Bloggers' Best for Terri Schiavo, Part Two

Part One of the Bloggers' Best for Terri Schiavo can be found here. Since entries continue to come in, and I don't want the newer posts to be missed, I have started a new Part Two post here. Entries will be added in the order received, under the date they are added.

If you have not yet contributed a link from your blog, or, if you do not write a blog, but want to contribute something, please send your contributions here. (Not my regular email, please.) Send the title of both your blog and the post, and the links to each. One contribution per person/blog, please.

Updates on Terri: I understand that two rulings have come down on her case today. The first allowed Michael Schiavo to move ahead with his plans to starve her. The other was an emergency stay granted by Judge Greer to delay the starvation one day until another court case is decided. Thanks to Mike Bennet of theJesusfreak for sending me the link to the stay article. His comments on it can be found here.

Update 2: There seems to be confusion about whether or not the stay was issued. TerrisFight.org has the court document image on file here. The stay is until 5 pm Wednesday.

Note: More information on Terri Schiavo here. Links to other sites here.

Added Tuesday, 22 February:

The deep-thinking Phil Steiger of Every Thought Captive sends us Terri Schiavo: Creating a Culture of Death?, in which he discusses the cultural precedent-setting aspects of this case.

The LORD My Dad contributes Choose Life for Terri, a prayer for Terri's safety.

From Desperate Vision we have Prayer Vigil, in which Amber gives an overview of Terri's plight and then offer her prayer for Terri.

The Paragraph Farmer gets right to the point in She might be killed today.

Amy's Humble Musings has contributed Terri Schiavo, in which the author wonders why things about which adults continue to debate, her six-year-old can clearly see.

WorthyThinking sends us his plea to Pray for Terri Schiavo.

The Palm Tree Pundit shares her Thoughts on Terri Schiavo.

Email message from Frank: how dare the court - that we didn't elect - decide life or death for a woman that is alive..........I bet it it were one of their children or family, they would find a way to save her life..........we're all praying for her....

The Secret Agent Man sends his thoughts on the Terri Schiavo Case, which he calls, "one of the greatest moral scandals in American history."

From Alnot of  Love is Tough Enough we have this message: As the father of a multiply handicapped son I have a personal stake in what happens to Terri. I have followed the case and the many who are outraged by her years long abuse. Thanks for fighting those who would murder Terri and many others including my youngest son who I have posted complete with pictorial history about on my journal\blog.

Added Wednesday, 23 February

Carmon from Buried Treasure (and herself a treasure) in Humane Society? reflects on the agonizing aspects of death by starvation and dehydration and what is said about a society that is willing to inflict this kind of death upon the innocent, but not the guilty. She also suggests there is someone else we ought to be emailing, but you need to visit her to see who that is.

Message via email: I have been following this case somewhat, but not in depth and I certainly find myself believeing that Michael Schivao does not have Terry's best interests at heart; I have been involved in hospital Risk Management for many years and in end of life decision making with many families;  Personally, i would have found it very very difficult to believe a statement from a husband who told me his 25 year old wife discussed the subject of death and her wishes;  That is jus so much bull(if you'll excuse my french);  After reading some of the info regarding her collapse and then the timeline regarding the malpractice settlement money, it sure seems to me that once Michael got that money he wanted her out of the picture.  Unforuntely he convinced a judge that Terry made that statement regarding her wishes and so it goes;  I hope and pray that somewhere along the line here a judge grants her parents the right to take her home and care for her; this case represents a travesty of justice and ethics. Sincerely, Marilyn Stark,Trenton, Michigan

