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

by adamah 285 Replies latest social current

  • adamah
    adamah

    sammielee said- Did she leave a written directive about what she wanted? That's the only way to make any claim that she herself made decisions for her body - to pass on decisions regarding her life or decisions that might affect her or her family.

    It wouldn't matter if she had left an advanced directive which meticulously stated what she wanted: state law automatically overrides the patient's desires, and the Hospital has to ignore those wishes and follow the ambiguously-worded law (§166.049).

    Apo said- Of course the baby cannot form an opinion yet, that's why it needs to have its life preserved.

    And on what basis do you assume that it even WILL be able to form an opinion?

    Apo said- For God's sake, Adam, when a paramedic comes into a room where there's a person who's not breathing, do they refuse to help until they know if the person wants to keep living?

    No, since the default assumption of healthcare providers is to save a life UNTIL they are told otherwise.

    ONCE the pt expresses their wish (or beforehand, as this women told her husband) then THAT request has to be honored, since it's unethical to treat people without their consent. This women stated her wish was NOT to be kept on life support if in a coma/PVS, and that would go doubly so for keeping her dead body alive for 4 months. Her husband (next of kin) normally would be allowed to decide, but he's not allowed to, since the Nanny State is forcing her body to be used as an incubator, against her will.

    Apo said- What about all the people who attempt suicide and are forcibly resuscitated?

    What about it? Again, the default assumption of healthcare providers is to save a life, and ask questions later. What appears to be a suicide can be a staged murder, etc.

    Apo said- And I don't claim to have any wisdom, just common sense. It simply seems clear to me that the wishes of "living beings" (the family, I presume you mean) are automatically trumped by an issue of life and death. It's not their lives at stake, so their say in the matter is limited.

    You're missing the broader issue here: ONLY YOU should be able to decide what happens to YOUR body. ONLY the person should be allowed to make decisions of what happens to their body, since they "own" it. Self-determination, self-autonomy, etc is a CORE principle of jurisprudence.

    Apo said- Didn't the husband want the baby when his wife was alive? So why are we suddenly so eager to kill the baby if there's a chance it can be saved?

    They have a child already.

    Hell, Apo: who are YOU to sit there and TELL this father that he is "killing his baby", when he's going to have to deal with not only the grief of the loss of his wife, but also arrange for childcare for the older son while he works, criticizing him for not taking on the added responsibility of what might turn out to be a child with permanent developmental delays that may lead to nothing more than a living, breathing, crap shell, for 70 years?

    The fetus is an emotional tug at heartstrings, yes, and we all want there to be a happy ending or sliver lining, but the reality is bad things happen and there is guarantee of NO happy ending. Religious people allow their delusional thinking to color their thinking, and it's fine if they keep it inside their own heads, but they don't: they allow it to effect public policies, such as this very law under discussion.

    Adam- So, assuming you're not already an organ donor, how do you feel about the State simply deciding for you, and forcing individuals to become organ donors (despite their wishes: some people have religious beliefs that prevent such practices), and harvesting your organs against your will? You're dead, right, so what would it matter to you?

    It's a bit creepy to think about, but I suppose I have to be fine with it. As a materialist, I don't believe that there's anything left of me in my body once I die (and most religious people feel the same, nowadays), therefore it's just a big bag of organs for the taking. If they're still useful for someone else, it would be unethical for me to not want them to be harvested.

    OK, fair enough.

    So you'd have no problem with us keeping your dead body on life support for say, 5 months, since the organ donors are not yet ready for your organs?

    Your family wouldn't mind visiting your carcass in the Hospital, since it's not like people actually get any emotional closure from attending the burial service of a loved one, right?

    BTW, if you say "yes", no are consenting. This woman wasn't asked, and even if she were, the State has overridden her choice, anyway, if she wanted to say 'no'. That's no choice.

