Marriage Can Be Murder
A new fight over a disabled person’s life is taking place in Florida. This time, 34 year old Scott Thomas’ life may end. Last September, Scott sustained a head injury that resulted in brain damage.
His mother, Pamela Patton, is his temporary guardian. Scott is recovering in her home after his release from Brooks Rehabilitation Center in Jacksonville last week. He is continuing rehabilitation and therapy. Scott’s wife of approximately three years, Eliza Thomas, petitioned the court for guardianship. Eliza plans to have Scott moved to a hospice and to have his feeding tube removed. The guardianship hearing is scheduled for June 3 before Fourth Judicial Circuit Court Judge William Wilkes.
Scott has a limited vocabulary, but can soundlessly form words and answers yes/no questions with hand signals. When doctors tested his responses, Scott correctly answered factual questions even though trick questions were included to rule out the possibility that the responses were involuntary. Although he can swallow, Scott is given food and hydration via a gastric tube due to concerns about aspiration.
According to Eliza, Scott’s injuries occurred when he fell in their kitchen after tripping over the dog. According to Patton, the doctors say Scott’s injuries were inconsistent with a fall and believe they were caused by a blow to the head. The hospital did not report the incident to the police when Scott was admitted, but the Jacksonville Sheriff’s Department is currently investigating. Allegations of criminal conduct were mentioned in the November guardianship hearing in which Patton was awarded a six month temporary guardianship.
According to The Empire Journal article "Forensics Could Play Role in Jacksonville Guardianship Case," Scott has indicated to his family and caregivers that Eliza is responsible for his injuries. This has been videotaped. The tape has been turned over to law enforcement officials.
Scott married Eliza, a Polish immigrant, shortly after September 11, 2001 possibly to prevent her deportation. For almost a year prior to his injuries, Scott was hospitalized about every three months for severe stomach pain. No diagnosis was made despite numerous medical tests that did not include toxicology. Patton plans to hire a forensic investigator to test a hair sample she took from her son last fall. Such testing may indicate the presence of toxins.
Scott Thomas had no living will. He not only isn’t terminally ill, but also is making progress toward recovery. Steve Ertelt’s www.lifenews.com article, "Case Similar to Terri Schiavo’s Has Wife Deciding Her Husband’s Fate," states "Scott has reportedly indicated he does not wish to be moved or to be denied food or water." According to The Empire Journal article, "Scott has indicated to nurses and his family that he does not wish to see his wife."
Should a spouse have the absolute right to determine the other’s fate? A brain injured man managed to communicate that he believes his wife caused his injuries, that he doesn’t want to see her, and that he doesn’t want to be placed in a hospice or be denied food and water. His wife, who is trying to obtain guardianship, indicated such plans. Do the wishes of this disabled man matter at all in his medical decisions? If anyone should have a say in who will be awarded his guardianship, he should! Does society even consider the disabled to be sentient humans or are their lives considered to be without value?
It is a scary thought. Sometimes, patients in nursing homes use feeding tubes not because they can’t eat, but because they need help eating and there are not enough staff members to help them. If guardianship is simply awarded on the basis of the guardian’s relationship to the disabled individual, there could be cases of heirs ordering feeding tubes removed before too much of the inheritance is spent. When a guardian can gain financially by a patient’s death, there is a conflict of interest that may cost a disabled person his or her life. In Scott Thomas’ case, the couple owns a home and several vehicles together. Patton plans to hire an investigator to find out if her son has life insurance and who the beneficiary is.
If an incapacitated person is unable to express his or her wishes, shouldn’t guardianship be awarded to the individual/s who will act in the patient’s best interests? Eliza Thomas plans to remove her husband’s feeding tube. Meanwhile, Patton has made sure Scott is receiving rehabilitation and therapy, has arranged for him to meet with noted neurologist Dr. William Hammesfahr to explore further treatment options and has modified her house to accommodate Scott’s physical needs. Unfortunately, in Florida, spouses supercede parents when it comes to guardianship regardless of who will act in the disabled person’s best interests.
Divorce rates are estimated to be between 41% and 50% for first marriages and even higher for second and third marriages. Judging by those numbers, one can assume that some married couples are not happily married and may actually be hostile to one another. In the Thomas case, neighbors have told Patton that Eliza is openly involved in an extramarital relationship. In the absence of written instruction’s regarding the incapacitated person’s wishes, allowing a spouse to end the other’s life isn’t always a good idea.
