Erick Munoz, the husband of brain-dead pregnant Texas woman Marlise Munoz, is suing John Peter Smith Hospital in Fort Worth because they are refusing to allow him to take his wife off of life support. Erick and Marlise's family have insisted that being on life support is against her wishes as she's made it clear that she would not want life support if she was ever in this situation.

The lawsuit was filed on Tuesday in state district court requesting that a judge order the hospital to remove life support for Marlise, who was 14 weeks pregnant when she was found unconscious on Nov. 26. The cause of Marlise's condition is unknown, but one possibility is a blood clot.

The hospital argues that state law prohibits life-saving treatment from being denied to pregnant patients, citing, the Texas Advance Directives Act that reads: "A person may not withdraw or withhold life-sustaining treatment under this sub-chapter from a pregnant patient." However, experts who are familiar with Texas law have countered that statement saying that JPS Hospital is "incorrectly applying the terms of law" considering that Marlise is considered both legally and medically dead. Erick, himself, said that he was told that his wife is considered dead. The Munozs' positions as paramedics meant that they were familiar with end-of-life issues.

"Marlise Munoz is dead, and she gave clear instructions to her husband and family -- Marlise was not to remain on any type of artificial 'life sustaining treatment', ventilators or the like," the lawsuit said. "There is no reason JPS should be allowed to continue treatment on Marlise Munoz's dead body, and this Court should order JPS to immediately discontinue such."

Jessica Hall and Heather King, Erick's lawyers, are asking for an expedited answer. No hearing has been scheduled. J.R. Labbe, the hospital spokeswoman, directed questions about the lawsuit to the Tarrant County District Attorney's office, where the spokesperson Melody McDonald Lanier declined to comment and said that attoneys are reviewing the case. In the past, Labbe stated that this was not a difficult decision because they were "following the law."

Though the hospital has been monitoring the fetus, Erick does not know how healthy the fetus will be considering Marlise's circumstances. BMC Medicine Journal featured an article in 2010 which found 30 cases of brain-dead pregnant women over 30 years. Nineteen of them reported results; of those cases, 12 viable children were born, all of whom developed normally, according to the report.