Constitution V Goverment

Her husband is allowed the choice because when you get married, your spouse is the one who knows your hopes, dreams and fears and ultimately your wishes. Her husband knows that she didn't and doesn't wish to be a vegetable and lie on a bed incoherent, nonresponsive, etc for god knows how long. But, her parents in their selfishness to not let her go, even though she has been gone for 15 years, won't let happen.
They are now saying that living wills don't really even matter. Although everyone should have one, if one person contests what you wished for, it can be taken to court and your wishes overturned. It is a bunch of b.S and really makes me angry!
I don't feel that when a person is brain dead and they wish to die that they should be starved to death. That is just wrong. But, there should be a way, an injection or something to ease them into the unknown. No, I am not saying we should go around and inject everyone who is in a coma or is disabled, etc. So don't try that crap on me! I am simply stating that someone who already expressed there wishes on a certain matter, and then that matter happens (such in this case) that a judge, president, etc should not be able to change it! It is such crap. This lady didn't want to be like this. And now it doesn't matter at all. They are going to keep her body alive and her soul in torture out of there own selfishness. I am so glad I don't have parents like that!
As for you questions on the government, I just don't know. I hate politics, they make me so darn angry and honestly I am not very educated in the matter.

Most common misconceptions about terri's situation

myth: terri is pvs (persistent vegetative state)
fact: the definition of pvs in florida statue 765.101:
persistent vegetative state means a permanent and irreversible condition of unconsciousness in which there is:

(a) the absence of voluntary action or cognitive behavior of any kind.
(b) an inability to communicate or interact purposefully with the environment.

Terri's behavior does not meet the medical or statutory definition of persistent vegetative state. Terri responds to stimuli, tries to communicate verbally, follows limited commands, laughs or cries in interaction with loved ones, physically distances herself from irritating or painful stimulation and watches loved ones as they move around her. None of these behaviors are simple reflexes and are, instead, voluntary and cognitive. Though terri has limitations, she does interact purposefully with her environment.

Myth: terri does not need rehabilitation
fact: florida statute 744.3215 rights of persons determined incapacitated:

(1) a person who has been determined to be incapacitated retains the right
(i) to receive necessary services and rehabilitation.

This is a retained right that a guardian cannot take away. Additionally, it does not make exception for pvs patients. Terri has illegally been denied rehabilitation - as many nurses have sworn in affidavits.

Myth: removal of food was both legal and court-ordered.
Fact: the courts had only allowed removal of terri's feeding tube, not regular food and water. Terri's husband illegally ordered this. The law only allows the removal of "life-prolonging procedures," not regular food and water:

florida statute 765.309 mercy killing or euthanasia not authorized; suicide distinguished. 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.

Myth: many doctors have said that there is no hope for her.
Fact: Dr. Victor gambone testified that he visits terri 3 times a year. His visits last for approximately 10 minutes. He also testified, after viewing the court videotapes at terri’s recent trial, that he was surprised to see terri’s level of awareness. This doctor is part of a team hand-picked by her husband, michael schiavo, shortly before he filed to have terri’s feeding removed. Contrary to schiavo’s team, 14 independent medical professionals (6 of them neurologists) have given either statements or testimony that terri is not in a persistent vegetative state. Additionally, there has never been any medical dispute of terri’s ability to swallow. Even with this compelling evidence, terri’s husband, michael schiavo, has denied any form of therapy for her for over 10 years.

Dr. Melvin greer, appointed by schiavo, testified that a doctor need not examine a patient to know the appropriate medical treatment. He spent approximately 45 minutes with terri. Dr. Peter bambakidis, appointed by judge greer, spent approximately 30 minutes with terri. Dr. Ronald cranford, also appointed by schiavo and who has publicly labeled himself “dr. Death”, spent less than 45 minutes examining and interacting with terri.

Myth: this is just a family battle over money.
Fact: in 1992, terri was awarded nearly one million dollars by a malpractice jury and an out-of-court malpractice settlement which was designated for future medical expenses. Of these funds, less than $50,000 remains today. The financial records revealing how terri’s medical fund money is managed are sealed from inspection. Court records, however, show that judge greer has approved the spending down of terri’s medical fund on schiavo’s attorney’s fees - though it was expressly awarded to terri for her medical care. Schiavo’s primary attorney, george felos, has received upwards of $400,000 dollars since schiavo hired him. This same attorney, at the expense of terri’s medical fund, publicly likened terri to a “houseplant” and has used terri’s case on national television to promote his newly published book.

Myth: michael schiavo volunteered to donate the balance of the inheritance to charity.
Fact: in october, 1998, schiavo’s attorney proposed that, if terri’s parents would agree to her death by starvation, schiavo would donate his inheritance to charity. The proposal came after a court-appointed guardian ad litem cited schiavo’s conflict of interest since he stood to inherit the balance of terri’s medical fund upon her death. This one and only offer stated “if the proposal is not fully accepted within 10 days, it shall automatically be withdrawn”. Naturally, terri’s parents immediately rejected the offer.