Message via email:  I have volunteered for Terri about a year now, and I know how full of life she is because I have seen and heard everything about her.  One look at just a picture of Terri though, ( the one they usually show in the media with her mom ) you look into her eyes and you know, that you know SHE IS THERE!  Through all of my frustrations with the inaction of our government leaders to the misrepresentation through the media, I know God is in control.  Read Isaiah 2:22 and all of chapter 3.  I asked God to show me His direction today, feeling hopeless in writing more letters to more people who seem to be hiding under a rock as of late!  Yet the Lord gave me GREAT COMFORT because I know that this is His heart concerning everyone involved in Terri's case! Those who are for her and those who are against her. God bless you all!  Pray for Terri and do all that the Lord enables you to do during these trying and uncertain times.  Not everyone is a hand, but some are feet, and others a head, etc.  As the BODY of Christ, let's all use our gifts to save Terri's life! Sincerely in Christ,Becky Mullaney

Daddypundit has written The Media and Terri Schiavo, about how the media seems to be reporting only Michael Schiavo's side of the story.

Added Thursday, 24 February

Sharing life asks a good question in The Value of Life or: Who Decides If Someone Wants to Die?

MAOBI sends us Of Women on Feeding Tubes and Such and encourages us to "tarry a moment" for Terri Schiavo.

GM's Corner contributes Terri Schiavo's Last Days/Hours Should That Come to Pass . WARNING: This post contains a graphic description of what death by dehydration is like. It is important to remember just what may be done to Terri should Michael Schiavo have his way.

Added Friday, 25 February

Anchor Rising ask the question, What If This Was Our Daughter or Sister or Wife?  What If It Was "Only" A Stranger's Life?

This message arrived via email: Tonight I watched Dr Dobson on TV and I wish that I could have been on the phone or something so that I could answer some of the things that Allen said. The problem is that people like him and the media twist the truth. The girl in Kansas Sarah Scantlin, that woke recently was also supposed to be in PVS. And as you can see she came up out of the murky water (so to speak). She was also once like Terri.

Mr. Schiavo and Mr. Felos tell the public that Terri is void of part of her brain. My son has a severe brain injury and is sooo much like Terri its almost a mirror image. He is in our home and has been for 8 years. He has atrophy in the brain, and that does not mean that he's brain dead. That happens with all brain injuries. It also doesn't mean that she will never do anything again. Neurons in the brain reroute and other cells can take over a job for the dead ones. IM sure that what Terri has is atrophy also, how could she not? I just want the peopleto know what it "really" is. I believe that Mr. Greer is also a victim here because they have mislead him intentionally. Someone just needs to step up. And Mr. Greer needs to listen because his mind is closed because he thinks its just sympathy, etc., etc.
Here is another question that I would like for someone to ask about Michael. If he is really so concerned about Terri's wishes, would she wish to have her family treated the way that he treats them? Would she have wanted him to accept the money from the malpractice and then suddenly recall that she said she would rather die? Would she want him to leave her laying there alone with no one and him out sexing it up with another woman and having two children? I don't think those would be her wishes. These people need to open their eyes!
God is still on our side! Lisa Lloyd

Comments

[Catez]

Great idea Dory - there are some excellent posts and I'm glad to see some of those here. God bless you.

[kim voss]

Life is Life. Just like marriage is marriage. When we say I do, it's suppose to be until death do we part. Perhaps Terries husband recollects back on that moment and this is his way of the "PART" regardless of what happens to Terri, it's consoling to know he'll have to answer to GOD why he murdered his own wife, when he promised through sickness and health until death do we part. Our prayers our with you Terri,LOVE KIM

[Jane]

I understand the gist of the legal arguments below have been made before on appeal, and been rejected -- however, it is important for the record to reflect that Judge Greer has NOT followed Florida statute. Furthermore, it may be possible to raise a fresh claim, as described below.

A study of Florida Statutes Ch. 765 and the court record indicates Judge Greer has NOT followed the clear language of the Florida statutes. His description of Ms. Schiavo in his 2003 court order, in his own words, proves Terri does not meet the statutory definition of PVS. The statutory definition says that ANY kind of cognitive behavior means a person is NOT PVS. However, he judicially determined that Terri was in PVS because her responsiveness was "inconsistent" -- he recognized some cognitive behavior in Ms. Schiavo, but not enough to elevate Ms. Schiavo above HIS OWN defintion of PVS.

