Texas Hospital Giving Pregnant Woman Unwanted Medical Treatment

Often, when I write about the Texas Advance Directives Act, I focus on the provisions that permit clinicians to STOP life-sustaining treatment without patient or surrogate consent.  But only a few lines away, another section requires that clinicians CONTINUE life-sustaining treatment without patient or surrogate consent.



Section 166.049, provides: "A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient."  Many states have such laws.  In some states, like Minnesota, the law only creates a presumption that a woman could rebut in her advance directive.  But in Texas the mandate is categorical.  



It is currently being applied by JPS Hospital in Fort Worth, Texas.  Clinicians there are maintaining Marlise Munoz on life support contrary to her wishes.  Perhaps this might be a case prompting needed legislative change or a constitutional challenge.