Family wants to keep life support for girl brain dead after tonsil surgery

No she's dead as the machines are doing all the work, not her own body.
 
DeafDucky said:
No she's dead as the machines are doing all the work, not her own body.
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Right. Its just a disagreement regarding measurment.
My sister is a diebetic.
Take away her insulin she is dead fast.
She is dead without the intervention of medical technology via insulin shots. There is no doubt what so ever she will die without her daily intervention.
Im just saying plenty of people are as good as dead without daily medical intervention. Most people it seems one way or another these days...
Its one of measurment thats all.
Im not convinced of the brain dead idea anyway...we have had brain dead people come back, after being declared as such.....
Just saying
Mmmmmmmm
 
ahh true but it seems like in this girl's case there was a measure of her brain activity and it showed nothing. I suppose that's the basis of their lawsuit though whether or not they were correct or erroneous in declaring her death.

But after- what has it been... a year, it does start to feel like she is dead and will never make any further improvement and put a drain on finances not to mention the emotional health of the family (surprised it hasn't by now to be honest).
 
DeafDucky said:
ahh true but it seems like in this girl's case there was a measure of her brain activity and it showed nothing. I suppose that's the basis of their lawsuit though whether or not they were correct or erroneous in declaring her death.

But after- what has it been... a year, it does start to feel like she is dead and will never make any further improvement and put a drain on finances not to mention the emotional health of the family (surprised it hasn't by now to be honest).
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Yeah, this is like one of those cases where a baby is born with extreme profound brain defects, like anacephaly or severe holoproscencelphy,(meaning the kid is ALWAYS ALWAYS extremely profoundly affected) and the parents are really in denial about how affected the kid is and push aggressive intervention. Meanwhile the kid is pretty much a vegetable.
 
I guess there were no new reports from the family. Still waiting about their response. :hmm:
 
Read the date of the article. It was posted yesterday.

Bebonang said:
Calvin, I think this post was old news from last year (2014) about suing the Oakland hospital about the death certificate and thought that the doctors made the mistake that their daughter was brain dead but still alive with the breathing machine going for her. :hmm:
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Reba said:
What do you mean "guaranteed?"
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I thought you supposed to know about US Constitution.

under US Constitution (Sixth Amendment).

For civil case, it isn't guaranteed that they will be jury trial.
 
Foxrac said:
I thought you supposed to know about US Constitution.

under US Constitution (Sixth Amendment).

For civil case, it isn't guaranteed that they will be jury trial.
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I was asking what you meant by "guaranteed" in your post, not what the Constitution meant. That is, were you referring to the guarantee of speed or the guarantee of trial by jury.

The Seventh Amendment covers civil suits.

A person filing a civil suit has a right to a jury trial.

"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
 
Reba said:
I was asking what you meant by "guaranteed" in your post, not what the Constitution meant. That is, were you referring to the guarantee of speed or the guarantee of trial by jury.

The Seventh Amendment covers civil suits.

A person filing a civil suit has a right to a jury trial.

"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
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I suppose he meant that jury is used only in criminal court, not civil court.
 
Jiro said:
I suppose he meant that jury is used only in criminal court, not civil court.
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That would be incorrect. Juries are used for civil suits. In fact, my grandson was jury foreman for a civil court trial yesterday.
 
Reba said:
That would be incorrect. Juries are used for civil suits. In fact, my grandson was jury foreman for a civil court trial yesterday.
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There was a jury in a civil suit against OJ so you are right.
 
Jahi McMath’s family marks 15th birthday amid continued fight

Jahi McMath’s relatives celebrated her 15th birthday over the weekend, as they remained embroiled in a lawsuit they filed after an Oakland hospital declared the girl legally dead in December 2013.

Jahi went into cardiac arrest after a doctor at UCSF Benioff Children’s Hospital removed her tonsils and adenoids as well as excess throat tissue to treat sleep apnea. Despite the Alameda County coroner issuing a death certificate, her mother insists she is alive and had her moved to an undisclosed location in New Jersey, where she remains on a ventilator to keep her heart beating.

“Happy Birthday Sweet Jahi, may you live to see many many more years and keep healing as He has written out your life, and ACCORDING TO HIS WORD, YOU SHALL LIVE,” says a Facebook post from the family’s page, titled Keep Jahi McMath on Life Support.

The post includes a photo of Jahi with newly braided hair, and encourages supporters to send cards to a post office box in Somerset, N.J.

The milestone came on the heels of Alameda County Superior Court Judge Robert Freedman ruling last week that Jahi’s mother, Latasha Winkfield, can present evidence that her daughter is alive. As it stands, a wrongful death lawsuit would be subject to California’s $250,000 cap for medical liability and awarded as compensation for a parent losing a child.

If, however, the court rules Jahi is alive, the compensation will be awarded to Jahi for destruction of quality of life, which is also capped at $250,000. But in this case, Jahi may be entitled to additional funds for future medical care and loss of earning capacity, said Bruce Brusavich, an attorney representing the family. There is no current estimate for how much Jahi could be awarded, he said.

Freedman said the family cannot claim negligent infliction of emotional distress based on the surgery performed by Dr. Frederick Rosen, because they were not present in the operating room. Claims must be based on hospital treatment observed by Winkfield after the surgery, Brusavich, said.

He said there is a presumption Jahi is deceased based on the death certificate, which the family will have to overcome. “If something happens, and the life support is terminated, then the case will proceed in the alternative as a wrongful death,” Brusavich said.

