01/12/2006

Terri Schindler-Schiavo redux

I was a latecomer in following the Terri Schiavo story, and I admit that when I finally began to take the story seriously, I was shocked over what I had discovered. Therese Marie Schindler-Schiavo was brain damaged as a result of a yet unexplained event when she suffered a deprivation of oxygen to her brain. My original focus concerning this story happened to be the issue of the claim that she collapsed because she was bulimic. However, there is sufficient evidence, even without the autopsy findings to put paid to the myth that Terri collapsed because of bulimia.

I find that most ignorant people who have an agenda that includes the promotion of euthanasia on demand continue to believe the lie that Terri had suffered a heart attack due to a low potassium blood count. The people who continue to believe this myth have not taken the time to do the research. They really have no idea about the true circumstances surrounding this case. These are the people who are so ignorant that they also believe the lie that Terri was "brain dead". Terri was classified as neurologically awake. She was not brain dead. She was aware of her environment. She recognized her parents and she responded to them. Some of her nursing staff reported on the way that she laughed at their jokes. Terri's brain damage was severe, and over time, if therapy had not been withdrawn, there was the chance that Terri could have continued to improve, just like men and women all over the world who have suffered brain damage due to having a stroke. The autopsy report stated that Terri's heart muscle showed no signs of damage to to a heart attack, thus one of Michal Schiavo's many lies was exposed by the Medical Examiner.

Prior to the DNR signs first going on to Terri's charts Michael Schiavo sued two of Terri's doctors caliming that they failed to diagnose bulimia. One of the doctors settled out of court and Michael Schiavo received $250,000 under false pretenses. The records that this doctor held were examined and he was exonerated of any wrong doing. In other words, Michael Schiavo should have returned the money that he had received as compensation from this doctor because the charge of neglect was not proved.

When Dr. Thogmartin recorded an open finding regarding how Terri Schindler-Schiavo ended up with severe brain damage, he left the way open for further investigation if anything new became available. Now, it seems that one of the missing documents has been found. This document relates to the investigation of Dr Prawer who was exhonerated as far as the medical review board is concerned. Michael Schiavo has not paid back the $250,000 that he was awarded by way of settlement with Dr. Prawer. The issue that needs to be investigated is whether or not Schiavo and his lawyers knew that Terri did not have bulimia and that he and his lawyers deliberately misled the court into believing the  story that keeps doing the MSM rounds. 

There has not been adeqate investigation in this case. There has been too much in the way of a cover up when it comes to how Terri collapsed in the first place. It is time for Michael Schiavo to be charged with the murder of his late wife, Terri. He lied to the courts with regard to her wishes, and Terri became the victim for those who want to introduce euthanasia on demand.  

 

 

Comments

They won't prosecute unless they feel that a conviction is possible.

With no witnesses, no real evidence of a crime (speculation and plausible theory are not enough) and no confession the probability of convicting anyone is very remote.

Putting that aside for a moment there is also another issue that would make it problematic to prosecute- the defense attorney would argue that it would be nearly impossible to empanel a fair and impartial jury. It would be a real challenge to find anyone that didn't follow the case in the media and that didn't have an opinion (likely a VERY STRONG opinion) on the right and the wrongs in this case.

I doubt any prosecutor would want to touch any aspect of this case. To pursue any charge other than murder would make the prosecutor appear to be a coward. So it is unlikely they would even consider the lesser possible charges like fraud.

It is not likely that any insurance fraud charges will ever come forward since the payments were made based on a trial award of damages. Even this latest document to surface isn't very powerful or compelling- a jury at trial reached a different conclusion than a medical review board- that is what it boils down to.

Different standards, different protocols, different approaches, different purposes, different process.

The medical review boards look at the issue of whether the doctors license should be reviewed and whether he should be allowed to continue practicing medicine.medical review board process is not comparable to trial process.

It is possible to practice medicine according to the standards of the profession and yet still have failed in meeting your legal obligation, legal duty or contractual obligation.

Insurance companies and the lawyers working for them are not stupid and they don't settle cases out of court unless they feel that the evidence to be presented against them is going to result in a loss, or that it would outrage the jury enough to cause an award that would be substantially greater that what they are willing to offer in settlement.

It seems the insurance company and its lawyers felt that the evidence available to support the claims being made was strong enough or inflammatory enough that they didn't want to risk paying a much larger jury award.

The insurance company that settled isn't making any noise about fraud because there is no legal basis for such claims.

Apparently the insurance company understands the legal issues and the realities.

The insurance company didn't raise the fraud issue. They aren't encouraging anyone to raise the issue.

It is a fabricated non issue created by ignorant people and perpetuated by ignorant people who have a specific cause they are trying to support and further.

Posted by: Amazed | 01/12/2006

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