Legal dilemmas of maternal brain death: The case of Marlise Muñoz
The subject of this article is a case that occurred in Texas in 2013, which has caused great debate between medical and legal professionals, and has stirred public concern. Marlise Munoz, 14 weeks pregnant, suffered a massive pulmonary embolism which resulted in brain death. Marlise's will had...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2020-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2020/0017-09332002208D.pdf |
| _version_ | 1811295487033081856 |
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| author | Drljača Jagoda V. |
| author_facet | Drljača Jagoda V. |
| author_sort | Drljača Jagoda V. |
| collection | DOAJ |
| description | The subject of this article is a case that occurred in Texas in 2013, which has caused great debate between medical and legal professionals, and has stirred public concern. Marlise Munoz, 14 weeks pregnant, suffered a massive pulmonary embolism which resulted in brain death. Marlise's will had been that in the case of irreversible brain damage, doctors don't somatically support her. Despite Marlise's will, as announced by her husband Eric, and confirmed by her parents, doctors decided to keep her on artificial life support until delivery, or while the fetus is viable. The reason for this decision had been found in the Texas Advance Directives Act (TADA). The main problem with this regulation and interpretation thus set is the collision between the rights of the individual who has made a decision about their physical integrity and the right of the fetus to continue to develop. In this case, no account was taken of the brain anomalies and damages that the fetus would suffer, developing from week 14 inside a brain-dead mother on life-support. The aim of this research is to analyze advance directives, whether the regulations derogate a living will when the patient is a pregnant woman, and the justification for the derogation, with special reference to the controversial TADA. In the concluding considerations, I will analyze which legal and ethical dilemmas arise in these cases. |
| first_indexed | 2024-04-13T05:34:07Z |
| format | Article |
| id | doaj.art-9a12f8e55db14186aeb05b623dc68d4d |
| institution | Directory Open Access Journal |
| issn | 0017-0933 2683-5967 |
| language | English |
| last_indexed | 2024-04-13T05:34:07Z |
| publishDate | 2020-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj.art-9a12f8e55db14186aeb05b623dc68d4d2022-12-22T03:00:21ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672020-01-019222082270017-09332002208DLegal dilemmas of maternal brain death: The case of Marlise MuñozDrljača Jagoda V.0https://orcid.org/0000-0002-4001-1287Institut društvenih nauka, Beograd, SerbiaThe subject of this article is a case that occurred in Texas in 2013, which has caused great debate between medical and legal professionals, and has stirred public concern. Marlise Munoz, 14 weeks pregnant, suffered a massive pulmonary embolism which resulted in brain death. Marlise's will had been that in the case of irreversible brain damage, doctors don't somatically support her. Despite Marlise's will, as announced by her husband Eric, and confirmed by her parents, doctors decided to keep her on artificial life support until delivery, or while the fetus is viable. The reason for this decision had been found in the Texas Advance Directives Act (TADA). The main problem with this regulation and interpretation thus set is the collision between the rights of the individual who has made a decision about their physical integrity and the right of the fetus to continue to develop. In this case, no account was taken of the brain anomalies and damages that the fetus would suffer, developing from week 14 inside a brain-dead mother on life-support. The aim of this research is to analyze advance directives, whether the regulations derogate a living will when the patient is a pregnant woman, and the justification for the derogation, with special reference to the controversial TADA. In the concluding considerations, I will analyze which legal and ethical dilemmas arise in these cases.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2020/0017-09332002208D.pdfbrain deathadvance directivespregnant womandignified deathtexas advance directives act (tada) |
| spellingShingle | Drljača Jagoda V. Legal dilemmas of maternal brain death: The case of Marlise Muñoz Glasnik Advokatske komore Vojvodine brain death advance directives pregnant woman dignified death texas advance directives act (tada) |
| title | Legal dilemmas of maternal brain death: The case of Marlise Muñoz |
| title_full | Legal dilemmas of maternal brain death: The case of Marlise Muñoz |
| title_fullStr | Legal dilemmas of maternal brain death: The case of Marlise Muñoz |
| title_full_unstemmed | Legal dilemmas of maternal brain death: The case of Marlise Muñoz |
| title_short | Legal dilemmas of maternal brain death: The case of Marlise Muñoz |
| title_sort | legal dilemmas of maternal brain death the case of marlise munoz |
| topic | brain death advance directives pregnant woman dignified death texas advance directives act (tada) |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2020/0017-09332002208D.pdf |
| work_keys_str_mv | AT drljacajagodav legaldilemmasofmaternalbraindeaththecaseofmarlisemunoz |