FORT WORTH — A Texas judge ruled on Friday that a Fort Worth hospital must remove the life support of a pregnant brain-dead woman, siding with the husband and family in a case that has drawn national attention.
The judge, R. H. Wallace Jr. of State District Court in Tarrant County, ordered John Peter Smith Hospital to pronounce the woman, Marlise Muñoz, dead, and remove her from life support by 5 p.m. on Monday.
Ms. Muñoz, 33, has been on life support since Nov. 26, when she collapsed on her kitchen floor from what appeared to be a blood clot in her lung. She was 14 weeks pregnant. Ms. Muñoz’s husband, Erick Muñoz, 26, as well as her mother and father, said they were told by the hospital that she was brain-dead. They said they had asked the doctors to remove her from respirators, as Ms. Muñoz had urged them to do if she was ever in that situation.
Doctors refused, citing a state law that prevents them from withdrawing or withholding “life-sustaining treatment” from a pregnant patient, and her husband filed suit asking a judge to order the doctors to remove her from the machines.
Mr. Muñoz’s lawyer argued Friday that keeping her on life support would set a dangerous precedent in future cases of pregnant brain-dead women.
More Texas absurd anti abortion laws at work here. Ms. Muñoz had clearly stated her wishes to family members. Yet Texas law simply treated her as a human incubator. The hospital where her body remains has refused to take her off the ventilator because she was 14 weeks pregnant when she was stricken with a fatal blood clot. The hospital cites Texas law rather than any convictions of the doctors treating Ms. Muñoz.
It’s difficult to find words to describe feelings for this situation. This is a family matter. It should involve no one else. I am reminded of the Hugh Finn case right here in Manassas, when Delegate Bob Marshall felt he had more right to intrude into the situation than acknowledge the wishes of Finn’s wife. Finn had been declared to be in a persistent vegetative state. His wife sought to take him off life support. Her efforts were blocked by the interference from politicians until a Virginia Supreme Court ruling allowed his feeding tube to be removed.
One anti-abortion point of view from the Finn case can be found here. They clearly know more about the case that Hugh Finn’s wife. [sarcasm] National Right to Life also has a version of the interference.
People concerned about the camel’s nose under the tent and who don’t want rank strangers making deeply personal life and death decisions for themselves and their loved ones need to guard against laws that allow politicans to make these types of decisions.
As the baby boomers age and constitute more of a voting block, I have no doubt that here will be a change to laws dealing with end of life decisions. I have very strong opinions about it being MY decision when I check out and under what circumstances. I believe we treat our pets more humanely than our loved ones at times. However, that time is not yet upon us. The difference in the Finn case and the Muñoz case, on the surface, is Mrs. Muñoz’s pregnancy (plus a few medical differences). However, unless we are willing to declare women’s body’s simply incubators, then Mrs. Muñoz must be allowed to move on. She is dead. She will not improve. Her family needs time to grieve.
Meanwhile, if it is ever me, please pull the plug. I see no charm in being allowed to ‘live’ in a vegetative state or once I am technically brain dead. Find out the wishes of your family members. Don’t do to them what my mother did to us: “My children will know what to do.”
The best way to deal with these situations, and save your family from additional stress at a very difficult time, is to plan ahead while you are still of sound mind and body. That means preparing legal documents such as living wills, medical directives, etc. You can specify the kind of treatment you want if incapacitated; anything from make every effort to keep you alive to no resuscitation or artificial life support. Once these documents are properly prepared let your loved ones know where they are. In the event you are incapacitated, your loved ones need only provide the documents to the medical professionals caring for you. That removes completely the burden from your family of being asked to make very difficult decisions on your behalf when you are unable to do so.
Preparing other estate documents is a good idea also. If you die intestate (without a will) the courts decide the distribution of your estate. This process could be difficult, time-consuming and costly for your heirs, and opens the door to fights and disagreements. Don’t forget to update the designated beneficiaries on insurance policies, retirement plans, etc. According to the law, the designated beneficiaries trump whatever is stated in your will.
You don’t need expensive attorneys who specialize in estate planning unless you have a large or complicated estate. There are many good general practice attorneys in our area who can prepare all of these documents for you at a very reasonable price. They can discuss this matter with you and help determine what you need to do.
By the way, I’m not an attorney or associated with any legal firm trying to drum up business. I just know something about this matter and want to pass along some information that might help some of the readers here create a much less difficult situation for their family members when they pass on or become incapacitated.
Thanks, NOt Bernie. Where have you been hanging out? We haven’t seen you in a long time.
legal documents would not have made a difference. It was because she was pregnant.
That’s a good point. The human incubator….I wonder if a strong will could have over-ridden that law?
@Elena
I’m sure you are correct that in this particular case the Texas law would have superseded any legal documents anyone had prepared. However, I was thinking in more general terms and about Moon’s comments regarding wanting her wishes to be honored. I’ve known of more than one situation in which the sort of planning I described did (or would have) spared the family more grief than they would have otherwise suffered. I hope the comment helps someone.
@Moon-howler
Moon, I’m really busy at work these days, and the family had a very active but great Christmas season. The kids aren’t little forever but I can jump into blogs any time. It’s a matter of priorities. I’ve been more of a blog reader than poster lately. I read this post, however, and felt that I had something useful to contribute.
Well, I am glad you stop by every so often. Also, thanks for the good advice. I need to update my will. Thanks for reminding me. It just seems like something always comes along and grabs that money for something else…like a tree falling or the drain needs snaking.
Heard that the hospital pulled the plug today and turned the body over to the family as the judge had ordered.
It is about time someone in Texas had common sense. I wonder who will have to pay for the medical care she was receiving – as the insurance company does not pay after one has been declared deceased. The hospital will probably come after the husband.
You bet they will.