For many, the topic end of life decisions and right to life/choice are very very personal and sensitive. For one family in Texas, the occurrence of both are being ignored and instead state law is ruling supreme.
Case Facts
- Erick Munoz of Fort Worth, Texas, found his wife Marlise unconscious on the kitchen floor on November 26
- She had suffered a pulmonary embolism and has been brain dead since
- Munoz and Marlise's mother are now suing the hospital who say that Texas law prevents them from turning off her ventilator, against their wishes
- Mother of one, Munoz is now 20 weeks pregnant
- It is unknown how the fetus was affected after Marlise was deprived of oxygen for an hour
Even if Marlise had a living will that specifically stated that in the case of her being brain dead and pregnant with a non-viable fetus that she would want the plug pulled, the State would override this legal document and impose their law.
Questions
- Do you think State Public Policy should override the family's desire? How about if there was a legal document testifying to Marlise's desires?
- Do you think this hampers Estate Planners in Texas from giving their clients a peace of mind when drafting a Living Will?
