Brain Death Testing - Do Clinicians Need Consent?

I have repeatedly argued that clinicians do not need consent to conduct brain death testing. They do not need consent in the United States. They do not need consent in Canada. They do not need consent in England. 

But Texas Children's Hospital has been unable to complete testing on Annelise Camp for nearly a month. She drowned on May 25, 2026. But Annelise's parents got a TRO delaying brain death testing until June 5 and delaying withdrawal of technologic support until June 11. The main point of the TRO was to permit transfer. But 36 separate hospitals declined to accept Annelise.  

Texas Children's performed one test. But the parents obtained another court order preventing the second test. The parents then amended their original petition to add constitutional claims. Texas Children's sought a continuance to address the new claims. The Court extended the TRO to June 25, 2026.

While the court never ruled on the merits of consent for brain death testing, it has forced Texas Children's to abstain from testing for nearly a month.