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    Home » Blog » Hospital tells family brain-dead Georgia woman must carry fetus to birth because of abortion ban

    Hospital tells family brain-dead Georgia woman must carry fetus to birth because of abortion ban

    May 16, 2025Updated:May 16, 2025 World No Comments
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    Hospital tells family brain-dead Georgia woman must carry fetus to birth because of abortion ban

    A pregnant woman in Georgia was declared brain dead after a health crisis, and her family claims a hospital’s tight anti-abortion law required her to put her on life support for three weeks so that the baby can develop enough to be delivered. It could be one of the longest for babies with her expected day still more than three months away. Her family is upset that the Georgian law prohibits abortion when heart activity is detected, which forbids family from deciding whether a female person is kept on life help. The restrictive abortion laws that have been implemented in some traditional state since the Supreme Court overturned Roe v. Wade three years ago are among Georgia‘s so-called “heartbeat rules.” According to her mother, April Newkirk, Adriana Smith, a 30-year-old family and nurse, was declared brain-dead in February, which means she is legally presumed to be useless. According to Newkirk, her daughter went to Atlanta’s Northside Hospital after experiencing severe problems for more than three months, where she received treatment and was released. Her fiance called 911 the following morning when she woke up to find her gasping for air. She was diagnosed as brain-dead after being found to have blood clots in her mind. Smith is then 21 months pregnant, according to Newkirk. The infant would probably be killed if breathing tubes and other life-saving devices were removed. On Thursday, Northside did not respond to a request for comment. Emory Healthcare stated in a statement that it “uses consensus from scientific experts, medical literature, and constitutional guidance” to support our providers in making specialized treatment recommendations in accordance with Georgia‘s abortion laws and all other relevant laws. However, it was stated that it was unable to comment on an individual case due to privacy laws. The health and well-being of the individuals we treat remain our top priorities. Because position law forbids abortion after cardiac action can be detected, typically six weeks into pregnancy, Smith’s family claims Watson doctors have informed them that they are not allowed to prevent or reduce the devices that are keeping her breathing. The law was passed in 2019 but did not go into effect until after the 2022 Lewis v. Jackson Women’s Health Organization decision, which opened the door to state abortion restrictions. Twelve states have strict laws governing pregnancy at all stages of pregnancy, while three people, like Georgia, have laws that start in six months. Georgia‘s restrictions, like the others, includes an exception for women who need to have children to keep their lives. Legal and political debates have focused on those instances, including a significant Texas Supreme Court decision from last year that found that the restrictions still applies even if there are significant pregnancy problems. Smith’s family, which includes her five-year-old child, continues to attend her in the hospital. Doctors informed the home that the infant had fluid on his brain and that they were concerned about his health, according to Newkirk. She is carrying my nephew. But he might be deaf, might not be able to walk, or might not be able to live once he is born, Newkirk said. She has no indicated whether Smith’s home wishes to have him taken off life support. Who is empowered to decide these matters? The situation is difficult, according to Monica Simpson, senior director of SisterSong, the lead plaintiff in a lawsuit challenging Georgia‘s pregnancy rules. In a speech, Simpson said,” Her household deserved the right to have the power to make health decisions.” Rather, they have endured more than 90 days of retraumatization, high medical bills, and the violence of being unable to heal and move toward healing. While a few states have laws that particularly prohibit the treatment of a pregnant woman who is dead but exhausted, or mental killed, Georgia isn’t one of them, according to Thaddeus Pope, a bioethicist and attorney at Mitchell Hamline School of Law in St. Paul, Minnesota. He claimed that removing the victim’s mechanical air or other assistance would hardly qualify as an abortion. Additionally, according to Lois Shepherd, a bioethicist and regulation professor at the University of Virginia, continuing care is no legally required in this situation. Since the Supreme Court overturned Roe, which held that babies do not have the rights of people, she said, it is still questionable whether a condition will allow Smith to remain on life support. A newborn didn’t have any freedom before, according to Shepherd. And while the state might not be able to override other crucial freedom, we don’t know, we do not know. What is the outlook for a newborn? The circumstance is similar to one that occurred in Texas more than a decade ago when a brain-dead girl was confined to living aid for about two weeks while she was pregnant. Living help was removed after a judge determined that the doctor was misapplying state law. In childbirth, brain death is uncommon. Even more uncommon are instances where doctors attempt to enhance a woman’s pregnancy after she has been declared brain-dead. According to Dr. Vincenzo Berghella, chairman of parental fetal medication at Thomas Jefferson University in Philadelphia, “it’s a very complicated situation, evidently, not only morally but also medically.” A 2021 review that Berghella and her co-author conducted looked through medical literature for instances where doctors had declared a woman brain-dead and intended to enhance her pregnancy for decades. It found 35. 27 of those gave birth to children, with the bulk receiving either immediate medical attention or regular follow-up tests. Berghella added that the Georgia circumstance was much more challenging because the woman’s pregnancy was less advanced when she was declared brain dead. Before problems forced them to engage in the 35 instances he studied, doctors were able to extend the maternity by an average of only seven weeks. It’s really difficult to keep the family from developing heart failure or infection, he said. Additionally, Berghella discovered a situation from Germany where the woman was reportedly as advanced along as Smith when she passed away when she was declared brain killed at nine weeks of pregnancy. A look at Georgia‘s abortion laws Georgia‘s abortion law grants a fetus identity. According to those who support citizenship, fertilized egg, embryos, and fetuses may be viewed as individuals with the same rights as those who are already born. Democratic sponsor of the 2019 rules, Georgia state senator Ed Setzler, said he backed Emory’s view. According to Setzler,” I believe it is absolutely suitable that the clinic do what they can to save the child’s life.” ” I believe this situation is unusual, but I believe it highlights the value of innocent human existence. I believe the clinic is being polite. According to Schetzler, he thinks it’s possible to take life assistance from a brain dead person, but that the law requires an “appropriate search” because the mother is pregnant. He claimed Smith’s family could choose to adopt the baby, or keep it. The abortion restrictions in Georgia has previously drawn attention. Two Georgian women died last year as a result of improper clinical care after receiving abortion pills, according to ProPublica’s report from last year. The incidents of Democrat Kamala Harris and Amber Thurman were the subject of the Amber Thurman and Candi Miller reports, who both claimed they were the result of the abortion restrictions that came into effect in Georgia and other parts of the country following Dobbs.

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