The case study “Our Pregnant Daughter Didn’t want this”
Summery
The case study “Our Pregnant Daughter Didn’t want this” is a story of a young lady named Janet aged 29 years old and her husband Jack, who was involved in a car accident. Her husband, Jack, died before reaching the hospital while Janet survived and remained in a vegetative state. Just before the accident scene, Janet had just discovered that she was pregnant. Janet had an advance directive that outlined Jack as the primary agent and the parents as the secondary agent. It was against the will of Janet that she be taken through life support and other medication-assisted programs like ventilator and medical assisted nutrition. As a result of the husband’s demise, the decision was left with the parents to make. After much consultation with the people, Janet’s parents resolved to stop everything only to allow for palliative care as they believe that it was the only option t5heir daughter would opt.
Arrangements were made for Janet’s transfer to hospice the following day. However, that evening the doctor discovers that Janet was pregnant. The doctor then learns that it is against the legal procedures in the state of Kansas to withdraw life-supporting procedures on a patient in critical condition. The following morning, the doctor advice Janet’s parents that they might seek some legal assistance and that they had to postpone Janet’s transfer.
Question Discussions
Janet is in a very critical condition and should be retained on life support care. Besides, before making any legal decisions, Janet’s parents should think of the fetus. The state legal of Kansas has much concern over the life of the baby; hence the question should not be what the patient wants but rather what is best for the patient’s survival.
The underline value making the declaration of a pregnant woman’s care treatment of “no effect” is the fact that the lady is severely injured in the head. It could be that the lady is dead in the brain. Under this condition, the lady cannot have a standard delivery. Besides, the issuers of the statute stated that the intent was to retain a pregnant woman in a persistent vegetative state on life-supporting care until they deliver and not to keep a dead pregnant woman alive.
The fetus indeed has a right to live. As a result, I agree with this cause since the patient made her advance directives before she became expectant. She probably had never thought of these directives would apply to her in her pregnant condition. It is fair that a person outlines what exactly they would wish to happen under this situation.
If I were allowed to decide as a surrogate parent to Janet, I would follow the legal directives of the state. Janet had decided without considering what the future may hold. She didn’t know she may occur in her current situation. However, the directives from the doctor would also influence my decisions. If the doctor says Janet would survive, then I may consider the legal procedures, but if otherwise, then I would go with her advance directives.
Yes, I would consider surrogate parents for Janet’s fetus when safely delivered. But I think Janet’s parents should accommodate their grandchild. If not possible, then I would recommend a close relative to be the surrogate parent. This would continue the blood of Janet flowing in her family.
Research the Pertaining Laws
From the Kansas State law published in April 2015 in the New York Times magazine, it is clearly stated that Kansas is one of the first States in the US to restrict the standard method used in the current forms of abortions and anti-abortion measures. Besides, it affirms that the State of Kansas is strictly against any kind of abortion. The report continues to suggest that the law uses no medical terminology and that it is clear and practical in its practical influence. However, the law appears to ban the method of dilation and evacuation, which is employed in nearly all abortion practices, especially ion advanced pregnancies. As a result, we are sure that abortion, in some way, is unpredictable. For instance, Janet seems like she can’t make her own decisions to abort the baby. This is proven by the fact that after much consultation, no doctor is willing to violate the legal guidelines of the state to follow the patient’s wish.
Legal and Ethical Responsibilities
A good percentage of medical staff would love to follow medical ethics since they may lack empathy for the patient. On the other hand, the doctors may like to support the patient by following their advance directives. The advance directives may help a family to eradicate stress that comes with the medical conditions of a particular patient since the patient has control over their medical conditions. As a result, the legal and ethical responsibilities are not in alignment with each other, especially as it relates to this case study. There is a moral and legal dilemma. No person knows what would happen in the future as they make their advance directives. But legal procedures must be followed in the end; this is, in many cases, contradicts the wishes of the patient, as in the case of Janet.
Recommendation
I would recommend the family to obtain legal advice. The healthcare staff should also do ethics consultations and get some legal assistance. This situation is a tough one as it may cause some doctors to violate legal procedures at the expense of empathizing with the patient. As a result, doctors may endanger the life of the patient or cause death to both the patient and the fetus by following her advance directives. The doctors have to determine and affirm if the fetus will survive. After which the patient’s advance directives should be followed, which would mean partly following the legal procedure and slightly the instructions of the patient; hence the ethical dilemma is solved.
References
DeMartino, E. S., Sperry, B. P., Doyle, D. K., Chor, J., Kramer, D. B., Dudzinski, D. M., & Mueller, P. S. (2019). US State Regulation of Decisions for Pregnant Women Without Decisional Capacity. JAMA, 1629-1631.
Eckholm, E., & Robles, F. (2015). The New York Times. Kansas limits the abortion method, opening a new line of attack. Retrieved from www.nytimes.com/2015/04/08/us/kansas-bans-common-second-trimester-abortion-procedure.html?partner=bloomberg
Marcuccio, E. A., & Mcc, J. P. (2015). Advance Directives Containing Pregnancy Exclusions: Are They Constitutional? North East Journal of Legal Studies, 22-41.