Arthur Caplan

Art Caplan: Pregnant and dead in Texas: A bad law, badly interpreted

Art Caplan has published a new op-ed piece in the LA Times addressing the case of Marlise Munoz, the brain-dead, pregnant Texas woman from whom doctors are refusing to withdraw “life-sustaining treatment” despite her family’s wishes. The hospital where Munoz argues that it cannot withdraw such treatment because of a Texas law forbidding the removal…

Art Caplan has published a new op-ed piece in the LA Times addressing the case of Marlise Munoz, the brain-dead, pregnant Texas woman from whom doctors are refusing to withdraw “life-sustaining treatment” despite her family’s wishes. The hospital where Munoz argues that it cannot withdraw such treatment because of a Texas law forbidding the removal of such treatments from a pregnant patient. Caplan argues:

Given the clarity of this statutory language, it is hardly surprising courts have determined it inapplicable after a determination of death. For example, in a similar case in Houston, a Texas court ordered a hospital to continue treatment for a comatose Tammy Martin, who was then 15 weeks pregnant. But the court reversed the order, a few weeks later, once Martin had been declared dead.

Not only does the Texas law not apply, it is almost certainly unconstitutional. 

The definition of pregnancy in the Texas law and the dozen others like it does not distinguish between being a day pregnant and being 8 1/2 months pregnant. Treating all instances of pregnancy as voiding a woman’s right not to be treated is far too broad an intrusion on her autonomy, privacy and liberty.

And there is no guarantee that Munoz’s fetus is either viable or healthy. Going without oxygen for a prolonged period not only gravely damaged Munoz but also may well have done great harm to her fetus. The Texas law, even when applied correctly, affords no choice in the face of uncertainty and doubt about the health of the fetus, which reasonable people might have.

Although the Texas law does not apply to pregnant patients who are dead, it does apply to those in a coma or a vegetative state. But should it?

Read the full article here.