As I see it, it is a matter of presumptions. There is a presumpton that most rational people would prefer to get well if possible. This presumption can be overcome -- a patient is absolutely entitled to refuse treatment in which case the physician's responsibility is to make sure the patient understands the consequence of the decision and then to act in accordance with it if he the understanding is there. For instance, if someone had cancer and the physiciain was convinced the patient could be cured by massive doses of radiation, it is the *patient's* opinion of all this that matters. Sure.
There is also a presumption that a person appointed as guardian will act in the interest of the ward. This presumption can be overcome where there is sufficient evidence to the contrary. In my opinion this shoud have happened in this case, but did not because Michael Schiavo and Judge Greer had agreed that dying was in Terry Schiavo's best interest, and he refused to evaluate evidence to the contrary. I do think that this woman should have had an advocate that spoke for her, not her husband, not her parents, her. Dana On Apr 7, 2005 9:51 PM, Gruss Gott <[EMAIL PROTECTED]> wrote: > > Sam wrote: > > I agree that Micahel Shiavo was legal > > guardian. I'm questioning if she was PVS and if the Judge used > > If you agree that Mr. Schiavo was the legal guardian then doesn't that > end all arguments? As I understand it we all have the right to refuse > medical treatment and, if we can't speak for ourselves, our guardians > have the right to make that decision. > > In this case Mr. Schiavo was guardian and asserted that Ms. Schiavo > would like further medical treatment which would include feeding > tubes. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Find out how CFTicket can increase your company's customer support efficiency by 100% http://www.houseoffusion.com/banners/view.cfm?bannerid=49 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:153144 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