    If we were living in a logical society, all bodies would be automatically organ-salvaged at death. Sadly, we instead live in a world of hypocritical madness, where people protest the death penalty for people who've murdered others, but at the same time believe that a baby's life is somehow less important than the mother's "healthcare rights". News flash, it's not "her body" at all anymore, it's "their bodies".

    Huh? who is "their"?

    Anyway, you apparently don't believe a person's right to determine what happens to the property they own matters upon their death (since they're dead, and don't know any different), so guess what? You probably shouldn't worry about leaving a will (AKA "last will and testament"), the right to decide who inherits your property after your death.

    Adam

  • Apognophos
    Apognophos

    And on what basis do you assume that it even WILL be able to form an opinion?

    I hear what you're saying about possible brain damage to the baby, but that's immaterial outside of Nazi Germany. We don't euthanize people because they're defective. In any case, you certainly can't assume that the baby will not be okay, which you seem to be doing. Whereas I'm not making any assumption personally -- I'm saying that the baby might turn out okay and therefore that's enough cause to preserve its life, and even if it's not okay, do we have the right to pre-emptively terminate someone because they might be so disabled that their life is not fulfilling? That takes some serious cojones, to take a life based on speculation.

    No, since the default assumption of healthcare providers is to save a life UNTIL they are told otherwise.

    ...And? You're not making the connection to the baby here. When a person is unable to express their wishes, they are treated until they can. Why should this not apply to the baby?

    You're missing the broader issue here: ONLY YOU should be able to decide what happens to YOUR body. ONLY the person should be allowed to make decisions of what happens to their body, since they "own" it. Self-determination, self-autonomy, etc is a CORE principle of jurisprudence.

    Actually, you're the one missing the broader issue. Why don't the rights you describe above apply to the baby and his/her body?

    Hell, Apo: who are YOU to sit there and TELL this father that he is "killing his baby", when he's going to have to deal with not only the grief of the loss of his wife, but also arrange for childcare for the older son while he works, criticizing him for not taking on the added responsibility.

    He's the one that got her pregnant, and now he has a(nother) child to show for it. I don't have to tell anyone anything, the facts are self-evident. There's a life that can't yet sustain itself and needs a place to grow. The life ends if this place is taken away from it. And anyway, do you honestly believe that people should kill babies just because they might be an inconvenience? Besides that, there are always couples looking to adopt, if the husband really can't provide a home for another child.

    News flash, it's not "her body" at all anymore, it's "their bodies".

    Huh? who is "their"?

    The unborn child, silly. They are sharing a body in the sense that the younger one requires the mother's body to survive. So a mother naturally cannot have 100% moral rights over her own body as long as she's pregnant.

    Anyway, you apparently don't believe a person's right to determine what happens to the property they own matters upon their death (since they're dead, and don't know any different), so guess what? You probably shouldn't worry about leaving a will (AKA "last will and testament"), the right to decide who inherits your property after your death.

    That's just a matter of disposition of property. There are no life and death reasons not to fulfill a typical will.

  • Justitia Themis
    Justitia Themis

    Of course the baby cannot form an opinion yet, that's why it needs to have its life preserved. For God's sake, Adam, when a paramedic comes into a room where there's a person who's not breathing, do they refuse to help until they know if the person wants to keep living? What about all the people who attempt suicide and are forcibly resuscitated?

    Since this woman is brain dead, damage to the fetus is highly likely, and the father should not be forced to financially and emotionally bear the burden. Even Catholic Moral Theology (double-effect) could allow disconnecting the mother and letting “God’s will” occur, and CMT is one of the most stringent of all the moral theories.

    Facing this high risk, the father, as next of kin, has to right to make the decision; the mother’s expressed end-of-life wishes serves to bolster his legal/moral rights.

    As Adam has already addressed, the paramedic analogy is a non-starter. For the paramedic, it is an emergent situation in which facts are not known (attempted murder?), so of course the legal and moral presumption is to save the life. This is not the case with the dead mother.