Copyright Eva Ellsworth, 05/22/05, all rights reserved
His mother, Pamela Patton, is his temporary guardian. Scott is recovering in her home after his release from Brooks Rehabilitation Center in Jacksonville last week. He is continuing rehabilitation and therapy. Scott’s wife of approximately three years, Eliza Thomas, petitioned the court for guardianship. Eliza plans to have Scott moved to a hospice and to have his feeding tube removed. The guardianship hearing is scheduled for June 3 before Fourth Judicial Circuit Court Judge William Wilkes.
Scott has a limited vocabulary, but can soundlessly form words and answers yes/no questions with hand signals. When doctors tested his responses, Scott correctly answered factual questions even though trick questions were included to rule out the possibility that the responses were involuntary. Although he can swallow, Scott is given food and hydration via a gastric tube due to concerns about aspiration.
According to Eliza, Scott’s injuries occurred when he fell in their kitchen after tripping over the dog. According to Patton, the doctors say Scott’s injuries were inconsistent with a fall and believe they were caused by a blow to the head. The hospital did not report the incident to the police when Scott was admitted, but the Jacksonville Sheriff’s Department is currently investigating. Allegations of criminal conduct were mentioned in the November guardianship hearing in which Patton was awarded a six month temporary guardianship.
According to The Empire Journal article "Forensics Could Play Role in Jacksonville Guardianship Case," Scott has indicated to his family and caregivers that Eliza is responsible for his injuries. This has been videotaped. The tape has been turned over to law enforcement officials.
Scott married Eliza, a Polish immigrant, shortly after September 11, 2001 possibly to prevent her deportation. For almost a year prior to his injuries, Scott was hospitalized about every three months for severe stomach pain. No diagnosis was made despite numerous medical tests that did not include toxicology. Patton plans to hire a forensic investigator to test a hair sample she took from her son last fall. Such testing may indicate the presence of toxins.
Scott Thomas had no living will. He not only isn’t terminally ill, but also is making progress toward recovery. Steve Ertelt’s www.lifenews.com article, "Case Similar to Terri Schiavo’s Has Wife Deciding Her Husband’s Fate," states "Scott has reportedly indicated he does not wish to be moved or to be denied food or water." According to The Empire Journal article, "Scott has indicated to nurses and his family that he does not wish to see his wife."
Should a spouse have the absolute right to determine the other’s fate? A brain injured man managed to communicate that he believes his wife caused his injuries, that he doesn’t want to see her, and that he doesn’t want to be placed in a hospice or be denied food and water. His wife, who is trying to obtain guardianship, indicated such plans. Do the wishes of this disabled man matter at all in his medical decisions? If anyone should have a say in who will be awarded his guardianship, he should! Does society even consider the disabled to be sentient humans or are their lives considered to be without value?
It is a scary thought. Sometimes, patients in nursing homes use feeding tubes not because they can’t eat, but because they need help eating and there are not enough staff members to help them. If guardianship is simply awarded on the basis of the guardian’s relationship to the disabled individual, there could be cases of heirs ordering feeding tubes removed before too much of the inheritance is spent. When a guardian can gain financially by a patient’s death, there is a conflict of interest that may cost a disabled person his or her life. In Scott Thomas’ case, the couple owns a home and several vehicles together. Patton plans to hire an investigator to find out if her son has life insurance and who the beneficiary is.
If an incapacitated person is unable to express his or her wishes, shouldn’t guardianship be awarded to the individual/s who will act in the patient’s best interests? Eliza Thomas plans to remove her husband’s feeding tube. Meanwhile, Patton has made sure Scott is receiving rehabilitation and therapy, has arranged for him to meet with noted neurologist Dr. William Hammesfahr to explore further treatment options and has modified her house to accommodate Scott’s physical needs. Unfortunately, in Florida, spouses supercede parents when it comes to guardianship regardless of who will act in the disabled person’s best interests.
Divorce rates are estimated to be between 41% and 50% for first marriages and even higher for second and third marriages. Judging by those numbers, one can assume that some married couples are not happily married and may actually be hostile to one another. In the Thomas case, neighbors have told Patton that Eliza is openly involved in an extramarital relationship. In the absence of written instruction’s regarding the incapacitated person’s wishes, allowing a spouse to end the other’s life isn’t always a good idea.
Copyright Eva Ellsworth, 05/22/05, all rights reserved
7 Comments:
There's nothing "noted" about William Hammesfahr.