Here is the statutory definition of PVS that the court SHOULD read and apply:

765.101 Definitions.--As used in this chapter:
(12) "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.

Prior to withdrawing life prolonging measures, Ch. 765.305(2)(b)-- Procedure in absence of a living will-- requires a finding of either PVS (as statutorily defined), or a scenario of "end-stage" or terminal condition. Ms. Schiavo is not terminal or end-stage -- therefore, if this section applies, a finding of PVS would be required by the clear language of the statute, prior to the withdrawal of the feeding tube.

Ch. 765.401 -- Absence of Advance Directive, The Proxy -- which I believe is the authority used by Judge Greer as Ms. Schiavo's proxy, in clause (3)states: "Before exercising the incapacitated patient's rights to select or decline health care, the proxy must comply with the provisions of ss. 765.205 and 765.305, except that a proxy's decision to withhold or withdraw life-prolonging procedures must be supported by clear and convincing evidence that the decision would have been the one the patient would have chosen had the patient been competent or, if there is no indication of what the patient would have chosen, that the decision is in the patient's best interest." I would argue that the requirement related to the patient's choice should be IN ADDITION to the Ch.765.305 requirement of a PVS/end-stage condition, not a substitution.

The new medical affidavit of Dr. Cheshire, and Judge Greer's own 2003 opinion, indicate Ms. Schiavo does not meet the statutory definition of PVS. Therefore:

1. Withdrawal of nutrition/hydration would constitute an "affirmative or deliberate act or omission to end life other than to permit the natural process of dying" in contravention of Ch. 765.309 -- i.e., it would constitute prohibited euthanasia or "mercy killing".

2. Relatives or DCF, as an interested party, may have a new claim under Ch. 765.105 - Review of surrogate or proxy's decision. Even though this may have been appealed before, I would argue the March 18th action comprises a new "decision" that would be appealable under Ch. 765.105, which gives "the patient's family, the health care facility, or the attending physician, or any other interested person who may reasonably be expected to be directly affected by the surrogate or proxy's decision concerning any health care decision ... expedited judicial intervention pursuant to rule 5.900 of the Florida Probate Rules, if that person believes:

(1) The surrogate or proxy's decision is not in accord with the patient's known desires or the provisions of this chapter; ...

(5) The surrogate or proxy has abused powers;...."

FACT: The Proxy's (i.e., Judge Greer's) decision on March 18th to remove the feeding tube is "not in accord with [Ch. 765]" because Ms. Schiavo does not meet the STATUTORY definition of PVS, based on the language in Judge Greer's 2003 Order related to the PVS finding, and based on the new affidavit of Dr. Cheshire.
IF the court argues that a Ch. 765.401 proxy decision to withdraw life prolonging measures only requires a determination of Ms. Schiavo's wishes, and not a finding of PVS/end-stage, there is still a Ch. 765.105 claim (challenge to Proxy decision) based on the Proxy's abuse of power, including failure of the Proxy (Judge Greer) to visit his Principal (Ms. Schiavo) to be in a position to determine her wishes. However, I strongly argue that Ch. 765.401 wouldn't make sense if the standard related to the patient's wishes were not an EXTRA level of protection, rather than an alternative standard of protection. However, I understand there is already Florida case law stating PVS is not a prerequisite - I have not had time to research and distinguish it. In my view, the better argument is that a finding of PVS/end-stage must be a prerequisite in any "substituted judgement" (proxy) case, such as Ms. Schiavo's. Only after that prerequisite is met does the proxy advance to the question of what the patient would have wanted.

It appears Judge Greer is provoking a constitutional crisis through his failure to read and follow the clear language of the Florida statutes. Where are the checks and balances of our three-branch government?

[Gene]

I wonder why Judge Greer is so determand to end Terri's life? Maybe I'm Wrong, but I wonder if there is a under the payoff to the judge?