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Schiavo Seeks Extension on Deadline to Sue Caregivers

Jeff Johnson

Senior Staff Writer

(CNSNews.com) - Michael Schiavo has asked a Florida court to extend the deadline for him to file lawsuits under the state's medical malpractice laws. The move indicates that Schiavo could be planning to sue some of the medical professionals who cared for his former wife, Terri Schiavo.

Cybercast News Service has learned that the request is related to an alleged incident of medical malpractice that occurred on or about Aug. 14, 2003. Terri Schiavo was admitted to Morton Plant Hospital on Aug. 15, 2003 for an infection that developed into pneumonia.

A source with knowledge of the petition, who did not want to be identified, speculated that Michael might be planning to sue the hospice where Terri was being kept at that time for alleged violation of a "Do Not Resuscitate" order he had placed on her medical chart. Michael had asked the court to intervene and block the hospital from treating Terri's infection, but a judge refused the request.

Michael Schiavo's attorney in the matter, Mark Perenich, told the Tampa Bay Tribune that he could not discuss the details of the request or identify who might be the subject of any potential lawsuit. Florida law establishes a two-year statute of limitations for medical malpractice claims, unless a potential plaintiff receives an extension from the courts.

Schiavo had previously criticized two nurses, Carla Sauer Iyer and Heidi Law, and a certified nursing assistant, Carolyn Johnson, who, as Cybercast News Service previously reported, - disputed Schiavo's descriptions of his wife's condition. The caregivers had also filed affidavits in conjunction with a complaint to the Florida Department of Children and Family Services by Terri's parents, Robert and Mary Schindler.

The individual with knowledge of the petition, who spoke to Cybercast News Service, said Iyer, Law and Johnson would be unlikely targets because they were criticized for allegedly violating Terri's "privacy," not for alleged malpractice.

Terri Schiavo died March 31, two weeks after her husband had her feeding and hydration tube removed by court order. She suffered from a brain injury caused by oxygen depravation. An autopsy determined that Terri had never had a heart attack, nor suffered from a potassium imbalance as argued by attorneys for her husband in a previous medical malpractice lawsuit. The autopsy determined that Terri Schiavo's cause of death was dehydration. The medical examiner ruled the manner of her death "undetermined" because the cause of the oxygen depravation that caused her brain injury could not be identified.

See Earlier Story:
Michael Schiavo: 'Distinguished Guardian of the Year' (Aug. 10, 2005)

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