Prolonging the life of a brain-dead pregnant mother to save her foetus

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2022

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Khathi, Wamkelwe Zekhethelo Noluthando

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Abstract

Objective: To defend the claim that it can be morally justified to withdraw life-support to a brain-dead pregnant woman before the foetus is viable for a live birth using the following arguments: that preserving the mother’s life to save her foetus may be an infringement on her human rights and bodily integrity, that it can be morally justified to withdraw life-support to a brain-dead pregnant mother as the likely harms of continued life-support outweigh the benefit, and that life-support is a scarce and expensive resource. Methodology: This is an ethico-legal bioethics study as it will be assessing the South African law and related guidelines regarding the treatment of brain-dead pregnant women with reference to ethical principles and concepts. Conclusion: Life support is a scarce and expensive resource, and it can produce many complications for a maternal brain death patient. Prolonging the life of a maternal brain death patient using life support measures can violate her legal and ethical rights to autonomy, bodily integrity and human dignity. Therefore, I argue that it is ethically justified to withdraw life support from a brain-dead pregnant woman before her foetus is viable for a live birth.

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A research report submitted in partial fulfilment of the requirements for the degree of Master of Science in Medicine (Bioethics and Health Law) to the Faculty of Health Sciences, School of Clinical Medicine, University of Witwatersrand, Johannesburg, 2022

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