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

by adamah 285 Replies latest social current

  • LisaRose
    LisaRose

    What I don't get about this is that the people who wrote the law were not intending for it to be applied in this particular instance, when the mother is brain dead. So is the hospital being overzealous in of fear of breaking the law or are they deliberately misinterpreting it for their own reasons?

    My feeling is that the woman is dead and the wishes of her next of kin should take precedence.

    We had a different issue recently here in California. A 13 year old girl had a tonsilectimy that went bad, and as a result is brain dead. Normally they keep life support going until the family can be notified and be given time to say good by. The problem is the family would not consent to turn off life support. They were understandably upset with the hospital, but now they think the hospital wants to kill their child. They got a court order for an independent evaluation, but when that doctor confirmed that she was, in fact, brain dead, they still wouldn't accept it. They got another court order to move her to a long term treatment facility. It's very sad, this girl is not in a coma in which there is a chance, however small, that she could come out of it. She is dead, no brain stem activity at all. It's very sad that they cannot accept her death, and that a lawyer and a judge would allow this to go on, it's been a month since she died.

  • Violia
    Violia

    I have been following that case LisaRose. I can't imagine how I'd feel if my 13 yr old child went in for tonsillectomy and ended up brain dead. Early on the mother was saying that the girl was bleeding too much and she'd reported it to the nurses . I think when they do finally accept the girl is dead they'll sue the hospital for malpractice-- something is missing in this story . all surgeries carry a risk , however I'd leave no stone unturned when a 13 yr old dies.

  • LisaRose
    LisaRose

    It's a given there will be a lawsuit, but the hospital cannot tell their side of the story due to patient confidentiality, so who knows what happened. I have heard some question why an overweight child was not told to lose weight before surgery for sleep apnea in the first place. It's a tragedy that is just being compounded by a mom who cannot accept the reality of her child's death.

  • FlyingHighNow
    FlyingHighNow

    The hospital will offer the family a settlement and the family will likely hire a lawyer to guide them through the settlement. Unless the hospital clearly thinks they did nothing to contribute to the girl's death.

  • FlyingHighNow
    FlyingHighNow

    It is much cheaper for the hospital just to offer to settle without admitting guilt. It will cost them a lot less.

  • adamah
    adamah

    LisaRose said- What I don't get about this is that the people who wrote the law were not intending for it to be applied in this particular instance, when the mother is brain dead. So is the hospital being overzealous in of fear of breaking the law or are they deliberately misinterpreting it for their own reasons?

    Based on what sooner posted, I'd bet dollars to donuts the hospital was trying to run down the clock for six weeks in order to reach the 20-week point, where they could argue that the futus wasn't jeopardizing the health of the mother any longer, since the mother was already dead!

    Crazy huh, ignoring the law on the basis of claiming the dead mother is a "pregnant patient", and then arguing that the "pregnant patient" is already dead, so the fetus (who is now old enough to trigger other sections of the law), now warrants legal protection.

    I'd almost say it's brilliant, if it weren't such a dastardly method to rob next-of-kin of their rights to decide...

    LisaRose said- We had a different issue recently here in California. A 13 year old girl had a tonsilectimy that went bad, and as a result is brain dead. Normally they keep life support going until the family can be notified and be given time to say good by. The problem is the family would not consent to turn off life support. They were understandably upset with the hospital, but now they think the hospital wants to kill their child.

    Yeah, they talked about that case on the video in the OP.

    Tragic, since the family cannot accept that their daughter is GONE. It was quite a case, since the CA hospital and doctors were arguing how unethical it is to operate on a deceased body to allow it to remain on life support, whereas the hospital in TX had NO PROBLEM ignoring the wishes of the family to refuse to disconnect. Different cases, but similar concerns of maintaining a balance between the rights of patients vs respecting principles of medical ethics.

  • Justitia Themis
    Justitia Themis

    As a Seattle resident, it took me a bit longer to recover from the play-offs and start posting again. However, I see this thread has degraded into arguing about state culture, so I will respond only to correct Sooner’s misconception.

    Justitia I read the paper you claim to have written. Very interesting stuff. I especially like how you (I'll just assume you're telling the truth) and your colleagues point out that...

    Sooner, I never claimed to have written the paper from which you posted quotes. In fact I was very clear that I was posting a quote from a paper I wrote in which I relied upon the cited paper to support my contention.

    If you struggle to understand my footnote usage, it’s no wonder you misunderstood the conclusions of the paper I used as a supporting citation.

