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Marlise Munoz
Background
On November 26, 2013, Mrs. Marlise Munoz was found by her husband, Erick Munoz unconscious on the family’s kitchen floor. Marlise Munoz was 14 weeks pregnant at the time she was pronounced brain dead by the doctors at John Peter Smith hospital in Texas. Both Mrs. Munoz and her husband Erick Munoz were EMTs and talked about their wishes should they become ill in the future. Both expressed the desire not to be placed on life support. With no formal written advanced directive, Erick Munoz was the surrogate for his wife. Marlise’s family continued to side with the Erick during this most difficult time. The Texas state law states that “A pregnant woman may life support may not be withheld or taken off of life support”. There has been an ongoing debate as to whose autonomy should be respected.
Autonomy
Beauchamp and Childress (2012) defined autonomy as self-ruled, self governance or self determination. John Peter Smith hospital did not respect the advance wishes of Mrs. Munoz. Although Marlise did not have a formal advance directive Mr. Munoz, her surrogate, continued to advocate her wishes . Mrs. Munoz right to autonomy
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Munoz was considered medically brain dead. She did not have any noted brain or brain stem activity. This meant that Marlise’s rights were terminated. The rights, then, should remain with the fetus, as it was considered alive. The hospital acting as a surrogate as the patient was unable to let his or her needs be known. Although the fetus had “abnormalitieis” didn’t mean that the fetus’s life was not worth living. Whether this is considered murder is far reaching, in my opinion. We should continue to preserve the life of the baby, whether it is handicap or not. We cannot preserve the life of Marlise, because there is no life to preserve. Taking Marlise off the support means that her own body will be unable to maintain life. What happened to the sanctity of the baby’s life is this particular
Anna Garcia is a thirty eight year old Hispanic women. She weighed 165 pounds and was 64 inches tall. She was married to Alex Garcia, but went through a nasty divorce. Anna has no children and one dog. A phone call came in at 9:45 AM on the hot morning of August 14th. Anna’s neighbor, Doug Greene let the police know he saw her walking her dog around 6:30AM yesterday morning, but heard her dog barking for the last two hours. Both the police and the EMT arrived at 9:56AM, and had to break the front door down. Upon entering the house, they found Anna lying face down in the entry hallway, a small pool of blood was by her head. The house was a comfortable 73 degrees fahrenheit. Around her there was evidence. There was vomit, blood spatters, blood on the table, and a pool of blood. As well as, a syringe, white pills, a cup with an unknown fingerprint on it, a muddy shoe print, and a
Autonomy is a concept found in moral, political, and bioethical reasoning. Inside these connections, it is the limit of a sound individual to make an educated, unpressured decision. Patient autonomy can conflict with clinician autonomy and, in such a clash of values, it is not obvious which should prevail. (Lantos, Matlock & Wendler, 2011). In order to gain informed consent, a patient
...s driven by non-maleficence, or the intent to “do no harm”. They know that withholding treatment for religious beliefs will potentially be fatal to both. While Maria is acting out of loyalty to her religious beliefs, the medical staff is acting out of loyalty to the patient’s well being and that of her unborn child. It would be unfair if no party were acting on behalf of that child. In conclusion, providers in this case must pursue every option in delivering life saving treatment for this child. This may involve legal action. If it were just Maria providers may attempt to influence her decision, but ultimately it would be up to her to refuse suggested treatment. Since her decision affects the life of the baby providers are called upon to save that child .
There are many ethical paradigms through which humans find guidance and justification for their own actions. In the case of contractarianism, citizens of a state are entitled to human rights, considered to be unalienable, and legal rights, which are both protected by the state. As Spinello says, “The problem with most rights-based theories is that they do not provide adequate criteria for resolving practical disputes when rights are in conflict” (14). One case that supports Spinello is the case of Marlise Munoz, a brain-dead, pregnant thirty-three year old, who was wrongly kept on life support for nearly two months at John Peter Smith Hospital in Fort Worth, Texas. Misinterpretation of the Texas Advance Directives Act by John Peter Smith Hospital led to the violation of the contractarian paradigm.
On October 13th I was fortunate enough to be able to interview Sandi Lopez. Lopez is from Grand Island, Nebraska and has also lived in Kansas for a few years. At first she was not quite sure on what to do with her career pathway. She wanted a job where she could be able to help others and her community. Lopez says that having many of her friends being police officers is what got her more into law enforcement. She says hanging out around her friends telling her stories about being officers made her really want to be a part of the law enforcement department. However, she says it was a very hard decision to make knowing the fact that she would have to work long hours and being with her family was very important to her. In the end, she decided
Thomson provides the example of being hooked up for nine months to provide dialysis to an ailing violinist to expose how a fetus’s right to life does not supersede a mother’s right to make medical decisions about her body (48-49). I find that this thought experiment especially helpful in understanding how even though a fetus does have a right to life, because the continuation of their life hinges on the consent of their mother to use her body, it falls to the mother to choose whether or not to allow the fetus to develop to term.
