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Posted on September 25, 2018 at 4:00 AM

Nevada amended its brain death statute, last year, to clarify some ambiguities in how brain death is determined. But in an apparent legislative compromise, Nevada also amended the statute to address pregnant patients.

“Organ-sustaining treatment must not be withheld or withdrawn from a person . . . who is known to the attending physician to be pregnant, so long as it is probable that the fetus will  develop to the point of live birth with continued application of organ-sustaining treatment.”

But this mandate does not change the legal fact that the pregnant patient is dead. That surely means that her health insurance benefits have ended. Coverage for the baby will not begin until it is born. So, who pays for this continued organ-sustaining treatment?

Since at least one nearby California case struggled with this insurance coverage issue (discussed in this Probate & Property article), it is too bad the statute fails to answer this question. 

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