Ft. Worth hospital denies allegations in brain dead woman suit - Dallas News | myFOXdfw.com

Ft. Worth hospital denies allegations in brain dead woman lawsuit

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John Peter Smith Hospital in Ft. Worth denied allegations in a lawsuit filed against it by the family of a pregnant brain dead woman.

The court filing was made public Friday in a case that has captured worldwide attention.

Marlise Munoz was found unconscious in late November, likely due to a blood clot in her lung, and was hospitalized. She was 14 weeks pregnant at the time of the incident.

Her husband, Erick Munoz, said a doctor told him that his wife is brain-dead. John Peter Smith Hospital has refused to take Marlise off life support, citing a Texas law that prevents it from following a family's wishes when a pregnancy is involved.

The Tarrant County District Attorney's office is representing the hospital in court and filed the denial on Friday.

The lawsuit states that Erick and Marlise, who both worked as paramedics during their marriage, "expressed clearly" to each other and family their desire "not to be resuscitated should either of them become brain dead."

The Ft. Worth hospital points to a part of the Texas Advance Directives Act that reads: "A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient."

Officials also announced the case has been moved to the court of state District Judge R.H. Wallace. The first judge in the case recused herself on Thursday for undisclosed reasons.

No hearing date has been set.

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