How Do I Apply For Asylum Or Withholding In The United States?
When 33-year-old Texas paramedic, Marlise Munoz, collapsed from a pulmonary embolism in November 2013, no one suspected that honoring her final wishes would shine a spotlight on what has since become a hot button issue in the state of Texas. For the past few months, many women have begun to ask the question, “Will my living will and final wishes be ignored if I’m pregnant?”
Why was Munoz’s living will and advance directive ignored?
Munoz, who fell into a coma in late November, has never regained consciousness. She is clinically brain-dead; a fact that, under normal circumstances, would allow her family to honor her living will and take her off of life support, but these are not normal circumstances.
At the time of her collapse, Munoz was 14 weeks pregnant with her second child. Under Texas law, the hospital cannot withhold or withdraw life-sustaining treatment if a patient is pregnant.
How is this legal?
This law supersedes any advance medical directive made by the patient, including a living will.
The Munoz case has brought to light a legal precedent that is valid in 26 states: the patient must be kept alive until the fetus is either delivered or no longer viable. The viability of a pregnancy cannot be determined until 24 weeks gestation. Meaning; in Munoz case, the family will have to wait until mid-February to make a determination regarding life support.
The future of this case, and of the unborn child involved, is yet to be determined. While advocates have brought up that the life of the child may be saved, Munoz’s family contends that the health of the child is not a certainty. What is certain is that the baby’s mother will never wake up, and their primary concern is honoring her wishes,” not to be kept alive by machine.”
Unless or until a court rules differently; the hospital must honor the letter of the law and leave Munoz on life support for at least four more weeks.
More than half of U.S. states may prevent a pregnant patient’s living will from being fulfilled, especially if there is a reasonable chance that the fetus can live outside of the womb.
While this is not a circumstance you come across often, legal experts are recommending that people looking to draft end-of-life documents or living wills need to speak with an experienced estate planning lawyer. If you are of childbearing age, please ask about how these laws affect your living will.
How can I protect my rights?
Stockard, Johnston, Brown & Netardus, P.C. in Amarillo, Texas understand the importance of making end-of-life decisions. Planning for the future is so important because you never know what may happen. Our Amarillo will and estate planning lawyers can help structure your will and ensure that your wishes are honored to the full extent allowable under the law. If you have any questions about Texas law or are interested in creating an advance directive or living will, contact Stockard, Johnston, Brown, Netardus & Doyle, P.C. today.
Why was Munoz’s living will and advance directive ignored?
Munoz, who fell into a coma in late November, has never regained consciousness. She is clinically brain-dead; a fact that, under normal circumstances, would allow her family to honor her living will and take her off of life support, but these are not normal circumstances.
At the time of her collapse, Munoz was 14 weeks pregnant with her second child. Under Texas law, the hospital cannot withhold or withdraw life-sustaining treatment if a patient is pregnant.
How is this legal?
This law supersedes any advance medical directive made by the patient, including a living will.
The Munoz case has brought to light a legal precedent that is valid in 26 states: the patient must be kept alive until the fetus is either delivered or no longer viable. The viability of a pregnancy cannot be determined until 24 weeks gestation. Meaning; in Munoz case, the family will have to wait until mid-February to make a determination regarding life support.
The future of this case, and of the unborn child involved, is yet to be determined. While advocates have brought up that the life of the child may be saved, Munoz’s family contends that the health of the child is not a certainty. What is certain is that the baby’s mother will never wake up, and their primary concern is honoring her wishes,” not to be kept alive by machine.”
Unless or until a court rules differently; the hospital must honor the letter of the law and leave Munoz on life support for at least four more weeks.
More than half of U.S. states may prevent a pregnant patient’s living will from being fulfilled, especially if there is a reasonable chance that the fetus can live outside of the womb.
While this is not a circumstance you come across often, legal experts are recommending that people looking to draft end-of-life documents or living wills need to speak with an experienced estate planning lawyer. If you are of childbearing age, please ask about how these laws affect your living will.
How can I protect my rights?
Stockard, Johnston, Brown & Netardus, P.C. in Amarillo, Texas understand the importance of making end-of-life decisions. Planning for the future is so important because you never know what may happen. Our Amarillo will and estate planning lawyers can help structure your will and ensure that your wishes are honored to the full extent allowable under the law. If you have any questions about Texas law or are interested in creating an advance directive or living will, contact Stockard, Johnston, Brown, Netardus & Doyle, P.C. today.