Brain dead woman kept alive to avoid avortion

[Ronin786]

Pregnant US woman declared brain dead is being kept alive under state abortion law — Guardian US

Doctors are keeping Adriana Smith on life support months after medical emergency until baby is ready, family says

apple.news

I feel like there’s has to be more to the story. After years of “brain dead = dead” I’m surprised this isn’t bigger news

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[nimbus]

That’s f*ck’d.

 

[Teillard]

"Smith’s family says Emory doctors have told them they are not allowed to stop or remove the devices that are keeping her breathing because state law bans abortion after cardiac activity can be detected in the fetus..."

That's what the family says the doctors say...what do the doctors say? Withdrawing support isn't an abortion, the death of the fetus is a secondary unintended effect. Withdrawing support no more kills the fetus than it kills the patient. Someone isn't saying something. It says right in the story the family has not said anything about withdrawal of support, yet the premise of the whole story is that she's being kept alive for the sake of the pregnancy. So which is it?

 

[UscGhost]

Well as soon as the baby is born, they will cut its Medicaid and food stamps.

 

[nimbus]

She’s 21 weeks. I wonder if their target is a term baby or something more like 34weeks. Also where’s the OPO?

 

[aneftp]

There was a huge malpractice verdict recently upheld by the Georgia courts for missed chiropractor vertebral artery dissection in ER at Atlanta area hospital

All I know is the northside hospital in Atlanta area original ER “providers” who didn’t order the diagnostic testing probably are F’d with this disaster.

 

[caligas]

I don’t blame any of these doctors or administrators for doing whatever is necessary to keep themselves out of the Georgia penitentiary

 

[aneftp]

I don’t blame any of these doctors or administrators for doing whatever is necessary to keep themselves out of the Georgia penitentiary

Doesn’t Emory docs have soveign immunity?

 

[Dr. Rude]

Doesn’t Emory docs have soveign immunity?

Not for criminal acts.

 

[aneftp]

Not for criminal acts.

It can become a morale question as well?

Can you withdraw from the case on act of morality. Invoke religious rights as health provider?

Like years ago. I would invoke my catholic faith for abortions cases especially if it interferes with me trying to leave by 3pm cause I had things to do

Invoking religious rights completely messes up with the right wingers on abortion.

 

[chessknt]

Unbelievably evil and cruel. Do we have no decency?

 

[agammaglobulin]

I did a little digging on this. I don't think this unfortunate situation is due to abortion restrictions. Georgia has a law regarding withdrawing life support for pregnant patients "Georgia Code 31-32-9". Excerpt below:

Prior to effecting a withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a declarant pursuant to a declarant's directions in an advance directive for health care, the attending physician:

• (1) Shall determine that, to the best of that attending physician's knowledge, the declarant is not pregnant, or if she is, that the fetus is not viable and that the declarant has specifically indicated in the advance directive for health care that the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration are to be carried out.

Assuming the above is correct, could they abort the baby and then withdraw care? That may come down to abortion laws and laws guiding what a DPOA is allowed to authorize. Can a DPOA authorize an abortion on a patient who lacks capacity? Lots of interesting medicolegal/ethical issues in this case. I'm sure med school swill be studying this in years to come.

 

[nimbus]

I did a little digging on this. I don't think this unfortunate situation is due to abortion restrictions. Georgia has a law regarding withdrawing life support for pregnant patients "Georgia Code 31-32-9". Excerpt below:

Prior to effecting a withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a declarant pursuant to a declarant's directions in an advance directive for health care, the attending physician:

• (1) Shall determine that, to the best of that attending physician's knowledge, the declarant is not pregnant, or if she is, that the fetus is not viable and that the declarant has specifically indicated in the advance directive for health care that the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration are to be carried out.

Assuming the above is correct, could they abort the baby and then withdraw care? That may come down to abortion laws and laws guiding what a DPOA is allowed to authorize. Can a DPOA authorize an abortion on a patient who lacks capacity? Lots of interesting medicolegal/ethical issues in this case. I'm sure med school swill be studying this in years to come.

“As of the writing of this article (January 2025), Georgia’s abortion laws prohibit pregnant women from receiving an abortion once a fetal heartbeat is detected, which typically develops around the 6th week of pregnancy.

There are exceptions for abortion in cases of rape or incest, so long as the violation is reported and proven. In cases of exception, women have up to 20 weeks to receive an abortion. The law also does not prohibit women from receiving care for miscarriages or ectopic pregnancies (a potentially life-threatening condition where the embryo implants outside of the uterus). These are not viable pregnancies and require the care of an OBGYN or ER doctor.“

Seeking an Abortion in Georgia? Here’s What You Need to Know

If you are pregnant and seeking an abortion in GA, it’s your right to know your options. Discover GA’s abortion laws and the info you need to move forward.

www.womensclinicofatlanta.com

 

[VA Hopeful Dr]

I did a little digging on this. I don't think this unfortunate situation is due to abortion restrictions. Georgia has a law regarding withdrawing life support for pregnant patients "Georgia Code 31-32-9". Excerpt below:

Prior to effecting a withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a declarant pursuant to a declarant's directions in an advance directive for health care, the attending physician:

• (1) Shall determine that, to the best of that attending physician's knowledge, the declarant is not pregnant, or if she is, that the fetus is not viable and that the declarant has specifically indicated in the advance directive for health care that the declarant's directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration are to be carried out.

Assuming the above is correct, could they abort the baby and then withdraw care? That may come down to abortion laws and laws guiding what a DPOA is allowed to authorize. Can a DPOA authorize an abortion on a patient who lacks capacity? Lots of interesting medicolegal/ethical issues in this case. I'm sure med school swill be studying this in years to come.

Seems to be it would hinge on what kind of viability we're talking. If its "mom brain dead, fetus dead" that's easy. If the non-viability is just because of gestational age it seems like that might get trickier. I would agree that the logical thing would be to say "not viable, withdraw care" but I also wouldn't put my license/freedom on the line to be the test case.

 

[Ronin786]

I think the more interesting thing is the concept of a dead person giving birth to a living human.

 

[DocMcCoy]

I think the more interesting thing is the concept of a dead person giving birth to a living human.

Digging into some case reports. Crazy read.

https://pmc.ncbi.nlm.nih.gov/articles/PMC8141338/

A brain-dead pregnant woman with prolonged somatic support and successful neonatal outcome: A grand rounds case with a detailed review of literature and ethical considerations - PMC

There are increased reports in the medical literature of brain death during pregnancy. In these rare cases, the decision was either to consider discontinuing homeostatic support and mechanical ventilation with an understanding that the fetus then ...

pmc.ncbi.nlm.nih.gov

https://www.ajog.org/article/S0002-9378(21)00101-0/abstract

Brain Dead and Pregnant

The presence of pregnancy in a brain-dead woman is a rare circumstance. We present a case of a 31-year-old woman who was 22 weeks pregnant at the time of diagnosis of brain death after intracranial and subarachnoid hemorrhage. After a multidisciplinary approach, the decision was made to continue...

www.cureus.com