What I Have Learned from the Schiavo Case

1) Jeb Bush, George W. Bush, and Tom Delay are all world renowned neurologists.

Being a “Neurologist” has nothing to do with it. When Michael Schiavo appealed to the court system, he opened up the case to government intervention. The White House NOR Congress ever asked for a change in decision, they simply ordered a full review of the case. So let’s not pull out any conspiracy theories on this one… after all, this is a HUMAN LIFE at stake, not some piece of meat.

Oh.... and by the way… I spent six years of my life providing physical therapy to neurologically impaired persons in intensive care units and neuro rehab at the largest hospital in Nevada. I happen to actually KNOW a LOT about neurological impairments.

2) 22 successive court battles that all ended in exactly the same way means there is something wrong with the courts, not the Schindlers’ case.

Faulty conclusion. It is highly probable that the courts followed procedure correctly but came to the wrong conclusions. For instance. in 2000 the courts determined as a “finding of fact” (which cannot be overturned btw) that Terri Schiavo was in a PVS and that she wished to die if she was ever in such a state. Now, a finding of fact does not necessarily mean that their findings are 100% correct… just that these are the facts that the court is going to continue forward on. In fact, several neurologists , occupational therapists and speech therapists in 2003 were asked to assess Terri’s condition. None of the doctors or therapists were aware of her case. Several of the doctors including neurologist, Dr. Jay Carpenter, said that during the course of his full evaluation he had serious doubts as to her diagnosis and prognosis. He found that Terri could eat Jell-O cubes and swallow thickened liquids. Both which are tasks that require higher brain function. Also, he found that she responded and tracked him when he entered the room. He also had numerous other findings that were in line with the other neurologists who examined her. However, when they went to court to provide their professional testimony on the matter, he and all of the other physicians and therapists were shut down any time they questioned the diagnosis and prognosis of the patient. The defense attorney would immediately cut them off by objecting and state “The court has already determined in it’s finding of fact in 2000 that Terri Schiavo IS in a Persistent Vegetative State… this hearing is not about diagnosis or prognosis, only the current status of this patient.” So as you can see.. the courts can be fully correct in following procedure, but come out totally wrong in their results.

Finding of facts are NOT debateable and cannot be overturned. For instance, the finding of fact in the Microsoft anti-trust case came to the conclusion that Microsoft was in FACT a monopoly and had in FACT abused it’s monopolistic powers. All court cases would always look to these facts as just that.... facts. Whether true or not.

3) Mike is after money which is why he turned down 1 million dollars and 10 million dollars to sign over guardianship.

Who knows why he turned it down? I can think of several possible answers. From a PR stand-point he’d look like a money-grabber if he actually took people up on the offer. So in order to save face, he refused. Or a darker, more sinister conspiracy answer could be something along the lines that he didn’t ever want Terri to be able to open her mouth and speak… for reasons he only knows. Doesn’t it strike you as slightly odd that he will not even give the slightest concession to her family?… he refuses to let her be buried as her family has wished and has now stated that he is not going to give the family her ashes either. Odd.

4) Congress and the State Legislature of Florida has nothing better to do than pry into the private medical affairs of others.

You forget… Michael Schaivo is the one that ran to the State. He instigated the involvement of the government.

5) Pulling life support is bad in Florida when authorized by the legal next-of-kin, but pulling life support is good in Texas when you run out of money and the mother pleads not to pull the plug on her baby.

Being on a feeding tube is NOT life-support. Hell… a person doesn’t even need a nurse to have a feeding tube… we trained family members all the time on the way to properly feed someone with a tube. It’s simple.

Pulling life-support for someone that is on full ventilator, kidney machines and other life-supporting paraphenalia is NOT equivalent to pulling a feeding tube from someone who is semi-dependent upon it. Truth is, since Terri is able to eat and swallow, she technically doesn’t need the feeding tube. In fact, the court order is ONLY for the feeding tube… it does NOT contain an order to restrict food and water of any kind. This was an order from Michael Schiavo, not the judge.

6) Medical diagnoses are best performed by watching highly editted videotape made by Randall Terry rather than in person by trained physicians.

I’ll tell you what. I’ve personally worked with over 1,000 neurologically impaired patients… and the video gave me chills when I saw it. Trust me. I’ve worked with people in a PVS, and I highly doubt in one. Oh, she’s definitely impaired.... but in my opinion she is not in a PVS.

7) Minimum wage making nursing assistants are more qualified to diagnose a persistant vegetative state than experienced neurologists.

You referring to the neurologists who called into question the diagnosis in 2003? But I digress, nurses definitely cannot truly “diagnose” a patient… however, they certainly are aware when a patient is aware. They are not idiot drones who have no clue as to what is going on around them. Nurses who work in the neurological arena are VERY keen on what is truly going on with a patient.

8) Cerebral spinal fluid is a magical potion that can mimic the entire functions of a missing cerebral cortex.

You’d be amazed at what the brain can do with very little tissue.

9) 15 years in the same persistant state is not really enough time to make an accurate diagnosis.

Impaired yes, diagnosis… well, that’s questionable. The problem here is the same as stated above. The family had very little money to combat Schiavo (who had money from the settlement) and was not able to pay for separate doctors to evaluate her. It’s too bad since the findings of fact in 2000 are what every action and ruling has stemmed from to this date.

10) A feeding tube that infuses yellow nutritional goop is not really “life support”.

Your assessment is correct.  I worked with two dozen people in my career who had life-long feeding tubes in place because their ability to swallow was impaired neurologically or because of muscular degeneration or surgies that impaired the swallowing function. Many of them were completely, 100% cognitively there, but the motor cortex that controlled swallowing was irreversibly impaired. In medical definitions, a feeding tube is NOT considered life support by even the slightest measure.

11) Jesus was wrong when he said that a man and woman should leave their parents and cleave only to each other.

Nope… he was right. So why is Michael in another relationship cleaving to another woman?

12) Marriage is the most sacred of all unions, except when it isn’t.

???? Tell me how Michael has been faithful throughout all of this… because he hasn’t.

Proof?… how about those two children he fathered outside of his marriage?

13) Interfering in a family’s private tragedy is a great reason to cut short a vacation, but getting a memo that warns a known terrorist is determined to strike inside the US is cause to relax and finish up some R&R;.

Yawn..... you make me tired.

Fact is… a person’s life is seriously at risk.... aka… they are going to die as a matter of fact. Essentially a time clock ticking down. Obvious differences.

14) Pro-lifers are really compassionate people which is why they are hoping that Michael Schiavo dies a horrible painful death.

Who ever said that?

15) The Supreme Court of the United States and the State Supreme Court of Florida mean “Maybe” when they are saying “No!”.

No.... the court systems are following proper procedure after the finding of fact. They are simply following correct procedure on incorrect findings of fact.

16) Supreme Court Justice Antonin Scalia is a bleeding heart liberal.

See my answer above. Of all people in the court system, Scalia is one who is adamant about court procedure.

17) 7 Supreme Court Justices were appointed by republican presidents, so it’s Clinton’s fault.

See my answer above.

18) A judge who makes rulings based on the law is obviously an atheist, liberal, democratic activist even though he is a conservative, republican, Southern Baptist.

No..... but unfortanately Terri’s family didn’t defend their position at the right point in time. The findings of fact are their undoing. Thus the dominoes keep falling.