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Husband Battling Medical System and State of Texas to Let Pregnant Wife Die

A Texas man is fighting the medical system and the state for the right to end his pregnant wife's life, which he says is what she wanted. Texas law, however, states that the woman must be kept on life support until the fetus is viable and can be delivered via cesarean section.

Erick Munoz returned home and saw his wife, Marlise, unconscious on the floor of their home in Fort Worth. He used his training as a paramedic and administered CPR, then called 911. Marlise was 14 weeks pregnant at the time and put on life support. She has been on machines since Nov. 26, but Erick wants his wife to be removed from them in accordance with her wishes.

"We knew what her wishes were," he told WFAA News. "As the days have gone by, the images are becoming more permanent in my head. You just never think it's going to be you."

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Marlise, a paramedic, lost her brother four years ago, leading to discussions within the family about extensive measures to prolong life. Her mother agreed with Erick that her daughter would not have wanted to be kept alive and on life support for so long. Yet because of her pregnancy, they have no choice.

"Section 166.049 Pregnant Patients. A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient. I understand under Texas law this directive has no effect if I have been diagnosed as pregnant," the code preventing the Munoz family from taking Marlise off the machines reads.

"I don't agree with this law … I don't. It's hard to reach the point where you wish your wife's body would stop," Erick said.

Right now doctors perform daily tests on the fetus to ensure it is still alive, and so far, they have been able to find a healthy heartbeat. But that is the extent of all they know. There is no way to tell yet if there is brain damage due to a lack of oxygen, or if the fetus will survive being born via cesarean. Nothing will be known further until the fetus reaches 24 weeks, in mid-February; doctors have talked about allowing the fetus to remain inside Marlise's body until it reaches full gestation.

"They don't know how long the baby was without nutrients and oxygen," Erick said. "But I'm aware what challenges I might face ahead."

He is already the father of a 1-year-old son and faces the challenge of being a single father.

"We have families every day that face really difficult decisions when it comes to the care of their loved ones and we would have the same response," hospital officials told ABC News. "We follow the law."

Watch a video of the family's situation here:

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