    News flash, it's not "her body" at all anymore, it's "their bodies".

    So a mother naturally cannot have 100% moral rights over her own body as long as she's pregnant.

    The above is an incredibly dangerous assertion. IF such is true, then society has the legal/moral right to arrest, prosecute, and force treatment on pregnant women for smoking, drinking, refusing to get vaccinated, etc.

    Additionally, I may have missed it, but there is also the elephant-in-the-room resource argument that American’s will eventually have forced down their throats.

    No one can definitively state the status of the child, but providers can say with great confidence that its prognosis is not good. A strong heart beat says nothing about the fetus’ cognitive state. So at BEST, there is a maybe, kinda, sorta chance that things MIGHT be O.K, while there is a really, really, good chance that what comes out of that dead body will be seriously f*cked up, with no hope of any quality of life, IF it can even survive.

    Yet, the state of Texas is forcing the expenditure of THOUSANDS of dollars when that money could be spent to save the lives of people already living! That is a moral travesty.

  • Justitia Themis
    Justitia Themis

    hear what you're saying about possible brain damage to the baby, but that's immaterial outside of Nazi Germany. We don't euthanize people because they're defective

    Only the living can be euthanized. This child is not alive in that it cannot live outside the womb.

    However, stepping away from the when-does-life-being argument, we regularly and routinely test fetuses for genetic issues/complications, and parents can choose to abort them based on those tests. We do NOT force parents to bring severly ill and disabled children into the world, and then force them to care for them.

    Lastly, you might want to google the "Groningen Protocol" before you make your assertion again.

  • Apognophos
    Apognophos

    Since this woman is brain dead, damage to the fetus is highly likely

    I'm not familiar with the medical implications of a mother being brain-dead. I didn't think that the baby needed his/her mother's brain to be functioning to develop well. Considering the stories of people who were frozen overnight, or found laying face-down in rivers, and survived with practically no injury, I don't count out the possibility that the baby is developing competely normally, especially if the female body prioritizes its resources to the womb when in danger (but that's just speculation on my part, so it's not intended to bolster my argument; I've heard of studies that show that women's bodies preserve heat in the core more than men's bodies do, but this is a bit different).

    As Adam has already addressed, the paramedic analogy is a non-starter. For the paramedic, it is an emergent situation in which facts are not known (attempted murder?), so of course the legal and moral presumption is to save the life. This is not the case with the dead mother.

    You also missed my application of this principle to the baby. I was never referring to the woman when I brought this up.

    News flash, it's not "her body" at all anymore, it's "their bodies".

    So a mother naturally cannot have 100% moral rights over her own body as long as she's pregnant.

    The above is an incredibly dangerous assertion. IF such is true, then society has the legal/moral right to arrest, prosecute, and force treatment on pregnant women for smoking, drinking, refusing to get vaccinated, etc.

    And you're... against this? Why on Earth would parents not be liable for damaging their child in the womb if we have a little thing called social services (or child welfare, etc.) which takes a child away from negligent parents, and if we arrest parents for leaving babies in hot cars even when the baby is not harmed? Good Lord. The examples you listed could all result in exactly the kind of mentally-damaged children that we've been talking about in this thread.

    Yet, the state of Texas is forcing the expenditure of THOUSANDS of dollars when that money could be spent to save the lives of people already living! That is a moral travesty.

    I'm amazed by that bit in bold. Did you mean to type that, honestly, or was it a mistake? Last time I checked, a baby is alive too. It has its own heartbeat and developing body.

    Only the living can be euthanized. This child is not alive in that it cannot live outside the womb.

    You make it sound like the baby is just some inconvenient growth in the woman. But upon being born, voila! It magically transmutes into a human being with rights. Amazing how that works.

    We do NOT force parents to bring severly ill and disabled children into the world, and then force them to care for them.

