Sooner said- I would really like to know if Mr. Perez has any medical training except for googling things that he agrees with pertaining to healthcare.
Hmmm, why don't you google it and see what you can find?
Paralip- There is such a difference between when a fetus is recognized legally and when it is alive. To a loving couple, it is alive from the moment they learn of it. It is a baby and their child and the loss is traumatic.
Thanks for adding your thoughts, Paralip.
That actually reminds me of something that wraps up a few lingering questions.
Apparently there's a distinction JPS was drawing between 'meeting the clinical criteria of brain death' and actually being 'pronounced brain dead'.
It seems that during the past two months, her JPS attending physician never quite got around to signing her death certificate (they must've been too busy doing other things). This explains the hospital's little 'game' of holding off on pronouncing her death, because they didn't even consider her officially dead.
The JPS defense (in the affadavit) was based on asking the judge for clarification of applicability of 166.049, since their unstated assumption was she still was alive, despite meeting all the clinical criteria of death, simply based on their failure to take the last step and officially certify her death! So although the patient died on Nov 28th and met the clinical criteria of death at that time, the hospital only conceded that point in writing just a few days ago, only hours before the judge heard the case.
Their lack of pronouncement of death also explains why the JPS lawyers failed to mention the Martin case in their affadavit, since in the eyes of JPS, the fact-pattern was sufficiently different (Martin had been 'declared dead', a factor which triggered the reversal of the ruling) didn't apply to Munoz (who hadn't yet been 'declared dead').
From the LA Times article:
Given the clarity of this statutory language, it is hardly surprising courts have determined it inapplicable after a determination of death. For example, in a similar case in Houston, a Texas court ordered a hospital to continue treatment for a comatose Tammy Martin, who was then 15 weeks pregnant. But the court reversed the order, a few weeks later, once Martin had been declared dead.
As hinted at earlier, JPS' strategy seems to have been to drag their feet on declaring death until after the fetus hit the age of viability, maintaining her on life-support for the sake of the fetus and then performing a C-section, and only THEN pronounce her dead, so they weren't even guilty of mutilating a corpse.
In their eyes, JPS was not even violating Section 42.08 (Abuse of Corpse) by failing to turn over her dead body to Erick, since she hadn't yet been declared dead by them!
This also explains why the judge's ruling not only mentioned the non-applicability of 166.049 (since JPS admitted only hours earlier that she met the clinical criteria of death found in 671.001), but also included the order for JPS to pronounce her dead before 5PM Monday (apparently a judge cannot pronounce death, but CAN order the hospital to do so).
I'd call it brilliant, if it weren't so downright Machiavellian, suggesting intent of the State to rob the personal liberties of citizens.