Michael Schiavo's attorneys attempted to discredit Dr. William
Hammesfahr testimony that Terri's neck injuries are consistent with only one type
of injury: that of strangulation. Dr. Hammesfahr is a Nobel prize nominee and
neurologist.
MYTH: Terris condition was caused by a heart attack.
FACT: Terri was NEVER diagnosed as a heart attack victim when she was
admitted to the Northside Humana emergency room in February 1990. To this day, her family
does not know the true cause of her collapse. Doctors immediately excluded heart attack as
her blood enzymes were not elevated which is typical in all heart attack victims.
Terris toxicology screen also eliminated any suspicion of drugs.
Dr. Hammesfahr revealed that not only has Terri never had a heart attack as widely
reported in the major media, she also never even had a cardiac arrest (her heart never
stopped). She had arrhythmias of the heart, but not a "stopped heart." He
explained that Terri's injuries were multiple and showed injury to her.
He stated that Terri had marked injury to her neck which still exists
today, and that he has only seen a similar injury, with spinal cord involvement as well as
brain injury, in one case where a patient had been strangled. He stated
that Terri had an L-1 injury to her spine, which he stated is common among persons being
thrown against a table, for example.
The cardiac arrest/heart attack continues to be Michael Schiavo's claim. Medical records
reveal that she did not have a cardiac arrest, but that she did have arrhythmias of the
heart. She also had an "extraordinarily rigid neck," a head injury, and several
bone fractures which revealed a "history of trauma."
Asphyxiation can cause lack of oxygen to the brain and is associated with an
extraordinarily rigid neck and neck injury (both confirmed in Terri's medical records) but
was overlooked in favor of the cardiac arrest disinformation. Strangulation and
arrhythmias of the heart can also cause the brain to be deprived of oxygen.
Michael Schiavo and Terri Schlinder Schiavo Background from Florida Statutes and
Guardianship Records
1) Bone scans and medical records from 1990 indicate severe trauma, and numerous broken
bones. No criminal investigation has ever been conducted. US Forensic Pathologist Michael
Baden reviewed these records and concluded that a criminal investigation should be
conducted.
2) Michael Schiavo defrauded the courts by promising to care for Terri for the rest of his
life and then used the jury awarded $700 thousand specifically designated for Terri's
rehabilitation for his own personal gain and to end Terri's life. This also violates Fl
Statute. 825.103 "Exploitation of an elderly person or disabled adult" which
prohibits the misuse of a disabled person's funds by the guardian.
3) Further, Section (2)(a) states that If the funds, assets, or property involved in the
exploitation of the elderly person or disabled adult is valued at $100,000 or more, the
offender commits a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
4)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.
5) Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part
authorizes the representative or guardian of an individual with a disability to decline
food, water, medical treatment, or medical services for that individual."
6)Failure to Discharge His Duties under FS § 744.474 (2) requires that the guardian
protect the rights of the ward, provide for her health and safety, properly manage her
financial resources and help her regain her abilities to the maximum extent possible.
7)The initial move to Hospice was done in violation of the annual plan and without court
permission in violation of FS § 744.3215(4)].
Terri has the right to receive visitors and communicate with others. FS § 744.3215
9) Terri has the right to receive "palliative care" which is the comprehensive
management of the physical, psychological, social, spiritual, and existential needs of the
patient. FS. § 765.102.
10) In 1990, Michael took Terri to San Francisco for experimental medical treatment,
without the necessary prior approval of the Court. FS. § 744.3215(4).
11) The guardian is required by law to prepare and present an annual plan. FS §
744.3675.Repeatedly, the annual plans have been filed late or not at all
12) In his annual reports, Schiavo has failed to prepare and present any plan for the
provision of medical, mental health, and rehabilitative services in the coming year as
required by FS §744.3675 (1)(b)(3)
13) The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords
protection to disabled persons from abuse, neglect and exploitation
14) Fla. Stat. § 415. 102(1)(2002). Schiavos isolation of Terri and refusal to
provide adequate physician attention, rehabilitative services, dental care and other
medical services constitutes abuse under the Adult Protective Services Act as well as the
guardianship statutes.
15) Schiavos decision to hold Terri at Hospice after it was clear that she was not
"terminal" within Medicare guidelines was an improper use of the wards
assets. In order to receive federal payment for hospice care, the facility must obtain a
certification from the attending physician within two calendar days of initial admission
that the patients "prognosis is for a life expectancy of 6 months or less if
the terminal illness runs its normal course." 42 C.F.R. § 418.22 (2001) Terri has
been in Hospice 3 years.
How the Legal Battle
for Terri Shindler Schiavo's life was lost at the onset. Michael Schiavo and George Felos
Fact - Once the malpractice
money was in the bank, Michael Schiavo refused to allow treatment for an infection that
Terri was suffering and ordered that she not be resuscitated in the event of cardiac
arrest. Michael
Schiavo Motives
An MRI or PET is needed to determine the level of brain damage Terri Schiavo Brain
Scan
Teenager Arrested for trying to sneak in a drink of water to Terri Schiavo Arrest Photo
My Journey With The Schindlers By Father
Robert J. Johansen Love
for Live Fight Against Death
Michael Schiavo - Money Trail Review - Intent
and Actions - Purpose Terri Schiavo Dead
What evidence is there concerning Terri's
strangulation? Schiavo Medical Evidence
Terri Schiavo versus Michael Schindler - Myths and Facts. Liberal Death Penalty ?
Judge orders the premeditated killing
of disabled Florida woman Judge Greer
The fight for Terri http://www.terrisfight.org
Blogs for Terri -
http://www.blogsforterri.com |