I haven't been following this closely-- travelling a lot lately. However, I see 2 separate issues here-- the misdiagnosis of the ectopic pregnancy, and the occurrence of brain death.
I read in one article that she was 12 weeks pregnant, and this was her 8th pregnancy (at least). I'm really, really confused as to how an emergency dept could "miss" a 12 week ectopic-- from my experience, I don't think a 12 week pregnancy can "fit" inside a fallopian tube-- they usually rupture a lot earlier than that, so I have to wonder if it was implanted outside the tube in the abdomen? I just don't understand the circumstances whereby a gravida 8, 12 week pregnant woman, with acute abdominal pain would be sent home from ER with a MSO4 script?? Granted, we have no idea what was done or not done at the hospital, and only have the family's version. But something is very, very wrong with that story, as they have told it. I'd expect a malpractice suit will be filed to find out what happened, and they have every right to that.
And the second issue-- this very unfortunate woman is now brain dead, for several weeks, if I have that right? Tremendously sad-- a real tragedy, as she was quite young at 36. The one article says 5 separate docs have verified the brain death critieria (including the not-required, but definitive intracranial flow studies), so I have no doubt that they are correct, and she is irreversibly brain dead. I wonder if the courts will do what they did in Jahi McMath's case-- allow the family to take her, after initiating a death certificate? It's a good compromise for families who refuse to accept brain death, but it does contribute to setting a disturbing precedent.
Somehow, the states all need to come together to have a consensus conference on what to do in these circumstances of brain death with family refusal of diagnosis, because while rare, there have been so many in the news lately that we need a large scale discussion on this, IMO. Just as we did back in the 70's and 80's on the Uniform Determination of Death Act. I don't think it's good to leave the mechanism for resolving these kinds of decisions in the hands of individual judges and individually filed lawsuits, for the long term, for many reasons.
Dead is dead-- families cannot mandate that CPR/ ACLS be continued indefinitely-- why are dead patients on ventilators different? It's hard for me to understand why some people have trouble accepting brain death, although I certainly understand the shock of the diagnosis in the first hours and days. I would want to see the results myself, to be sure-- I do understand that. Is it just because the patient is warm and pink? Why don't people "believe" in brain death, as actual death?
Is there any indication that this case has anything to do with the malpractice caps on payouts for death, versus disability, in California?