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Case Shows a Need for Legal Clarity

Case Shows a Need for Legal Clarity
Posted January 28th, 2014 @ 4:52am by KTRH’s Dale Forbis

The Texas case of the brain-dead woman who was pregnant shows a need for more clarity in the law.  South Texas College of Law professor Gerald Treece says the statute involved isn't well-written.  He says he's glad the hospital complied quickly with the judge's order.

“It's one thing to take issues as a matter of law, so the courts can interpret,” Treece says.  “It's another thing when you balance that against the incredible sorrow it would cause both the parents, as well as both the husband and family.”

The court ruled life support should stop last Friday and the machines were turned off Sunday.  Treece says the hospital wasn't in the wrong, it was just trying to avoid breaking the law.

“There's no villain here,” he says.  “The hospital is trying to follow what their lawyers are telling them, because the hospital does not want to be sued.”

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