Excerpt:
The Americans with Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America.
(Florida Law Mandates That Terri Receive Rehabilitation Services)
The Real Issue: Treatment Options and the Result
The real issue in the Terri Schiavo case was revealed earlier in Judge Greer's November 22, 2002 order to remove Terri Schiavo's feeding and hydration tube:
The real issue in this case, however, deals with treatment options for Terry [sic] Schiavo and whether or not they will have any positive affect so as to "significantly improve her quality of life."(Quote source: Nov. 22, 2002 ORDER emphasis added)
According to Judge Greer, the real issue in this case is about whether treatment options for Terri Schindler Schiavo will significantly improve her quality of life:
Initially, the Mandate required the court to hear testimony from five expert medical witnesses to determine whether or not "new treatment offers sufficient promise of increased cognitive function in Mrs. Schiavo's cerebral cortex--significantly improving the quality of Mrs. Schiavo's life--so that she herself would elect to undergo that treatment and would reverse the prior decision to withdraw life-prolonging procedures"(Quote source: Nov. 22, 2002 ORDER emphasis added)
The above excerpt of Judge Greer's November 22, 2002 order (which contains his summation of the October 11, 2002 trial) sends the message that if Terri's treatment options would significantly improve her cognitive function, she would choose to undergo that treatment.
According to Greer's findings, treatment options presently available do not offer Terri "sufficient promise of increased cognitive function." His order reflects this value system: no significant increased cognitive function means no increased quality of life. Therefore, since Judge Greer found that Terri Schindler Schiavo's treatment options will not cause her to significantly improve in cognitive function, he also found that Terri would choose to receive no medical treatment!
Judge Greer accepted the testimony of the doctors who did not believe Terri would benefit from the medical treatment that is currently available:
Dr. Hammesfahr feels his vasodilatation therapy will have a positive affect on Terry (sic) Schiavo. Drs. Greer, Bambakidis and Cranford do not feel it will have such an affect.(Quote source: Nov. 22, 2002 ORDER)
Judge Greer did not accept Dr. Hammesfahr's testimony, nor did he permit him to treat Terri. (Dr. Hammesfahr has already offered to treat Terri Schiavo free of charge.) Judge Greer predictably sided with the doctors who testified that Terri could not improve with therapy.
Since Judge Greer stated in his order that "The real issue in this case, however, deals with treatment options for Terri," then WHY has he refused to permit Terri to have treatment? Because according to his findings, treatment options will not "significantly increase her quality of life."
Judge Greer made it known that the real issue in Terri's case is "treatment options and whether or not they will have any positive affect so as to "significantly improve her quality of life." According to the Sixth Circuit Court of Clearwater, Florida, the level of a person's cognitive function determines his or her quality of life.
According to the precedent which will be achieved if Terri Schindler Schiavo is dehydrated to death, rehabilitative treatment will be granted individuals the court has ruled will enjoy significant improvement. Those the court rules will not significantly improve will be denied any treatment and will be put to death.
The Terri Schindler Schiavo case is about "the first case of euthanasia in Florida's reported case law."
But this case also sets another dangerous precedent: the denial of medical treatment and rehabilitation services to people who are ruled to be poor candidates for significant improvement. It is currently against the law to deny treatment to any substantially disabled person:
The Americans with Disabilities Act (ADA), 42 U.S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America.
(Florida Law Mandates That Terri Receive Rehabilitation Services)
Terri Schindler Schiavo is the first person in reported case law who has been denied rehabilitative treatment (which violates current laws) because Judge George Greer ruled that such treatment would not "significantly improve her quality of life."
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