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Law Review: A Proposed Methodology for the Resolution of Conflicts Over Whether a Brain Dead Pregnant Woman Should be Maintained on Life-Sustaining Treatment

By Alliance Alert

Post-Mortem Pregnancy: A Proposed Methodology for the Resolution of Conflicts Over Whether a Brain Dead Pregnant Woman Should be Maintained on Life-Sustaining Treatment Alexis Gregorian, 19 Annals Health L. 401 (2010) "Part I of this article endeavors to directly refute the Piazzi court's first holding by demonstrating that interests are not extinguished upon death; in fact, multiple legal premises rely on the legal fiction that the dead have interests deserving of posthumous protection. This Part concludes that the legal fiction extends to the interests of post-mortem pregnant women in refusing medical treatment. Part II proceeds by exploring two areas of the law in which the interests of pregnant women and the state are in tension: abortion and forced cesarean sections. This Part focuses on the rights and the temporal framework laid out in both the Supreme Court and lower courts' decisions and argues for their applicability in cases of post-mortem pregnancy. Part III articulates a proposed methodology courts should employ in cases of conflict over whether to remove a post-mortem pregnant woman from life-sustaining treatment, drawing on the abortion temporal framework and accounting for a post-mortem pregnant woman's interests, her family's interests, and the state's interests."

Full post as published by Constitutionally Correct on April 26, 2010 (boomark / email).