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mystic
Evil Queen
offline
Registered: Apr 2003
Local time: 12:41 PM
Location: In my castle
Posts: 13357
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This was interesting as well:
A snippet of an article I found: So they are claiming the hospice and hospital are also to blame...
Doesnt anyone see that this is wierd. Now they are saying he had influence on a hospice, and a hospital as well?
Anyhow...
Sept, 3 2003.
Attorney named as 'non-party co-conspirator' to civil rights violations
The lawsuit filed by Terri's parents accuses Schiavo, both personally and in his official capacity as Terri's legal guardian, of violating the Americans with Disabilities Act for refusing to provide appropriate medical care and rehabilitation therapy, which are required by the law and for seeking to deprive her of nutrition and hydration, which is forbidden by the law.
George Felos, Michael Schiavo's attorney and a noted author and advocate in Florida's so-called "right to die" movement, is also named as a "non-party co-conspirator" in the lawsuit. The Schindlers allege that Schiavo, with Felos' help, sought to deprive Terri of her due process rights under the Fifth and 14th Amendments to the U.S. Constitution.
The suit charges that Terri was denied a guardian ad litem during most of the legal proceedings in which her husband sought to end her life and, the remainder of the time, suffered from "ineffective assistance of counsel, due process violations, and blatant conflict of interest with Terri's guardian, defendant Michael Schiavo," who is responsible for seeing that her legal interests are represented.
The only guardian ad litem and the only attorney to represent Terri prior to her parents' intervention in the case were removed when the attorney suggested that Michael Schiavo had a conflict of interest that prohibited him from serving as Terri's guardian.
The complaint also alleges that Schiavo and Felos conspired to deprive Terri of access to her priest in violation of the First Amendment and that the use of a 1999 Florida law in her case represented a Fifth Amendment due process violation of the constitutional prohibition on ex post facto legislation since Mrs. Schiavo had suffered her injury in 1990.
All of the cumulative rights violations are alleged under 42 USC 1983, which provides that, "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."
The hospice where Terri Schiavo is being kept and the hospital where her infection was supposed to have been treated are also accused of violating the Rehabilitation Act of 1973. That law requires that "handicapped" receive comparable medical care to that given able-bodied patients with similar conditions or injuries. Both facilities are subject to the Rehabilitation Act because they receive federal Medicare funding. The hospital is also charged with violating provisions of the Social Security law in 42 USC 1395dd, which requires the examination and appropriate treatment of emergency medical conditions and forbids the discharge of patients before their conditions are stabilized. The Schindlers believe their daughter was prematurely discharged from the hospital on more than one occasion in an attempt to hasten her death.
Felos accused the Schindlers of trying to subvert the Florida justice system.
"The purpose of this lawsuit is to invalidate the lower court's decision," Felos told the Tampa Tribune Tuesday.
U.S. District Judge Richard Lazzara gave the Schindlers ten days to file an amended version of their lawsuit and offered Felos an additional ten days to respond. He would not, however, block a hearing scheduled for Sept. 11, during which Pinellas-Pasco Florida Circuit Judge George Greer is expected to set a date for Terri Schiavo's feeding tube to be removed.
Attorneys for both sides told reporters after the emergency hearing Tuesday that they do not expect Greer to set that date any earlier than the 20-day period set by the federal court for the Schindlers' amended complaint and Felos' response.
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03-23-2005 05:13 AM
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fuscia
no title
offline
Registered: Jun 2003
Local time: 10:41 AM
Location:
Posts: 24908
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| quote: |
sowhatsthetruth said this in post #21 :
Where is this $700,000?
She has been getting no speech therapy, physical therapy, rehabilitation whatsoever.
The family has been wanting to provide these things, but Schiavo won't allow it.
Divorce her. Why won't he divorce her? Will he not receive this 700K if he divorces her? No wonder he wants her dead as soon as possible.
And with all these other allegations, there may be another motive.
It's all very fishy. |
The accusation that he denied her therapy is false. After the malpractice claim, he had her flown to California to try an experimental brain stimulator. He also had an aide work with her on therapy 8 hours a day during at time that she also saw speech and occupational therapists. His lawyer says there is NO money to go to Michael because it was spent all on Terri. As for these accusations, the nurse had an axe to grind. According to Michael and his lawyer the charge nurse said that Michael really got on the nurses if he thought they were not treating Terri very well. She worked with Terri daily for 4 years and said that Terri NEVER was able to swallow.
Why divorce her? He could. It would make his life easier, but he made a promise to the woman he loves and is man enough to honor it. All of these stories are spun from the Schindler side. Why the rift between the families? Because MR. Schindler wanted Terri's half of the money for himself instead of it going to Terri. Yep, daddy tried to shake down the son-in-law for money. Some father. 
I should also note that as of 2003 according to Michael Terri has NEVER had even a bed sore and has only had pneumonia once. Controlling, yes, why the hell not? His wife is in the most vulnerable state you can be in. Everyone knows that the patients who have pushy demanding relatives are less likely to be abused in nursing homes.
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03-23-2005 05:21 AM
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schmiggens
Outrageous
offline
Registered: Apr 2003
Local time: 02:41 AM
Location: In The Zone
Posts: 18698
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| quote: |
| After all, if it was YOUR wife, and you had had a conversation about not ever wanting to live like a vegetable, etc... and this happened to her, it would be YOUR word... and you would try to do your best to uphold her wishes!!! |
You can say that, but the reality is until you actually go through a situation like this, you can't know what you would do in their shoes.
Sherry, if Ron was like this, and you saw him smile, you would probably hold onto that small glimmer of hope and try and keep him alive.
KJ, I would think you would do the same for your partner.
Granted 15 years is a long time to hold on based only on a smile, but it's certainly not unreasonable behaviour in a situation like this.
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03-23-2005 06:14 AM
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