There is broad medical and legal consensus that whole brain death constitutes one of two legal definitions of death. A Harvard Medical School committee first put forth the standard in 1968 and in 1981 a presidential council proposed a uniform statute to be adopted nationwide.
It was endorsed by the American Medical Assn., the American Bar Assn., and the National Conference of Commissioners on Uniform State Laws, which published it as the Uniform Determination of Death Act. California has such a statute. Another presidential council that took up the issue in 2008 reaffirmed that whole brain death is legal death.
However, in their petition for an emergency stay in the state Court of Appeal, the mother and guardian of Jahi McMath contend that the act, as codified in state law, violates her freedom of religion and privacy under the California Constitution.
Singer said the hospital disagrees with that as well as with a separate assertion that Jahi McMath has a "right to life" under federal law.
"The hospital continues to give its deepest condolences to the family and we hope they can come to terms with the death of Jahi McMath," he said.
The family maintains that Jahi is not dead and that she moved her leg and other parts of her body recently.
"I'm so relieved," her great-aunt Monicia Spears, 51, of Hercules said of the extended restraining order outside the hospital Monday evening. "If she is dead, why is her heart beating. Why is her body moving?"
http://www.latimes.com/local/lanow/la-me-ln-jahi-mcmath-20131230,0,3497539.story#ixzz2p1eXZ0x6