Terri Schiavo - The corruption of the legal system

Written by Temple Stark
Published March 22, 2005

I'm sorry President Bush and the United States Legislature felt the need to politicize a woman's life to step in regarding Terri Schiavo, the still sweet-looking woman who has been alive in name only for the past 15 years.

She was more sweet looking before the recent "glamour shots" where someone tried, pathetically, to put make-up on her.

For some reason there are attempts to frame this as a right-to-life issue or somehow religious in nature. Either way, it will backfire, because it is neither. No, it is an intensely personal family issue, which has dragged on in the Florida courts.

I by no means know the ins and outs of the case, but I know this:

• This effort is begging for an activist judge, something the GOP and the President have said should not exist - at least regarding the issue of gay marriage. Now it is okay? Find a story and stick with it people.

• The right to free health care suddenly becomes a federal issue for one person, when before, rightly or wrongly, it was ignored and mocked.

• 23 times judges have ruled that Terri's husband, Michael, has the right to decide the fate of his wife's future.

• He contends and no one has convinced a judge otherwise that his wife would not want to live in the vegetative, pitiful manner she is currently in and has been in since 1993 1990 when she was 26. In Florida that verbal declaration passes legal muster.

• If the Legislature wants to tackle an issue, let it be the Florida Legislature to change this "verbal declaration" law. If they feel they must.

• Terri Schiavo's brain cerebral cortex liquidized and drained away.

• As tempting as it is to sit where you sit and judge, you weren't in the courtroom, you likely haven't talked to anyone who was. And you likely have not been told by your loved one that if this situation occurred, they want to be led to heaven with dignity. You should ask - just in case.

• Neither Terri Schiavo's parents or the husband are wrong. They both, I strongly believe, want what they think is best for their loved one.

• Thousands of Americans go through these same gut-wrenching decisions every year. It is hard to give up hope. It is hard to say goodbye and accept such finality.

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Terri Schiavo - The corruption of the legal system
Published: March 22, 2005
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Section: Politics
Writer: Temple Stark
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#1 — March 22, 2005 @ 10:44AM — Eric Berlin [URL]

Good round-up on the story and various perspectives, Temple.

I try and stay away from over-sensationalized stories like this, and therefore learned quite a lot just from reading through here.

My wife works in an ICU and is therefore up close and personal with these very issues all the time. She feels very strongly about quality-of-life: when it's no longer there, and there's no reasonable hope for improvement, why prolong the agony to the family (and, possibly, the patient)?

As you've said, it's intensely personal. Having legal documentation stating your wishes while of "sound mind & body" (I've done this... it's creepy, but it could save everyone a huge amount of the above down the road) is the only way to avoid a huge legal showdown at the hospital bed.

#2 — March 22, 2005 @ 10:45AM — bhw [URL]

Good coverage, Temple. This is the real story of public interest here, federal government intrusion on private family decisions and the attempt to neuter state court authority on a case-by-case basis.

Jeb Bush and the Florida legislature tried a similar run-around there. They created a law that gave the state governor the authority to step into a case when there was a family discrepancy, even if that case had gone through the courts.

So now that's two laws the Schindlers have been able to get enacted on behalf of their daughter. That's pretty amazing PR power.

Hopefully, this new federal law will be struck down. It already bodes well that the first federal judge refused to order the tube reinstated. He based his decision on the fact that the Schindlers basically have no legal basis on which to ultimately win their case.

#3 — March 22, 2005 @ 10:50AM — Screen Rant [URL]

I'll be honest and say I haven't followed this closely either, but from what little I've seen, Teri does seem responsive. On the flip side, who knows what's going on in her head... tough call.

I guess the problem I have with her so-called husband is that he is that in name only... how can he be her legal guardian when he hasn't cared for her in 15 years? That's just plain wrong.

IMHO it's a lot easier to pass judgement on this in the abstract, when you don't have to sit by her bedside and watch her slowly (painfully?) die with your own two eyes.

And why is this legal but Dr. Kevorkian sits in jail? Yeah, yeah, argue the fine points of "being kept alive" but we know the result of removing the tube will kill her. To me that's more heinous than what Kevorkian did.

If this has to happen, and it were me lying in that bed, I'd much rather get an OD of morphine than take two weeks to die. :-

The husband should be forced to sit with her 24/7 until she's gone.

Vic

#4 — March 22, 2005 @ 10:56AM — bhw [URL]

how can he be her legal guardian when he hasn't cared for her in 15 years?

He has been caring for her, and he's been able to prove it in court. Her parents say he isn't providing her the proper care, but medical doctors have disagreed with them over and over again.

And why is this legal but Dr. Kevorkian sits in jail? Yeah, yeah, argue the fine points of "being kept alive" but we know the result of removing the tube will kill her. To me that's more heinous than what Kevorkian did.

I agree. Doctor assisted suicide is a much better solution. Much more humane.

#5 — March 22, 2005 @ 12:08PM — Bennett Dawson

Great job on this Temple. I'm honored that you would quote one of my posts! However, what nobody has seen fit to mention is that:

If there is true concern for Terry's "suffering" (despite the MD's beliefs that Terry will feel no pain), why not install an IV morphine drip?

This solution would surely answer the questions regarding her suffering (whether it's a reality or not), and would have the added benefit of dehydrating her body a bit faster. Letting her pass away days soon than without.

This is exactly what morphine is best at.

#6 — March 22, 2005 @ 12:14PM — bhw [URL]

If there is true concern for Terry's "suffering" (despite the MD's beliefs that Terry will feel no pain), why not install an IV morphine drip?

Because it's illegal. That's either assisted suicide or euthanasia, both of which are illegal in FL.

The only way to end her life legally is by denying life support, which the feeding tube technically is.

