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This case is considering whether or not it is ethical to take a brain dead woman that is pregnant off of ventalation. This specific case involves a resident of Texas named Amanda. Amanda was thirty years old. Amanda was married, was mother of an 18-month old child, and worked in the healthcare industry. One day, Amanda collapsed and the doctors then later determined she had a massive pulmonary embolism. She was then declared brain dead after being taken to the hospital. Brain death is the irreversible cessation of all the functions of the entire brain, including the brain stem (Baumrucker 672). Therefore, her husband felt that she would not want to keep living on life support in this condition. The other family members agreed. They requested withdrawal of ventilation which would cause Amanda’s body to completely shut down. The doctors were going to fulfill the family’s wishes until they found out Amanda was twelve weeks pregnant. Therefore, the hospital kept her on the vent because of the Texas law that stated she had to stay on the ventilation system to keep the fetus alive. Keeping Amanda alive uses her body as an incubator to keep the fetus alive. However, the family did not like the …show more content…
Therefore, even though the family wants Amanda to be taken off of ventilation that is not what is best for the fetus. So someone that has full capacity and competence has to make the decisions for the fetus and that is the doctors. Ali Nyima, a doctor specialized in obstetrics, said,” A pregnant woman who has been diagnosed as brain dead is considered dead, and somatic support is justified only to design appropriate strategies for the sake of the fetus.” Therefore, Ali Nyima supports the decision of keeping Amanda on ventilation system for the sake of the
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. Although the hospital was following the directive in order to maintain legal immunity for its hospital staff, the rights of the family were violated along with the medical fundamental principle to “first, do no harm.”
Jahi McMath is a 13-year-old girl living in Oakland, CA who was declared brain dead by multiple neurologists more than three months ago. Jahi was declared brain-dead December 12th after barriers during surgery a few days earlier to remove her tonsils, adenoids, and uvula at Children's Hospital & Research Center Oakland. At least three neurologists confirmed that Jahi was unable to breathe on her own, had no blood flow to her brain, and had no sign of electrical activity in her brain. Moreover, a court order kept Jahi's body on a ventilator while independent experts could be brought in to confirm the results (Wells, 2014). Even so, the McMath family was able to secure the release of Jahi's body through the county coroner, who issued a death certificate, and have been keeping her on a ventilator at an undisclosed facility ever since. This all occurred after Children’s Hospital released Jahi due to her severe brain damage along with the probability of the hospital receiving profit from discharging Jahi before her or her family were ready for her to be released (Johnson and Rhodes, 2010, p. 61).
Judith Jarvis Thomson, in "A Defense of Abortion", argues that even if we grant that fetuses have a fundamental right to life, in many cases the rights of the mother override the rights of a fetus. For the sake of argument, Thomson grants the initial contention that the fetus has a right to life at the moment of conception. However, Thomson explains, it is not self-evident that the fetus's right to life will always outweigh the mother's right to determine what goes on in her body. Thomson also contends that just because a woman voluntarily had intercourse, it does not follow that the fetus acquires special rights against the mother. Therefore, abortion is permissible even if the mother knows the risks of having sex. She makes her points with the following illustration. Imagine that you wake up one morning and find that you have been kidnapped, taken to a hospital, and a famous violist has been attached to your circulatory system. You are told that the violinist was ill and you were selected to be the host, in which the violinist will recover in nine months, but will die if disconnected from you before then. Clearly, Thomson argues, you are not morally required to continue being the host. In her essay she answers the question: what is the standard one has to have in order to be granted a right to life? She reflects on two prospects whether the right to life is being given the bare minimum to sustain life or ir the right to life is merely the right not to be killed. Thomson states that if the violinist has more of a right to life then you do, then someone should make you stay hooked up to the violinist with no exceptions. If not, then you should be free to go at a...
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.
There is a low susses rate for a child of a maternal brain dead mother for the baby to live. When a woman is declared brain dead they are sent for burial or other final respects. In this case, however, the woman is pregnant and there is a fetus to think about. The problem lies with the susses rate of the child be born or being born without any complications. There are only 5 reported successful cases of brain death births (Lsaacson et al. 1996). The body at this point is just used for an incubator for the unborn child. The rate for the child to come out with no complications or in the body of the mother to produce complications is less than 10% (Lsaacson et al. 1996). Knowing all of this, why would one want to put their body through all of this for such a low success rate with current medical technologies.
Sexual intercourse between two people who willingly consent to the actions results in strong human emotional bonding. The act is permissible only when the two parties involved mutually desire to engage in sexual intercourse with each other. In the following case, the mutual agreement is broken. A man engages in sexual intercourse with his wife who is in a minimal conscious state and is paralyzed after an automobile accident. The wife is a 29-year-old woman who suffered from severe brain injury, leaving her unable to care for herself. She is only able to show some response to visual, auditory and tactile stimulation. In addition to being incontinent, she is unable to walk, talk, move or eat on her own. Despite her incapacities, her husband chose to continue the sexual relationship he previously shared with his wife, but consequently she became pregnant. The pregnancy was terminated because it was in the best interest of the wife’s health. The wife’s family considers the husband’s actions rape, and notified the police. The husband’s actions go against fundamental moral and ethical principles. The husband’s actions are deemed unethical because the wife’s incompetency disables her capability to consent to sexual intercourse, leaving her with no choice.
