Terri Schiavo, 41, suffered severe brain damage 15 years ago when her heart stopped because of a potassium imbalance brought on by an eating disorder. Her husband says she once told him she would not want to be kept alive artificially, but she left no written instructions.Her parents dispute that, saying Michael Schiavo wants her dead so he collect what remains of a $1 million medical malpractice judgment their daughter received. She lives in a Pinellas Park hospice and can breathe on her own but requires the feeding tube for nutrition and hydration.Twice before in 2001 and 2003, Michael Schiavo had the tube removed but the Schindlers were able to get it reinserted before their daughter died -- first under a judge's order and then when the Legislature and Gov. Jeb Bush hastily enacted a bill giving the governor power to step in. The Florida Supreme Court ruled that law unconstitutional last year.Perhaps the Schindlers' best hope for another delay is a motion in which their attorneys claim the 2000 order issued by Greer allowing Michael Schiavo to stop the feedings is illegal because Terri has never been represented by her own attorney.Greer said he would rule Friday on whether to allow that motion be heard. If the Schindlers lose, their attorneys will appeal and ask for another stay, Weller said.She said they also planned to ask the U.S. Supreme Court to consider their claim that Terri Schiavo should be spared based on statements by Pope John Paul II that people in vegetative states have a right to nutrition and hydration. They say Terri, as a practicing Roman Catholic, would have obeyed the pope and would not choose to have her tube removed. Greer and the 2nd DCA already have ruled against them.Also pending before Greer is an effort to remove Michael Schiavo as his wife's legal guardian.Felos said he believes Michael Schiavo needs no further direction from the court to stop his wife's feedings after the 2nd DCA issues its mandate. Weller said she believes it will require another order from Greer setting a date and time. Greer said Thursday he will wait for the appeals court mandate to tell him how to proceed.

1 comment:

Anonymous said...

Concerning Terri Schiavo:
The absolute legal protection provided by Florida and
Federal law concerning witholding water and food from the disabled:

Michael Schiavo can ONLY remove the feeding tube if that act does not
interfere with providing Terri water and food. What Michael did last
time was absolutely illegal and he should be in jail for it, witholding
water and food.

The Americans with Disabilities Act (ADA),
42 U.S.C. Sections 12101 provides that
necessary and appropriate rehabilitation
services and physical/motor skill therapy
may not be denied a substantially disabled
patient in the United States of America.

Cf 28 CFR, Ch 1, Subpart B, Sect 35.130
States "Nothing in the Act or this part
authorizes the representative or guardian
of an individual with a disability to
decline FOOD, WATER, medical treatment, or
medical services for that individual."
http://www.apfn.org/apfn/Terri.htm