Myth: terri's medical trust fund has been used to care for her.
Fact: the following expenditures have been paid directly from terri's medical trust fund, with the approval of judge george greer:
summary of expenses paid from terri’s 1.2 million dollar medical trust fund (jury awarded 1992)
note: in his november 1993 petition schiavo alleges the 1993 guardianship asset balance as $761,507.50

atty gwyneth stanley $10,668.05

atty deborah bushnell $65,607.00
atty steve nilson $7,404.95
atty pacarek
$1,500.00
atty richard pearse (gal) $4,511.95
atty george felos (michael schiavo's lawyer) $397,249.99


other

1st union/south trust bank $55,459.85

michael schiavo $10,929.95

total $545,852.34

Sorry I don't care if I do get loads for this but american law sucks and I think the guardian law is just pathetic in the fact that it gives the husband the right to decide whether or not his spouse lives or dies.

Fish you are back! Welcome!
There are things that a spouse tells their spouse that they do not tell other people. I feel that these 20 people that you mention are being selifsh and trying to hold onto terri against her will. Did you know that the reason terri is like this in the first place is because she was anorexic? Do you really think she wants a feeding tube? That is the last thing an anorexic wants!
I don't know if terri's husband is being genuine or not. None of us do. But we can't have people going around being able to keep people on life support and in a vegetative state simply because they are not willing to let go. My wishes are to be let go if I end up in a state such as terri's or worse, and it isn't right that one family member would be able to keep it from happening. That is why I am glad the courts are ruling as they did. (i know there were more people in terri's case, but if the courts ruled differently they said it would only take one person to keep you alive against your wishes).
All of the things I have seen on the news and read about it (and honestly, I have only heard bits and pieces) say that the doctors have said that terri is non responsive even though the family states otherwise.

Quote: myth: removal of food was both legal and court-ordered.
Fact: the courts had only allowed removal of terri's feeding tube, not regular food and water. Terri's husband illegally ordered this. The law only allows the removal of "life-prolonging procedures," not regular food and water:

a feeding tube in a person who is incapacitated is their regular food and water. And the feeding tube is the life-prolonging procedure that is to be lawfully removed.

Quote:
florida statute 765.309 mercy killing or euthanasia not authorized; suicide distinguished. 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.

When a person has to be on a feeding tube or life support because they are in a vegetative state or whatever, it is perfectly lawful to remove it. In certain instances such as this one. I find it cruel and unusual punishment to keep someone alive who doesn't wish to be, especially for selfish reasons.

In some instances I think it isn't right that your husband/wife/ guardian can decide whether you live or die. In reasons where your "guardian" doesn't really love you then yeah, that really does suck. I won't disagree with you there.
But in other instances, in loving instances, your husband or wife knows your deepest darkest secrets and your wishes in cases such as this. Is it really fair that even when your spouse is trying to carry out your wishes, an unloving relative or friend could come and say, "no, that's not what she wanted and I won't allow it"? I don't think so.
Maybe this will just make people more picky of who they marry. I don't wish to see anyone die and I don't mean to sound heartless. I believe that terri wished to die in the first place before any of this happened, and I truly believe that she would not want to be kept alive like this.
But, that is the thing. None of use know. The only person who does know is her husband, or possibly her parents and they aren't agreeing and we don't know who is telling the truth. I suggest we all get living wills so that it is in writing and there will be more of a chance of our wishes being carried out.

I'm torn on this whole ts thing.. The only thing I can say is I dont care what happens.. As long as it ends up being what she would've wanted. I don't know what she wants so I can't honestly say what they should do..

Exactly. Her starving herself is what got her into the condition she is in now, and instead of letting her die at her own will they are making her have a feeding tube that is keeping her alive. That is exactly what a person in her condition does not want.

I also have no idea what terri actually wanted and it is none of my business. It is none of anyone's business actually and it makes me so mad that people are trying to change what happens to her. It is no one's business but hers and her spouse's. But of course, it has to become a world issue for no valid reason. I feel bad for her, her husband and her family, but the truth is it isn't our business and it shouldn't be the basis of any new laws or anthing crazy like that.

Press release

for immediate release – 03-24-05 12:00 pm (gmt-5)

director of forensic medial unit claims foul play in
terri schiavo case



clearwater, fl – copy of two letters follow that describe immediate need for protective investigation of terri schiavo. Taken from emails.
------------------------------------------ ----------------------

march 24, 2005
dr. Craddock,

terri schiavo's condition is consistent with attempted strangulation. Her healthy heart functioning for the last 12 years is not consistent with a "heart attack from an eating disorder" having ever occurred.