    You're right, of course. And I'm not 100% opposed to terminating a child that is definitely going to live a life as a vegetable, drooling in a wheelchair. Odds are that they would not want to live if they knew they would end up that way, and could communicate this to us. But anything more functional than a severely retarded person has a chance of contributing to society.

    Although I'm not a Republican by any means, I think it's surreal that the same people who oppose death penalties and wearing fur and eating meat think it's okay to end a baby's life under any circumstances whatsoever. I realize, JT, that you're arguing from a legal perspective, but I'm approaching this from a moral angle, as you've probably already noticed.

  • FlyingHighNow
    FlyingHighNow

    That's exactly WHY no one BUT the family and husband should be allowed to decide here, since they bear the consequences of the decision. But to have the State step in and FORCE the decision upon them against their will is even more intolerable, since legislators in the State of Texas are only mucking up the situation and prolonging the pain for the survivors by forcing their religious-driven morality on others.

    Is it completely religious driven? I'm asking sincerely because I haven't read the complete law. Or is this law made to preserve human life? It's not the same argument for or against abortion, though it would be a similar issue. Does the law give a time window for how pregnant the mother has to be before the law over rides the signed medical directive of the mother or the immediate family?

  • FlyingHighNow
    FlyingHighNow

    It is a extremely tough call, but what is your final answer, if anyone dares to claim to possess the wisdom to know of all of these unknowns you highlighted?

    If the baby could be shown to be healthy, normal and capable of living a normal life after it's birth, I don't think the emotional reaction and resulting demand of the baby's father or family should be more important than the life of the developing, healthy baby. The mother isn't suffering. If the baby could be proven to be only kept "alive" via the life support used to keep the body of the mother living, in other words, if the baby is brain dead, then certainly there is no reason to continue the mother on life support. I don't know how I feel about a child who is affected by some degree of oxygen deprivation. I'm not in the position of having to make such a decision. I'd have to be face to face with it to make my own decision. I am not going to make the decision for the fetus involved. In the abortion debate, I am definitely pro-choice. The problem with this case is that the mother is not able to make this choice. She didn't leave any papers or videos stating her feelings on this specific kind of situation. Being a mother, I would guess that if this mother knew she was carrying a healthy child, she'd want the child to develop fully and to be born. She wanted the baby she was carrying.

  • sammielee24
    sammielee24

    By Karen Kaplan (LA Times)

    January 14, 2014 , 4:47 p.m.

    At the center of a dispute over whether a Texas hospital can keep a brain-dead woman on life support is a 21-week-old fetus.

    Marlise Munoz was 14 weeks pregnant when her husband, Erick, discovered her lying unconscious on their kitchen floor in the middle of the night. The 33-year-old woman was taken to John Peter Smith Hospital in Fort Worth, “where doctors informed Erick that Marlise had lost all activity in her brain stem, and was for all purposes brain dead,” according to a civil court petition filed Tuesday in Tarrant County.

    That was on Nov. 26. In the seven weeks since, the hospital has kept Munoz on life support – against the wishes of her family – in the hope that she may still deliver a healthy baby. The hospital says it is compelled to do so by the Texas Advance Directives Act, which says in part: "A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient."

    Erick Munoz, Marlise’s parents and several medical and legal experts agree that the state law doesn’t apply on the grounds that Marlise is not a “patient” because she is dead. As the tragic case of 13-year-old Oakland girl Jahi McMath brought to light, brain death – defined as the “irreversible cessation of all functions of the entire brain, including the brain stem” – qualifies as a legal death.

    Erick Munoz has filed suit to force the hospital to remove Marlise from the machines sustaining her body. But if her body is kept going until her baby can be delivered, what are the odds of success? That’s impossible to know, but there is a study that offers some clues.

    Researchers from Heidelberg University in Germany scoured the medical literature for cases of pregnant women who were kept on life support after being declared brain-dead. They were able to find details on 19 such cases that were reported from 1982 to 2010.

