Greetings:
It seems that there has been a lot of
attention focused lately on Munoz Family problems with John Peter Smith
(JPS) hospital in Fort Worth. It seems that about 8 weeks ago Eric
Munoz found his wife, Marlise Munoz, lying unconscious on the kitchen
floor. She was 14 weeks pregnant then and is about 22 weeks pregnant
now. But, here's the kicker; she has been pronounced "brain dead" and
the family wants JPS to take her off of life support. In effect,
killing the baby as well. JPS has refused citing a 1999 law that
requires a hospital to keep a woman on life support if she is pregnant.
Eric's lawyers say that this law was never intended to apply to someone who is "brain dead." Question: To whom would this law apply? A woman who is fully conscious does not need life support. I would think that this is exactly the kind of situation to which this law would apply. Anyway, according to the Dallas Morning News,
on Friday afternoon (yesterday) a local judge ruled that JPS had to
remove all life support from Marlise Munoz by Monday afternoon,
presumably by 6:00 p.m. or before. In effect, killing the baby as well
as killing Marlise's brain-dead body. The baby is now 22 weeks old and
will be what is called by the press a "viable fetus" in another two
weeks. So, since the baby could be delivered by Ceaseran section in two
or three weeks the family is, effectively, having an abortion for
Marlise. Remember, she was 14 weeks pregnant when she slipped into a
coma and could have had an abortion at any time before that had she
chosen to do so. Apparently she did want the baby before the accident
and subsequent hospital stay.
But the family says that
had she known that the baby was deformed she would have chosen
abortion. And the family says that the baby is not only deformed (legs)
but also has heart problems and water on the brain. Something that JPS
has neither confirmed nor denied. My question is this: If the baby
were "viable" at this time could you perform an abortion? Not on your
Nelly! It would be the same as killing a three-year-old baby because it
was deformed, had brain damage and heart problems. The first question
is, "At what point is the beginning of life?" The local and national
press, as well as the family, believe that life begins at 24 weeks when
the baby can be delivered but that Marlise is only 22 weeks pregnant now and should have the abortion by effectively killling her brain-dead body.
In
Torah study on the past Monday, one of the gentlemen (obviously of the
more "Liberal Jew" classification) in the class protested that,"What if
the fetus is deformed and/or has brain damage?" He is of that class
that does not understand that life begins when G-d creates it, at
conception, not some "legalese" definition of life such as that
determined in our courts. Obviously I am in the more "Conservative" or
"Orthodox"Jewish belief that G-d's court has already determined that the
baby is alive. It is funny that people in the USA have been convicted
(legally, in court) of murder for causing a woman to miscarry, even
before the magical 24-week statute of "viability" period. Yet, this
judge had determined that the baby is still a fetus and not yet alive
since it is not 24-weeks old. In two more weeks, it will be what they
call a "viable fetus" and re-classified a "baby" by law. I am not sure
but it seems that if the "fetus" were not brain damaged and/or deformed
that the family would want Marlise kept alive. Or so it seems. They
have not publicly stated one way or the other except to declare that the
baby is deformed and has brain damage. I am still waiting for JPS to
confirm or deny that report. But it does not really matter, does it?
So,
feel free to comment, for or against killing Marlise's brain-dead body
and her baby. Or not. I will publish anything that is "readable" one
way or the other. Meaning, no name calling, no angry anti-abortion or
pro-abortion rants but something intelligent and readable by high-school
students or college freshmen. (College FreshLadies?) No profane nor
vulgar language, please.
Shalom,
Yaakov
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