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Judge: Comatose woman must be treated
From Rich Phillips
MIAMI, Florida (CNN) -- A woman who has been ruled to be in a persistent vegetative state and is fed through a tube must be given life-saving treatment in a Florida hospital, according to a Pinellas County judge. Terri Schiavo is fighting a severe total body infection, and her husband had asked that treatment be stopped. The judge also said he was not inclined to appoint a new guardian for the woman as requested by Florida Gov. Jeb Bush. The woman's husband, Michael Schiavo, is her legal guardian. Judge George Greer in a hearing held via telephone Tuesday afternoon in Clearwater, Florida, ruled against the husband, who says he wants to see his wife die with dignity. Michael Schiavo said he wanted to have medical treatment withheld because the judge had already scheduled a hearing for September 11 to determine when his wife's feeding tube was to be removed. But Greer said Terri Schiavo's infection must be treated aggressively until the moment of her death. He said he would go ahead with the hearing. In response to a letter written by Bush to the judge, Greer said he was not inclined to appoint a guardian because he had to abide by court rulings. Terri Schiavo has been hospitalized for the second time in two weeks at Morton Plant Hospital in Clearwater. In 1990, at age 26, she collapsed in her home from heart failure and has been in what doctors call a persistent vegetative state ever since. She has lived in a nearby hospice for most of the past 10 years. She breathes on her own but is fed through a tube in her stomach. Doctors have testified it would take about one week for her to die if the tube was removed. George Felos, the attorney representing Michael Schiavo, told CNN the judge's ruling is "contrary to common sense and medical ethics." Schiavo has been battling for almost 10 years with his wife's parents, Bob and Mary Schindler, over whether Terri Schiavo should be allowed to die. The Schindlers believe their daughter can be rehabilitated. The Florida Supreme Court last week rejected their appeal for the second time. In his letter asking for a guardian to be appointed to investigate the case, Bush wrote that he believed Michael Schiavo was trying to circumvent the court before the September 11 hearing.
"While this process may delay the surrogate's exercise of Mrs. Schiavo's privacy rights, it is necessary to avoid denying her right to life," the governor wrote. Felos told CNN the governor's letter was a "crass political move" and that he has no legal standing whatsoever in the case. "I think it's outrageous that the governor is violating the separation of powers and interfering in a judicial proceeding. He's bowing to political pressure not the facts of the case," he said. People have sent some 27,000 e-mails to the governor's office asking him to intervene, Bush told The Associated Press. Meanwhile, a spokesman for Terri Schiavo's parents Tuesday said Bob Schindler supported the governor's request. "Mr. Schindler thought Governor Bush acted in a very fair and reasonable manner. They want someone to look out for Terri's best interests," the spokesman said. Copyright 2003 CNN. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Associated Press contributed to this report.
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