Schiavo Thread Part Deux

[DRoseDARs]

Originally posted by General Ludd


Take your bible nonsense else where, thanks.

Not a Judeo-Christian, thanks.

[MichaeltheGreat]

Originally posted by Elok
Fair enough. Do we know who does stand to inherit if not the husband, or if there is something to inherit (having read MtG's post)? That's the only thing about it, based on what little I've heard, that really bugs me, that the husband of all people is getting to decide for some reason, despite having clearly moved on. If he has the potential for personal gain he should not have the deciding say in the matter all to himself no matter what state she's in.

There was about 700 grand from a medical malpractice settlement, plus who knows what if anything else from life insurance policies (not necessarily cancellable if someone keeps paying the premiums on time).

According to the hubbies' side, that's been pissed away in legal fees and some medical costs, according to the parents, he's held back on medical for years and there's money there. I have no idea which is true, and what if any of it has been admissible in all the law and motion stuff that's gone on.

[JohnT]

nm

[MichaeltheGreat]

Originally posted by Guynemer


You should try medicine.

Going to law school next year, does that count?

[General Ludd]

Originally posted by DRoseDARs


Not a Judeo-Christian, thanks.

Denial.


You came out and started talking about souls, your game is up.

[Imran Siddiqui]

according to the parents, he's held back on medical for years and there's money there

Frankly, I think keeping a person tied to a feeding tube for 10 years probably would have exhausted the $700k. Then again, maybe we should ask Guy if that is a reasonable assumption to make.

[DRoseDARs]

Originally posted by General Ludd


Denial.


You came out and started talking about souls, your game is up.

I'm a Taoist, jackass.

[Guynemer]

Yes. To both of your questions.

[General Ludd]

Originally posted by DRoseDARs


I'm a Taoist, jackass.

Yeah, right.

[Capt Dizle]

How long after she became like this before the hubby moved on. I think I read she has been like this for more than 10 years? It is a lot to expect a man or woman to remain alone for a decade or more. My mother had a stroke and my Dad cared for her for 15 years. She wasn't quite herself, but she was. In this case, if she has been in vegetative state, I don't know how I could criticize her husband for moving on. I was proud of my Dad for standing with my mother, but it came at great price. I'd have to avoid judging the guy on this one.

If I were to befall should a thing, I wouldn't want to be maintained in her state; nor would I want a loved one to have make such a sacrifice. I would want them to move on and find happiness.

[Elok]

Originally posted by General Ludd


Denial.


You came out and started talking about souls, your game is up.

He was saying that it isn't "bible nonsense," which is true, the concept of a soul is not unique to the abrahamic faiths. It's also not grounds for legal argument under current precedent, but part of his point remains.

MtG: Dunno about you, but provided her mental function has in fact gone and those deciding don't stand to inherit a bundle, it's not a big deal for me.

[Boris Godunov]

Originally posted by Imran Siddiqui

according to the parents, he's held back on medical for years and there's money there

Frankly, I think keeping a person tied to a feeding tube for 10 years probably would have exhausted the $700k. Then again, maybe we should ask Guy if that is a reasonable assumption to make.

An article I saw recently put the total Schiavo health bill at $1.2 million, so I'd say that's more than likely.

[Bill3000]

Does this have to be linked again?

http://abstractappeal.com/schiavo/infopage.html

Is Michael really just looking for money?

I have no way to know. I know what the Schindlers say to reporters, but then I know that the Second District's first decision in the case used these words to describe Michael's care for Terri:

Theresa has been blessed with loving parents and a loving husband. Many patients in this condition would have been abandoned by friends and family within the first year. Michael has continued to care for her and to visit her all these years. He has never divorced her. He has become a professional respiratory therapist and works in a nearby hospital. As a guardian, he has always attempted to provide optimum treatment for his wife. He has been a diligent watch guard of Theresa's care, never hesitating to annoy the nursing staff in order to assure that she receives the proper treatment.

Recently, Michael received an offer of $1 million, and perhaps a second offer of $10 million, to walk away from this case and permit Terri's parents to care for her. These offers, assuming there were two, were based on a misunderstanding of the situation here. Michael lacks the power to undo the court order determining Terri's wishes and requiring the removal of her feeding tube. He did not make the decision and cannot unmake it. The court made the decision on Terri's behalf. Nonetheless, Michael apparently rejected each offer.

Why did Terri’s husband get to make the decision about whether she should live or die?
Michael Schiavo did not make the decision to discontinue life-prolonging measures for Terri.

As Terri's husband, Michael has been her guardian and her surrogate decision-maker. By 1998, though -- eight years after the trauma that produced Terri's situation -- Michael and Terri's parents disagreed over the proper course for her.

Rather than make the decision himself, Michael followed a procedure permitted by Florida courts by which a surrogate such as Michael can petition a court, asking the court to act as the ward's surrogate and determine what the ward would decide to do. Michael did this, and based on statements Terri made to him and others, he took the position that Terri would not wish to continue life-prolonging measures. The Schindlers took the position that Terri would continue life-prolonging measures. Under this procedure, the trial court becomes the surrogate decision-maker, and that is what happened in this case.

The trial court in this case held a trial on the dispute. Both sides were given opportunities to present their views and the evidence supporting those views. Afterwards, the trial court determined that, even applying the "clear and convincing evidence" standard -- the highest burden of proof used in civil cases -- the evidence showed that Terri would not wish to continue life-prolonging measures.

[DRoseDARs]

Originally posted by General Ludd
Yeah, right.

Dig up old threads yourself as I've already stated it numerous times when the subject comes up.

[MichaeltheGreat]

Elok - I don't think it's a big deal myself, but obviously her parents and family do. If she's not demonstrably in pain, then I don't see the problem with the hubby giving her back to the parents, getting a divorce and moving on with his life - if I was in his situation, and knew she wasn't conscious and trapped in that body, or in serious pain, I would have done that.

The taxpayers shouldn't be forced to subsidize it, but if the parents want to keep her going, why the hell not?

After my brother's experience with Agent Orange related cancers 11 years ago, I did a living will straight away, so there won't be any doubt as to what to do with me. It's a weird thing to think about at that age (I was 34), but things can happen any time, so I just dealt with it and settled that stuff straight away.