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Thread: Pregnant, brain-dead woman's husband sues hospital

  1. #31
    Community Host Alissa_Sal's Avatar
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    Please note that I never thought that this made a difference about whether the husband's wishes should be honored, but here is an update on the case:

    Brain-dead Tarrant woman's fetus is 'distinctly abnormal,' attorneys say | Dallas Morning News

    For those of you who felt that the hospital was within their rights to keep the dead woman on "life support" because we didn't know the condition of the fetus, does this change your opinion?

    Personally, the parent in me is completely horrified that this poor baby may be doomed to a life of pain that his or her parents may have wished to prevent. As I noted, I would have believed he was within his rights to have the plug pulled regardless of if the child was normal, but now knowing that his child is most likely in for a life of suffering makes it that much more tragic and unethical to me. Before anyone accuses me of it (I've been reading the on line comments on this development), no, I do not believe that all children with fetal abnormalities "should be" aborted, as if those babies lives have no value. Not at all. But, as a parent myself, I would have wanted the ability to make a loving choice for my own child to decide if I thought they would be able to enjoy an acceptable quality of life. The idea that this child may well be in pain currently and for the rest of his/her life and apparently according to the state of TX the parent has no say about it or power to end it, literally churns my stomach.
    -Alissa, mom to Tristan (5) and Reid (the baby!)

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  2. #32
    Posting Addict GloriaInTX's Avatar
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    It doesn't change my mind. The abnormalities mentioned are not necessarily life-threatening and there is still no diagnosis that says that this child can't live a normal life. Who gets to say what is normal anyway?

    One to two of every 1,000 babies are born with hydrocephalus, making it as common as Down’s syndrome and more common than spina bifida or brain tumors.
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  3. #33
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    Quote Originally Posted by Alissa_Sal View Post
    Please note that I never thought that this made a difference about whether the husband's wishes should be honored, but here is an update on the case:

    Brain-dead Tarrant woman's fetus is 'distinctly abnormal,' attorneys say | Dallas Morning News

    For those of you who felt that the hospital was within their rights to keep the dead woman on "life support" because we didn't know the condition of the fetus, does this change your opinion?

    Personally, the parent in me is completely horrified that this poor baby may be doomed to a life of pain that his or her parents may have wished to prevent. As I noted, I would have believed he was within his rights to have the plug pulled regardless of if the child was normal, but now knowing that his child is most likely in for a life of suffering makes it that much more tragic and unethical to me. Before anyone accuses me of it (I've been reading the on line comments on this development), no, I do not believe that all children with fetal abnormalities "should be" aborted, as if those babies lives have no value. Not at all. But, as a parent myself, I would have wanted the ability to make a loving choice for my own child to decide if I thought they would be able to enjoy an acceptable quality of life. The idea that this child may well be in pain currently and for the rest of his/her life and apparently according to the state of TX the parent has no say about it or power to end it, literally churns my stomach.
    My inner debate about this is if she is truly dead or not. If she is Dead, dead then I believe it should be up to the family about what to do and I do not hold any judgement in someone not wanting their wife's body left like this. If she was just in a never ending coma or persistive vegetative state then the fact that there is a baby should come into consideration. Even still, to me there is a difference between letting a baby die naturally because the mother is dead, and purposefully going out to end a child's life as in an abortion.

    To me, if the baby has a non-life threatening birth defect is not a consideration. (I know others disagree, but my personal opinion) We would not differentiate between a healthy baby and a sick baby when it comes to a baby that is already born.

    Again, I know that not everyone is going to agree with this position, but the question was asked if the health of the baby would make a difference in our opinion.

    ~Bonita~

  4. #34
    Posting Addict Spacers's Avatar
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    She is brain dead. The hospital finally admitted to that, although it took a court order for them to turn over her medical records that confirmed it.

    ETA: Even one of the people who drafted this law says it was never intended to be applied in this way:
    "Mu?oz' legal petition also includes a supporting statement from SMU law professor Thomas Mayo, who helped craft the law in Texas' Health and Safety Code. Mayo said the drafting group never considered the application of the law to 'a dead person.'"

    http://www.wfaa.com/news/local/tarra...241750531.html
    Last edited by Spacers; 01-24-2014 at 05:26 PM.
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  5. #35
    Posting Addict GloriaInTX's Avatar
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    Here is the brief that shows the hospitals interpretation of the law.

    http://content.foxtvmedia.com/kdfw/p...z_repsonse.pdf
    Mom to Lee, Jake, Brandon, Rocco
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    The hospital is now agreeing the fetus is not viable.

    Hospital, family concur brain-dead Texas woman's fetus 'not viable' - CNN.com
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  7. #37
    Posting Addict GloriaInTX's Avatar
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    Quote Originally Posted by mom2robbie View Post
    The hospital is now agreeing the fetus is not viable.

    Hospital, family concur brain-dead Texas woman's fetus 'not viable' - CNN.com
    There was never a question of the baby being viable as it was under 24 weeks and that is the earliest they consider a baby viable.
    Mom to Lee, Jake, Brandon, Rocco
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  8. #38
    Posting Addict Spacers's Avatar
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    The hospital was ordered to remove the ventilator.

    Texas judge: Remove brain-dead woman from ventilator - CNN.com
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  9. #39
    Posting Addict Spacers's Avatar
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    A Texas hospital said Sunday that it will remove life support from a pregnant, brain-dead woman following a judge's order that it was misapplying state law to disregard her family's wishes.(snip)"From the onset, JPS has said its role was not to make nor contest law but to follow it," the statement said. "On Friday, a state district judge ordered the removal of life-sustaining treatment from Marlise Munoz. The hospital will follow the court order."
    Texas hospital to end care for brain-dead woman - SFGate

  10. #40
    Community Host Alissa_Sal's Avatar
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    A very sad case. I am glad that the judge put an end to it, and hope that the family can now have some closure and begin the healing process.

    My point about the abnormal development of the fetus was just that the fetus had obviously suffered profound trauma that the hospital then continued to perpetuate. Had the hospital allowed the dead woman's body to...I don't even know what to say, not "die" because it was already dead, but to be in it's natural state, the baby would have died a quick and natural death with her as happens, sadly, when a pregnant woman dies. This prolonged tortoruous ending just seems so much worse to me. My heart still aches thinking about that baby. They say that a 20 week old fetus is able to feel pain - I hope that he or she wasn't in pain in the end, but it seems like with the hydrocephalus especially s/he might have been. My DH had non-septic meningitis several years ago which causes swelling of the meninges which puts pressure on the brain that I imagine would be similar to hydrocephalus and he was in agony. I really really hope that this baby was never aware enough to hurt while the hospital pulled their shenanigans.
    Spacers likes this.
    -Alissa, mom to Tristan (5) and Reid (the baby!)

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