TX - pregnant wife unresponsive on life support, husband hopes to fulfill her wishes

[alwaysonmymind]

I was surprised as well. And the hospital was represented by the district attorney's office. Maybe it has to do with the political affiliations of hospital donors? Or simply personal belief of the hospital's board?

John Peter Smith is the county hospital for Tarrant County.

HTH


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[faw720]

I am so glad they got a no nonsense judge who was not afraid to make a sensible, compassionate decision for everyone concerned.

I had Judge Wallace pegged as nothing more than a political hack. Today he proved me wrong. I'm glad I was wrong!!!! Based on his decision today, I now believe he is a good & decent man.

 

[gitana1]

Must say I am totally shocked!!!!!!!! But I am thankful that Marlise & her baby will finally be able to rest in peace. And hopefully Eric, Mateo, & the rest of the family can start the long long road to recovery. This has been a nightmare that no one should have to endure.

Upon reviewing the facts and the law, it looked pretty likely that the court would rule in favor of the family. After hearing the joint statement of facts in which the hospital acknowledged Ms. Munoz is brain dead (which is why I mentioned earlier that denials in a response do not mean all the facts being responded to are controverted), it seemed even more likely.

But the minute the judge stated this is not a constitutional issue, I was very certain. He didn't need to get into all that because the issue was a straightforward issue of whether or not a dead person is a patient and thus whether or not the law applies.

So glad. I am hopeful the hospital will not appeal and that even if they do, no injunction will be granted. Fingers crossed. I so agree with you. No family should be forced to endure what this family has. I hope Mr. Munoz and his family can focus now on grieving properly and raising his little boy.

 

[Karmady]

I am surprised they seem so insistent. Usually hospitals aren't so eager to spend a bunch of money keeping brain dead patients on life support. You see the cases like McMath where family wants them kept on but hospital wants to turn them off.
She is dead, so insurance migth refuse to cover anything.

I think both hospitals wanted to be clear that they weren't violating the law in each case -- in Jahi's case, the question was whether they could remove support from her and not be deemed to have violated the parents' assertion of their constitutional rights. In the Munoz case, the questions was whether the law required them to maintain life support for the fetus.

If you look at the two cases from the families' respective positions, that may seem inconsistent, but only because the families each want a different outcome. If you look at both cases from the hospitals' respective positions, though, they are consistent. all jmo

 

[Softail]

I think Texans can be proud today.

I'm proud everyday! :thumb:

 

[jjenny]

I think both hospitals wanted to be clear that they weren't violating the law in each case -- in Jahi's case, the question was whether they could remove support from her and not be deemed to have violated the parents' assertion of their constitutional rights. In the Munoz case, the questions was whether the law required them to maintain life support for the fetus.

If you look at the two cases from the families' respective positions, that may seem inconsistent, but only because the families each want a different outcome. If you look at both cases from the hospitals' respective positions, though, they are consistent. all jmo

In Jahi's case, hospital was going to turn off life support despite what her family wanted. The law says the hospital can do it. The only reason hospital didn't turn off life support is because Jahi's family got a lawyer and went to court. Law already says hospitals should be able to turn off life support from a brain dead person. Hospital didn't need any more clarification.

 

[BeginnersLuck]

To learn more about the very few documented cases, of pregnant brain dead patients that were kept on support in hopes that a healthy child could be produced read this document and the tables.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3002294/

Note the gestational age when brain death occurred and the length of time after brain death before delivery. There are so many different factors that go into play. There are a lot of medications and other things that can harm the baby. If the mothers body is not maintained just right there can be dire consequences. To maintain the mother body she would need constant care and that won't guarantee anything.

I would imagine all of these cases were because the family wanted it done.

 

[gitana1]

John Peter Smith is the county hospital for Tarrant County.

HTH


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I'm sorry, I'm kind of dense right now. Can you explain the ramifications of that?

 

[Linda7NJ]

Must be removed by 5pm on Monday.


