Should the hospital staff honor Mrs Jamison's wishes? What rights do Mr Jamison's parents have in this situation? How should conflicting interests be handled by the hospital?
Suggested completion date: October 31, 2008
Tuesday, October 21, 2008
Bioethics Case Scenario Nine
Read the case study (link via the assignment title above) provided and answer the following questions:
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18 comments:
Since Mr. Jamison had no advance directive stating, it’s easy for me to take side. Do not grant postmortem sperm procurement procedure.
On top of not having a vital legal document, his parents wasn’t aware of his son’s ‘wish’ which raised me a suspicion. Generally speaking, any couple trying desperately to conceive a child usually let the whole world know about their intention.
Mr. Jamison’s parents have a different belief of his son’s fatherhood role. Perhaps Mr. Jamison did expressed a such topic to his parents when he was alive? Whereas his wife’s story is the opposite. The fact is that We Don’t Know.
Disagreement have to be resolved with existing facts or conditions. There isn’t adequate reasoning for any parties (wife, parents, medical staff) to pursue or dismiss postmortem sperm procurement. The point is Mr. Jamison had no advance directive consent, therefore, absent of instruction is the fact, and supersedes all other wishes.
Mrs, Jamison should not get postmortem sperm procurement procedure from her dead husband’s body.
JWK
EDDIE. PRATT
10/28/08
BIOTHICS-SCENARIO #9
Mr. Jamison would be a designated, known, or directed semen donor.
This donor is known to you and his semen will be used to attempt a pregnancy.
It will benefit both parties, they will always have a part of him someone so dear. The wife would have the final say, or you can put it in storage until everyone comes to the same agreement. ( :
Legally speaking, Ms. Jamison's decision should be the valid one. The spouses opinion takes precedient over the parent and the hospitals legally and in all matters medical or not.That being said,the procedure should've been performed with her consent. I know that if something would happen to me that i would want my husband to make the decisions because it is something that we have talked about before and not my parents. How do the others know what might have gone on in private conversations between husband and wife. I dont personally tell my parents about decisions that my husband and I make and I feel that ultimately it is the wife's decision on what happens to her husband and his sperm.
M Longtin
In response to JWK:
I believe that the spouse has the legal right to decide what happens to a spouse postmortem. One example would be Terry Shaivo and her husbands decision. The courts ruled that her husband had the right to take her off life support and that he was ultimately responsible for the outcome. Couldn't this be applied in this same situation?
MLongtin
In this instance, Mr. Jamison's wishes no longer really matter. He's dead now and didn't say anything about it either way. When he died his body basicly became his wife's property and she can do what she wants with it. I don't think that Mr. Jamison's parents have any standing to make any objections, they won't be raising the resulting child. In the case that I'm wrong and they want to sue to stop it, the harvesting should still be allowed because the decision to use the sperm can be made at leisure. There is a time limit for harvesting viable sperm. The hospital should harvest it and if there is any doubt, hold it until the legal process runs it's course. My personal opinion is that if she wants to have a child that way she should be able to.
Greg Dawson
I think that this case is open and shut. The wife has all legal rights period. Just because the parents didn’t know that the couple were trying to conceive doesn’t mean they were. Many couples don’t run every decision by their parents. The situation did not even mention that they were close. The parents could have been very distant and therefore of course would not have known about the couples plans. I do not feel that Mr. Jamison’s parents should have a say in any medical decisions. Besides, don’t you think that they would want something of their son left seeing as how he died at a young age and very unexpectedly?
Kayla Parent
JWK--
Many people die without any advance directives or living wills, and the spouse always has the last word. The couple trying to concieve sometimes does NOT share with the world some people are very private about their affairs and do not want people to get overly excited until it actually happens.
Kayla Parent
Michelle Camping
11-15-2008
I think it would be hard for the hospital to choose, but I am a single parent of two and they are doing just fine. I may be choosing sides based on my personal reasons, but I would do the samething if my husband had died and we had no children. As lond as the reason to have the child wasn't selfish in that she just wants something to remind her of the departed husband.
They should allow the preceedure and let this lady do this and live her life.
Michelle Camping
11-15-2008
Wow jwk sounds like a lawyer. Not everyone expresses that they are trying, do to the rate of miscarrages. Most gynos will tell you to not tell until your 3 months along. Not everything is in writting because simply you dont expect to die. I don't know anyone who puts that in writting except famous people.
