Dead pregnant woman forced to stay on life support, due to TX State law

by adamah 285 Replies latest social current

  • Apognophos
    Apognophos

    Apo said- Essentially my argument for (a) was that I cannot see any scientific reason why a fetus or an embryo is not a living human being.

    That's a classic argument called "appeal to ignorance"

    It's not an appeal to ignorance, it's a genuine request for anyone to show me how a fetus or embryo is not a human or not alive. Because I'm just not seeing it. I'm not saying it can't be known, but rather that I cannot see why there is a difference in the value of the life of a 3-month-old fetus, an 8-month-old fetus (which can't legally be aborted), or a two-year-old child. Their lives have the same value.

    Apo said- "Life" is "animate matter". "Human" is shorthand for "homo sapiens" like "cat" is shorthand for "Felis catus".

    Sperm LITERALLY are "animate matter" (motile, i.e. they swim, they MOVE: that's what 'animate' means). Am I committing murder unless I fail to play 'matchmaker' for a million of individual sperm, finding each a suitable egg to set up a happy little home?

    No, you really missed my point here. I didn't say all living things have the same value. You asked me to define "life", so I did. My word definitions were intended to make the point that if it's a being with its own set of genes, and those genes are homo sapiens, then it's a living human. This is such a simple, undeniable fact that people end up having to go to great lengths to justify abortion, coming up with strained definitions of "human", "living", etc.

    Apo said- Which capacity a baby will eventually possess if it is allowed to continue developing naturally in the womb. How is a potential person worth less than an actual person?

    In the same way a potential crime is not possible; a crime must ACTUALLY OCCUR to be prosecuted.

    Those aren't comparable situations. Someone can think about a crime with no guarantee of doing it. A fetus will eventually become a child with their own personality, barring a miscarriage, which is an aberration in the natural process. Thinking about a crime does not lead naturally to doing it -- I had a co-worker who admitted that when she worked at a bank, she was always fantasizing about walking out with a bag of money. She was never close to doing it, however, no matter how many times she thought about it, for the usual reasons that people will choose not to commit crimes. A baby, by contrast, is on a natural, straight-line path to maturing and becoming a child and then an adult. One thing naturally follows the other.

    To illustrate the absurdity of your analogy, if a child is killed, do we prosecute the killer or do we say, "Well, the child might have fallen sick and died anyway before reaching adulthood. They might have died in an accident." On the contrary: society actually deals more harshly with people who harm children than any other class of criminal. Why is a child's life considered more valuable than an adult's? I wonder if you can tell me.

  • sammielee24
    sammielee24

    Under Texas law, what is the age of legal rights for a fetus?

    I believe under Perry, the law is 20 weeks. If this is the case, and if the father did not file a lawsuit until the fetus achieved the 20 week mark, it could very well be that the hospital could have an argument that the fetus is the patient and not the mother and under the law in Texas, it could very well be that at that point in time, it would be against the law for them to stop treatment until testing is done and possibly the fetus removed safely. At that point one imagines the child becomes the priority and the mother is removed from life support.

    "The husband of Marlise Munoz, who fell unconscious while pregnant in November, filed a lawsuit in the 17th District Court in Tarrant County, Tex., asking a judge to force the John Peter Smith Hospital in Fort Worth to remove his wife, who is 20 weeks pregnant, off life support."

    I am also not sure if the fact that the hospital was able to restart the womans heart would have an impact on any decision - the family will not allow the medical records to become public. sw

  • adamah
    adamah

    Apo said- It's not an appeal to ignorance, it's a genuine request for anyone to show me how a fetus or embryo is not a human or not alive.

    Being that you haven't even defined 'life' yet in a way that doesn't include inorganic matter ('animate' doesn't cut it, as sperm is animated and motile), you need to back up a step....

    Apo said- No, you really missed my point here.

    You haven't even MADE a point, Apo. You haven't even defined 'life' is a manner that doesn't mean menstruating women and males with nocturnal emissions (or who masturbate) aren't violating the sanctity of life!

    Apo said- I didn't say all living things have the same value. You asked me to define "life", so I did. My word definitions were intended to make the point that if it's a being with its own set of genes, and those genes are homo sapiens, then it's a living human. This is such a simple, undeniable fact that people end up having to go to great lengths to justify abortion, coming up with strained definitions of "human", "living", etc.

    Well, you just changed the goalposts, but I'll let it slide....

    Great, so the hairs on your head, your finger nails, sloughed skin cells, etc, ALL contain their "own sets of homo sapien genes": are those alive, too, by your new definition? Should loofa pads be outlawed, and brushes now be considered as weapons of mass murder, since they are don't respect the sanctity of human life?

