Brain-dead girl; family won't let go

<p>Its on. Ugh. She is " in transit". He says shes now “at the starting line instead of the finish line”. He says she has “courage”. This is not helping the family.</p>

<p><a href=“http://t.co/ugAYCGgYwt[/url]”>http://t.co/ugAYCGgYwt&lt;/a&gt;&lt;/p&gt;

<p>Earlier today. I mean, you really can’t make this stuff up.</p>

<p>“She’s at a disadvantage because she’s been treated as if she was a dead person for 20 some days”.
From the atty.</p>

<p>He is claiming the hospital put her on a donor network without the family’s knowledge.</p>

<p>Uncle is hoping for a 100% recovery. Location is undisclosed. Move was more difficult than expected. No feeding tube in place yet.</p>

<p>His patronizing comments to the media were disgusting.</p>

<p>They left the mic open for a bit after the cameras were turned off and the feed stopped. Couldn’t hear if he said anything of interest.</p>

<p>As far as I’m concerned, this is over. The hospital has removed a body, and as is normal in such cases, the public doesn’t know or need to know how that body will be disposed of. Whatever craziness is now happening with this family is their business. We can only hope that the next time this happens–and unfortunately, this circus means there will be a next time–whatever judge has the case will have the good sense and cojones to refuse to delay removal of a ventilator.</p>

<p>Actually, MommaJ, it IS of interest to the public. We don’t let dead bodies just go anywhere the family pleases for a reason.</p>

<p>They’ve made this everyone’s business and I have a feeling they’re not yet finished, whatever it is that’s actually going on here. Wow.</p>

<p><a href=“Jahi McMath: 13-year-old brain-dead Oakland girl moved by family from hospital – The Mercury News”>Jahi McMath: 13-year-old brain-dead Oakland girl moved by family from hospital – The Mercury News;

<p>Worthwhile KQED roundtable on brain death with Stanford bioethicist & pediatrician David Magnus, bereavement expert Chris Taich and Yale neurosurgeon David Greer:</p>

<p>[Defining</a> Brain Death: Forum | KQED Public Media for Northern CA](<a href=“http://www.kqed.org/a/forum/R201312301000]Defining”>Forum | KQED)</p>

<p>Lots of talk about how doctors are poor at communicating in end-of-life situations, how difficult that communication is, and how families have trouble processing what they are hearing</p>

<p>Here is an interesting article from today’s Washington Times that speaks to the cultural differences between the family and the hospital that may have contributed to this sad situation.</p>

<p><a href=“Shades of Terri Schiavo in case of girl left brain-dead after bizarre tonsil surgery mishap - Washington Times”>Shades of Terri Schiavo in case of girl left brain-dead after bizarre tonsil surgery mishap - Washington Times;

<p>Does he sincerely believe in the crazy crap he is saying? OMG…</p>

<p>My prediction: in a few days, we will hear from the atty that the girl is making a remarkable recovery, can blink her eyes, etc. In a month or so, she will be “alive” at an undisclosed location - no public appearances because of privacy issues. :eek:</p>

<p>Who is going to reimburse the hospital for all of the costs that they incurred for the past three weeks? My bet is no one.</p>

<p>This earlier video is quite disturbing. The accusations the mom and uncle make are distasteful. She accused the hospital of wanting to hill her child to free the bed, and the uncle talks about the difference between a 250K lawsuit, which he calls “chump change” and a $300 million suit for the costs of caring for Jahi. SOmeone elsewhere also mentioned that if they file in federal court, they can get around the $250K cap. CC lawyers, can you respond? [McMath</a> Vigil: Raw video of Jahi McMath’s mother’s comments to… | <a href=“http://www.ktvu.com%5B/url%5D”>www.ktvu.com](<a href=“http://www.ktvu.com/videos/news/mcmath-vigil-raw-video-of-jahi-mcmaths-mothers/vCLZHH/]McMath”>http://www.ktvu.com/videos/news/mcmath-vigil-raw-video-of-jahi-mcmaths-mothers/vCLZHH/)</a></p>

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<p>Now that’s the first really intelligent thing anyone associated with the family has said!</p>

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<p>A medical malpractice action would be brought under state law and would be subject to the cap, even if it ended up being filed in federal court. (Federal courts apply state law when appropriate.) A federal civil rights action, on the other hand, would be brought under federal law and would not be subject to the med mal cap. But they’d have to have a viable civil rights claim. Clearly, violating the rights of a dead person would not fly. If I recall correctly, Dolan’s claim was that the hospital was violating the mother’s right of freedom of religion.</p>

<p>I thought the attorney was trying to claim discrimination under ADA and Section 504 of the Rehab act. He was trying to claim she is disabled and being discriminated against due to her disability.</p>

<p>^ Yup, that would work also . . . but good luck trying to prove that death is a qualifying disability.</p>

<p>Okay, have I been living under a rock? Did everyone know this except me? [The</a> Tuskegee Experiment](<a href=“http://en.wikipedia.org/wiki/Tuskegee_syphilis_experiment]The”>Tuskegee Syphilis Study - Wikipedia)</p>

<p>^ yes. </p>

<p>10char</p>