I think the hospital staff should honor Mrs. Jamison’s wishes. Mr. Jamison’s parents do not have any rights regarding their son. The parents would do everything their way and not his. Mr. Jamison was a married adult and according to state law his wife is now legally in charge of making his decisions for him. The state made this a law for a reason. Couple’s know each other intimately and would therefore respect the others wishes. I know it sounds harsh but Mr. Jamison is dead and has no say regarding if he would like his wife to be a single parent. I believe if Mrs. Jamison wants to mother his child and will do a good job, as his wife she should be entitled to do so. In the end I think if the hospital follows state laws they won’t be in the wrong.
Amanda Rhoades
Kayla-
I too think its odd the parents wouldn't want a grandchild. I would think it would be a way for them to still have a part of their son with them.
Amanda Rhoades
Legally, Mrs. Jamison is the surrogate decision maker, so she should be able to decide whether or not she gets his sperm. A child would be a wonderful way to help keep Mr. Jamison’ s memory alive, and if they really were trying to have a child before he died, then it may be something he would have wanted. Many healthy happy children are raised by single parents, and as long as Mrs. Jamison is aware of the huge responsibility, I think she should be able to have her late husband’s child.
Erin
This is the first case where I am not sure what I think on it. I believe that if Mrs. Jamison wished to have the sperm to become pregnant I would think she should have it? But then again if the parents of Mr. Jamison are opposed to the idea I think she should put their thoughts into consideration. I think ultimately the decision is up to Mrs. Jamison but I do think she should listen and thinks about other views and points of the situation since she doesn't have her husband there anymore, therefore everything has changed. She wont have a spouse to help her, financially things will have changed, those are only a couple things among others she should put into consideration.
Commenting in JWK
I put something down quite different but you did bring up good things. The fact (and I did think of this but not to a full extent) hat he did not have anything saying that is what his wishes were in case of death, but does anyone think to make some legal documentation saying so, just in case? I have never heard of anyone doing or thinking of doing so. I also thought some people may not want others to know if they are trying for children because they may be having difficulties with it. That is usually something most people don't want to share with anyone. (but not telling his parents is a little different?).
I think Mrs. jamison should be allowed to go through with the procedure. There are plenty of single mothers out there that are doing great with their kids. Don't get me wrong I think a father figure is very necessary but if the mother thinks she can handle it then she should go for it. She can also meet someone down the road who could turn out to be a great step dad. The mother is the only one affected in this situation so I think the decision should be left up to her alone. she knew her husband very well so if she thought that this is what he would want then why not go for it. If you were to speak to her husband before he died I bet he would be thrilled to know that he could still bring a child into the world to carry on his name. Also Mrs. Jamison has just lost her husband so why not give her some kind of hope. Give her something that she can remember her husband by. I know it is not an easy world to raise a child on your own but mothers are successful at it everyday so why not give her a chance.
Joe King
In response to JWK:
I agree that everyone may have known they were trying to have a baby but what I fail to see is why Mrs. Jamison would lie about this. I think if she is going to go as far as asking for his sperm then they most likely had talked about it at some point. I think his wife is closer to him than his parents would be at this point so they should go by her word.
Joe King
I think that Mrs. Jamison should be given sperm to create child. Sadly she lost her husband before they could concieve but the fact that she hasn't lost the chance to have a baby is a great thing. Children are raised in far worse situations these days and a single parent home wouldn't necessary equal a means to an end for the child. I think out of respect as the spouse of Mr. Jamison that Mrs. Jamison should be given rights and allowed to concieve a child.
Shundeen Cadman
Responding to Michelle:
You do need to think somewhat like a lawyer today. I don't expect to die soon and I don't have a whole lot of money, but there are people who depend on me. I have a living will and a family trust dicating what should happen in the case of my death. If you think about it, doing a few simple things can save your family anguish and a ton of money. If I die, my will doesn't go through probate and my family doesn't have to worry about what to do or who will take care of them. That is simple responsibility. I've also left instructions on what to do with me if I'm irreversibley comatose. Your loved ones shouldn't be burdened by your loss any more than they have to be.
Greg Dawson
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