    Apo said- Which capacity a baby will eventually possess if it is allowed to continue developing naturally in the womb. How is a potential person worth less than an actual person?

    Adam said- In the same way a potential crime is not possible; a crime must ACTUALLY OCCUR to be prosecuted.

    Apo said- Those aren't comparable situations. Someone can think about a crime with no guarantee of doing it.

    (Side note: NOT if you're a Xian, since Jesus said a married man who looks at a women with lust in his heart has already committed adultery; Jesus introduced the concept of thought crimes, where even contemplating the act was tantamount to committing the act. Of course, most Xians simply ignore the completely bog-shot crazy extremist words of Jesus, since eg giving everything you own to the poor, and inviting the poor to dinner is.... well, those poor people SMELL!!)

    Apo said- A fetus will eventually become a child with their own personality, barring a miscarriage, which is an aberration in the natural process.

    NOPE, not so: miscarriages are not aberrations, but are actually an IMPORTANT PART of the process, serving as an error-checking mechanism where the mother's body determines there's a problem and decides to abort the infant.

    From:

    http://www.nlm.nih.gov/medlineplus/ency/article/001488.htm

    Most miscarriages are caused by chromosome problems that make it impossible for the baby to develop. Usually, these problems are not related to the mother or father's genes.

    Obviously Mother Nature's error-checking mechanism is not perfect, since severely-deformed and special-needs babies are born, but Mother Nature herself is the single-greatest aborter of fetuses, by a long-shot.

    http://www.tommys.org/page.aspx?pid=383

    • About one in seven recognised pregnancies end in miscarriage, while the incidence of spontaneous (unrecognised) miscarriage is estimated to be 50% of all pregnancies [2, 3].
    • One in four women who get pregnant will experience a miscarriage. This figure drops to one in five when only taking women who have had a positive pregnancy test into consideration [4].

    So to pull us back to your original question, which is why we're now in the weeds:

    Apo said- How is a potential person worth less than an actual person?

    Mother Nature apparently thinks some 'potential persons' don't have the right to life and spontaneously aborts them; in other words, Mother Nature is essence is giving those who survived her scrutiny and error-checking process ('actual persons' in your words) as being are more worthy than potential persons who were miscarried,since actual persons survived the pregnancy.

    Apo said- Thinking about a crime does not lead naturally to doing it -- I had a co-worker who admitted that when she worked at a bank, she was always fantasizing about walking out with a bag of money. She was never close to doing it, however, no matter how many times she thought about it, for the usual reasons that people will choose not to commit crimes. A baby, by contrast, is on a natural, straight-line path to maturing and becoming a child and then an adult. One thing naturally follows the other.

    You're off in the weeds, building another straw-man argument.

    My point was to focus on 'potential' in terms of the TEMPORAL INEVITABILITY, and NOT considering commiting a crime which the person could later decide NOT to do.

    NONE of which changes the fact that U.S. law ignores 'potential harm' that MAY or MIGHT have been inflicted: you can ONLY sue others for losses that ACTUALLY happened, NOT potentially happened. It's why you cannot sue someone after a 'close call' in traffic, where you ALMOST got into an accident.

    If we allowed that kind of illogical nonsense to enter into the court system, the courts would be facing an even far-worse back-log that we have, with lawyers quibbling on speculative claims of potential damages that might have occurred, where the plaintiff's imagination is the only limit.

    Which leads to exactly the kind of absurdity you mentioned:

    Apo said- To illustrate the absurdity of your analogy, if a child is killed, do we prosecute the killer or do we say, "Well, the child might have fallen sick and died anyway before reaching adulthood. They might have died in an accident." On the contrary: society actually deals more harshly with people who harm children than any other class of criminal.

    That's EXACTLY the kind of silly-sauce speculation playing "what if?" games that are completely pointless, since NO ONE possesses prescient foresight of what will happen in the future. Operating on the basis of potentiality, the defendent could argue, "Well, I know the child was going to grow up to become a Hitler, and would kill 20 millions Jews! So I did society a favor by killing him!"

    We deal in the here and now, and NOT in the future, UNTIL a damage actually occurs in the present (and the impact can be then projected into the future, by creating an estimate).

    Apo said- Why is a child's life considered more valuable than an adult's? I wonder if you can tell me.

    I've laid out MANY logical arguments:

    1) the courts give priority to those who have been born, partly due to the difficulty of determining when life actually begins.

    2) Women own their own bodies (self-autonomy, patient autonomy), and enjoy the right to determine what happens to their own bodies, including the right to choice to terminate the pregnancy.

