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Legally she's in limbo. The parents can't sue them for killing her, because they say she's not dead. They can't sue for her care, because the State says she's dead. She is in limbo.
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Originally Posted by Spazkat9696
No she's not in limbo. A death certificate was issued in CA.
I think trishguard makes a good point. If they sue the hospital for a wrongful death, they are essentially admitting that the child is dead, which is contrary to the arguments that the family has been making.
However, it looks like they are taking a different route, and suing for "medical negligence," according to SFGate.com:
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The lawsuit, filed in Alameda County Superior Court, accuses surgeon Frederick Rosen of recommending a “complex and risky surgery.” During the procedure on Dec. 9, 2013, Rosen noted that Jahi had a congenital condition that would put her at risk of hemorrhaging, but he failed to notify nurses and other doctors who would be taking care of her afterward, the suit alleges....The cardiac arrest lasted for more than two hours, leaving Jahi severely brain-damaged and dependent on life support, said the family’s attorney,
Essentially, it looks like the family is alleging that the nurses were not aware of some of her risk factors, and that the physician/hospital staff did not react quickly enough to the cardiac arrest. They allege that this negligence resulted in severe damage to her brain. Perhaps they intend to argue that informed nurses and a quicker response would have prevented the brain damage altogether.
Whether or not she is legally dead may not be a salient point, if the family is simply suing based on the fact that she suffered brain damage. Clearly, no one can dispute that the incident causes severe and irreversible brain damage.
It is impossible for the public to pass judgement on the hospital, since federal law prohibits them from releasing clinical information about McMath's care. I am sure much of this information will come out during the trial, though. The hospital and the physician have a right to use the clinical data to defend their actions and decisions.
It is impossible for the public to pass judgement on the hospital, since federal law prohibits them from releasing clinical information about McMath's care. I am sure much of this information will come out during the trial, though. The hospital and the physician have a right to use the clinical data to defend their actions and decisions.
Good point, and because of this we have heard absolutely nothing apart from the family's story.
I see they have over 63K in their Gofundme account. I refuse to link to it here as I really disagree with their actions.
Go back and look toward the start of the thread and you'll see it. She was in recovery when a family member, who is a nurse somewhere else, fed her. This caused bleeding. This was not going to be an easy recovery to start. She was a very unhealthy, obese, child who needed surgeries related to those conditions. There was a planned ICU recovery period so I'm positive the parents were made aware of the possibility of death. It sounds horriable but I think they are looking to blame someone else, rather than themselves. If she had a healthier lifestyle she wouldn't have required the surgery to begin with.
i have looked into this claim. it is hearsay. also, the whole idea that the parents are solely at fault for her current state is simply more victim blaming. if her size/diet was an issue, it is the medical professionals who ultimately should have made the decision not to operate. i don't believe her mother is a doctor or a nutritionist.
I am not convinced that the parents are to blame for her death. I am, however, fairly convinced that the parents were advised that this was a high risk procedure, and that the parents consented to the surgery after being informed of the risk. I am sure the informed consent that was signed by the parent(s) will be admitted as evidence to prove that the parent(s) elected voluntarily to proceed after by being informed of the risks (including death.)
i have looked into this claim. it is hearsay. also, the whole idea that the parents are solely at fault for her current state is simply more victim blaming. if her size/diet was an issue, it is the medical professionals who ultimately should have made the decision not to operate. i don't believe her mother is a doctor or a nutritionist.
Supposedly, there were witnesses who saw a family member feeding her bites of a hamburger, if that is true, it will come out in court.
If it is true that the lawsuit is worded in such a way as to place the blame on the nurses for not acting quick enough after she started to hemorrhage......it sounds like the family is trying to skirt the issue of what caused the hemorrhage.
As in, it doesn't matter why she started to hemorrhage, what matters is if medical personnel had responded properly, the girl wouldn't be in the condition she is today.
If, in fact, the family did feed her against doctor's orders, it will be interesting to see how this all plays out.
i have looked into this claim. it is hearsay. also, the whole idea that the parents are solely at fault for her current state is simply more victim blaming. if her size/diet was an issue, it is the medical professionals who ultimately should have made the decision not to operate. i don't believe her mother is a doctor or a nutritionist.
