Kly and DT: What would likely be the predicates for the judge's decision which is stated below"
"An Oakland family whose 13-year-old daughter has been declared brain dead is hoping to celebrate Christmas in the hospital with her after a judge ordered hospital officials to keep her connected to a breathing machine."
Brain death is death, and once brain death is established by unequivocal, objective tests, determined by the best medical standards, the hospital is under no obligation to keep the patient on a ventilator. Brain death is much different than a coma or persistent vegetative state, and essentially the courts are powerless to order that a hospital keep someone, who is brain dead on life support.
It was my understanding that the judge in this case did not grant the petition to maintain the ventilator, but gave petitioners a few days to appeal.