    Twelve of those fetuses were delivered by caesarean section and survived for some period of time after birth. One of the babies, born prematurely after just 25 weeks of gestation, died of an infection at the age of 30 days. Six of the others were developing normally as of the time that case reports about them were written (at ages ranging from 3 to 24 months), though a few of them had suffered from infant respiratory distress syndrome. The condition of the other five babies was unknown.

    Another five of the fetuses died in utero, and a sixth died at 19 weeks’ gestation after a miscarriage.

    The last fetus was delivered by caesarean section at 32 weeks’ gestation, but whether it survived birth was not known.

    Among these 19 cases, there is one fetus that was 14 weeks old when its mother was declared brain-dead – the same age as the fetus in the Munoz case. That 1994 case involved a woman who was killed in a traffic accident in Germany. It’s not clear how long the woman remained on life support, but the fetus died in utero.

    Two other cases involved a fetus that was 13 weeks old. One of them, in Ireland in 2004, died in utero eight days after its mother suffered a blood clot in the brain. The other, whose mother was in an accident in Germany in 1993, survived for 38 days before dying as a result of miscarriage.

    There were also two cases involving fetuses that were 15 weeks old when their mothers died. One of the fetuses died in utero 49 days after its mother suffered catastrophic bleeding in the brain in Italy in 1992. The other remained in utero for 107 days – more than 15 weeks – after its mother suffered a traumatic brain injury in the U.S. in 1989. That baby boy was delivered by C-section at 32 weeks; he weighed 3.4 pounds, had Apgar scores of 6 and 9 (scores lower than 7 indicate a newborn needs medical attention, according to the National Institutes of Health), and was developing normally 11 months after his birth.

    The fetus in the Munoz case has been developing in utero with a brain-dead mother for 49 days so far. Six of the cases described in the study involved a fetus that remained in utero with a brain-dead mother longer than that. In five cases, the babies were delivered by C-section; one of them died after 30 days and the other four survived. No information was available on the sixth.

    All of these cases involved a fetus that was older the Munoz fetus at the time of its mother’s injury.

    “The important question is from which gestational age onward should the pregnancy be supported?” the study authors wrote. “At present, it seems that there is no clear lower limit to efforts to support the brain-dead mother and her fetus.”

    But the authors of the study cautioned that their data were incomplete and could not be used to determine the likelihood that a fetus could survive after its mother became brain-dead. “The percentage of successful cases cannot be determined, because there are no reports describing failure of intensive maternal support from all medical centers,” they wrote.

    The study was published in 2010 in the journal BMC Medicine.

  • sammielee24
    sammielee24

    The fetus is 21 weeks now. I believe they can medically determine the health of the fetus at 24 weeks. Why not wait the 3 weeks and find out if everything is fine if the worry is in fact that the child would be born disabled. According to the hospital, there is a normal heartbeat up to this point - the lawsuit may in fact just extend past the 24 week timeframe, thereby allowing the doctors and judges involved to make a more rational decision. As to the womans wishes - one cannot know if her wishes for no life support or DNR were made during times of good health - it is more common for women to want to protect their unborn child under any circumstances than not and one wonders if she would have changed her mind during her pregnancy. Very sad for the family..samswife

  • Violia
    Violia

    I heard some discussion about ability of the baby to survive. Some say in other cases like this the babies only lived a few weeks but there has been some who survived doing well. No one backed that up with data, so don't know. There must be some way for the doctors to discover soon if the baby is normal or has suffered irreversible brain damage due to lack of oxygen. That would be truly sad to have the baby born like that. it is a slippery slope to be deciding who lives and who dies.

    I am against abortion except in the case of rape/incest absolute known serious deformity of fetus, or health of mother. This certainly seems to fall under health of mother.

    Thanks to above posts for providing the known data of survival rates of the babies. If agree that they have waited this long, why not see if the baby is OK? i also agree most mothers would do anything so their baby might live. A mircle could come from this tragedy.

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