Erick Munoz Should Sue JPS for Damages

In yesterday's Los Angeles Times, Art Caplan and I argued that JPS hospital is wrong to interpret the Texas Advance Directives Act to require continued ICU interventions for Marlise Munoz contrary to her known wishes and preferences.  



Now that the records confirm that Marlise Munoz is dead, I want to take my argument one step further.  JPS' interpretation is so unreasonable that it should be subject to damages for negligent infliction of emotional distress.  In at least one case (Strachan v. JFK Hospital), a family obtained a $70,000 NIED jury verdict when the hospital did not timely turn over a family member's body.  Moreover, quite a few successful NIED claims concern the mistreatment or mishandling of dead bodies.     



Right now, Erick Munoz's lawsuit only seeks declaratory and injunctive relief.  But he might consider amending to add a claim for money damages.