Ultimately it was her parents decision to authorize the surgery. They seem to be claiming they weren't given all of the information to make that decision.
Ultimately it was her parents decision to authorize the surgery. They seem to be claiming they weren't given all of the information to make that decision.
Hmm, well, to get personal, I recently had a major operation done last fall. I am overweight and have asthma. Overall, I'm fairly healthy (no high BP, apnea, other risk factors) beyond those issues. Still, I was CONSTANTLY reminded of the risks of this surgery, the exact procedure being done, risks of anesthesia, especially for an overweight asthmatic like me, etc. I was given a thick manila envelope full of information, had to schedule both a pre-op appointment w/ the main doctor performing the operation and my own PCP days before to clear me for the procedure and make sure I understand everything. I knew of the complications that could and did occur and the proper ways to treat them and care for myself post-op.
This was just for me. I don't have any children, but I can GUARANTEE you that, if my child needed an operation, I would make sure I understood every single detail before proceeding. I can't imagine, given Jahi's particular health issues, that the doctors didn't sit there w/ her parents and explain everything to them. This was NOT, despite initial claims, a routine procedure. Now, whether or not the parents read any of the paper work that very likely signed, I don't know, but I can't imagine an argument where they can claim they didn't know what they were getting into.
Personally, I think it's telling, that, according to the linked article, the SOL to sue was just about to run out...
Hmm, well, to get personal, I recently had a major operation done last fall. I am overweight and have asthma. Overall, I'm fairly healthy (no high BP, apnea, other risk factors) beyond those issues. Still, I was CONSTANTLY reminded of the risks of this surgery, the exact procedure being done, risks of anesthesia, especially for an overweight asthmatic like me, etc. I was given a thick manila envelope full of information, had to schedule both a pre-op appointment w/ the main doctor performing the operation and my own PCP days before to clear me for the procedure and make sure I understand everything. I knew of the complications that could and did occur and the proper ways to treat them and care for myself post-op.
This was just for me. I don't have any children, but I can GUARANTEE you that, if my child needed an operation, I would make sure I understood every single detail before proceeding. I can't imagine, given Jahi's particular health issues, that the doctors didn't sit there w/ her parents and explain everything to them. This was NOT, despite initial claims, a routine procedure. Now, whether or not the parents read any of the paper work that very likely signed, I don't know, but I can't imagine an argument where they can claim they didn't know what they were getting into.
Personally, I think it's telling, that, according to the linked article, the SOL to sue was just about to run out...
My wife had a colonoscopy, which is a very minor procedure. Since mild anesthesia (conscious sedation) was used, she and I were informed, verbally and in writing, that there were risks to the procedure, including death. If they were this careful to inform her about the risks of a very simple procedure, I can only imagine what a surgeon would tell a patient and loved ones prior to a major surgery. The procedure was so risky, the MD decided to admit her to the ICU before the surgery even began.
This is probably a mute point. The family does not seem to allege that they were not informed of the risks. They allege that the nurses and physician have responded sooner after the cardiac arrest.
It will be interesting to hear the hospital and physician tell their sides of the story, if this is ever made public. As it is, I doubt that this case will ever see the inside of a courtroom, since most medical malpractice cases are settled out of court. If there is a settlement, any evidence that is presented will likely remain confidential. In the end, I doubt the public will even know the full story.
I would just like to add my two cents' and say that people who have not "been there" should not make judgments.
About 40 years ago, my brother was helpless to the point that he could not walk, bathe himself, feed himself, or basically do anything for himself except talk from the time he was about 17 until he finally and mercifully died at 20. (He had Duchenne type muscular dystrophy). My parents, my sister and I cared for him at home without any outside assistance until a medical crisis forced to go into the hospital where he remained for about a week until he finally and mercifully died. His primary nurse told us that my brother told him that he wanted to die, but my dad refused to "give up" and insisted that everything possible be done to keep him alive as long as possible, despite my brother's wishes. If any of my loved ones was ever declared brain dead, I would not hesitate for even one second to tell the doctors to just let him or her "go" as peacefully as possible, and I would also not hesitate to give their organs for the benefit of others, if the choice was mine.
In my opinion, there are much worse things than death; and being trapped in a "living" death is one of them, and watching someone you love either suffer or being in a persistent vegetative are others.
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