The Right to Fight Act

 

A Petition for Patient Rights, Medical Accountability, and Reform of End-of-Life Determinations

 

The Issue

 

The Right to Fight Act seeks urgent reform of laws governing end-of-life determinations, patient rights, and medical accountability in the United States.

 

Across the country, families have reported cases in which loved ones were declared “brain dead” despite exhibiting signs of life, neurological response, or later recovery. These cases raise serious concerns about the accuracy, application, and legal consequences of the current definition of brain death, particularly when combined with organ donation protocols and limits on medical liability.

 

The Right to Fight Act calls for reform to ensure that no patient is prematurely declared deceased, that families retain meaningful rights, and that medical institutions are fully accountable for negligence or error.

 

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Core Reforms Requested

 

1. Reform or Removal of the Legal Definition of “Brain Death”

 • Reevaluate and reform the use of “brain death” as a legal determination of death.

 • Require stricter diagnostic standards, independent confirmation, and transparency.

 • Recognize documented cases of neurological recovery following brain-death diagnoses.

 • Ensure that uncertainty or dispute defaults in favor of preserving life.

 

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2. Restoration of Medical Decision-Making Rights to Next of Kin

 • Guarantee that next of kin retain full medical decision-making authority when a loved one is declared brain dead.

 • Prohibit hospitals from unilaterally withdrawing care while disputes exist.

 • Protect families from being overridden due to organ donor registration alone.

 

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3. Informed Consent & Oversight in Organ Donation

 • Strengthen oversight of the Uniform Anatomical Gift Act (UAGA) as applied in Texas.

 • Require current, verified consent, not reliance on outdated donor registrations.

 • Ensure families are fully informed and retain the right to challenge determinations prior to procurement.

 

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4. Prohibition of Practices That May Interfere With Accurate Neurological Assessment

 • Prohibit the administration of sedatives, paralytics, or respiratory-depressing drugs for the purpose of conducting brain-death or apnea testing unless medically necessary and independently reviewed.

 • Require full disclosure of all medications administered prior to neurological testing.

 • Suspend or reform the apnea test when safer, non-harmful alternatives exist.

 

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5. Medical Accountability & Access to Justice

 • Reform Texas tort laws to allow families harmed by medical negligence to seek justice without arbitrary damage caps.

 • Allow civil actions for medical malpractice involving end-of-life determinations to proceed based on evidence, not procedural barriers.

 • Ensure hospitals and providers are held accountable for negligent or reckless actions.

 

“Texas tort reform has made it prohibitively difficult for injured patients to pursue legitimate medical malpractice claims, even in severe cases.”

— Marc Stewart Law

 

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Why This Matters

 

Patients deserve the right to fight for life, families deserve the right to be heard, and medical institutions must be transparent and accountable.

 

Medical science evolves. Laws must evolve with it.

 

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Supporting Documentation

 • Public survivor accounts and case summaries documenting recovery after brain-death diagnoses

(See: www.TruthAboutOrganDonation.com

 

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Our Call to Action

 

We call upon Texas legislators and lawmakers nationwide to:

 • Open hearings on brain-death determinations

 • Reform patient-rights protections

 • Strengthen oversight of organ procurement practices

 • Restore access to justice for families harmed by medical negligence