Life Support in Hospitals vs.

Texas State Laws: Brain-Dead Pregnancies 1

Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies

Mackenzee Starbuck

English 203

New Mexico State University

Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies 2


Abstract
The following study just recently ascended at the beginning of this year due to complications in a
hospital room. A Texas brain-dead woman who at the time was carrying a small growing fetus
was taken off life support due to family wishes, but the controversy doesnt stop there. The
hospital policies and the Texas state laws collided when this decision was made. Going even
further the touchy subject of abortion has evolved over the course of this case. The overall goal
of this investigation is to find a reasonable solution that will abide by both the hospital
regulations and state laws, as well as finding a justifiable position regarding aborting a viable
fetus under asserted circumstances.



Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies 3


Introduction
The first describing words that perhaps come to cognizance to the average American
when they hear the word baby might include, bundle of joy, miracle, and blessing. If the
average American were to hear the following statement, brain-dead pregnant woman on life
support, a few common words of choice may be heartbreaking, scary, and uncommon. These
two similar but very different declarations have a lot in common, but the reactions to each of
them are very unalike. After all, a fetus is a human being that deserves life no matter what the
circumstances, but in a recent case in Texas it isnt that simple. On January 24, 2014, a hospital
in Texas removed a pregnant, brain-dead woman off life support, which has caused a lot of
catastrophe. Many questions and concerns have arisen from this complicating situation, and even
after months of searching no one seems to have a sensible answer or solution. According to a
statement released by the hospital it would remove life support from Munoz following a
judge's order that it was misapplying state law to disregard her family's wishes (FoxNews,
2014). The hospital principles and the Texas state laws may argue two very different
interpretations to the decision that was made, and more prominently violation of these rules have
introduced the matter of abortion. Research needs to promptly instigate due to this case, a
solution needs to be proclaimed for future incidents to help protect the laws of the legislature and
hospital, and most importantly the protection of the innocent life of an unborn fetus.
The Problem
This recent case brought up many different conflicts on a much larger spectrum,
including interests and personal choices of the fetus, state and federal regulations, hospital
policies, and the right of life of a mother and child. The first battle was the conflict between what
Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies 4


the hospital required and what the families wishes were. John Peter Smith Hospital in Fort
Worth said, the Texas State Law requires the process of upholding life-sustaining treatment for
an expectant patient. The hospital precisely followed the mandatory policies asked of them;
however, the family of this woman did not like the decisions that were being made for their
loved one. This resulted in them hiring a lawyer to defend the family wishes. One of the many
Texas state laws that obtain to this incident is the, Advance Directives Act. This law states
that a person may not withdraw or withhold life-sustaining treatment under this subchapter from
a pregnant patient (Martin, 2014). The family in this current case did not sign an advance
directive stating what the patients wishes medically would be, which would easily result in
Texas laws overriding the wishes of the family. J.R. Labbe, Vice President of Communications
and Community Affairs for JPS Health Network stated, "At all times, we will follow the law as it
is applicable to health care in the state of Texas. And state law here says you cannot withhold or
withdraw life sustaining treatment for a pregnant patient" (Landau, 2014). Numerous legal
professors and outsiders question the mortality of keeping a brain dead woman on life support
against the family's wishes; contrary, others believe that protecting what is strictly a sustainable
fetus is the humanitarian sequence of action that should have taken place.
Some consider the recent incident to be a form of abortion by killing an innocent baby,
while others believe it was the right thing to do to ease the pain of the mother and child. With so
many upset families, judges, and even by-standers that have watched these heart wrenching
incidents take place its time to take a stand for what is right. A proper solution needs to be
made that will make everyone content while solemnly coordinating with hospital regulations and
state laws. This case has garnered attention on both sides of the abortion debate, with anti-
abortion groups arguing Munoz's fetus deserved a chance to be born. Others argued it was unfair
Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies 5


for both the mother and fetus to further their struggle to sustain living capabilities. Roughly a
couple of the doctors stated that the fetus would have a high chance of being born with
abnormalities if even being born healthy at all. Reversely speaking, Texas Medical Association
spokesperson Robert Tenery, MD said, "The fetus was deemed viable at the time of admission"
(Wickline, 2014). There was no aptitude reasonable enough to determine whether or not the fetus
would have future brain damage at this stage in its life, but feasibility was successfully
determined by checking the fetuss heartbeat, which was more than strong enough to prevent
decisions to remove life support. As stated above this particular incident stirred up many debates
as to whether or not the Munoz case should be considered an abortion. With many medical
professors and doctors assisting the Munoz family it was concluded that the fetus living in the
mothers womb was very viable and capable of living, not to say it wouldnt have health issues
following birth. With the proposed evidence it can be concluded that this incident was a form of
abortion, resulting in the killing of an innocent fetus that was capable of surviving. The issue of
abortion contributes to the complications of this case for many reasons. This incident wouldnt
have gone viral if the woman didnt have a growing fetus inside her. Thousands of women are
taken off life support on a day to day basis due to a series of unfortunate events, but never make
headlines as big as the Munoz case. Going even further, the fact that doctors determined in many
different scenarios that the baby was capable of living has many people wondering if the family
was proclaiming that the mother wouldnt have wanted care to be given to the baby after her
passing. Lastly, some states have abortion laws intact stating that abortion is illegal, while other
states proclaim abortion is legal. Texas Abortion Laws have recently been facing legal
challenges due to the Munoz case. They are currently trying to pass a bill that bans abortion after
twenty weeks of pregnancy.
Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies 6