"Infamous" might be a better description for him, given his decision to misrepresent not only his medical background, but the efficacy of his clinical methods.
This is a guy who when under oath in the Schiavo case refused to name even a single case where his experimental vasodilation therapy worked, yet had no trouble the last 2 weeks of her life appearing on talk shows and saying he could have had her walking around.
Please note he charges thousands of dollars upfront, bring your checkbook.
Of course, anyone who misrepesents himself as a Nobel Prize nominee (the nomination he cites is invalid) shouldn't be believed about anything.
See: http://mediamatters.org/items/200503220002
Hammesfahr is a quack who touts himself with some rather dubious "credentials." The guy has been caught in so many lies, he has no credibility.
That issue aside, if the guys family can show just cause why the wife should not be the guardian, then this whole issue will be largely moot. I would think it extraordinary that a court would order even a 6 month interuption in guardianship between spouses, so the family must have presented some significant and compelling evidence at the earlier hearing. However, the vast majority of "facts" in this article appear much more to be allegations, innuendo and hearsay than actually represented "objective" facts from any reliable source.
If the guy is this alert, then it seems to me that he could assist authorities in his own interest. I have to say I have my suspicions about the accuracy of the reporting in this instance.
AS A FAMILY MEMBER OF SCOTT THOMAS I MUST CORRECT TWO STATEMENTS THAT WERE INCORRECT. SCOTT THOMAS DOES NOT HAVE LIMITED SPEACH, OTHERWISE HE COULD ASSIST IN HIS INVESTIGATION. HE IS CERTAINLY OF HIS MIND AND DOES RESPOND TO YES AND NO QUESTIONS. THE SECOND BEING THE DOCTORS DID SAY THE FALL WAS INCONSISTANT WITH THE INJURY, BUT DID NOT ADD THIS WAS BELIEVED TO BE CAUSED BY A BLOW TO THE HEAD.
I am a friend of Scotts since highchool and have known Leza since she and Scott met, -They lived together for many (4+?) years prior to marriage. They love each other, Scott and the baby (that was only weeks old at the time of the accident) are all Leza has, and I find it CRAZY that Leza would be suspected in this tragic event. Liza is a tiny woman Scott is a big strong man, Leza would not try, and could not hurt him.
I find it intriguing that all these anonymous people know more about Scott and Eliza than Scott does. Most of them know more about Dr. Hammesfahr than the American Medical Association does. One of them claims to be a family member, then goes on to paint a negative picture of Scott in the court of public opinion. I guess we'll know which "family member" that is when he/she gets up in court and testifies against Scott's right to live. It's actually comical that one of them claims to be a close friend of Scott, going all the way back to childhood, but he doesn't know Scott's wife's name. Hmmm. Could there be a hidden agenda?
I'm also anonymous. I don't have the inside scoop, and I don't claim to. I just wanted to point out how irrational it is to believe these anonymous "insiders." Does anyone actually believe them over the experts, authorities, and family members?
Scott's doctors say that his brain damage and physical injuries are the result of blunt force trauma. Should I believe some anonymous "insider" who claims this is all the result of falling on the floor? An 85 year old woman with osteoporosis wouldn't suffer this much damage from falling down.
I hope that people who read these opinions will use common sense in determining the validity (or lack thereof) of the comments being made.
I TOO FIND IT AMAZING HOW ALL THESE PEOPLE HAVE OPINIONS ABOUT SCOTT AND ELIZA..WHILE ONE REPORTS TO BE A CLOSE FRIEND FROM SCHOOL, WHO DOES NOT KNOW SCOTT'S WIFE'S NAME..PERHAPS,IF THAT CLOSE FRIEND WOULD TAKE THE TIME TO VISIT WITH SCOTT AND SEE THE PROGRESS HE HAS MADE OVER THIS PAST YEAR, HE TOO WOULD BE ASHAMED HE HAS NOT REMAINED THAT SO CALLED CLOSE FRIEND....FRIENDS DON'T TREAT FRIENDS IN THIS MANNER...SCOTT IS A WONDERFUL PERSON AND I KNOW HIS FAITH IN GOD HAS SUSTAINED HIM AND SCOTT WILL NEVER GIVE UP....
i don't understand why any wife, who supposedly loves her husband would not want to take care of him, after all didn't their vows say for better or worse,in sickness and in health...?well here it is --sickness--Eliza should be the devoted wife and mother--after that is Scott's baby isn't it..? sure makes one rethink this whole situation..
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