Misreading the law in question


There are people who say that Dallas hospital is getting the law wrong.

The hospital says Texas law prohibits it from following a family directive when a pregnancy is involved, although three experts say the hospital is misreading the law in question.

There’s something very wrong with this country. On the one hand, “stand your ground” laws, so if some guy thinks a kid in a hoodie might be up to no good, he’s allowed to kill him to be on the safe side. On the other hand, technology can re-start a pregnant woman’s heart even after the brain is already stone dead and the fetus’s brain probably is too, but neither can be allowed to die the rest of the way until the woman’s body expels the fetus. No big deal about the kid in the hoodie, but ignore every right the pregnant woman ever had just in case the fetus might survive. Something definitely wrong there.

Hospital spokeswoman J.R. Labbe said she isn’t permitted to confirm that Marlise Munoz had been declared brain-dead, only that she was pregnant and hospitalized in serious condition.

“We are following the law of the state of Texas,” Labbe said. “This is not a difficult decision for us. We are following the law.”

But three experts interviewed by The Associated Press, including two who helped draft the law, said a brain-dead patient’s case wouldn’t be covered by the law.

“This patient is neither terminally nor irreversibly ill,” said Dr. Robert Fine, clinical director of the office of clinical ethics and palliative care for Baylor Health Care System. “Under Texas law, this patient is legally dead.”

Yes but fetus. The hell with Renisha McBride, shot dead for asking for help after she crashed her car, but when it comes to fetus – nothing else counts.

Comments

  1. chigau (違う) says

    Does anyone really think this could work?
    Keep Marlise Munoz “alive” for 20 more weeks?
    And then “deliver” a healthy baby?

  2. ema says

    “Under Texas law, this patient is legally dead.”

    So, when the State decides it’s time to operate in order to deliver the pregnancy, who exactly can legally consent for the uterine container? I realize it’s Texas but they still have malpractice lawyers.

  3. N. Nescio says

    “There’s something very wrong with this country. On the one hand, “stand your ground” laws, so if some guy thinks a kid in a hoodie might be up to no good, he’s allowed to kill him to be on the safe side. ”

    As long as you don’t actually read the laws and make shit up, sure.

  4. says

    @4

    Right…last I checked, George Zimmerman got off the hook. On that, I fail to see how “actually reading the laws” makes much of a difference. How the law is applied is much more important than how it is worded. And how it has been applied is appalling. (Well, I’m going to guess you don’t find it as such, but many others do.)

  5. N. Nescio says

    Your guess would be entirely wrong. George Zimmerman should have minded his own damned business and left Trayvon Marton alone. That doesn’t mean he deserved to have his head beaten into the ground – which is the best conclusion I can draw given the evidence available about what happened prior to the shooting.

    “so if some guy thinks a kid in a hoodie might be up to no good, he’s allowed to kill him to be on the safe side.”
    is not even remotely an honest description of that incident OR the application of no duty to retreat laws – it’s simply making shit up.

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