Art Caplan has a new piece at NBC News online weighing in on the case of Marlise Munoz, the pregnant Texas woman who was declared brain dead by doctors several weeks ago and yet is being kept on “‘life support’ technology” against her family’s wishes. Based on their reading of a Texas law that bans the withdrawal of such machines in cases where the patient is pregnant — regardless of advance directives or the family’s wishes — the hospital claims it has no choice. Caplan argues:
The hospital, however, is very confused. If Marlise is dead, then the Texas law does not apply. Even the legislature of Texas cannot compel continued use of medical interventions on a dead body. “Life support” technology need not be continued if the patient is dead. Erick Munoz made that case in his lawsuit against John Peter Smith Hospital.
“In fact, Marlise cannot possibly be a ‘pregnant patient’ — Marlise is dead,” the suit says. “To further conduct surgical procedures on a deceased body is nothing short of outrageous.”
But even if Marlise were alive — assuming she has either a terminal or irreversible condition — the hospital has the choice to do the right thing ethically, follow the wishes of her husband and family and stop intervening.
Read the full article.