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mental invalid

jeb orders feeding tube re-inserted into comatose woman

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http://www.cnn.com/2003/LAW/10/21/coma.wom...oman/index.html

 

 

 

 

TALLAHASSEE, Florida (CNN) -- The Florida House late Monday intervened to save the life of a severely brain damaged woman whose feeding tube was removed last week under court order at her husband's request. The lawmakers authorized Gov. Jeb Bush to order that the tube be reinserted.

 

By a vote of 68-23, the GOP-controlled House approved a bill giving Bush authority to issue a one-time order to reinsert the feeding tube that has nourished Terry Schiavo, 39, since she fell into what doctors call a persistent vegetative state after suffering heart failure in 1990.

 

The Republican-dominated Senate will take up the measure Tuesday, and Bush has indicated that he will quickly sign the bill if it passes. He would have 15 days to act.

 

The feeding tube, which supplies Schiavo with nutrition and hydration, was removed last Wednesday, after a lengthy and contentious court battle pitting her husband and legal guardian, Michael, against her parents, Bob and Mary Schindler.

 

Doctors said that without the tube, Schiavo would die within two weeks. She is being cared for in a hospice in Pinellas Park, in the Tampa Bay area.

 

The Schindlers had been publicly pressing Bush to intervene. He expressed sympathy for their position but said he did not have authority to countermand court orders allowing the tube to be removed.

 

The bill authorizing Bush to act was introduced in the House Monday evening and gained final passage just two hours later. The Legislature was already in Tallahassee for a special session.

 

Schiavo has been in a persistent vegetative state since her collapse in 1990. She is not terminally ill, but, because of her condition, a feeding tube must be used to provide nutrition and hydration.

 

Michael Schiavo asked that the tube be removed because his wife made it clear before her collapse that she did not want to live on life support and because she has no meaningful hope of recovery. Her parents dispute that contention, insisting that despite her medical condition, she still responds to them and could improve with rehabilitative care.

 

The Schindlers accuse Michael Schiavo, who collected more than $1 million in malpractice settlements stemming from his wife's collapse, of trying to remove the tube so that he can keep the money and pursue a new relationship. He denies the charge, countering that his in-laws are angry because they didn't receive any of the money.

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Wow, this topic is right on point with what I've been discussing in wills & estates.

 

Here are my notes from class on this subject:

 

Living Wills

• Contains directives re: termination of medical treatment

;lkj;lkjo Provides that the signer’s life shall not be artificially prolonged by extraordinary measures when there is no reas expectation of recovery from extreme physical or mental disability.

;lkj;lkjo Need clear and convincing evidence that the signer wants said treatment

;lkj;lkjo Tends to involve the lingering, long-term decisions, where as med. power of atty is for emergency decisions

 

 

So, I'm assuming she didn't sign a living will making "it clear before her collapse that she did not want to live on life support and because she has no meaningful hope of recovery" [which would provide the clear and convincing evidence - a high evidentiary standard to meet], so her hubby would have to rely on oral testimony of his wife. Because she's comatose, her statements are hearsay, which is not admissible in court unless it falls into some exception. I suppose it did, which is why he eventually won the court case.

 

Isn't it nice for the legislature/executive to be able to immediately overrule a court's decision? While that is rather common (altering statutes to comply with consitutional requirements, etc), this case is rather odd ... a bill giving one-time authority.

 

Kinda reminds me of the other Bush and the Supreme Court's "one-time" holding getting him into office. Hmm.

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Originally posted by mental invalid

tell your teacher you should have an A+, absence of a living will was exactly the issue......

 

You should email him for me. Just tell him you know me from a graffiti forum and .. uhm. Shit.

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PMB

 

...so, will you write a living will for me?

i really need one

every time i hear about these stories, it's a reminder.

 

it should say something like "jeb bush isn't allowed to have a say in when my life ends"

 

thank god my family isn't down with life support..but one can never be too careful..

 

i've got Bush trying to control my lifespan.

 

isn't it interesting, that the republican party is all about lassaiz-faire government when it comes to Enronomics and state's rights..

 

but as soon as people want a right to die, a right to choose abortion, a right to live by their own moral code, the bushies come in and stomp it.

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Wow, 1990. There is no reason for her to be kept alive. The family is just being selfish keeping her here, let her go you fucks.

 

 

I mean, fuck, 13 years of lying in a bed, you have got to be joking.

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"isn't it interesting, that the republican party is all about lassaiz-faire government when it comes to Enronomics and state's rights..

 

but as soon as people want a right to die, a right to choose abortion, a right to live by their own moral code, the bushies come in and stomp it."

 

 

THATS WHAT IM SAYING!

 

 

 

typing the letter as we speak bobbo.....

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it's pretty sad that this whole thing is even happening. i think it's a shame that this lady can't get any peace, you know?

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Re: PMB

 

Originally posted by !@#$%

...so, will you write a living will for me?

i really need one

every time i hear about these stories, it's a reminder.

 

I'm not an attorney, so I could get in trouble for doing that. Besides, they're a relatively easy legal document that a lay persons can write themselves.

 

Check out this site: http://www.uslivingwillregistry.com/

 

It's the US Living Will Registry. Click on Background and How it Works to read up on what you're about to do. The forms are available through the Advance Directive Forms link - select your state, then print out the accompanying form. I can't guarantee the form's accuracy, but I'm sure they should work. Nonetheless, I'd check out your state's probate code (I'm sure it's available online) to ensure the form says what is required.

 

Remember, I'm not a lawyer and this does not constitute legal advice (we have to say that). Blarg!

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well I would want to be put out of my mysery .. I feel it isn't murder reguardless if the man moved on and found a new broad . the woman will never respond to anything again .the vegitative state is virtual DEATH:burned:

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13 years of lying in a fucking hospital and getting all your food, water, and everything through a fucking tube?! man, and i think it's rough when people get their jaw wired shut...this is my wish: if any of you fuckers ever finds me in a hospital bed like that, suffocate me with a pillow in my sleep. or shoot me in the head, whatever.

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