[quote name='Duo_Maxwell']Ackbar I basically agree with most of your points but you state over and over the the evidence of her wanting to die if she was in this sate but where's all that evidence. All I've heard is her husband, who clearly isn't going to state otherwise. Frankly if all this evidence this denying her wishes existed as you say this would've ended years ago. If anything good comes from this whole tradegy/fiasco it's that maybe it motivated some of the more procrastinating people to create a living will to prevent situations like this ever occuring to them.[/quote]
I don't know the people involved in the case. I don't know much of anything at all about the husband or wife. But it has been stated by both the husband and coworkers and friends that she would not want to live this way. Of course her parents disagree. Ultimately, we need to take the word of the individuals in the case, because she left no living will.
As for the parents, it should be made clear that the parents have presented no reliable evidence to support their position that has stood up under cross examination.
As for the husband, he is not just supported by his own statements but by his co-family. Further, the courts have found no evidence to conclude that he wasn't a kind and caring husband. Nor has there any evidence been presented that the statements made by him and his co-family aren't credible.
Again, that's not something in writing, but there has not been any credible challenges to the husbands assertions.
For many people, this won't be enough. But barring written instructions, this is the next most convincing and thorough evidence we have.
Let me quote the
independents guardian report.
"Of the Schindlers, there has evolved the unfortunate and inaccurate perception that they will "keep Theresa alive at any and all costs" even if that were to result in her limbs being amputated and additional, complex surgical and medical interventions being performed, and even if Theresa had expressly indicated her intention not to be so maintained. During the course of the GAL's investigation, the Schindlers allow that this is not accurate, and that they never intended to imply a gruesome maintenance of Theresa at all costs.
"Of Michael Schiavo, there is the incorrect perception that he has refused to relinquish his guardianship because of financial interests, and more recently, because of allegations that he actually abused Theresa and seeks to hide this. There is no evidence in the record to substantiate any of these perceptions or allegations."
Ultimately, it can be said that this is a horrible tragedy. But with all the evidence that is reasonably available, it can be said that she wouldn't want to survive in a vegatative state. I'm not saying that because I know it. I don't know squat about these people.
But I know that the comments of her husband and those that add vocal evidence that she wanted her tube removed have stood under examination. While the vocal comments of the family have serious flaws and contradictions that place huge doubts on even when Terri made statements that she would wanted to live.
So looking at the
reliable evidence in the case, the only reasonable conclusion is that this is what Terri would have wanted. It's not just that her husband said it. It's how she said it. Who she said it to. The context of it all. The testimony has to sound reliable and it does for the husband. The testimonials from the families side are not nearly as reliable.
To see the summary of the evidence and how the judge determined his decision,
click here
