The Schiavo Circus Continues

It just goes to show that if you shop long and hard enough in our judicial system, you can get a Judge to do what you need to be done.

Earlier today, the Florida Court of Appeals allowed a stay to expire so that the feeding tube in Terri Schiavo could be removed, and Mrs. Schiavo could be allowed to die.

Afterwards, yet ANOTHER Judge (this time in Pinellas County, a "Circuit Court Judge" - not sure if this means regular district court or something else) has stepped in and ruled in favor of the parents, granting an emergency stay, keeping the feeding tube in place until at least Wednesday afternoon.

This is a terrible story.  Terri Schiavo suffered a chemical imbalance that caused her heart to stop, which by the curses of bad luck, have left her in a persistent vegetative state.  This has been the case for 15 years.  Its not like this happened yesterday.

CNN doesn't help by describing it as follows:

The 2nd District Court of Appeal offered no specific instructions in a one-page mandate issued in the case of Schiavo, who was left brain damaged 15 years ago.

Every credible doctor who I am aware of who has reviewed this matter has argued that this is a persistent vegetative state that will never be recovered from.  Yet, CNN makes it sound like the cruel husband wants to toss aside a baby born with Downs Syndrome.

People make intimate decisions with their spouses and loved ones regarding how they would like to be handled in similar situations.  Not everyone is wise enough to actually fill out that paperwork - go hire an attorney :) ... I admit, even though I harp on it, I have not completed the requisite paperwork - even though I almost died 15 months ago.

Again, I feel really bad for the parents of Mrs. Schiavo.  It must be a terrible ordeal which I certainly cannot relate to.  I only hope that given a similar set of circumstances, I would be brave enough to let go of my loved one.  My grandfather was left persistently vegetative due to a series of strokes.  It was not my decision as to treatment.  My mother and aunt made the decisions they had to make, and kept him alive for what must have been nearly a year before he finally succumbed - a decision I am certain they regret in retrospect, and considering the state he was in, one that I think was absolutely unfortunate.

But the decision does not belong to the parents, it belongs to the spouse, as he should know best how Terri Schiavo would have wanted to exist, given this set of circumstances.

Instead, the Courts and govenrment are allowing this to become a political football, with Jeb Bush and the Florida legislature intervening with Terri's Law.  No high court in florida or federally has ruled with the parents of Terri Schiavo, yet they've managed to keep this thing dragged on for years.

I suppose that this is not what President Bush had in mind when he complained about activist judges not following the law and frivilous litigation?  Oh, I get it - life and death - ok in the hands of a judge or jury.  Money, we can't trust our Court's with something so precious.

Either way, hopefully this will be resolved properly by Wednesday afternoon.

Comments

[Janet]

You mean it should left up to the husband who won a 1.25 million court settlement for the care, treatment and therapy of his wife and then one year later began litigation for her death and has since kept her in a hospice where she is not dying and not receiving therapies available to every other disabled individual in America? Good one.

[Russ]

Yes. It should be left up to the husband, because the husband by law is the guardian. The husband is the guardian because a spouse is most likely to know the wishes and desires of the other half of their relationship.

As to "therapies available to every other disabled individual in America":

Terri Schiavo is not "disabled" - Terri Schiavo is vegetative. Disabled implies fully functional, but for their disability. Stephen Hawking is disabled. Terri Schiavo is not. There is no therapy available to help her recover, unless you consider, in the same line of reasoning, that keeping someone who is brain dead on artificial respiration as a form of therapy.

I vaguely appreciate what her parents are going through (not having dealt with this on a personal level with a child of my own, I can't say I truly appreciate it). But outside of their own emotionalism, science and doctors opinions, combined with the law as to guardianship, trump emotionalism. This is well settled. Ask the family of

[Robin]

in the beginnig of time who made the decisions in the hospital? has she become mentally retarded thru injury?same as also becoming a qudra-pelegic? if they hook up a brain monitor and have different people music tv on does the brain respond in any manner,if so she is alive.she isn't in a coma because that is a state of unconsciousness,just because she needs a tube to feed her doesn't mean a thing.and when did her husband start wanting her life stopped was it while she was in icu at the hospital and did he give them dirctives to her care then? it all needs to be considered.