bold/underlined bm - I respectfully disagree. I very much like the way the Japanese approach this situation, outlined in a pdf case file linked a couple of pages back. In Japan, families are allowed to choose what they define as true death - brain death, or when the heart stops beating. I find that so respectful and much more humane than saying people have to follow what others have decided death is. There is no need to judge someone that feels that brain death is not yet real death and chooses to wait until the heart finally stops as well! For some people this slow form of letting go might be much easier to deal with, the grief less of a paralyzing shock.
Below is a link to a physicians discussion on how they have handled families that has been resistant to removal of the ventilator in brain dead patients. I had to skirt over the parts where they talk about organ donation, because it wasn't applicable in Jahi's case. In fact one physician notes that most that are against brain death as death, aren't open to organ donation anyway.
There are a couple things I want to mention. CHO allowed for Jahi to remain on the vent for a significant longer period of time, than other hospitals do. I believe they kept her on the vent for around a week, in ICU for the family. They did this on their own, before there was court intervention.
The other thing I would like to note, is in most other cases where hospitals have allowed the brain dead to remain on vents until the heart gives out, it usually occurs within a couple days. The reason why it doesn't prolong like Jahi, is because hospitals will in most cases, not provide vasopressors and other medications. CHO most likely could have withdrawn fluids and stopped administering medications once brain death was determined but they didn't. If some feel that CHO wanted her to die, to cover something up, then they would have withdrawn these measures but they didn't. That shows me that CHO was being very empathetic towards the family in allowing them extra time.
There is no medical necessity for operating on, putting a variety of medications into the body or feeding a deceased person. Doing these things to the body of a deceased person serves no useful purpose. The attorney and family, wanted to force CHO to go to these measures that are not done in hospitals anywhere. They also wanted CHO to keep her in ICU indefinitely, and provide her with care that is not medically necessary (she's deceased).
There are live patients that doctors can help and save that need those beds and care from the medical staff. It makes absolutely no sense to put resources in caring for a deceased body indefinitely.
A families denial or whatever motivation there may be, should not interfere with the care of the living. The primary responsibility is to the patients. Jahi, being deceased, is no longer a patient and she would have passed with cardiac failure quickly without fluids and vasopressors.
If families that don't want to accept brain death as true death and want extraordinary measures taken, then they have to get a court order like the McMaths did. They have to find others that are willing to perform the surgeries, provide care and come up with the funds necessary in order to do so. Most cases I have been able to find are of families that have taken loved ones home to die. I have not found any case where they have gone to the extent that has been done here, in order to preserve the body and keep the heart beating indefinitely, with the exception of the Japanese case study that I linked. It is an old document and I highly doubt that even in Japan they go to these links at this time.
Here is the physician discussion:
http://www.ccm-l.org/discussion1/Ethics/uncoop.html