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If it's already been declared she's no longer alive, i think the writing is on the wall and they're going to have to make that decision. >> i don't agree with you that the family has to make the decision. this is a tragic, sad story. i feel horrible for everybody involved, especially for the family of this 13-year-old girl who went in for something that seemed to be fairly routine and simple and then this tragedy happens. doctors, as we said earlier, don't have a duty to treat the dead. my sister's a doctor. i asked her why. she said, because there's nothing more that you can do for the body. ...

And examinations by outside physicians not associated with children's. all five practitioners have unanimously agreed that ms. mcmath is brain dead and her condition is irreversible. yet, jahi's uncle, who posted this photo online of his grasping her hand, told the san jose mercury news the family attorney has given a video to the hospital that shows jahi reacting to her mother's voice. >> this child is moving. there can be an argument about brain death or not, but her heart is beating, and today she was moving when her mother was talking. >> and of course our hearts go out to the mcmath famil...

Level of denial is understandable due to the fact this poor girl went in for a tonsillectomy and came out deceased. >> all right, david. but the hospital's making this decision or the state of california's making this decision? >> the hospital is making the decision based on their three experts initially making a declaration of brain death. and then an expert appointed by the court coming in from stanford university, a neurologist, also confirmed that declaration of brain death. this is the hospital -- under the law it's the hospital's right to do this. the hospital is not required legally to ...

We all pause and we say how could it happen? and then of course the family from the human he wielement thet to exhaust all resources and possibilities which goes to your question, john, and that is that, yes, legally is brain death the sale as cardiac death? apparently it is the same and it's on that basis that the judge said that the hospital is in their rights to do it. however, as you though, the family has turned to california as well as new york to look for other types of approaches that could happen here. if that's going to happen, however, they would 0 have to exhaust the resources of a...

Jahi. >> adam, thank you. watching the clock in oakland. what does this law say about this young woman's fate? defense attorney david wool with me now. david, good morning to you. >> good morning, bill. how are you? >> i'm doing fine. it's the afternoon here in new york. force of habit on that, my apologies. what can the family do, if anything, at this stage? >> well, bill, you know, adam referred to the facilities that were prepared to take the young lady, but the reality is, bill, in california once there's a declaration of brain death, the insurance coverage is cut off. there's not a carrie...