    3) Mother Nature (God?) gives priority to those who have already been born (declared as winnas!), since the act of being born is crossing the 'finish/beginning line'.

    Adam

  • Justitia Themis
    Justitia Themis

    infliction of emotional distress on the husband and family, but showing 'intent' in court will be another matter, indeed, if the husband files that suit in the future

    I believe IIED is only an add on in Texas anyway. So, if there is another cause of action, they will not allow the IIED to go forward.

    Nevertheless, IIED is one of the intetional torts whose standard of proof is intentional OR reckless disregard. While the law is poorly worded and subject to multiple interpretations, the hospital's legal counsel could have just as easily used the prior case as legal justification not to fight the family's wishes. I would love to see the discoverable documents to see why the hospital chose to take this course when it appears that the only existing case law dictated that it take the opposite course. That might be enough to get them to 'reckless.'

    I just hope his lawyer will do the work at a greatly reduced price, or even pro pono, to get the win and the publicity. Hopefully, the case will get appealed all the way to the highest Texas court so that families and hospitals will have clear direction.

    Edited to add 'reckless disregard' stuff.

  • adamah
    adamah

    infliction of emotional distress on the husband and family, but showing 'intent' in court will be another matter, indeed, if the husband files that suit in the future

    JT said- I believe IIED is only an add on in Texas anyway. So, if there is another cause of action, they will not allow the IIED to go forward. Of course, there's always negligent infliction...I just hope his lawyer will do the work at a greatly reduced price, or even pro pono, to get the win and the publicity. Hopefully, the case will get appealed all the way to the highest Texas court so that families and hospitals will have clear direction.

    While the law is poorly worded and subject to multiple interpretations, the hospital's legal counsel could have just as easily used the prior case as legal justification not to fight the family's wishes.

    Thanks for the info, JT.

    Not knowing anything about the hospital (I suppose I should look into their religious affiliation, if any...), I was wondering if JPS was possibly trying to force the husband to legally push the issue perhaps to highlight and publicize the craziness of the law, as the perfect test case? It's either that, or they actually ARE deluded by their beliefs, and actually tell themselves they're doing God's work and are carrying out the will of God...

    Adam

  • Justitia Themis
    Justitia Themis

    I was wondering if JPS was possibly trying to force the husband to legally push the issue perhaps to highlight and publicize the craziness of the law, as the perfect test case?

    First, let me say I know next to nothing about Texas law. However, if that was JPS' goal, then as a hospital, with deeper pockets than the civil-servant husband, should have filed for a declaratory judgment.

  • adamah
    adamah

    JT said- First, let me say I know next to nothing about Texas law. However, if that was JPS' goal, then as a hospital, with deeper pockets than the civil-servant husband, should have filed for a declaratory judgment.

    Yeah, that's what I was afraid of: a hospital deciding to play the role of the humble servant of God.

  • snare&racket
    snare&racket

    This is an ethical issue, there is no right answer. Everyone's moral outlook is different.

    This thread is a perfect example of refuting the concept of absoloute morality, every human being has a perspective, some share some differ.

    You can't make square peg's fit round holes, if the other person see's things differently, chooses to live by differing standards, you won't be able to persuade them of your point of view.

    Some things are black and white, this is very grey.

    However I must admit, I imagine the hospital and director are quite nervous right now concerning the law they used, as I said earlier "life sustaining treatment" for the pregnant woman, legally requires a life. She was and is clinically dead.

    I assume they made their desicions, perhaps with bias as it is impossible to do so without, but in difficult and heart breaking circumstances, though legally they will likely recognise it was a mistake, though the ethical status of their desicion is as I said unique to everyones opinion.

  • sooner7nc
    sooner7nc

    Today I spent 10 hours at JPS on one of the Med-Surg floors during nursing clinicals. I've been coming to JPS for 5 months now in Med-Surg and Labor and Delivery and have gotten very familiar with the nurses and other staff as well the patient population and I've been very impressed by the care provided by this organization.

    If the mother's braindead (which isn't DEAD by the way) and the child still has the possibility of a viable birth then I say keep her on life support.

    Another point I would like to make is to correct what's been said about mother's and baby's blood. The cardiovascular systems of the mother and baby are separate and do not mix. Also, the fetus has quite a reserve capacity of oxygen compared to the mother.

    I know next to nothing about Texas law The first smart thing you said in this thread.

  • sooner7nc
    sooner7nc

    In addition I would like to add to all those that say that they're glad they don't live in Texas; we're glad you don't live here either.

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