Erick Munoz, a Texas resident has filed a lawsuit against the John Peter Smith hospital, a reputed hospice in the state, for keeping his brain-dead wife and unborn baby on life support against his wishes.
Munoz found his wife, Marlise Munoz, lying unconscious on the kitchen floor on Nov. 26 morning, when she was 14 weeks pregnant. The same day one of the doctors at the John Peter Smith declared Marlise brain dead. However, the hospital authorities declined to remove life support until the fetus was delivered or there was a miscarriage.
Munoz and his wife both are paramedics. Marlise had clearly stated to her husband earlier to pull off life support and let her die if such a situation ever arose.
"Marlise Munoz is dead, and she gave clear instructions to her husband and family - Marlise was not to remain on any type of artificial 'life sustaining treatment,' ventilators or the like," reads the lawsuit, according to an associated press report. "There is no reason JPS should be allowed to continue treatment on Marlise Munoz's dead body, and this court should order JPS to immediately discontinue such."
The hospital authorities have explained their actions stating that they were simply following what the Texas Advance Directives law states for pregnant women. According to the Texas Advance Directives Act , "A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient."
But there is a Texas law (Health and Safety Code) that can seriously question hospital's actions. The law defines death as, "A person is dead when, according to ordinary standards of medical practice, there is irreversible cessation of the person's spontaneous respiratory and circulatory function."
The health experts opine that the hospital is incorrectly following the statute since Marlise is already brain dead with no chances of recovering. According to Munoz, the hospital has no right to detain the brain-dead body of his wife against the wishes of the deceased. "It makes no sense and amounts to nothing more than the cruel and obscene mutilation of a deceased body against the expressed will of the deceased and her family," the lawsuit reads, reports ABC news.
The condition of the unborn baby is not known but chances of survival are slim going by the condition of the mother, Munoz states.