Disallowing replacement of the feeding tube in this woman is homicide.

Critical facts in plain view must have time to be reviewed. This can be accomplished in 7 days.

Respectfully,

george eddington mcclane, m.D.
Director - forensic medical unit - department of the family justice center
city of san diego
------------------------------------------ ----------------------

march 23, 2005
dear Dr. Mcclane,

i am writing you in hopes that you will assist me on two issues. My consulting partner and I were engaged almost two years ago by legal counsel for the schindler family. Their request of us was to examine all 15 years of terri's medical files in order to develop a profile of her course of treatment (or lack thereof) from the time of her collapse to the present. We have also consulted on several of the abuse and neglect issues in the case. While I have some limited training in forensic dentistry, my primary experience lies in legal and forensic analysis of medical charting and records. Ms. Ford's expertise lies in over 25 years of nursing and nurse management, medical administration, and case management of thousands of patients through her own company in seattle. She has been recognized by legislators in washington state as an expert in medicare and medicaid regulations and regulation of skilled nursing and rehabilitation facilities.

At this point, we feel we have uncovered enough evidence surrounding the incident that led to her collapse, the medical records of her treatment and misdiagnosis, and the clinical proof of her injuries (which were extensive), that we feel certain that the case could be worked backward from this information to a crime scene scenario that would fully explain her injuries and her subsequent recovery to her current state.

Thank you,
j. E. Craddock, d.D.S.


Are we still so sure that anerexia nervosa was to blame for terri's heart attack?
Are we still convinced that michael is such a loving husband I certianly am not.

Are you also aware that the reason terri sufferd anerexia nervosa was because of the constant physical and emotional abuse she suffered at michael's hand's?

This is a very distressing case for the schindlers as they know michael has ulterior motives for wanting terri dead.

I also noticed that you seem to think that terri is in pvs but she isn't she is aware and communicative with her family and doctors.
So why we should ask is this woman being sentenced to death?

There is also the question as to why michael waited 7 years to make his wifes so called wishes known? Why wait until she became communicative before he stated her wish to die?

Nurse: michael tried to kill terri

former caregiver asserts husband
'doesn't want the truth to be known'

------------------------------------------ --------------------------------------
posted: march 22, 2005
1:30 p.M. Eastern



© 2005 worldnetdaily.Com

michael schiavo once tried to kill his wife terri with insulin shots, according to a former caregiver for the brain-injured florida woman.


Michael schiavo (photo: baynews9.Com)

the estranged husband -- who is living with another woman with whom he has two children -- "wants her to die; he doesn't want the truth to be known," said carla sauer iyer in an interview this morning on the fox news channel program "fox and friends."

worldnetdaily reported the registered nurse's testimony in 2003 when it was presented in a 24-page complaint filed in a federal lawsuit alleging michael schiavo had forbidden medical professionals to provide his wife with any therapy or rehabilitation and had attempted to hasten her death while she was a patient at the pinellas park, fla., hospice she has lived in since 2000.

After terri schiavo's collapse in 1990 under disputed circumstances, michael schiavo won a malpractice lawsuit, promising to use the money for her therapy. Afterward, however, he requested a "do not resuscitate" order, refused therapy and barred stimulation and treatment for infections.

Michael schiavo believes the collapse, during which oxygen temporarily was cut off to the brain, was the result of an eating disorder, but her parents suspect he tried to strangle her.

Iyer said in the fnc interview that when terri schiavo was having a urinary tract infection, michael schiavo "would be excited, thrilled, even hoping that she would die soon."

"what makes you say that?" iyer was asked.

"he would blurt out 'when is she gonna die? When is that health forum gonna die? Hasn't she died yet?'"


a federal judge early this morning refused to order reinsertion of terri schiavo's feeding tube after emergency intervention by congress and president bush.

The tube was removed friday afternoon after florida courts rejected a flurry of motions by robert and mary schindler to keep their daughter alive.

In a 13-page ruling, u.S. District judge james whittemore of tampa said the 41-year-old woman's parents had not established a "substantial likelihood of success" at trial on the merits of their arguments.

'help me'

in her sworn affidavit, iyer, who cared for terri schiavo from april 1995 until august of 1996, stated terri used to talk to her as much as she could and frequently used what sounded like the word "pain." she also interpreted terri's vocalizing at times as crying "help me."


terri responding to her mother in video clip available on terrisfight.Org

in contrast, the courts are operating on the finding of fact that terri schiavo is in a "persistant vegetative state" and does not intentionally respond to stimuli. The schindlers insist that while terri is severely handicapped, she recognizes them and interacts with laughter, crying, moans and attempts to form words.

Iyer says she was fired after notifying police about her suspicions.

