And what was this law based upon. And what does the last sentence have to do with the OP.
And I am not a big fan of abortion either.
Texas Father Barred from Taking Pregnant Wife Off Life Support
- Thread starter Sal
- Start date
And I am not a big fan of abortion either.
You have left the problem here behind. This is not about anyone wanting an abortion because some guy couldn't be bothered to pull out in time. There is not chance of the woman surviving and very little chance of a healthy baby being born. Are you willing to help both physically and financially to raise a child that is a vegetable and care for that person until old age?
The easy way out is to not have money. Under Section 166.046 of the Texas Code, a hospital can take a person off life support if the person can't pay.
Sec. 166.046. PROCEDURE IF NOT EFFECTUATING A DIRECTIVE OR TREATMENT DECISION. (a) If an attending physician refuses to honor a patient's advance directive or a health care or treatment decision made by or on behalf of a patient, the physician's refusal shall be reviewed by an ethics or medical committee. The attending physician may not be a member of that committee. The patient shall be given life-sustaining treatment during the review.
(b) The patient or the person responsible for the health care decisions of the individual who has made the decision regarding the directive or treatment decision:
(1) may be given a written description of the ethics or medical committee review process and any other policies and procedures related to this section adopted by the health care facility;
(2) shall be informed of the committee review process not less than 48 hours before the meeting called to discuss the patient's directive, unless the time period is waived by mutual agreement;
(3) at the time of being so informed, shall be provided:
(A) a copy of the appropriate statement set forth in Section 166.052; and
(B) a copy of the registry list of health care providers and referral groups that have volunteered their readiness to consider accepting transfer or to assist in locating a provider willing to accept transfer that is posted on the website maintained by the Texas Health Care Information Council under Section 166.053; and
(4) is entitled to:
(A) attend the meeting; and
(B) receive a written explanation of the decision reached during the review process.
(c) The written explanation required by Subsection (b)(2)(B) must be included in the patient's medical record.
(d) If the attending physician, the patient, or the person responsible for the health care decisions of the individual does not agree with the decision reached during the review process under Subsection (b), the physician shall make a reasonable effort to transfer the patient to a physician who is willing to comply with the directive. If the patient is a patient in a health care facility, the facility's personnel shall assist the physician in arranging the patient's transfer to:
(1) another physician;
(2) an alternative care setting within that facility; or
(3) another facility.
(e) If the patient or the person responsible for the health care decisions of the patient is requesting life-sustaining treatment that the attending physician has decided and the review process has affirmed is inappropriate treatment, the patient shall be given available life-sustaining treatment pending transfer under Subsection (d). The patient is responsible for any costs incurred in transferring the patient to another facility. The physician and the health care facility are not obligated to provide life-sustaining treatment after the 10th day after the written decision required under Subsection (b) is provided to the patient or the person responsible for the health care decisions of the patient unless ordered to do so under Subsection (g).
(e-1) If during a previous admission to a facility a patient's attending physician and the review process under Subsection (b) have determined that life-sustaining treatment is inappropriate, and the patient is readmitted to the same facility within six months from the date of the decision reached during the review process conducted upon the previous admission, Subsections (b) through (e) need not be followed if the patient's attending physician and a consulting physician who is a member of the ethics or medical committee of the facility document on the patient's readmission that the patient's condition either has not improved or has deteriorated since the review process was conducted.
(f) Life-sustaining treatment under this section may not be entered in the patient's medical record as medically unnecessary treatment until the time period provided under Subsection (e) has expired.
(g) At the request of the patient or the person responsible for the health care decisions of the patient, the appropriate district or county court shall extend the time period provided under Subsection (e) only if the court finds, by a preponderance of the evidence, that there is a reasonable expectation that a physician or health care facility that will honor the patient's directive will be found if the time extension is granted.
(h) This section may not be construed to impose an obligation on a facility or a home and community support services agency licensed under Chapter 142 or similar organization that is beyond the scope of the services or resources of the facility or agency. This section does not apply to hospice services provided by a home and community support services agency licensed under Chapter 142.
