A Fort Worth hospital that is refusing to remove a pregnant, brain-dead woman from a ventilator faces a law suit filed by the patient's husband.
Erick Munoz's wife Marlise has been on life support since Nov. 26, after she suffered what Erick stated he thought was a pulmonary embolism, Reuters reported. Now, Erick is filing suit against John Peter Smith hospital, which has refused to remove her from the ventilator, against the wishes of the husband and other family members.
"Marlise Munoz's death is a horrible and tragic circumstance, but by no means should [the hospital] be entitled to continue cutting into her deceased body in front of her husband and family under the guise of 'life sustaining' treatment," lawsuit documents read.
Erick's request stems from a decision he and Marlise reportedly made together, Reuters reported. The husband and wife paramedics agreed they didn't want to be held on life support if that situation occurred. According to the suit, the duo told their family their wishes prior to the hospital stay.
But Texas law states that pregnant women aren't allowed to be removed from "life-sustaining treatment."
Officials from the hospital backed their decision to keep Marlise on a ventilator this week.
"The courts are the appropriate venue to provide clarity, direction and resolution in this matter," authorities from the medical facility wrote. "JPS remains focused on providing compassionate care to all patients while also following the law as it applies to healthcare in the state of Texas."
Erick is worried that the fetus might have sustained injuries due to a blood clot that Marlise suffered from when she was 14 weeks pregnant.
The suit alleges that the state's law doesn't apply in this case because Marlise is technically dead, even by legal standards. Additionally, the legislation doesn't address the fetus, and only makes reference to the pregnant woman.
