Question

Marlise Muñoz was found unconscious on the floor by her husband at their family home on November 26, 2013. She had suffered a massive pulmonary embolism. When paramedics arrived, she was alive but not breathing. She was rushed to John Peter Smith Hospital in Fort Worth, Texas, where she was pronounced brain dead 2 days later. She and her husband, 33 years old, both veteran paramedics, had discussed end-of-life issues, and Muñoz made it clear that she did not want to be kept alive by life support under any circumstances. Her other family members agreed, and they requested withdrawal of ventilation and other measures sustaining her body's function. However, Muñoz was 14 weeks pregnant. The hospital refused, citing the Texas Advance Directive Act that prohibits the discontinuation of life-sustaining treatment if a woman is pregnant. The physicians and the hospital explained that it did not matter what Muñoz, her husband, or her family wanted—it was a law of the state. She would be required by law to stay on the ventilator until her 14-week-old fetus was delivered or died. The hospital kept Muñoz alive for 2 months despite Muñoz being declared brain dead and the fetus not being viable. Muñoz's husband sued the hospital. Do you think a mother's rights should supersede the rights of an unborn child? Although when she was alive Muñoz requested to refuse life-sustaining treatment, do you think her decision would have been different knowing she was pregnant? What do you think the court decided?

Answer 1

A mother's right can supersede the rights of unborn child when the fetus can endanger the life of the mother.Here the rights of mother cannot supersede because of another life which may be developed as a planned pregnancy by the women in order to give birth to a live child and make a family.

Pregnancy will definitely change the decision, because the act of ending ones life will lead to intentional killing of another life in the womb.

The law never permits advance directive in these types of situation according to Kathy law.