Well Goober cited the legal aspect of this case..
Neither you nor I know if this baby is going to be healthy or not .. Let the child be born and well will know then.. Could be the next President to the USA, or grows up to cure cancer..
Yes there is a chance the child will have medical problems, does that make him/her any less of a person.. that would be nice a society that executes citizen who have health issues .. well that should solve the unemployment problem in the USA.??
https://www.npeu.ox.ac.uk/downloads/files/tobyregister/TOBY-Register-Cooling-PIL-2010.pdf
Neither you nor I know if this baby is going to be healthy or not .. Let the child be born and well will know then.. Could be the next President to the USA, or grows up to cure cancer..
Yes there is a chance the child will have medical problems, does that make him/her any less of a person.. that would be nice a society that executes citizen who have health issues .. well that should solve the unemployment problem in the USA.??
https://www.npeu.ox.ac.uk/downloads/files/tobyregister/TOBY-Register-Cooling-PIL-2010.pdf
Texas judge declares pregnant woman dead, orders hospital remove life support
Jana J. Pruet, REUTERS
First posted: Friday, January 24, 2014 05:39 PM EST | Updated: Friday, January 24, 2014 07:27 PM EST
FORT WORTH, Texas - A Texas judge on Friday ordered a Fort Worth hospital to remove a brain-dead pregnant woman from life support, after her husband argued the fetus she has been forced to carry under state law is withering in her lifeless body.
The judge ruled that Marlise Munoz, now about 22 weeks pregnant, is dead. She has been on life support in a hospital since Nov. 26 after suffering what her husband, Erick, believes was a pulmonary embolism.
District Judge R.H. Wallace gave John Peter Smith Hospital until Monday at 5 p.m. U.S. Central Time (2300 GMT) to remove the ventilator.
"The defendants are ordered to pronounce Mrs. Munoz dead and remove the ventilator and all other 'life-sustaining' treatment from the body of Marlise Munoz," the judgment read.
Under Texas law, a person may not withdraw or withhold life-sustaining treatment from a pregnant patient, even if there is a "do not resuscitate" request from the patient or if the family of the patient seeks to end life support.
Lawyers for Munoz had argued that she was clinically dead, could no longer be considered a pregnant women and that the fetus she was carrying was severely damaged.
Erick Munoz broke down in tears as the judge read the ruling. His lawyer Heather King and Marlise Munoz's mother and father were also crying and hugged Erick for several minutes after court has adjourned.
They did not speak to media, who packed the courtroom.
Lawyers for the hospital had argued they were complying with a law that was intended to protect unborn children.
"JPS Health Network appreciates the potential impact of the consequences of the order on all parties involved and will be consulting with the Tarrant County District Attorney's office," the hospital said in a statement.
The couple are both paramedics and have made it known to each other that they do not wish to be kept on life support, Erick said.
Attorneys for Munoz have said the parents of Marlise agreed with her husband's request to turn off the ventilator.
The lawyers also provided medical records they said show that the fetus suffered from oxygen deprivation and appears to have deformed lower extremities.
Erick found his wife unconscious on the kitchen floor in late November when she was 14 weeks pregnant and rushed her to a hospital.
In July, Texas Governor Rick Perry signed into law tough new restrictions on abortion, including a ban after 20 weeks of pregnancy, marking one of the biggest victories in a decade for opponents of the procedure in the United States.
Outside the courthouse, a handful of supporters carried signs that read "Let Marlise Munoz Rest in Peace".
"There's nothing happy about today. It's a sad situation all the way around," attorney King said.
"We are relieved that Erick Munoz can move forward with the process of burying his wife," King said.
Texas judge declares pregnant woman dead, orders hospital remove life support | World | News | Toronto Sun
Jana J. Pruet, REUTERS
First posted: Friday, January 24, 2014 05:39 PM EST | Updated: Friday, January 24, 2014 07:27 PM EST
FORT WORTH, Texas - A Texas judge on Friday ordered a Fort Worth hospital to remove a brain-dead pregnant woman from life support, after her husband argued the fetus she has been forced to carry under state law is withering in her lifeless body.
