March 24, 2005

The 2003 report on Terri Schiavo

Is available here (38 page PDF File) -- looks very thorough and comprehensive. Here are the first couple paragraphs:
A REPORT TO GOVERNOR JEB BUSH AND THE 6TH JUDICIAL CIRCUIT IN THE MATTER OF THERESA MARIE SCHIAVO
Pursuant to the requirements of H.B. 35-E (Chapter 2003-418, Laws of Florida) and the Order of the Hon. David Demers, Chief Judge, Florida 6th Judicial Circuit regarding the appointment and duties of a Guardian Ad Litem in the matter of Theresa Marie Schiavo, Incapacitated.

Respectfully Submitted - Jay Wolfson, DrPH, JD, Guardian Ad Litem for Theresa Marie Schiavo - 1 December 2003

Introduction

Sometimes good law is not enough, good medicine is not enough, and all too often, good intentions do not suffice. Sometimes, the answer is in the process, not the presumed outcome. We must be left with hope that the right thing will be done well. We are, each of us, standing in Theresa Marie Schiavo’s shoes. Each of us is profoundly affected by the decisions that have and will be made in this case. Advocates of privacy rights and death with dignity, and advocates of right to life and rights of the disabled provide the compelling definitional parameters of this matter.

On 31 October 2003, pursuant to the requirements of Florida H.B. 35-E (Chapter 2003-418, Laws of Florida) and the order of the Hon. David Demers, Chief Judge, Florida 6th Judicial Circuit, a Guardian Ad Litem was appointed for a period of thirty days with the following charge:

"…make a report and recommendations to the Governor as to whether the Governor should lift the stay that he previously entered. The report will specifically address the feasibility and value of swallow tests for this ward and the feasibility and value of swallow therapy. Additionally, the report will include a thorough summary of everything that has taken place in the trial court and the appellate court concerning this case."

The legislature instructed the court to appoint a Guardian Ad Litem to report to the court and the Governor. Florida law regarding the duties and powers of the Guardian Ad Litem In Re: Theresa Marie Schiavo, Incapacitated

Report to Gov. Jeb Bush and the 6th Florida Judicial Circuit 1 December 2003 Jay Wolfson, as Guardian Ad Litem to Theresa Marie Schiavo Page 1 of 38 afford considerable scope and flexibility. The specific court ordered charge is narrowly constructed, particularly with respect to the questions to be addressed. The recommendations proffered herein are intended for both the Governor and the court, on behalf of Theresa Marie Schiavo.

The Guardian Ad Litem’s efforts have been to deduce and represent the best wishes and best interests of Theresa Schiavo. In that no express, written advance directive existed, determining what Theresa’s wishes might be require a combination of substituted judgment, reasonable person considerations, and an aggressive, objective assessment of the massive legal and clinical record that has been compiled over thirteen years. The entire court file of thirteen years, including items of evidence, has been reviewed and studied, with particular attention given to decision points in the case history that are reflected in motions to and orders by the Court. The case review has included clinical and medical records, discussions with members of the family, caregivers, and with medical, legal, bioethical and religious practitioners and scholars and the conduct of independent research into the substantive issues in this case. The GAL has met regularly with Ms. Schiavo, his ward.

Below, the questions posed to the GAL are addressed with recommendations, followed by an introduction to the case, a summary of the case, a summary of legal and medical issues in this case, and an expanded analysis of the recommendations at the conclusion of the report.
There is zero doubt that Michael Schiavo is a stinking turd but there is dirty politics on both sides of this issue. Her parents are in the major Want To Believe stage and are pulling out the stops. Still, the Exit Protocol as found by Straight Up With Sherri is brutal:
The nurse who discovered the Exit Protocol, Cheryl Ford, R.N., a Tampa nurse, was reviewing Terri’s medical file at the request of the Schindler family when she found the document. For the benefit of our readers, Ford agreed to explain this document in detail. [Editor’s note: The protocol, in bold print, is followed by Ford’s comments.]
I will quote only one excerpt: Ford:
Multifocal myoclonus or terminal agitation [sometimes caused by electrolyte imbalance]. Consider diazepam rectal administration 5-10 mg. May repeat in 4 hours if not resolved then daily — twice daily as needed.
Sherri:
Multifocal myoclonus means seizures taking place in various parts of the body. “Because of the electrolyte imbalance, Terri will begin to have seizures,” Ford said. “She’ll start to twitch. You don’t see this in an oncology patient because they’re already dehydrated. Even the elderly, who are going into the natural process of death, their bodies are doing what God created them to do — slow down. "Our job as health-care professionals at this point is to understand the death process and to oblige the process God has given these people to help them in comfort measures — palliative care — not to enhance death. But Terri’s not terminal," Ford said. "What they’re doing here is starving a healthy person to death. This is the only reason why she’ll go into multifocal myoclonus."
If you read the links, basically, the only thing they are doing is anal suppositories inserted four times each day. Jesus Christ -- give her a morphine drip for the love of God. She may not be "there", she may not be able to move or talk but there is the offhand chance that she is able to feel. Why are these people begrudging a couple bucks worth of Morphine to ease her way out. This murder and death will have repercussions for a long long time. Posted by DaveH at March 24, 2005 11:01 PM
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