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

[ScarlettScarpetta]

Even if it were viable, it would die if life support is removed from the mother.
Because it's stuck inside. Think if you leave an infant inside the locked box. Is it going to live? Of course not.
But it's not considered viable yet.

No that is not true. there are babies that are born at 22 weeks and survive and thrive. If they turn everything off without delivering the baby, They are basically killing the child deliberately.

 

[jjenny]

No that is not true. there are babies that are born at 22 weeks and survive and thrive. If they turn everything off without delivering the baby, They are basically killing the child deliberately.

But legally 24 weeks is considered to be viable. Abortions can be done until 24 weeks in most states.

 

[BeginnersLuck]

Oh gosh. They are consulting with the DA? They need to just stop. Leave this poor family in peace. Gosh. Enough already. I'm so confused by their insistence here.

It must be some kind of financial issue, right? I mean in Jahi's case, the hospital was likely afraid that Medicare would not compensate for care of a dead person's body. So they have a financial incentive to stop life support. But here, what's up? And i researched the hospital. It's headed by a guy who has fostered contraception programs and has ties to people from both sides of the aisle. But this has to be about financial contributions or something, right?

Jahi's case wouldn't just be financial. Hospitals are not long term care facilities or facilities that care for the deceased. The hospital had to follow the laws as well.

The other cases where parents took children that were brain dead home had to go through the court systems. At least the ones that I researched.

 

[Softail]

The hospital agreed that the fetus is not viable!



A breakthrough came when the hospital and the Munoz family agreed on crucial facts listed in a court document: that Marlise Munoz has "met the clinical criteria for brain death since November 28" and that "the fetus gestating inside Mrs. Munoz is not viable."

http://www.cnn.com/2014/01/24/health/pregnant-brain-dead-woman-texas/

After admitting the fetus is not viable, I'll be shocked if they appeal.

 

[BeginnersLuck]

Texas abortion laws

http://statelaws.findlaw.com/texas-law/texas-abortion-laws.html

 

[jjenny]

The hospital agreed that the fetus is not viable!



A breakthrough came when the hospital and the Munoz family agreed on crucial facts listed in a court document: that Marlise Munoz has "met the clinical criteria for brain death since November 28" and that "the fetus gestating inside Mrs. Munoz is not viable."

http://www.cnn.com/2014/01/24/health/pregnant-brain-dead-woman-texas/

After admitting the fetus is not viable, I'll be shocked if they appeal.

Viable means able to survive outside the womb. It's at 22 weeks. 24 weeks is considered age of viability.
That's all it means.

 

[spamelope]

So relieved for this family. Now they can grieve. I just hope they change the law so this can never happen to another family somewhere down the line.

 

[Elainera]

The hospital agreed that the fetus is not viable!



A breakthrough came when the hospital and the Munoz family agreed on crucial facts listed in a court document: that Marlise Munoz has "met the clinical criteria for brain death since November 28" and that "the fetus gestating inside Mrs. Munoz is not viable."

http://www.cnn.com/2014/01/24/health/pregnant-brain-dead-woman-texas/

After admitting the fetus is not viable, I'll be shocked if they appeal.

I understood it to mean it's not viable now (but might be in a couple of weeks).

 

[jjenny]

I understood it to mean it's not viable now (but might be in a couple of weeks).

Same here. It has 2 more weeks to go before being considered viable.
Even if it were perfectly normally developed, it still wouldn't be considered viable right now.

 

[BeginnersLuck]

So relieved for this family. Now they can grieve. I just hope they change the law so this can never happen to another family somewhere down the line.

The judge said that they law did not apply because the mother is deceased. The hospital didn't follow the law correctly.

 

[BeginnersLuck]

I understood it to mean it's not viable now (but might be in a couple of weeks).

The fetus has multiple defects. Even if they waited and did a C-section in 2 weeks the baby most likely wouldn't survive. If it did, it would suffer horribly while they did who knows what to it and then it would die.

 

[jjenny]

The fetus has multiple defects. Even if they waited and did a C-section in 2 weeks the baby most likely wouldn't survive. If it did, it would suffer horribly while they did who knows what to it and then it would die.

While it might be so, viable means able to survive outside the uterus.
24 weeks is the age fetus is considered viable.
Even if this fetus was developing normally, it still would not be considered viable at 22 weeks.

