‘It’s torture’: Hospital forces brain-dead pregnant woman to stay on life support until her fetus can be delivered under state’s ‘heartbeat’ law

A Georgia mother told a local news outlet that her pregnant daughter was declared brain-dead in February, but the state’s anti-abortion laws are forcing her to stay on life support until her fetus can be delivered.

The mother of Adriana Smith, 30, spoke with WXIA, a local NBC affiliate, to share a story that they call “torture.” April Newkirk told the station that when her daughter was nearly nine weeks pregnant in February, she began experiencing severe headaches and went to the hospital. Hospital staff sent Smith home with medication — no CT scan, no further observation, Newkirk said.

The next morning, Smith’s boyfriend woke to find her gasping for air and gurgling, and he called 911. When she arrived at the hospital, a CT scan revealed several blood clots in her brain.

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Newkirk told WXIA that if her daughter had received a CT scan or been admitted to the hospital when she first went in, “they would have caught it. It could have been prevented.”

Doctors asked for Newkirk’s permission to perform a procedure to relieve pressure on her brain, and she granted it. “Then they called me back and said they couldn’t do it,” Newkirk told WXIA.

Smith was declared brain-dead, with no hope of recovery. However, because she was almost nine weeks pregnant, Georgia’s so-called “heartbeat law” forbids the medical termination of a pregnancy after a fetal heartbeat can be detected, which can be as early as six weeks of gestation. And because Smith is no longer seen as being at risk because of her lack of brain activity, she is being forced to stay on life support until her fetus is considered viable, possibly until 32 weeks of gestation. Smith is reportedly 21 weeks pregnant as of this writing.

Newkirk told WXIA, “It’s torture for me. I see my daughter breathing, but she’s not there. And her son — I bring him to see her.” WXIA reported that Smith’s young son believes his mother is simply sleeping.

The station reported that the medical staff informed Newkirk that the family legally has no say when it comes to her daughter’s treatment.

As for Smith’s fetus, doctors said that the unborn child already has water on the brain and may be born with severe health issues. Newkirk told WXIA, “[H]e may be blind, may not be able to walk, may not survive once he’s born.”

Newkirk stated that while the family may not have chosen to end Smith’s pregnancy, the trauma of not having a choice is something that has only made the tragic situation worse for them. She told WXIA, “This decision should’ve been left to us. Now we’re left wondering what kind of life he’ll have — and we’re going to be the ones raising him.”

To add to their pain, the longer the hospital keeps Smith alive, the more tenuous their financial situation becomes. Newkirk said, “[E]very day that goes by, it’s more cost, more trauma, more questions.”

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