Orlando Sentinel: wrong on Terri Schiavo but too bad
On May 24 the Orlando Sentinel published a story describing Terri Schiavo as “brain dead,” even worse than the oft-cited yet wrong “persistent vegetative state” MSM more often attributes to her. Brain dead is what one is at organ harvest time, kept alive only by machines.
After repeated attempts to contact OS by phone and email, Terri’s brother Bobby Schindler finally got through to a Mr. Dana Eagles, informing him OS’s depiction of Terri was “patently false.”
He directed Eagles to the press release the family recently issued reexplaining for the millionth time Terri’s correct diagnosis, “disabled” or “brain-damaged.” Bobby even offered to send Eagles Terri’s medical documents indicating not even doctors paid by Terri’s husband Michael ever diagnosed Terri as “brain dead.”
The next day came this email to Bobby…
Wesley Smith deciphered the email on his blog:
In other words: We’ve been wrong and we aren’t going to change now.
More to the point, Bobby wasn’t expressing a “point of view.” He was describing a fact about his sister’s medical condition. Any neurologist, any doctor, heck, any bioethicist could tell Messrs Shaw and Eagles that. But they just don’t care. The paper has loathed the Schindlers throughout the case and that has been reflected in its reportage. And now we have proof that even accurate reporting will be sacrificed to further their advocacy agenda.
Epilogue: Bravo for the Schindlers, they didn’t accept the brush-off. They had their attorney David Gibbs write a letter to the paper on May 31. And surprise: OS changed its depiction of Terri:
Jill Stanek is a nurse turned speaker, columnist and blogger, a national figure in the effort to protect both preborn and postborn innocent human life.
Hah! My hometown newspaper had it wrong the whole time.
They don’t know the Schindlers very well, do they?
How absolutely arrogant and condescending of that paper to send a reply like that. I’m glad Terri’s brother persevered.
He should sue the pants off that paper for emotional distress.
Hisman, maybe he should sue for lying about her? Isn’t that slander?
Bob Shaw and Dana Eagles must be new in town (Orlando).
Dana Eagles wrote: I appreciate your calling us about it and letting us know your point of view.
Everything today is a “point of view”….relative. People don’t care about truth. Just look at abortion – it’s a choice, not a baby.
Jess:
I’m not a lawyer. My opinion is that I don’t think a slander case could be brought unless it could be proved that the paper was intentionally trying to cause harm to Ms. Schiavo’s or her relatives’ reputation(s).
However, I know that if something causes one harm then a person can seek to be made whole through the courts.
I can’t imagine how this didn’t damage Ms. Schiavo’s relatives emotionally.
They should contact an attorney.
Quote of the Day: Premier Exhibitions, a company that has made millions of dollars through its plasticized human “Bodies” exhibits, agreed May 29 to stop using bodies of undocumented origins in its New York display after an investigation found that some of the bodies may have been prisoners who were tortured and executed in China.
~ World magazine, June 14/21 issue
I couldn’t tell the difference between the plasticized bodies in the exhibit and the old plastic models we had at school decades ago. It wasn’t worth the money to see the exhibit at the museum, IMO.
I am glad to see they’ve stopped using bodies of undocumented origin. I don’t think it’s right to use the bodies of these dead people as part of a money- making project. They should be honored and buried not put on display.
Important article on Intelligent Design Theory:
http://richarddawkins.net/article,2712,Saving-Us-from-Darwin,Frederick-C-Crews
Back to Terri…
So glad that Terri’s family continues to educate others and honor her memory.
Hisman,
I don’t think it would be too much of a stretch to say
the advocacy agenda of the media in general caused
harm to Terri, resulting in her eventual death.
No amount of truth told seemed to matter a whit when
it came to them relentlessly mis-stating Terri’s condition.
I hold the media (with a few exceptions) largely responsible
for swaying the public into believing Terri was brain dead,
needing to be mercifully removed from machines keeping
her alive – which was obviously not true.
Orlando, isn’t that where Disney east is located? They’re just off in Fantasyland.
Jess,
No, that’s not slander. Slander is a direct lie or false claim that gives an individual or corporation a bad name. Since the Terri Schiavo case was so confusing, I’m not surprised the reporter went with brain-dead instead of severely brain-damaged. Remember, most journalists don’t have medical degrees and a lot of people wouldn’t be able to differentiate between brain-dead and severely brain-damaged.
Plus, since Terri Schiavo is already dead, her reputation, finances, well-being, etc., cannot be hurt by what the paper printed (particularly considering multiple papers published that same phrase). I’ve never heard of a case where someone is suing for someone else’s reputation, unless it’s within a corporation.
On top of that, you have to prove that the paper had a malicious intent…
Anyway, most people who sue for slander are public figures who had a bad opinion piece written about him. I don’t think this error would even make it into the courtroom.
Hisman, maybe he should sue for lying about her? Isn’t that slander?
Posted by: Jess at June 13, 2008 8:51 PM
Interesting fact, you can’t sue for the slander of a dead person. That’s why you often see the most serious allegations about people surface after they die.
The family could sue for their own damages, but despite what you read in the papers, Intentional Infliction of Emotional Distress is very hard to prove, and often requires more than simply being upset about what is said. Most states require “severe” emotional distress established by medical doctors, etc. Not saying they can’t do it, but it’s a hard fight.
