Thanks for the update on the prior case, JT.
FHN said-
There has to be more to this JT, or the hospital wouldn't put its self at risk in court.
And what risk do you think the hospital is putting itself in, when they can point to an ambiguously-worded law as their defense?
They're actually playing it ultra-conservative, and likely overly-cautious (over-interpreting the law), since there is no monetary damages to be awarded for following State law, etc, and the husband is seeking an emergency ruling, only. Filing to seek monetary damages would require a separate filing (a cause of action) for the huband to file a claim that the hospital was intentionally misreading the law to cause him and his family emotional distress.
At this point, though, the husband is forced to find (and pay) a lawyer out-of-pocket to try and force the hospital (JPS) to give up their odd claim that a dead body is a patient, and get the judge to issue an order telling JPS to disconnect his wife, as she wished.
Who knows what JPS's motivations are, but the obvious suspicious is someone in the hospital is trying to "run down the clock", dragging their feet and covering their ears to buy time for the fetus to make it to wk 24, when viability can first be assessed (and the test says little about it's cognitive state, just the viability of it's body, so it could be born as a vegetable).
The inaction of JPS IS 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. So at this point, they face little risk by over-interpreting the law (pointing to the law as their justification, trying to avoid violating criminal law by ignoring the Advanced Driective Act). It's a bad law, and needs to be wiped off the books (as the article posted by JT points out, it's likely unconstitutional, but it'll take YEARS in order to work it's way up to the Supreme Court, IF the husband wants to spend the next decade of his life trying to push this issue through the TX legal system).
Adam