Warren’s primary argument for abortion’s permissibility is structured around her stance that fetuses are not persons. This argument relies heavily upon her six criteria for personhood: A being’s sentience, emotionality, reason, capacity for communication, self-awareness, and having moral agencies (Warren 171-172). While this list seems sound in considering an average, healthy adult’s personhood, it neither accounts for nor addresses the personhood of infants, mentally ill individuals, or the developmentally challenged. Sentience is one’s ability to consciously feel and perceive things around them. While it is true that all animals and humans born can feel and perceive things within their environment, consider a coma patient, an individual suspended in unconsciousness and unable to move their own body for indeterminate amounts of time.
It is fully dependent on its mother 's body, unlike born human beings. Even if a fetus was alive, the ‘right to life’ doesn 't imply a right to use somebody else 's body. (Millstein par. 3). A fetus cannot survive on its own and if the caregiver does not want to bring the “fetus” into the world, then, unfortunately that is their decision. “People have the right to refuse to donate their organs, for example, even if doing so would save somebody else 's life. The "right to life" also doesn 't imply a right to live by threatening somebody else 's life. Bearing children is always a threat the life of the mother.” (Millstein par. 4). In a nutshell, we see the author clearly advocating for women’s rights and discussing whether the fetus is a human life or not. The author strongly believes that the fetus is not a fully functioning organism and should therefore not be given the option of living. That option is solely up to the mother.” Banning abortion violates a woman 's right to control her own body.” (Millstein par. 38). The author believes that when you don’t give a woman the right to choose what’s the best option for them, then that it is violating women’s
The historic case of Roe v. Wade was a pivotal case that changed the way the court system viewed a woman’s reproductive rights. To this day the topic of abortion has people torn between the legal rights of the woman and her right to choose what to do with her own body. This side is known as the pro- choice side. The other side of the debate wants to protect the moral rights of the fetus stating that the unborn child must have rights as well. The hard thing to do was to determine for some is when the life of the fetus can be considered a living person with rights. The state of Texas that was arguing on the rights for the fetus also known as the pro-life side. The state believed that the unborn child should have rights to life. For this reason
Bodily autonomy is a concept that is considered to be a human right. Bodily autonomy means that a person has control over who or what uses their body, for what, and for how long. Bodily autonomy is why you cannot be forced to donate your blood, tissue, or organs, even if you’re dead, even in the circumstance that your blood, tissue, and organs would save fifteen lives. Bodily autonomy is why someone cannot touch you, have sex with you, or use your body in any way without your continuous consent. A fetus is using and surviving from somebody else’s body parts. Therefore, under bodily autonomy, the fetus is in that person’s body by permission, not by right, and requires a person’s continuous consent to remain in that position. If the person
The aim of the analysis is meant to clarify the meaning of the word autonomy thereby the introduction of a concept. Clarification is needed as the word autonomy does have several meanings and not all apply to medical terminology, some meanings span to philosophy, technology and general decision making. The medical meaning is significant in the care of patients for improved outcomes through choice and educated decision making on the part of the patient. Autonomy can be empowering as a concept or even as a single word.
Over the duration of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with consideration to her reproductive rights. The drawback, however, is that there is no agreement upon when life begins and at which point one crosses the line from unalienable rights to murder.
Women would often die days later after having an abortion done at a clinic due to improper procedures performed in the abortion process ( Agresti, N.P). In a clinic abortion, the most common type of abortion performed during the first trimester of the pregnancy is called an “aspiration abortion” (In-Clinic Abortion Procedures at a Glance, N.P). During this procedure, the fetus’s heart needs to stop and would be done by an injection. Afterwards, the fetus is removed through the cervix with a vacuum and the rest is scraped with a curette. This can be unruly to witness as the tissues are discarded afterwards. In addition to aborting the child, the woman would have feelings of regret and they have the tendency to commit suicide more than a woman if she was suffering from post-mortem depression. The court case of “Roe vs Wade” legalizes abortion allowing more rights for the women but pro-life supporters argue that it counters the argument that all living things have their natural right protected. This right does not extend to the fetus and that is what pro-life supporters want to change. Abortion should not be legal as it violates the natural right of the unborn, can be considered murder and meddles with the morals and values of
An abnormality in a baby would be that it doesn’t have a brain or that it hasn’t fully developed the back or spine. An abortion is necessary for that, because it might not be able to survive in the real world. According to the medical article, abortions happen because a baby might have a disorder, such as Down-syndrome, Huntington disease or Tay-Sachs disorder (Medical). Some parents are not capable of taking care of a child with disabilities and therefore, they get an abortion. I think that they make this tough choice because they don’t want the baby to suffer when it comes to the world. They’re looking out for the baby and relieving its pain by not bringing it to the world. I believe that an opponent would agree with an abortion in this situation, because of the severe disorder and that it may not survive outside of the womb. I also think that this is a key moment for the women, because they’re making the right decision if they know that the baby won’t survive. So the mom can choose, but shouldn’t the child have the right to
Consequently, the Respect for Autonomy is in which it means the patient has the right to choose treatment. In Frankenstein the creature has no choice if he wants to be created. He is created by Victor as a science experiment to see if Victor can cheat death, and find any cures to illnesses. The creature has no say to be created,