The judge ruled that Marlise Munoz, now about 22 weeks pregnant, is dead. She has been on life support in a hospital since Nov. 26 after suffering what her husband, Erick, believes was a pulmonary embolism.
District Judge R.H. Wallace gave John Peter Smith Hospital until Monday at 5 p.m. U.S. Central Time (2300 GMT) to remove the ventilator.
"The defendants are ordered to pronounce Mrs. Munoz dead and remove the ventilator and all other 'life-sustaining' treatment from the body of Marlise Munoz," the judgment read.
Under Texas law, a person may not withdraw or withhold life-sustaining treatment from a pregnant patient, even if there is a "do not resuscitate" request from the patient or if the family of the patient seeks to end life support.
Lawyers for Munoz had argued that she was clinically dead, could no longer be considered a pregnant women and that the fetus she was carrying was severely damaged.
Erick Munoz broke down in tears as the judge read the ruling. His lawyer Heather King and Marlise Munoz's mother and father were also crying and hugged Erick for several minutes after court has adjourned.
They did not speak to media, who packed the courtroom.
Lawyers for the hospital had argued they were complying with a law that was intended to protect unborn children.
"JPS Health Network appreciates the potential impact of the consequences of the order on all parties involved and will be consulting with the Tarrant County District Attorney's office," the hospital said in a statement.
The couple are both paramedics and have made it known to each other that they do not wish to be kept on life support, Erick said.
Attorneys for Munoz have said the parents of Marlise agreed with her husband's request to turn off the ventilator.
The lawyers also provided medical records they said show that the fetus suffered from oxygen deprivation and appears to have deformed lower extremities.
Erick found his wife unconscious on the kitchen floor in late November when she was 14 weeks pregnant and rushed her to a hospital.
In July, Texas Governor Rick Perry signed into law tough new restrictions on abortion, including a ban after 20 weeks of pregnancy, marking one of the biggest victories in a decade for opponents of the procedure in the United States.
Outside the courthouse, a handful of supporters carried signs that read "Let Marlise Munoz Rest in Peace".
"There's nothing happy about today. It's a sad situation all the way around," attorney King said.
"We are relieved that Erick Munoz can move forward with the process of burying his wife," King said.
Texas judge declares pregnant woman dead, orders hospital remove life support | World | News | Toronto Sun
Brain-dead pregnant woman removed from life support
Jana J. Pruet, Reuters
First posted: Sunday, January 26, 2014 01:39 PM EST | Updated: Monday, January 27, 2014 12:06 AM EST
FORT WORTH, Texas – A Texas hospital removed a brain-dead pregnant woman from life support on Sunday in line with a court order, ending a battle with her husband who argued the fetus she had been forced to carry was withering inside her lifeless body, the family's lawyers said.
Marlise Munoz, who was about 22 weeks pregnant, had been on life support in the hospital in Fort Worth since Nov. 26 after suffering what her husband believes was a pulmonary embolism. Her husband, Erick Munoz, had sought to remove her from life support.
But Texas law that says life-sustaining treatment cannot be withdrawn or withheld from a pregnant patient, despite a "do not resuscitate" request from the patient or a request from the family, and the hospital thus declined to remove life support.
A judge on Friday sided with the family in finding that Marlise Munoz was already legally dead and ordering the John Peter Smith Hospital to remove her ventilator, setting a Monday deadline.
Heather King, a lawyer for the Munoz family, said in a statement on Sunday that life support had been removed and Marlise Munoz's body released to her husband, who had found her unconscious on the kitchen floor when she was 14 weeks pregnant and rushed her to the hospital.
"May Marlise Munoz finally rest in peace, and her family find the strength to complete what has been an unbearably long and arduous journey," the lawyer's statement said, adding the family would now proceed "with the somber task of laying Marlise Munoz's body to rest, and grieving over the great loss that has been suffered."