    From the title alone, it should be clear that the authors were challenging organ retrieval after “circulatory death.” (Circulatory death=the heart will never again work on its own (perhaps due to heart attack) but the person isn’t necessarily brain dead). Since some hospitals retrieve organs as little as 75 seconds after they allow the machine-supported heart to stop beating in patients who have experienced only circulatory death, it leaves us to wonder if the non-brain dead donor might actually feel the pain (harm); that’s why the practice is controversial.

    The controversial University of Michigan protocol: http://www.bioedge.org/index.php/bioethics/bioethics_article/10002

    Nevertheless, their support of brain-dead being sufficient for death is noted in their second argument as to why circulatory death may not be enough: “The patient is not dead at the moment of [circulatory death] organ retrieval because brain death is not rigorously demonstrated.” (emphasis added). The reverse of their statement is that retrieval is O.K when brain death is demonstrated.

    Sooner'squote from the paper: Obedience to the DDR has induced policymakers to include
    andmaintain irreversible loss of brain function as a legal criterion
    for declaring death despite controversies and some
    evidence that these individuals do not fulfil any definition
    of death."

    In the above quote, they are referencing the most morally stringent definition of death: the absolute cessation of all bodily function for a certain period of time, i.e., old-time death, e.g., the cold body sitting on a slab for a few hours. ANY function, including reptilian-brain functions controlling temperature regulation, is enough to call a person “living,” Instead, they suggest the following:

    Sooner's quote from the paper: We believe that justifying the procurement of vital
    organs from severely injured patients on an explicit moral
    basis, instead of supporting it on the pseudo-objective
    claim that “they are really dead,” is an honest way to
    acknowledge the unavoidable uncertainty of the vital
    status of so-called “brain-dead” and “circulatory-dead”
    donors."

    They argue that it is better to use an "explicit moral justification" than try to explain science to people, and they propose we tell families the following: 1) At some level your family member is ‘alive,’ (reptilian brain) 2) but they will never be sentient again (any important part of their brain is gone), 3) however, their brain is not functioning enough to feel pain (they are beyond “harm), 4 so it is morally justifiable to take their organs even if we want to go so far as to call them ‘living.’

    In sum, they are making an argument that euthanasia to obtain organs is morally justified in certain circumstances, and policy-makers should quit babying the public and tell them that.

    After this thread, I highly disagree with their faith in the public to unemotionally process much of anything related to death.

    Quotes Sooner chose NOT to copy:

    Virtually all modern countries currently accept a “bifurcated legal standard” to declare death: irreversible cessation of circulatory and respiratory function and irreversible loss of all brain function (Capron 1999, 7).

    There is general agreement that brain-dead individuals are beyond harm. This implies that if brain-dead individuals were considered to be alive, organ procurement from these patients would still not necessarily threaten the fundamental need to preserve the interests of the donor at the moment of organ procurement. (See my above summation of their argument)

    However, organ procurement from brain-dead patients is widespread and is for the most part a fairly uncontroversial practice, certainly due to the fact that neurological death [brain-dead] remains a reliable criterion for establishing a prognosis of irreversibility. Where controversy is now focused is in cases of donation after circulatory death (Bernat 2010). (emphasis added).

  • adamah
    adamah

    UPDATE:

    From http://www.kxan.com/news/texas/hearing-set-in-texas-brain-dead-pregnant-woman-case

    FORT WORTH, Texas (AP) — Attorneys for the husband of a pregnant, brain-dead Texas woman being kept on life support say the fetus inside of her is "distinctly abnormal."

    Erick Munoz's attorneys said in a statement Wednesday that the fetus that Marlise Munoz is carrying has several "abnormalities," including a deformation of the lower body parts that make it impossible to determine its gender.

    Attorneys Heather King and Jessica Hall Janicek say they're basing their statement on medical records received from John Peter Smith Hospital in Fort Worth. The hospital is keeping Marlise Munoz on life support against her husband's wishes. Erick Munoz has sued the hospital.

    The hospital says it's following state law that says pregnant patients cannot be denied life-saving treatment.

  • adamah
    adamah

    What this hospital is doing is very different from medical research conducted in laboratories, since it's completely unethical to perform medical experiments upon a dead body without the deceased person's (or next-of-kin's) consent, all in an attempt to think they're doing what is pleasing to God by experimenting with a deformed fetus inside a dead body.

    What a mess....

  • FlyingHighNow
    FlyingHighNow

    I doubt they think it's about God.

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