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It's precisely because parents are never going to proceed, what parent would give up. what relative who loved their family members who give up? it's physicians who have to make the call when death comes. you need that independent arbiter to say, the heart has stopped, or the brain has totally ceased to function, that's death. that's what they're expert at, that's what the legislatures give them the ability to do. if we left it up to you and me grieving over our families, who's going to say give up? >> there's another case in texas which is fascinating on a different level. she's been in hospit...

Way doesn't challenge brain death, it simply says a hospital can try to accommodate the acceptance and that's what we're seeing in this case, the family won't accept, it tries to allow for reasonable accommodation in other instances, sometimes you want to wait for the family to come. there's no challenge legally medically or ethically to brain death. >> what about -- let me challenge you, on a human level. if that's your young child, i believe whether it was right for reaction, some reaction to what's being said in a room, i would be doing absolutely everything in my power to try to make a mir...

What relative who loved their family members who give up? it's physicians who have to make the call when death comes. you need that independent arbiter to say, the heart has stopped, or the brain has totally ceased to function, that's death. that's what they're expert at, that's what the legislatures give them the ability to do. if we left it up to you and me grieving over our families, who's going to say give up? >> there's another case in texas which is fascinating on a different level. she's been in hospital since the 26th of november after collapsing a home from a suspected pulmonary embol...

Hospital making the decision. three doctors and a judge have declared jahi brain dead. is it time for a court to step in? >> i can't blame the family for clinging to hope. but there is no hope. brain death is death. this poor child has been dead since december 12th. and to have outsiders come in and exploit what is going on here is appalling. the family should be allowed to mourn but to give them false hope and suggest there is controversy when there is no controversy is tragic. >> is there anything unusual about it? he is saying that the hospital has decided rather than the family deciding? >...

It's not like this is some new innovation. >> what about the issue of family consent, because my understanding is, in new jersey, it may be the only place in america that has this. there is a right of consent that exists for a family in this position to go against the advice of the physicians to turn off life support. so it does exist in new jersey. if they were in new jersey, they could do this legally, why does it not exist elsewhere? >> because there is -- and frankly, i don't know much about the new jersey law. but when you have a situation when a child is dead, the responsibility is for t...