FHN said- Adam, neither of these addresses a pregnant woman. The doctors in Texas knew the mother was brain dead.
Yeah, that's the entire point, FHN. It's why I've been saying that you cannot look at applicable statutes in isolation, but must look at how they operate as a whole.
In Texas, 671.001 (the part of the law that defines clinical death) and 166.049 (the part of the law that mentions pregnant pts on life support) operate as a team, but JPS lawyers had conceded only hours before the hearing that doctors had clinically-determined her as dead on Nov 28th (a fact they hadn't admitted publicly until the day of the hearing, some two months later even though it was written in the charts, and Erick said they flip-flopped when the family was preparing to say their final goodbyes on the 28th after her death).
Hence the judge ONLY ruled on applicability of 671 (which was an easy ruling, since the JPS lawyers agreed not to contest the point), and the issue of pregnancy (raised in 166.049) didn't even arise. Since there was no requirement of legal death following clinical determination of death in 671, the judge ordered JPS to declare her as legally-dead and unhook her body from life support within 4 days of his ruling (the hospital didn't appeal the decision but complied, likely disappointing some right-to-lifers who'd claim even severely-compromised quality of life is worth fighting for).
That's why I said the ruling is seemingly a "one off", and there's nothing within TX law that would prevent this same exact scenario from repeating tomorrow by forcing another family to take the hospital to court to get a ruling for THEIR family member, ordering them to disconnect the pregnant cadaver (this case doesn't set any precedents applicable to other cases, since JPS could use the same strategy of not pronouncing legal death for months).