Solution
Only a few weeks after the pregnant Texas woman was taken off life-support, a Canadian
woman who was also pregnant, on life-support, and pronounced brain dead gave birth to her son
before being taken off her ventilator. This Canadian case proves that even though this particular
incident didnt occur in the United States, it is possible for the fetus to be born from a brain-dead
mother. The case drew some comparisons to the case of Marlise Muoz in Texas, another
pregnant woman who was declared brain-dead and hooked up to machines that kept her heart
and lungs working. But there were two key differences (Newton, 2014). The two expecting
mothers had approximately an 8 week difference between the developments of the fetuss. The
Texas family didnt want to keep the expectant mother on life support until the baby was born to
relieve the mother as well as baby from further pain or damage. On the other hand, the Canadian
womans family wanted to keep her on life support until the baby was born. Though these two
similar cases have differences it goes to show that Texas State laws and hospitals need to come
together and make regulations that will go hand and hand so in heart wrenching situations the
need for a lawyer and going against policies will be out of the question.
Texas laws and regulations should also be accepting of the family wishes that are
requested. Going even further in producing an effective solution to this case it is important to
look at the possibility if a fetus can grow at a normal rate feeding off the brain-dead mother.
Director of maternal fetal medicine at Duke University, R. Phillips Heine said, As far as fetal
development, as long as we can control delivery of blood to the fetus and make sure the mother
is nutrient-enriched, and as long as the mother's got enough glucose and oxygen, she can serve as
a vessel . . . If they can get to a reasonable gestation, there's potential for a very good outcome
Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies 7


(for the fetus), so it would be a reasonable option (Eldred, 2014). Research that has been done
has proven that it is very possible for brain-dead women to give birth given if the required
resources are available. If a healthy baby can be born from a mothers body in this state, there is
a high chance that the fetus will be born with abnormalities. Some of the most common
abnormalities include, hydrocephalus, common heart problems, lack of nutrition and oxygen, and
lower body parts not forming correctly. If the doctor can properly examine the mother and fetus,
and determine if it can survive without major defects, it should have the chance to be born if it
properly follows the family wishes and hospital regulations. However, if they can interpret that
the fetus has a low chance of surviving and has noticeable birth defects that cant be fixed, they
should remove the mother off of life support for the safety of both the mother and fetus.
This case has many limitations and complications to take into consideration when
developing a proper solution. First and for most, Texas state laws and hospital regulations are
very strict and set in stone. If either of these two sets of laws is broken they can face very serious
consequences. In order to revise and modify state laws and hospital policies to better fit
situations such as the Munoz case, it can take up to a year or more before changes can come into
place, which is if they even get suitably passed. Another scary part about altering regulations is if
they will end up having the desired outcome or not. This is true with any adjustments that are
made; its a risk that has to be taken in order to make changes to better situations. Next, is
finding a fine line between abortion and the safety and shape of the unborn fetus and mother,
also aligning with the familys wishes. There will never be an answer for abortion that everyone
will agree on; however, new laws need to be enforced in order to avoid situations like the Munoz
case and the passing of a viable fetus that should have had a chance of living. There are many
factors going into this case and its definitely not something that can be fixed overnight. Nor can
Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies 8


I, myself construct and enforce all of the proposed solutions in this research that has been
produced. In order for this problem-solution case to be successful it will take many people
including legislature representatives, head hospital faculty, and outsiders in support of the
changes. The contribution of my research and ideas can be taken up by others that are in
authority to help further develop and improve the proposed solutions to make them more realistic
and prosperous in the future.
Conclusion
In conclusion, with Texas laws and hospital policies coming together to have more
sensible and similar policies it will result in reducing conflict in a patients room when situations
arise. Also, the laws and regulations need to consider the wishes of the family, after all us as
Americans have the freedom of speech. Lastly, the polices need to take in consideration whether
or not the fetus will be able to survive outside the womb without abnormalities that will further
harm the child in the future, and there also needs to be consideration that if the fetus is viable it
deserves a chance to survive just as all of us had the chance.






Life Support in Hospitals vs. Texas State Laws: Brain-Dead Pregnancies 9


References
Eldred, S. (2014, January 10). Can brain-dead woman give birth to healthy baby?. Retrieved
from http://news.discovery.com/human/life/can-brain-dead-woman-give-birth-to-healthy-
baby-140110.htm
Fox News. (2014, January 26). Pregnant, brain-dead woman at center of legal fight between
hospital and family removed from life support. Retrieved from
http://www.foxnews.com/health/2014/01/26/texas-hospital-says-it-will-follow-judge-
order-to-end-care-for-brain-dead/
Landau, E. (2013, December 24). Mom of pregnant woman on life support: Change the law.
Retrieved from http://www.cnn.com/2013/12/24/health/pregnant-life-support-texas/
Martin, B. (2014, January 10). Texas laws unclear in case of pregnant fort worth woman kept on
life support. Retrieved from http://www.dallasnews.com/news/metro/20140110-texas-
laws-unclear-in-case-of-pregnant-fort-worth-woman-kept-on-life-support.ece
Newton, P. (2014, February 12). Brain-dead canadian woman dies after son's birth. Retrieved
from http://www.cnn.com/2014/02/11/health/canada-brain-dead-pregnant-woman/
Wickline, S. (2014, January 10). A brain-dead mother, a million-dollar baby. Retrieved from
http://www.medpagetoday.com/OBGYN/Pregnancy/43736