#7 — March 22, 2005 @ 12:20PM — Screen Rant [URL]

"The only way to end her life legally is by denying life support, which the feeding tube technically is."

Sometimes the law sucks. Better to let her die slowly legally than to die quickly illegally? What a bunch of crap. >:-(

Vic

#8 — March 22, 2005 @ 12:23PM — bhw [URL]

Yep.

We can deny medical treatment for ourselves, but we can't otherwise actively make death come more quickly [or peacefully].

#9 — March 22, 2005 @ 12:27PM — Bennett Dawson

A morphine drip that provides relief from pain is neither euthanasia or assisted suicide. It is simply relief from pain.

If you took enough asperin, it would kill you (boxes and boxes), but no one's suggesting that. Instead you take two and the headache goes away. 15 mg of Oxymorphine (or morpineoxide, I don't remember) through an IV over the course of 12 hours will not kill a person, but it will eliminate any pain that they may be feeling.

How is this assisted suicide?

#10 — March 22, 2005 @ 12:32PM — bhw [URL]

Ooooooh. I thought you were suggesting a morphine drip instead of the tube removal, not in addition to it.

My mistake.

#11 — March 22, 2005 @ 12:36PM — Richard Porter

Really sharp coverage Temple and as we all know, there is alot of ground to cover with regard to the information and long history of this case.

#12 — March 22, 2005 @ 12:42PM — Bennett Dawson

Hey bhw,

No prob. Just trying to get the icky feeling out of my system.

The icky feeling I got when Senator Delay ranked on and on about the pain and suffering that poor Mrs. Shivo would feel if she were allowed to STARVE TO DEATH!!!!

Knowing differently, I look for alternative suggestions that will blow away the stench of the lying liars.

#13 — March 22, 2005 @ 12:50PM — bhw [URL]

Yes, it's pretty clear that her pain could be managed, just as it is for so many dying people every day.

So to me it's about more than if she'd feel pain or not. And I go back and forth [as a lot of my comments indicate] all the time on how I feel about this case.

#14 — March 22, 2005 @ 14:43PM — Katharine Donelson [URL]

At this point, I'm sure it goes without saying, but excellent coverage indeed, Temple. So good, I feel I should call my parents and talk with my sister and make sure we're all clear on what we'd like done in a similar situation. Thanks.

#15 — March 22, 2005 @ 14:51PM — Temple Stark [URL]

Wow. Thanks all. I haven't been following the case at all (except the last week) and got all these sources together to just review what I thought I knew. Blogcritics posts helped tremendously as well. There's a lot more at these links and a lot more I wanted to add from those links, but I would have just been rewriting what was there.

I "like" this topic because it is one that actually means something to many many families and it will and does start meaningful discussions. And I bet a marked increase in living wills.

- Temple

#16 — March 22, 2005 @ 15:42PM — David Flanagan [URL]

Good coverage Temple. This kind of thing is incredibly gut-wrenching. I went through it with a family member and, thank God the doctors had the common sense to talk to my family member in advance to let them know what was coming and get their directive before things got bad.

The worst part of this for me is that Terry is being starved to death, a horrible way to die, especially in light of the fact that Terry's parents are willing to see to her care, forever if need be.

The other thing that roils me is the fact that, soon after winning a million dollar malpractice award so that he could see to Terry's care, he decided that she had no hope of recovery and set about the process of trying to let her die.

It's that million dollar award, then the decision to bail on Terry that bothers me the most. Now Michael has a fiance and children by that woman, yet he won't marry that woman because he wants to make sure that his previous wife dies first.

That is what makes this case different from so many others.

Death is coming to each and every one of us, that is not necessarily the tragedy, especially if you believe, as I do, that this life is not truly the end. The question I and many others have is whether or not Michael really has Terry's best interests at heart.

I don't think he does; but that's just my opinion. Too bad that USA Today poll didn't ask that question too.

Thanks,

David

#17 — March 23, 2005 @ 07:35AM — Katrina Maguire

Dying of hunger and thirst is a beautful way to die and I heartily commend it to you when you make the decision to end your miserable lives.

Forget all those graphic eye witness depictions of death by starvation because while it may not look pleasant from the outside, one actually feels an inner glow and a sense of euphoria.

I remember my great Aunt Eustasia (a big woman, she was) saying to me on her death bed after she had starved herself for a week that she wished she had known years before that dieting could be so easy.

Yes, Aunt Eustasia could still speak after a week, but remember, I did say she was a big woman.

Anyway, we were pretty bloody happy that she chose to starve herself. Do you know how much cash we saved on the coffin? Heaps. And what did we do with it...I'll tell you - we splashed out big on the wake - the spread was a delight, cobbers. Smoked oysters, caviar, cheese, rack of lamb..... you name it, we had it.

She was a good old stick, was Aunt Eustasia, and the pall bearers were grateful,too.

#18 — March 23, 2005 @ 08:31AM — Eric Olsen

I presume this is satirical Katrina?

#19 — March 23, 2005 @ 08:45AM — Dawn

You think?

#20 — March 23, 2005 @ 09:51AM — Dave Nalle [URL]

>>If there is true concern for Terry's "suffering" (despite the MD's beliefs that Terry will feel no pain), why not install an IV morphine drip?<<

I heard yesterday that there was an IV morphine drip in place, not to kill her but just in case there was any pain associated with removal of life support.

Dave

#21 — March 24, 2005 @ 00:34AM — gonzo marx

thanx for that bit of info there Dave..

and Temple...

/golfclap

thas fer a job well done..you get the Whoopie Pie!

forgive the bit of Levity inserted into a horrifying Topic...i hope to Bog the Ordeal is over soon for the poor folks involved...it seems that both sides are doing it all from the best of intentions

and isn't helpig out with all that one of the Law's highest functions in our Society?

Excelsior!

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