In seeking to have Munoz disconnected from life support, lawyers for the family had argued that she was clinically dead, could no longer be considered a pregnant women and that the fetus she was carrying was severely damaged.
The couple are both paramedics and have made it known to each other that they do not wish to be kept on life support, Erick Munoz said. Attorneys for Munoz have said the parents of Marlise agreed with her husband's request to turn off the ventilator.
The lawyers also provided medical records they said show that the fetus suffered from oxygen deprivation and appears to have deformed lower extremities.
JPS Health Network, which runs the hospital, said it could not confirm that it had withdrawn life support, citing privacy policy. The hospital had said earlier that it would remove "life-sustaining" treatment, but did not say when it would act.
Lawyers for the hospital had argued they were complying with a law that was intended to protect unborn children.
"The past eight weeks have been difficult for the Munoz family, the caregivers and the entire Tarrant County community, which found itself involved in a sad situation," the hospital's statement said.
In July, Texas Governor Rick Perry signed into law tough new restrictions on abortion, including a ban after 20 weeks of pregnancy, marking one of the biggest victories in a decade for opponents of the procedure in the United States.
Brain-dead pregnant woman removed from life support | World | News | Toronto Sun
Jana J. Pruet, Reuters
First posted: Sunday, January 26, 2014 01:39 PM EST | Updated: Monday, January 27, 2014 12:06 AM EST
FORT WORTH, Texas – A Texas hospital removed a brain-dead pregnant woman from life support on Sunday in line with a court order, ending a battle with her husband who argued the fetus she had been forced to carry was withering inside her lifeless body, the family's lawyers said.
Marlise Munoz, who was about 22 weeks pregnant, had been on life support in the hospital in Fort Worth since Nov. 26 after suffering what her husband believes was a pulmonary embolism. Her husband, Erick Munoz, had sought to remove her from life support.
But Texas law that says life-sustaining treatment cannot be withdrawn or withheld from a pregnant patient, despite a "do not resuscitate" request from the patient or a request from the family, and the hospital thus declined to remove life support.
A judge on Friday sided with the family in finding that Marlise Munoz was already legally dead and ordering the John Peter Smith Hospital to remove her ventilator, setting a Monday deadline.
Heather King, a lawyer for the Munoz family, said in a statement on Sunday that life support had been removed and Marlise Munoz's body released to her husband, who had found her unconscious on the kitchen floor when she was 14 weeks pregnant and rushed her to the hospital.
"May Marlise Munoz finally rest in peace, and her family find the strength to complete what has been an unbearably long and arduous journey," the lawyer's statement said, adding the family would now proceed "with the somber task of laying Marlise Munoz's body to rest, and grieving over the great loss that has been suffered."
In seeking to have Munoz disconnected from life support, lawyers for the family had argued that she was clinically dead, could no longer be considered a pregnant women and that the fetus she was carrying was severely damaged.
The couple are both paramedics and have made it known to each other that they do not wish to be kept on life support, Erick Munoz said. Attorneys for Munoz have said the parents of Marlise agreed with her husband's request to turn off the ventilator.
The lawyers also provided medical records they said show that the fetus suffered from oxygen deprivation and appears to have deformed lower extremities.
JPS Health Network, which runs the hospital, said it could not confirm that it had withdrawn life support, citing privacy policy. The hospital had said earlier that it would remove "life-sustaining" treatment, but did not say when it would act.
Lawyers for the hospital had argued they were complying with a law that was intended to protect unborn children.
"The past eight weeks have been difficult for the Munoz family, the caregivers and the entire Tarrant County community, which found itself involved in a sad situation," the hospital's statement said.
In July, Texas Governor Rick Perry signed into law tough new restrictions on abortion, including a ban after 20 weeks of pregnancy, marking one of the biggest victories in a decade for opponents of the procedure in the United States.
