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Thread: Texas Hospital keeping pregnant dead lady on life support[W:315]

  1. #811
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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by nota bene View Post
    From the Fort Worth Star-Telegram:

    An attorney who helped rewrite the state law being used to keep a pregnant Haltom City woman on life support said lawmakers never discussed it being applied to a brain-dead person.

    Thomas Mayo, an associate law professor at Southern Methodist University who helped draft the latest version of the Advanced Directive section of the Texas Health and Safety Code in 1999, said that he does not recall discussing that aspect of the law.

    “It never would have occurred to us that anything in the statute applied to anyone who was dead,” Mayo said in an interview. “The statute was meant for making treatment decisions for patients with terminal or irreversible conditions.”

    Debate about the law will be at the heart of a court hearing today when the family of Marlise Muñoz asks state District Judge R.H. Wallace to force John Peter Smith Hospital to remove her from life support that would also end the life of the fetus.

    Texas law didn’t anticipate Muñoz case, drafters say | Fort Worth | News fro...
    I can see how it can be read both ways. I don't blame the hospital for acting as it has - it is vague language.

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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by scatt View Post
    She is on life-sustaining medical equipment.



    She is on life-sustaining medical equipment.
    They are not sustaining her life. She is a corpse.

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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by Ben K. View Post
    I can see how it can be read both ways. I don't blame the hospital for acting as it has - it is vague language.
    Not vague.
    A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient.

    Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Sec. 672.019 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.
    She is dead, her life cannot be sustained.

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    Re: Texas Hospital keeping pregnant dead lady on life support

    Good grief. 82 pages of "She's not dead!" and "Yes she is!"


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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by year2late View Post
    They are not sustaining her life.
    The success is not a requirement.

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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by year2late View Post
    Not vague.


    She is dead, her life cannot be sustained.
    It is not specified in the law to whom is being referred to in "life-sustaining treatment". There is still one individual who is clinically alive and that's who is being treated.

    I don't doubt it wasn't intended to be read in that way, but it can be read in that way.

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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by Ben K. View Post
    It is not specified in the law to whom is being referred to in "life-sustaining treatment". There is still one individual who is clinically alive and that's who is being treated.

    I don't doubt it wasn't intended to be read in that way, but it can be read in that way.
    It says "from the pregnant patient".

    The patient is dead. Dead.

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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by year2late View Post
    The patient is dead.
    And pregnant.

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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by year2late View Post
    It says "from the pregnant patient".

    The patient is dead. Dead.
    I know the patient is dead. The law simply states "life sustaining treatment", not whose life. The fetus is alive.

    Do you honestly believe this situation would exist if weren't for poorly worded legislation?

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    Re: Texas Hospital keeping pregnant dead lady on life support

    Quote Originally Posted by Ben K. View Post
    I know the patient is dead. The law simply states "life sustaining treatment", not whose life. The fetus is alive.

    Do you honestly believe this situation would exist if weren't for poorly worded legislation?
    Not poorly worded. It clearly states life sustaining equipment from the pregnant patient". The patient is dead.

    Poorly worded, no. People with an agenda reading into the law perhaps. Can you imagine our legislation having to add "oh, but the way, this does not pertain to a corpse"? We would never write that, because it is idiotic.

    The law clearly was intended for incapacated patients. Not corpses.

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