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[Karmady]

In Jahi's case, hospital was going to turn off life support despite what her family wanted. The law says the hospital can do it. The only reason hospital didn't turn off life support is because Jahi's family got a lawyer and went to court. Law already says hospitals should be able to turn off life support from a brain dead person. Hospital didn't need any more clarification.

eta: ~bbm

They did once Jahi's family went to court on the TRO. jmo

 

[Softail]

Texas hospital ordered to remove life support from pregnant, brain-dead woman

The Tarrant County District Attorney's Office, which is representing the hospital in the lawsuit, said the hospital was expected to issue a statement later Friday in response to the ruling.

http://www.foxnews.com/health/2014/...-life-support-from-pregnant-brain-dead-woman/

 

[Linda7NJ]

I hope the hospital doesn't make this family wait until Monday


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[gitana1]

I'm proud everyday! :thumb:

Well, you should be. Texas has some incredible people!

 

[jjenny]

eta: ~bbm

They did once Jahi's family went to court on the TRO. jmo

What clarification did they need? The law is the law. It was very clear. Hospital can turn off support despite what family wishes.
I have no idea why judge allowed Jahi to be taken some place else.
Doesn't seem to be supported by the law at all.

 

[alwaysonmymind]

For you Gitana-
Re: JPS being represented by the DA's office.

It's publicly funded through tax dollars.
It's part of the Tarrant County Hospital District.

Parkland in Dallas, is also publicly funded through tax dollars.


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[Karmady]

What clarification did they need? The law is the law. It was very clear. Hospital can turn off support despite what family wishes.
I have no idea why judge allowed Jahi to be taken some place else.
Doesn't seem to be supported by the law at all.

The could have, but they wouldn't have under the circumstances. They wanted the Court to sanction it. I don't blame them. I'm sure they were well aware of where that was headed. all jmo

 

[Softail]

Judge: Marlise Muñoz to be removed from life support

The judge agreed, saying the state law does not apply to Marlise Muñoz "because she is deceased."

Judge Wallace said Mrs. Muñoz must be removed from life support by 5 p.m. Monday.

Fort Worth attorney Trent Loftin, who isn't connected to the case, said he believes Friday's hearing in front of District Judge R.H. Wallace likely won't be the end of the case.

"I think whatever the judge decides, the other side will appeal to the second court of appeals and eventually to the supreme court of the state of Texas," Loftin said.

http://www.wfaa.com/news/local/Judge-Marlise-Munoz-to-be-removed-from-life-support-241887051.html

I hope they do not appeal! Let her go!

 

[jjenny]

The could have, but they wouldn't have under the circumstances. They wanted the Court to sanction it. I don't blame them. I'm sure they were well aware of where that was headed. all jmo

They didn't want court to sunction it. They had a right to do it per law which was very clear. They were still prohibited by the court from doing it.

 

[Karmady]

They didn't want court to sunction it. They had a right to do it per law which was very clear. They were still prohibited by the court from doing it.

I'm pretty confident about why they did what they did. We can agree to disagree

 

[jjenny]

Judge: Marlise Muñoz to be removed from life support

The judge agreed, saying the state law does not apply to Marlise Muñoz "because she is deceased."

Judge Wallace said Mrs. Muñoz must be removed from life support by 5 p.m. Monday.

Fort Worth attorney Trent Loftin, who isn't connected to the case, said he believes Friday's hearing in front of District Judge R.H. Wallace likely won't be the end of the case.

"I think whatever the judge decides, the other side will appeal to the second court of appeals and eventually to the supreme court of the state of Texas," Loftin said.

http://www.wfaa.com/news/local/Judge-Marlise-Munoz-to-be-removed-from-life-support-241887051.html

I hope they do not appeal! Let her go!

If hospital appeals, it's a good bet the fetus will be born. It has about a week and half to go befofe considered viable. No way all the appeals will take less than one and a half weeks.