I quoted from the original article that came from the East Bay Times. Here are the whole three paragraphs that they printed on /September 6, 2917 and updated September 7, 2017 at 9:04 am on the topic:
“In his ruling, Alameda County Superior Court Judge Stephen Pulido wrote that while the brain death determination in 2013 was made in accordance with medical standards, there remains a question of whether the teenager “satisfies the statutory definition of ‘dead’ under the Uniform Determination of Death Act.”
His ruling comes in the years-long medical malpractice suit against UCSF Benioff Children’s Hospital Oakland and its doctors, which also challenges the hospital’s 2013 brain death diagnosis of the Oakland teenager following a complex nose, throat and mouth surgery.
The judge’s order pertains to the personal injury claim in the lawsuit, which the hospital sought to dismiss, and could result in a trial on whether Jahi is alive. An attorney for the family is arguing Jahi is alive and therefore entitled to more than the cap of $250,000 on medical malpractice lawsuits involving children who die as a result of surgery.”
http://www.eastbaytimes.com/2017/09/06/judge-weighs-in-on-whether-jahi-mcmath-is-brain-dead/
You’ll notice that the first line in paragraph three displays the pertaining of the lawsuit filed by the family, and why the determination of Jahi McMath being alive has a direct bearing on the “amount” of the malpractice suit filed. The judge made the ruling and it was designed to cover all aspects of the case, to include the cap on the lawsuit. They need the money to pay for the breathing and feeding machines they have her on at home in New Jersey since 2014. In that state, they can refuse the determination of brain death.
http://www.nj.com/somerset/index.ssf/2015/10/family_celebrates_15th_birthday_of_girl_declared_b.html
Jahi is hooked up to various machines that keep her organs functioning and feed her in the apartment in the Somerset section of Franklin Township, Christopher Dolan, the family’s attorney, said.
In another entry from this site:
https://en.wikipedia.org/wiki/Jahi_McMath_case
“McMath’s family and Bruce Brusavich, the family’s malpractice attorney, have indicated that they are prepared to argue that McMath is not brain dead so that the California state limit of $250,000 on medical malpractice lawsuits involving children who die does not apply in her case.”
A case is being built not to determine the capacity of the child which they can’t know. But for the determination of a higher cap in the lawsuit. There is nothing more anyone can do for the child except wait and pray.
Was the hospital wrong. Most definitely. But that’s now water under the bridge. What can suing the hospital do to help? Nothing if it’s about the child. But plenty if it’s about the parents.
I gave you a copy of every site I used, for every statement in this entry.
rwood
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Best possible outcome is they get as large enough award to run that family killing abortuary out of business!
That hospital is a plague on life.
They’re famous for their incompetence.
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