While acknowledging she had no proof, the nurse said she suspects michael schiavo injected terri, who normally has "very stable" blood sugar levels, with regular insulin to drive her into hypoglycemic shock during his visits.

"terri would be trembling, crying hysterically and would be very pale and have cold sweats," iyer wrote. "so i'd check her blood sugar. The glucometer reading would be so low that it was below the range where it would register an actual number reading."

schiavo repeatedly and strenuously has denied allegations of abuse. Felos described the accusations as "a bunch of garbage." he called caregivers' claims terri spoke to them "a fabrication."

in the fox news channel interview today, iyer said she saw needle marks under terri schiavo's breast and groin after michael schiavo had been left in the closed room with her. A used syringe was found in the trash.

Iyer said that when michael schiavo found out she and another nurse were feeding terri liquids and liquified foods, he warned he would get them fired if they didn't stop.

These facts were not taken into consideration in the court cases, iyer stated.

" ... I think a gag order was put on all confidence things terri had done," iyer said.

One of the schindlers' legal roadblocks is that in the original hearings more than 10 years ago, they followed the advice of a lawyer who had them agree to stipulate that terri was in a "persistant vegetative state."

subsequently, they provided the court with "reams of medical evidence" indicating terri could be rehabilitated, but the court would not consider it because of the stipulation, according to a spokesman, gary mccullough.

"it was a huge error on the part of lawyers at the front end," he said

We've heard from proponents of starving terri to death that this kind of death is "easy" or "peaceful." that the person being denied food and water "falls asleep" and drifts away.

Sounds like a pleasant way to go. The facts, however-those stubborn facts- are much, much different.

Here's a post I from raven at "and rightly so" that conclusively disputes that notion. As a medical professional, she has been intimately involved in several of these cases and offers this description of what it's like to starve to death.

Http://andrightlyso.Com/archives/2005/02/2 4/how-terri-will-die/

note: if you're at all squeamish, I suggest you not read the following.

This "exit protocol" is a recipe for how to kill someone by starvation and dehydration, and then manage their symptoms while they slowly die.

For instance, the nurses will put lip balm on terri because her lips will crack, peel, and bleed from the dehydration.
~and her mouth will not open after a day or two...The aides will pry it open to do oral care. They'll do a good job with it though.

They'll use body lotion because terri's skin will begin to break down and show signs of flaking, drying, cracking, or being parched.
~hopefully they'll use a nice scented lotion so terri can have stimulation. The aides will never forget the smell.

They'll put a "scopolamine patch" behind her ear to enhance the drying up of saliva and other secretions.
~can you imagine how your mouth would feel?

"chux pads" will need to be used-and changed quite often because of incontinence of terri's bowels and bladder.
~only for a few days. Then there will be nothing left to void. Ever had a uti? That's what it will feel like.

When terri begins to writhe in pain (multifocal myoclonus) and she becomes agitated from metabolic changes and electrolyte imbalances due to no fluids or nutrition, the attending staff will have to give her 5 to 10 mg of valium (diazepam)-rectally-every 4 hours.
~ha. This will only "cure" the movements, not the pain. She will still have tears.

If terri experiences a grand mal seizure, they'll give her 15 mg of valium immediately, and then as needed thereafter.
~ever have a seizure? It's not fun. And they can kill you.

When her body shows signs of an inability to breathe by gasping for air (dyspnea), they will immediately give terri 2 to 4 mg of morphine every 4 hours.
~and the morphine will cause her respirations to decline even further, thus aiding in the process of her death.

And all of this will go on for 7 to 10 days...
~maybe longer.



This is a step by step of how terri will die please tell me is this really a dignified way to die because it isn't in my eyes.

Have you guys ever worked with hospice or pre-death people before? It is a very unique experience, they are not suffering, they do not eat or drink, they are letting go and some have the last little thing where you think that they are getting better but it is just a release, a little spurt. We do not allow our animals to linger on like this why should people have to linger on like this. You cannot believe everything you read or hear. Would you rather lay there, not being able to talk, incontinent, full of pressure sores and bed sores, no thanks, it is not for me. I just hope that the dr's. Just pick up the morphine dosage fast, as they generally do in most of the hospice situations that I have seen. Allow this lady to have her death in peace.
Sincerely,
sandy

Fishx.. The resaon micheal is her guardian is because he is the person most likely to know her wishes. She doensn't have to have said outright " you know if I was ever pvs.. Don't let me live" and outline all the steps she wants taken.. A simple "i would never want to live like that" when the subject of people living in a pvs state was brought up.. Would do. I personally don't know what she wants so I really don't know what should be done as long as it's what she would've wanted. I did hear from bf the other day that she had some type of living will where it said that she didn't want to live in that state so if that's true.. Then we have the answer right there but I don't know if it's true or not.