Christa Pike’s attorney is asking Tennessee to agree not to attempt another execution after a lethal injection failed to kill her last week.

Steve Ferrell of the Federal Defender Services of Eastern Tennessee said Pike’s attorneys are prepared to discuss commuting her sentence and determining what her future could look like after the botched procedure. “The least that could happen now is that we at least take death off the table and start looking for what the future could be for her,” Ferrell said.

Pike was scheduled to be executed Wednesday for the 1995 murder of Colleen Slemmer. She was administered the lethal injection drug pentobarbital but survived and was taken to a hospital. Ferrell said Monday that Pike remained in critical condition on a ventilator while doctors worked to remove the drug from her system. Her long-term prognosis remains uncertain, and she may face lasting medical or cognitive complications.

“It may still be a long time before she’s able to participate in the legal process,” Ferrell said. “We don’t really know the prognosis yet and may not know for several days.” He has not seen Pike since she was hospitalized. “If she recovers, she may not fully recover. And there may be issues about her competence. We just don’t know any of this.”

Although failed executions have historically not prevented states from carrying out later attempts, Ferrell is seeking to make Pike’s case an exception and said her attorneys are willing to discuss the matter with the governor or whoever can make that decision.

Tennessee officials have not announced what will happen next. Corrections Commissioner Frank Strada is set to resign later this month after a second failed execution under his oversight. Gov. Bill Lee has halted executions for the time being. Republican Sen. Marsha Blackburn, who is running for governor, has said she would seek to execute Pike if elected while calling for changes to the state’s protocol, including a return to the electric chair.

The immediate questions remain whether Pike will recover sufficiently to participate in further legal proceedings and whether Tennessee will ultimately seek another execution attempt.