Texas Lawsuit Challenges Who Controls Brain Death Testing
The parents of a 2-year-old girl who nearly drowned on Memorial Day 2026 are suing Texas Children’s Hospital in Houston to block physicians from testing whether she is brain dead. Most legal fights over life support begin after a brain death diagnosis. The Camp family is contesting the testing itself, before any declaration has been made.
Annelise Camp was brought to Texas Children’s following a drowning incident. According to court documents, her parents argue she needs more time to recover and want her transferred to another hospital to explore additional treatment options. Texas Children’s Hospital has stated it wants to conduct testing to determine next steps in her care and that it has no immediate plans to end care for Annelise.
Under Texas law, brain death is defined as the irreversible cessation of all brain function. Once a patient receives that diagnosis, a hospital may legally withdraw life-sustaining measures. The Camp family’s legal strategy targets an earlier point in that process, arguing parents should be able to refuse the assessment itself.
“This is not settled science.”
State Rep. Steve Toth, R-The Woodlands, speaking about brain death testing, June 2026
Texas Attorney General Ken Paxton posted on X that he is “closely monitoring this case and will act to protect this child and honor her parents’ efforts to save her.” Texas Right to Life, one of the state’s most influential anti-abortion and pro-life organizations, has begun working directly with the Camp family.
Bioethics and legal experts quoted in the Texas Tribune say the case could encourage other families to contest brain death testing before a diagnosis is made. That concern is not theoretical. At least one pro-life Texas lawmaker is already drafting legislation to expand existing laws that give patients and families the right to extend life-sustaining services and access experimental treatments.
The practical effect of such laws would be to limit when and whether hospitals can conduct standard neurological testing, shifting authority over a core medical determination away from physicians. For hospitals, that shift would create legal exposure any time a family objects to standard-of-care testing. For families facing similar situations, it could open a new front in end-of-life disputes before a patient is ever declared deceased.
No ruling has been issued as of June 22, 2026. The case remains active in Texas court.
What you can do now
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Call your Texas state representative and senator at (512) 463-4630 (Texas Legislature switchboard) and tell them you oppose any bill that removes a hospital’s authority to conduct standard brain death testing. Ask specifically whether your legislator is co-sponsoring legislation related to the Camp case.
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Contact the Texas Medical Association at (512) 370-1300 and ask them to submit formal opposition to any legislative effort that limits physician authority over neurological assessments. The TMA represents more than 57,000 Texas physicians and has standing to testify in committee.
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Submit public comment to the Texas Health and Human Services Commission at hhs.texas.gov if administrative rulemaking follows new legislation. Watch the HHSC website for notice-and-comment periods, which are typically open for 30 days.
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Contact the Texas AG’s office at (512) 463-2100 and ask what specific legal authority Paxton is relying on to intervene in a hospital-family medical dispute and whether the office has filed any formal motion in the case.
Sources
Texas Tribune: Houston Drowning Tests Whether Texas Law Allows Families to Deny Brain Death Testing
Texas Legislature Online: Texas Definition of Death and Brain Death Statute
Texas Right to Life: Organization Homepage and Mission Statement
Texas Attorney General Ken Paxton: Official X Post on Camp Family Case
Texas Health & Human Services Commission: Patient Rights in Texas