 

[mck16]

The hospital agreed that the fetus is not viable!



A breakthrough came when the hospital and the Munoz family agreed on crucial facts listed in a court document: that Marlise Munoz has "met the clinical criteria for brain death since November 28" and that "the fetus gestating inside Mrs. Munoz is not viable."

http://www.cnn.com/2014/01/24/health/pregnant-brain-dead-woman-texas/

After admitting the fetus is not viable, I'll be shocked if they appeal.

Is there a report with the results of the tests the hospital did that the baby is not 'viable' is being based on? I have looked but can't find one. Only the comments of their attorney. tia

 

[jjenny]

Is there a report with the results of the tests the hospital did that the baby is not 'viable' is being based on? I have looked but can't find one. Only the comments of their attorney. tia

Again, this doesn't have anything to do with tests. Legal age of viability is 24 weeks.
Even normally developing fetus would not be considered viable at 22 weeks.

"Abortion rights advocates hailed the Supreme Court's move as a signal that justices aren't inclined to take on the 40-year precedent of Roe v. Wade, which established viability at around 24 weeks (the point when a fetus is considered "viable" outside the mother's womb) and as the cutoff for most legal abortions."

http://www.wbur.org/npr/262178284/high-court-wont-hear-fetal-pain-abortion-case-as-debate-rages

 

[BeginnersLuck]

While it might be so, viable means able to survive outside the uterus.
24 weeks is the age fetus is considered viable.
Even if this fetus was developing normally, it still would not be considered viable at 22 weeks.

So the fetus could be non viable now because of gestational age and also be non viable because of the condition now matter how long they waited.

 

[spamelope]

Here's a definition from Miriam Webster. I believe in this case, the second definition is more appropriate since they agree the fetus is deformed.
vi·a·ble adjective \ˈvī-ə-bəl\
: capable of being done or used

: capable of succeeding

: capable of living or of developing into a living thing

Full Definition of VIABLE

1
: capable of living; especially : having attained such form and development as to be normally capable of surviving outside the mother's womb <a viable fetus>
2
: capable of growing or developing <viable seeds> <viable eggs>
3
a : capable of working, functioning, or developing adequately <viable alternatives>
b : capable of existence and development as an independent unit <the colony is now a viable state>
c (1) : having a reasonable chance of succeeding <a viable candidate> (2) : financially sustainable <a viable enterprise>
&#8212; vi·a·bil·i·ty noun

 

[mck16]

Again, this doesn't have anything to do with tests. Legal age of viability is 24 weeks.
Even normally developing fetus would not be considered viable at 22 weeks.

"Abortion rights advocates hailed the Supreme Court's move as a signal that justices aren't inclined to take on the 40-year precedent of Roe v. Wade, which established viability at around 24 weeks (the point when a fetus is considered "viable" outside the mother's womb) and as the cutoff for most legal abortions."

http://www.wbur.org/npr/262178284/high-court-wont-hear-fetal-pain-abortion-case-as-debate-rages

There are descriptions that this baby is 'horribly deformed'. Legs are deformed and it has hydrocephalus. I want to see a report that says that that's all. Question: Is there one?? tia

 

[spamelope]

The judge said that they law did not apply because the mother is deceased. The hospital didn't follow the law correctly.

Right, and I think the law needs to be changed so that this never happens again.

 

[jjenny]

Right, and I think the law needs to be changed so that this never happens again.

Since judge ruled law doesn't apply to the brain dead, nothing needs to be changed for this to not happen again. It shouldn't have been used to keep Mrs. Munoz on life support to begin with.

 

[faw720]

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

Yes we do. There are certainly some real gems. I am a Texan & I have had made some very harsh statements about Texas in this particular case.

But, we happen to have a large group of people who think they are all knowing & should dictate the lives of everyone else. That is my big gripe!! Most people are perfectly capable of running their own lives & don't need someone else telling them how to conduct themselves. I don't need anyone telling me I absolutely must be pregnant, especially if I am dead, how many children I must have, what my religious or political beliefs must be, what kind of auto I must drive, what kind of house I must live in or anything else of a personal nature. If I make a decision that is against the laws of God, I will pay the ultimate price. Please, just please, let me & everyone else live our lives as we see fit.