Although Smith was legally and medically declared brain-dead—meaning she was considered deceased—ethical considerations around autonomy can still apply after death. For example, the U.S. has strict consent laws regarding organ donation that reflect a respect for individual wishes, even posthumously. In situations where a patient, including a pregnant one, is no longer able to communicate, a proxy decision-maker—often a close family member—is typically responsible for making decisions about continuing or withdrawing care based on the patient’s known values and preferences.
Some may argue that a fetus, though unable to speak for itself, should be granted a degree of autonomy as well. However, in such cases, it would still be the responsibility of the fetus’s next of kin—not the doctors—to act as a proxy decision-maker.
Despite this, Newkirk told reporters that before her grandson Chance was born, she had no input in decisions about her daughter’s body or the pregnancy. The doctors at Emory simply followed what they believed the law required. Read More