The attorney said that if Jahi deteriorates, the family will remove the ventilator.
Although the girl’s family and attorneys have released videos showing Jahi moving in response to her mother’s requests, Dr. Heidi Flori, director of the hospital’s pediatric intensive care unit, dismissed the motions as spinal and muscular reflexes.

A continued case management conference is scheduled for Dec. 11.
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http://www.sfgate.com/bayarea/article/Jahi-McMath-s-family-marks-15th-birthday-amid-6591934.php
 
The Karen Quilen case parents wanted it all turned off.Doctors after lengthy legal work got there wish but Karen carried on breathing she must be dead now.i thought Karen's case made all this a presedence
 
caz said:
The Karen Quilen case parents wanted it all turned off.Doctors after lengthy legal work got there wish but Karen carried on breathing she must be dead now.i thought Karen's case made all this a presedence
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yes Karen Quinlan died in 1985. She lived for 9 years after they disconnected her from the ventilator. Her case did change a lot of things related to care, rights and the right to die.

Quinlan's case continues to raise important questions in moral theology, bioethics, euthanasia, legal guardianship and civil rights. Her case has affected the practice of medicine and law around the world. A significant outcome of her case was the development of formal ethics committees in hospitals, nursing homes and hospices.
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https://en.wikipedia.org/wiki/Karen_Ann_Quinlan
 
Did made international news all sad situation
In those parents situation its hope you hear of some that wake up after years but so rare
 
Jahi McMath’s family takes brain-death lawsuit to federal court

The family of Oakland teen Jahi McMath has filed a federal lawsuit to revoke her death certificate after an unsuccessful attempt to do so at the state level, attorneys for the family announced Wednesday.

In the suit, Jahi’s current physician speaks out, claiming that the 15-year-old has shown brain activity several times in her presence in the past few months.

At a news conference at the law offices of Christopher Dolan in San Francisco, Jahi’s mother, Nailah Winkfield, addressed the media in an online video from New Jersey, insisting her daughter is alive.

“There’s no way in the world I’d be holding onto a dead person,” she said. “I want her to have the same rights any other disabled child has.”

UCSF Benioff Children’s Hospital officials declared Jahi legally dead in December 2013 following surgery to treat sleep apnea that went wrong.

Jahi, 13 at the time, had her tonsils, adenoids and excess throat tissue removed in a surgery performed by Dr. Frederick Rosen. She initially appeared fine afterward, until blood began to pour out of her mouth and nose. Then she went into cardiac arrest.

Although the Alameda County coroner issued a death certificate, Dolan, who represents the family, said it is not properly filled out or signed by any attesting physician.

Dr. Muntu Davis’ name is printed on it, but Dolan said he was not present at the time it was issued.

On Dec. 24, 2013, Judge Evelio Grillo declared there was “clear and convincing evidence that Jahi had suffered brain death.”

Winkfield appealed the decision but could only negotiate to have Jahi back in her care after the hospital refused to keep her.

With the latest lawsuit, the family wants a declaration from a federal judge to force the Alameda County Coroner’s Office to rescind the death certificate, which will allow Winkfield and Jahi to come back to California for treatment.

Currently, the pair are housed at an undisclosed location in New Jersey, where Jahi is considered alive, thanks to a religious exemption the state allows for those labeled as brain dead.

Winkfield has been able to use Jahi’s insurance to provide for her medical care but was forced to sell her house and deplete her mother’s savings throughout the entire costly process, although legal services remained free.

Sandra Chatman, Jahi’s grandmother, visited them in New Jersey weeks prior to the Wednesday announcement and joined Dolan at the law offices, where she said Jahi was progressing.

“I ask her to give me a thumbs-up, and she does it,” Chatman said. “She’s just doing awesome. I couldn’t be more proud of Jahi.”

Dr. Heidi Flori, director of UCSF Benioff’s pediatric intensive care unit, dismissed the motions as spinal and muscular reflexes.

But Dr. Alieta Eck, Jahi’s current doctor, has made a declaration in the suit claiming that after months of caring for Jahi, she believes the teen is alive.

“While Jahi McMath has suffered a serious, and significant brain injury, and exhibits the presentation of one who has suffered serious brain trauma, and exhibits signs and characteristics of serious brain damage, Jahi McMath is not dead,” Eck stated. “She exhibits signs of brain function.”

Jahi has entered puberty, developing breasts and underarm hair and starting her period. Puberty can only happen when the hypothalamus, which is part of the brain, releases hormones. Jahi’s hypothalamus is still working, Eck said, which means she still has some brain function.

The complaint, filed Wednesday, claimed a number of Jahi’s constitutional rights have been violated, including rights outlined in the Fourteenth Amendment, which provides that no “State (shall) deprive any person of life, liberty, or property without due process of law.”

“This complaint is designed to restore Jahi McMath’s life — to give her the most basic dignity and freedom to be called a human being and not a corpse,” Dolan said.

Now, in New Jersey, Winkfield said Jahi’s days consist of TV, getting her nails painted, and constant phone calls from friends and relatives who give Jahi words of encouragement while her mom holds the phone to her ear.

“I definitely believe that God will heal her,” Winkfield said. “I’ll pull a trigger on myself before I pull a plug on her.”
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http://www.sfgate.com/bayarea/article/Jahi-McMath-s-family-takes-brain-death-lawsuit-6718985.php
 
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