Brain-dead pregnant woman removed from life support | World | News | Toronto Sun
Because she's PREGNANT. Her wanting to be taken off life support whilst a living human being is inside her is of the highest order of selfishness. She seems to think more of herself than of her baby. Sadly, in this day and age, too many women are of the opinion that they can just murder their unborn children at will just to suit themselves.
Ahem- She is brain dead- Kinda hard for her to think, much like yourself.
No disrespect intended to the poor lady who lost her life.
Have you had an I.Q. test lately? You should probably have one annually, in case you need life support!
She was not only brain dead. She was everything dead. The baby was already compromised. Taking her off life support was a no-brainer.
The report says "clinically dead", not just sure how dead that is. Common sense tells me if she were completely dead, it would just say "dead", never mind the clinically!
Finally, the woman was dead when her husband found her, that meant the fetus too was deprived of the necessities for its life as well. Now the family can mourn the loss and know that her wishes were carried out.Fort Worth, Texas (CNN) -- A wrenching court fight -- about who is alive, who is dead and how the presence of a fetus changes the equation -- came to an end Sunday when a brain-dead, pregnant Texas woman was taken off a ventilator.
The devices that had kept Marlise Munoz's heart and lungs working for two months were switched off about 11:30 a.m. Sunday, her family's attorneys announced.
"May Marlise Munoz finally rest in peace, and her family find the strength to complete what has been an unbearably long and arduous journey," the lawyers, Heather King and Jessica Janicek, said in a written statement.
Munoz was 14 weeks pregnant with the couple's second child when her husband found her unconscious on their kitchen floor November 26. Though doctors had pronounced her brain dead and her family had said she did not want to have machines keep her body alive, officials at John Peter Smith Hospital in Fort Worth had said state law required them to maintain life-sustaining treatment for a pregnant patient.
Attorney on judge's order: We are relieved
Attorneys: Fetus was 'distinctly abnormal'
Sunday's announcement came two days after a judge in Fort Worth ordered the hospital to remove any artificial means of life support from Munoz by 5 p.m. Monday. Earlier Sunday, the hospital said it intended to comply with that order.
"The past eight weeks have been difficult for the Munoz family, the caregivers and the entire Tarrant County community, which found itself involved in a sad situation," a hospital statement said. "JPS Health Network has followed what we believed were the demands of a state statute."
The hospital acknowledged Friday that Munoz, 33, had been brain dead since November 28 and that the fetus she carried was not viable. Her husband, Erick Munoz, had argued that sustaining her body artificially amounted to "the cruel and obscene mutilation of a deceased body" against her wishes and those of her family.
Marlise Munoz didn't leave any written directives regarding end-of-life care, but her husband and other family members said she had told them she didn't want machines to keep her blood pumping.
In an affidavit filed Thursday in court, Erick Munoz said little to him was recognizable about his wife. Her bones crack when her stiff limbs move. Her usual scent has been replaced by the "smell of death." And her once lively eyes have become "soulless."
The hospital's position drew support from demonstrators outside the hospital, some of whom held signs last week that read "God stands for life" and "Praying for Baby Munoz and family." But others countered with placards bearing messages like "Let Marlise rest in peace" and "Respect Marlise's wishes."
Brain dead is dead, it is not a vegetative state nor a coma, it is just dead. As I said she was dead when her husband found her.
And yet I've known a few who were still wandering around and babbling after they were "brain dead".
That is so sad and morally inverted.. all anyone seemed to care about was their own emotional welfare and 'closure' (one of the great New Age buzz words). Even the baby's father wouldn't fight for him/her.. the child just got lost in an attitude of burying all this and being done with it.
The second victim of this beside the child, was the mother, who lost hope of having life transmitted through her which would be the most authentic of legacies. Some 'closure'.. a grave for 2 and nothing more.
The second victim of this beside the child, was the mother, who lost hope of having life transmitted through her which would be the most authentic of legacies. Some 'closure'.. a grave for 2 and nothing more.