LesforLife,
While some newspapers and magazines admittedly did report her condition unfairly, remember that they were also caught in between two groups of people each with a different opinion. I’m sure some reporters called doctors for opinions on the case, who then said Terri Schiavo was brain-dead rather than severely brain-damaged.
If anything, blame the two families, who brought the media circus into their lives and allowed it to take control of where the story was going.
Besides, like I said earlier to Jess, most people wouldn’t know the difference between brain-dead and severely brain-damaged, reporters included. They don’t have medical degrees, they have writing degrees.
But aren’t journalists supposed to report the facts?! The facts in this case were always crystal clear. Terri Schiavo was brain damaged and not brain dead. She was not hooked up to machines to keep her alive.
You don’t have to be a medical doctor to watch a video of Terri and see for yourself.
Carla,
Yes, and I agree that was shoddy journalism. I… err… don’t exactly have high opinions of local newspapers… for exactly that reason. I believe most of the national and prestigious papers were correct.
I just don’t agree that it’s sue-worthy. And I think Terri Schiavo’s family members and husband were at least partly responsible for the media’s involvement. Wasn’t she in and out of the hospital for 15 or so years before the story got on the news? A story like that won’t be “discovered” by a nosy reporter. Someone would have tipped them off… and it couldn’t have been a doctor!
Carla: 12:30: But aren’t journalists supposed to report the facts?! The facts in this case were always crystal clear. Terri Schiavo was brain damaged and not brain dead. She was not hooked up to machines to keep her alive.
You don’t have to be a medical doctor to watch a video of Terri and see for yourself.
Amen.
Edyt 11:51: Remember, most journalists don’t have medical degrees and a lot of people wouldn’t be able to differentiate between brain-dead and severely brain-damaged.
That’s why we have medical reporters. Ignorance is no excuse.
Edyt: 11:55: LesforLife,
While some newspapers and magazines admittedly did report her condition unfairly, remember that they were also caught in between two groups of people each with a different opinion. I’m sure some reporters called doctors for opinions on the case, who then said Terri Schiavo was brain-dead rather than severely brain-damaged.
Reporters are supposed to be able to separate the truth from the lies, no excuse.
If anything, blame the two families, who brought the media circus into their lives and allowed it to take control of where the story was going.
They brought the media circus to SAVE their daughter’s life. Wouldn’t you hope someone would fight for you in the same way?
Besides, like I said earlier to Jess, most people wouldn’t know the difference between brain-dead and severely brain-damaged, reporters included. They don’t have medical degrees, they have writing degrees.
The family knew better than anyone and they were basically ignored. Way to go journalists and lawyers and judges.
I don’t think it’s sue worthy either. Worthy of correction by the family intent on honoring the memory of their sister and daughter? ABSOLUTELY! :)
I was always under the impression that people who value life from conception until natural death were called upon to support this family in their time of need. The media tends to make its own circus. IMHO
Edyt:12:53:I just don’t agree that it’s sue-worthy. And I think Terri Schiavo’s family members and husband were at least partly responsible for the media’s involvement. Wasn’t she in and out of the hospital for 15 or so years before the story got on the news? A story like that won’t be “discovered” by a nosy reporter. Someone would have tipped them off… and it couldn’t have been a doctor!
I don’t think the Schiavos are protesting the media’s involvement, just the way the media so poorly handled the story. The facts were distorted terribly.
++++++
By the way, isn’t a slander suit generally based on spoken word, and a libel suit based on the written word? Just need a clarification on that.
Janet,
Yes, you’re correct. Slander can also go into body gestures, and libel can include photographs. The difference is slight, particularly since the television media uses both written and spoken word.
Both usually referring to INTENTIONAL efforts to destroy someone’s reputation, which I don’t think anyone in the media meant to do.
Reporters are supposed to be able to separate the truth from the lies, no excuse.
Well, let’s just say if I had been writing the story, I would have been more precise. I’m a stickler for that sort of stuff.
Keep in mind, many of these people had only a few hours or less to write stories about it before it went to press. And to most reporters, brain-dead and severely brain-damaged is the same thing. OR, as another possibility, they may have been misinformed by doctors/family members/judges/etc. People lie to reporters too!
And you’re right again about medical reporters. But medical reporters receive higher pay than most staff reporters, since they’re required to write more difficult stories using technical knowledge, so many newspapers do not employ them. That’s why I said the national newspapers had it correct (the use of medical reporters) while local papers distorted many of the facts.
TV journalism is shoddy in general. The only time I watch the news is when presidential candidates or other public figures are giving speeches. Otherwise, it can’t really be trusted to give out accurate information, since it’s short and to the point, and they often fail to ask the important questions.
I was referring mostly to print journalism since that was the basis of Jill’s story. You make some valid points.
Jasper!!!!!!!
I believe that Jasper was telling Mr. Dana Eagles to go to Fiji…right Jasper?
Sorry, Jasper.
Like I’ve repeated to others here, some courtesy, please.
I’m sorry for the bad language. It was a reaction to Dana Eagles email to Bobby Schiavo.
It was correct to let Ms. Schiavo die. It was in accordance with her wishes. The autopsy confirmed her brain was gone, her mind no more.
I think we should change the name for brain-damaged people. There is NO PERSON who is a zucchini or tomato. People are people, not vegetables. Let’s get together and change this! There are no more “idiot-savants”, thanks to people who got this term changed to “savant syndrome”.
Hey, do replies still work on this thread?