In an effort to provide the standard of care for such a patient the treating physicians placed Ms. Quinlan on mechanical ventilation preserving her basic life function. Ms. Quinlan’s condition persisted in a vegetative state for an extended period of time creating the ethical dilemma of quality of life, the right to choose, the right to privacy, and the end of life decision. The Quilan family believed they had their daughter’s best interests and her own personal wishes with regard to end of life treatment. The case became complicated with regard to Karen’s long-term care from the perspective of the attending physicians, the medical community, the legal community local/state/federal case law and the catholic hospital tenants. The attending physicians believed their obligation was to preserve life but feared legal action both criminal and malpractice if they instituted end of life procedures. There was prior case law to provide guidance for legal resolution of this case. The catholic hospital in New Jersey, St. Clare’s, and Vatican stated this was going down a slippery slope to legalization of euthanasia. The case continued for 11 years and 2 months with gaining national attention. The resolution was obtained following Karen’s father being granted guardianship and ultimately made decisions on Karen’s behalf regarding future medical
But, there are many differences between an actual person and a fetus. First of all, a fetus is completely dependent on the mother. Fetus’s need their mothers in order to be fed correctly, to live in a stable environment, and to grow and expand among many other things. Because the fetus cannot survive on its own, then it does not qualify as a human being. In addition, a fetus that is still inside the womb is only a potential person. The fetus resides inside of the mother, and thus is part of the mother herself until it is born. Another difference between a fetus and a person is that a person can feel pain. Anti abortionist commonly argue that abortion is wrong because it would cause pain to the fetus. But, according to Mark Rosen, an obstetrical anesthesiologist at the University of California at San Francisco, “the wiring at the point where you feel pain, such as the skin, doesn’t reach the emotional part where you feel pain, in the brain.” Furthermore, the thalamus does not form until week 28 of the pregnancy. So, no information, including pain, can reach the cortex in the brain for processing. These facts prove that a fetus would not be affected by the mother’s choice of having an abortion, thus proving Marquis and all other anti-abortionists wrong.
Amanda was a woman who lives in a world of fantasy and reality. In the past memory and the future of the fantasy made Amanda very strong, but in the face of reality she was fragile. Just like Tom used to explain “I give you truth in the
Even though many argue a fetus is not yet a person, Marquis does not think it makes a difference at what stage a person is in life, that fetus will eventually be a person who will eventually live a life and to take that away before it even starts would be unethical.... ... middle of paper ... ... This idea, he argues, does not withstand the argument of suicide because it challenges his theory of having the desire to live.
middle of paper ... ... She argues that fetuses are not persons or members of the moral community because they don’t fulfill the five qualities of personhood she has fashioned. Warren’s arguments are valid, mostly sound, and cover just about all aspects of the overall topic. Although she was inconsistent on the topic of infanticide, her overall writing was well done and consistent.
If the mother waits until the third trimester (when the baby is more developed), then she must have Partial Birth Abortion. Using Ultra-sound, the doctor grabs the baby’s legs and forces out all but the head. Scissors are then jammed into the back of the skull and opened, creating a larger hole. A suction tube sucks the brains out, causing the skull to collapse. Then the dead baby is removed.Believe it or not, the mother is also harmed. In Suction Aspiration, if any tissue is left inside, it’ll become infected.
“From Private Ordeal to National Fight: The Case of Terri Schiavo” by Clyde Haberman (2014) he explains the dilemma of Terri Schiavo. A twenty-six year old, Terri Schiavo, mysteriously collapsed due to her brain being deprived of oxygen for to long. She was then put in a persistent vegetative state, where in the article it states “ She could breath without mechanical assistance. But doctors concluded that she was incapable of thought or emotion.” Her parents wanted her to be kept alive while her husband knew Terri wouldn’t. In the article it claims “ Florida courts, while sympathizing with the parents, consistently sided with the husband as a matter of law.” Although the courts sided with Michael, the Florida politicians felt differently. “
With the guidance of their physician, Baby Does’ parents chose to withhold medical care and surgery due to the conclusion still leaving the child with severe retardation. “Officials at the hospital had the Indiana Juvenile Courts appoint a guardian to determine whether or not to perform the surgery. The court finally ruled in favor of the parents and upheld their right to informed medical decision” (Resnik, 2011). Because of the decision made to withhold surgery and medical care, Baby Doe died five days later of dehydration and pneumonia.
There are many legal aspects that go into declaring what is and what is not brain death. In today’s society, many people, including medical professionals, judges and attorneys struggle to identify what exactly constitutes as brain death. According to, Smith“ the concept of brain death came about during the 1950’s when, as a consequence of developments in critical care, clinicians were faced for the first time with the prospect of an apparently ‘alive’ patient sustained by mechanical ventilation long after brain function had ceased”(Smith, 2011).