Developments in Jahi McMath case

Father sues hospital; outcome depends on whether she's declared dead or alive

Jahi McMath in her hospital bed

The following comes from a December 17 LifeSiteNewsarticle by Father Mark Hodges: via http://cal-catholic.com/

13-year-old Jahi McMath went into cardiac arrest after a routine tonsillectomy in 2013. Though Jahi lived, her doctors said she was “brain-dead,” and UCSF Benioff Children’s Hospital Oakland and Alameda County officials issued a death certificate. Jahi caught the attention of the media when her mother refused to take her off life support.

The Winkfields note that Jahi’s heart is beating on its own, and her organs are not failing, as would be the case if she were brain-dead. They have released several videos showing Jahi moving and reacting to stimuli.

Jahi’s mother, Nailah Winkfield, sued Jahi’s doctor, Dr. Frederick Rosen, for failing to tell her that Jahi’s surgery would be “complex and risky” due to Jahi’s susceptibility to heavy bleeding and for failing to share that risk with nurses taking care of her recovery after surgery.

Now, Jahi’s biological father, Milton McMath, has sued as well.

In October, a judge ruled that Jahi’s family could present evidence to determine if she is alive or dead. If dead, the suit would be for wrongful death, with a maximum of $250,000 for damages.

If Jahi is declared legally alive, the lawsuit could be for many millions of dollars.