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Bioethics Keyed to Clark, 9th Ed.
In re T.A.C.P.
Citation:
609 So. 2d 588 (Fla. 1992)Facts
During the eighth month of pregnancy, the parents of T.A.C.P. were informed that their child would be born with anencephaly, a fatal birth defect characterized by the absence of cerebral hemispheres and the back of the skull. Despite this diagnosis, the parents continued the pregnancy to term and agreed to a caesarean section with the hope that their daughter’s organs could be donated to other sick children. When T.A.C.P. was born, she had only a brain stem, with the back of her skull entirely missing and the brain stem exposed. Although incapable of developing any cognitive processes, T.A.C.P. could breathe independently and had a heartbeat. When the parents requested that she be declared legally dead for organ donation purposes, healthcare providers refused due to concerns about potential liability. The parents then sought judicial intervention, but the trial court denied their request, finding that Florida law would not permit a determination of legal death while the child’s brain stem continued to function.
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