Tuesday, March 22, 2005

The Dude Gets a Letter from an Admirer

I received the following letter via email from Ms. Jackson at the firm of Batza & Associates that I thought others may find interesting, and I wonder how many got this letter (also, btw, the Dude is not a doctor of anything, nor has he ever played one on TV):

Dear Dr.:

I’m contacting you because I noticed your posting on CodeBlueBlog.

I am working for the Gibbs Law Firm in Florida – they are the attorneys for the parents of Terri Schiavo and they are in a legal battle to prove to the court that Ms. Schiavo is not in a PVS state and that she could benefit from advanced medical testing and medical treatment. To this point, all Ms. Schiavo has received is a CT Scan, and this was done before 2000.

The court is open to receiving guidance from medical professionals and so far we have had many doctors provide us with declarations that we have submitted to the court. We desperately need more declarations as soon as possible. If you would like to view examples of other declarations from medical professional, go to http://www.terrisfight.net/, and look under “Court Documents.”

I’ve attached a declaration template that you could use to provide us with your medical opinions. You can then fax the declaration to us at (661) 799-3377. If you have any questions, please call me, Tracy Jackson, at (661) 312-9371 or (800) 901-5119, ext. 2.
Tracy J. Jackson

Batza & Associates
23929 West Valencia Blvd., Suite 309
Valencia, CA 91355
Tel: (661) 799-7777 Fax: (661) 799-3377

Thank you!

Tracy J. Jackson
Batza & Associates
23929 West Valencia Blvd., Suite 309
Valencia, CA 91355
Tel: (661) 799-7777
Fax: (661) 799-3377


Well, Ms. Jackson, I did find your firm in the phone book, though I'm not sure about you or your firm's connection to the Schiavo case, but do you wonder whether the declaration you seek from medical professionals will be worth the paper it's printed on given that they have not had actual contact with the patient or had an opportunity to review her medical records?! Seems to like that would the first order of concern in any legal undertaking!

BTW, here's a copy of the text of the declaration they sent me:

I, [ ], have personal knowledge of the facts stated in this declaration and,

if called as a witness, I could and would testify competently thereto under oath. I declare as


1. [ ]
2. [ ]
3. [ ]
I declare under the penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed this day of 2005, in , California.

[ ], Declarant

What I love about the declaration is that it purports that the signer has first hand knowledge of whatever crap they may write down. Wow! How incredibly credible that will be in a court of law. I don't know...maybe it would work with Congress, but I'm not sure about the courts.

If anyone wants to get in touch w/ Ms. Jackson, feel free to do so at: tjackson@batza-associates.com.


Blogger thoughtomator said...

You can only testify/depose with regards to something you have first-hand knowledge about. A medical record in the public domain like the bone scan on CB would be something that qualifies, if you also possessed sufficient medical knowledge and experience to interpret it.

There's nothing unusual at all about the affidavit form with which you were provided.

March 22, 2005 10:20 PM  
Blogger Scott Chaffin said...

Was there a point here, besides you got an email?

I think 'dude' is about the right handle.

March 22, 2005 10:29 PM  
Blogger Bioethics Dude said...

thoughtomator: thanks for the info; i was aware but felt that it was pretty much useless info.

scott chaffin: thanks, i guess, though the comment wasn't very informative at all. the point is that this is senseless fishing and likely some political ploy...which sickens the Dude.

March 23, 2005 9:16 AM  
Blogger Bioethics Dude said...

Respectful Insolence has also posted on this, you can check out his comments at:


March 23, 2005 9:28 AM  
Anonymous Anonymous said...

one point being that Michael will not ALLOW anyone either than Greer appointed physicians to "examine" Terri. And that was some time ago.
However, the Schindler's did have one Dr of their choosing spend time with Terri - 10 hs to be exact - and to examine her etc. and his findings were nothing at all like the "court appointed" (read GREER PUPPET) Dr's findings.
I believe what the Schindler's are trying to do is get as many Dr's as possible to state that there are indeed obvious inconsistencies in this case and that those inconsistencies need to be looked into.
Numbers tend to make people take notice.
If they could, I am sure they would have any Dr that wanted to examine Terri. Point is - they can't!

March 23, 2005 11:41 AM  
Blogger Bioethics Dude said...

Per anonymous above comment at 11:41: That is a good point; duly noted. --BD.

March 23, 2005 1:16 PM  
Anonymous sj said...

Is the scan copy posted on the web of high enough quality (as posted on the web)for someone to opine responsibly on it? I used to have radiologists telling me they couldn't form an opinion based on a copy of an original plain film. Secondly, I'm not sure of the legalities of the disclosure of this scan. The original source seems to be the University of Miami Ethics Center. Who disclosed it to them. I strongly suspect that Michael Schiavo is the HIPAA person in interest and I tend to doubt he would be disclosing the scan.

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