The Fight

It's been a while since I've posted here--been a little bit out of the loop and hope to get back into things really soon. For now, I am going to post something from Megan's blog that I've been wanting to publish for a while. This is something she posted shortly after Terri Schindler was killed. I don't ever want us to forget that what happened to Terri was a horrible atrocity, and I honestly believe something in our society fundamentally changed the day she died (more on that later). Anyway, here is Megan's thoughtful and inspiring post:

I Welcome The Fight Terri Continues To Inspire In Us
Terri had an extraordinarily large extended family. We are all truly better and changed in some ways as a result of her touching our lives. I know I am.

Most of us are still in fight mode. I just think we need to focus that energy in the best possible ways. What had happened to Terri over the course of 15 years is quite a complex web of questionable events. There are areas where people failed Terri and areas where the law failed Terri. We can demand the people be held accountable and demand that laws be changed. We have that power but only by taking reasonable and educated stands. We can get to some accountability in Terri's death if we identify and force change in those areas of culpability.

I am probably like many in that I am so angry I want to point a finger at someone and say "Murder, you are responsible for the killing of Terri Schiavo". It is not that simple. I think we probably all need to realize, we will most likely never get there. But there are steps short of pointing that finger that could force the recognition of this as a criminal atrocity.

Here are some of the areas I plan on being very involved in:

Judge Greer. The impeachable offenses are many. Most of them stem from his refusal to recuse himself due to tangible connections to George Felos and his refusal to remove Michael Schiavo as Terri's guardian even though he violated some 17 requirements under the statute of guardianship (Florida Statute 744.474) I also cannot find ANY law, even loosely translated, that gives Judge Greer the power to deny Terri food and water by mouth. Florida law prohibits this, calling the denial of food and water by natural means a deliberate act to end life. I plan to research and compile those most egregious offenses and with a clear and loud voice, call out for his impeachment. Efforts by many are already underway here.

George Felos. Fraud charges should be brought against him. (Comment deleted in order to correct the facts. To those who had a fit over it, Felos did support the assertions made at the mal practice suit and I even stated that would be a true statement made by him. Thank you for pointing out that my comment was written as though he made that true statement and he did not) He then orchestrates (thru his influence on the Hospice Board) stowing Terri away in the Hospice system, stating her life expectancy at 6 months or less thereby defrauding the Medicaid system. I am assuming this would be enough to have his license to practice law taken away. As well it should be, he is unfit. To state a personal opinion (why not, it's my blog) Mr Felos should be remanded to psychiatric care. Anyone who states he can read the minds of the incapacitated by looking in their eyes or that he can force planes to land with his mind, should be instiutionalized and NOT given the power to wield influence in a court of law.

Michael Schiavo. Boy, it sure gets complicated here. I am still thinking through all of this. (1) Fraud. These charges could probably be brought pretty easily. The money trail will show fraud very clearly. Also defrauding Medicaid as his wife had $750,000 dedicated to her care, yet (with the aide of is attorney) he illegally forced the cost of her care onto Medicaid and spent Terri's money to launch and continue a huge legal campaign to end her life. (2) Abuse and neglect. There is no statute of limitations issue here because the abuse and neglect continued throughout the 15 years and up until her death. Terri had protections legally afforded to her through The Incapacitated Persons Legal Protection Act and the Americans With Disabilities Act. He was also under certain obligations dictated by the statute of guardianship. Michael is criminally negligent and his actions qualify as abuse by denying Terri these protections.

Applicable areas of the law to re-visit.

(1) I would argue that nutrition and hydration should be TAKEN OFF the list of extraordinary or artificial life saving measures. One is not being artificially kept alive based on a need for food and water by any method. If that is the standard, then we are all "terminal".
(2) I would argue that someone's right to die should be a choice one makes to be allowed to die naturally and NEVER if it constitutes forcing someone to die. The burden should be MUCH greater to take extraordinary measures to end life than it is to take extraordinary measures to save life.
(3) I would argue that "right to die" issues are never considered without the written wishes of the patient. It simply should not be within any person's power to make life and death decisions for anyone else.
(4) If it is to remain law that hearsay evidence can be presented via proxy on the patient's wishes, then the "clear and convincing evidence" standard is not high enough. All evidence should be heard and a finding reached based on the evidentiary standard of "beyond reasonable doubt".

In considering these battles and those we might be able to win, I am left with several questions but I will pose this one...

If Judge Greer were impeached based on his findings in this case and his refusal to remove Michael Schiavo as the guardian and Michael Shiavo was found guilty of abuse and neglect, would this make Terri's death criminal?