13 Year old gir declared brain dead has now officially died

bcla said:
The biological father sued the hospital of weeks ago. His name was removed from the previous lawsuit against the hospital.

http://www.mercurynews.com/crime-co...logical-father-sues-hospital-claiming-botched

Mom is taking this case to federal court. Not sure what they can do about this.

http://www.ktvu.com/news/60559211-story
Click to expand...

Both of these "parents" suck.

Both.are little hustlers.

Interesting he didnt have to pay support for years then days after her surgery and death. he had to start paying.
 




gottaluvPluto said:
This is just insane. I can't believe that a dead person is getting valuable resources.

What next? Someone has a spouse that collects disability of some sort, but a tragic accident happen and now the spouse is brain dead. But the other spouse says no, keeps the person on life support to collect the checks.
Click to expand...


Wouldn't this girl be the epitome of a disabled person?

I wonder if they tried applying for some sort of social security disability on her?
 
gottaluvPluto said:
This is just insane. I can't believe that a dead person is getting valuable resources.

What next? Someone has a spouse that collects disability of some sort, but a tragic accident happen and now the spouse is brain dead. But the other spouse says no, keeps the person on life support to collect the checks.
Click to expand...

New Jersey has the "New Jersey Declaration of Death Act of 1991". That basically allows the family to substitute their "religious conviction" about whether or not she's dead for a diagnosis of brain death. As long as they can keep her heart beating through a ventilator and drugs, New Jersey doesn't consider her dead.

http://lis.njleg.state.nj.us/cgi-bi...tes.nfo&record={B447}&softpage=Doc_Frame_PG42

26:6A-5. Death not declared in violation of individual's religious beliefs
The death of an individual shall not be declared upon the basis of neurological criteria pursuant to sections 3 and 4 of this act when the licensed physician authorized to declare death, has reason to believe, on the basis of information in the individual's available medical records, or information provided by a member of the individual's family or any other person knowledgeable about the individual's personal religious beliefs that such a declaration would violate the personal religious beliefs of the individual. In these cases, death shall be declared, and the time of death fixed, solely upon the basis of cardio-respiratory criteria pursuant to section 2 of this act.​

Now granted there have been some misdiagnoses of brain death from time to time. However, Jahi McMath had 6 separate diagnoses from at least 3 doctors. There was clearly no misdiagnosis in her case.

If they could manage to overturn the California declaration of death, they could conceivably sue the hospital for more than the current $250,000 "noneconomic damages" malpractice cap. This is for stuff like pain and suffering or loss of companionship. They couldn't sue for "economic damages" such as loss of income since it would highly speculative to assume what she might have made had she lived. However, I've read about many cases where someone ended up in a vegetative state, and there was either a settlement or jury award that included a substantial amount for lifetime medical care.

Their attorney was one of the biggest voices for a ballot proposition that would have changed the medical malpractice cap.

http://www.sacbee.com/opinion/opn-columns-blogs/dan-morain/article2588114.html
 
bcla said:
New Jersey has the "New Jersey Declaration of Death Act of 1991". That basically allows the family to substitute their "religious conviction" about whether or not she's dead for a diagnosis of brain death. As long as they can keep her heart beating through a ventilator and drugs, New Jersey doesn't consider her dead.

http://lis.njleg.state.nj.us/cgi-bi...tes.nfo&record={B447}&softpage=Doc_Frame_PG42

26:6A-5. Death not declared in violation of individual's religious beliefs
The death of an individual shall not be declared upon the basis of neurological criteria pursuant to sections 3 and 4 of this act when the licensed physician authorized to declare death, has reason to believe, on the basis of information in the individual's available medical records, or information provided by a member of the individual's family or any other person knowledgeable about the individual's personal religious beliefs that such a declaration would violate the personal religious beliefs of the individual. In these cases, death shall be declared, and the time of death fixed, solely upon the basis of cardio-respiratory criteria pursuant to section 2 of this act.​

Now granted there have been some misdiagnoses of brain death from time to time. However, Jahi McMath had 6 separate diagnoses from at least 3 doctors. There was clearly no misdiagnosis in her case.

If they could manage to overturn the California declaration of death, they could conceivably sue the hospital for more than the current $250,000 "noneconomic damages" malpractice cap. This is for stuff like pain and suffering or loss of companionship. They couldn't sue for "economic damages" such as loss of income since it would highly speculative to assume what she might have made had she lived. However, I've read about many cases where someone ended up in a vegetative state, and there was either a settlement or jury award that included a substantial amount for lifetime medical care.

Their attorney was one of the biggest voices for a ballot proposition that would have changed the medical malpractice cap.

http://www.sacbee.com/opinion/opn-columns-blogs/dan-morain/article2588114.html
Click to expand...

That is really crazy for New Jersey to do that. A heart can beat for a very long time on life support. It doesn't even need a brain to beat.
If they truly believe she is alive, take her off life support and show the world.
 
gottaluvPluto said:
That is really crazy for New Jersey to do that. A heart can beat for a very long time on life support. It doesn't even need a brain to beat.
If they truly believe she is alive, take her off life support and show the world.
Click to expand...

Well - I can think of an interesting angle to this. Apparently the law is about the declaration of death. To my knowledge, no doctor in New Jersey has declared her dead and it's not as if anyone has declared her alive. If she had been in NJ at the time of the examination, it seems pretty clear that they could have blocked a declaration of death. However, a doctor in California has declared her dead, and there is a death certificate.

Pages%2Bfrom%2BMCMATH_UCSF_demurrer_June_2015.jpg


So I'm thinking that her declaration of death could be subject to the Full Faith and Credit Clause of the US Constitution.

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.​

Her death certificate is considered a government record, and the declaration of death was a public act. If the state wanted to cut off the Medicaid benefits they could obtain a full copy (the one in the photo can be ordered by anyone) of the death certificate as a government agency. I'm not even sure that the "informational copy" can't be used since the text really only means that it can't be used to obtain identity documents (like a birth certificate to establish eligibility for a driver license or passport).
 
[UOTE="bcpost: 54910122, member: 451830"]Well - I can think of an interesting angle to this. Apparently the law is about the declaration of death. To my knowledge, no doctor in New Jersey has declared her dead and it's not as if anyone has declared her alive. If she had been in NJ at the time of the examination, it seems pretty clear that they could have blocked a declaration of death. However, a doctor in California has declared her dead, and there is a death certificate.

Pages%2Bfrom%2BMCMATH_UCSF_demurrer_June_2015.jpg


So I'm thinking that her declaration of death could be subject to the Full Faith and Credit Clause of the US Constitution.

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.​

Her death certificate is considered a government record, and the declaration of death was a public act. If the state wanted to cut off the Medicaid benefits they could obtain a full copy (the one in the photo can be ordered by anyone) of the death certificate as a government agency. I'm not even sure that the "informational copy" can't be used since the text really only means that it can't be used to obtain identity documents (like a birth certificate to establish eligibility for a driver license or passport).[/QUOTE]

Somebody needs to send a ccopy to Medicaid asap
 
To update our most accurately-described zombie thread, there is a new post (March 15) on the "Keep Jahi McMach on Life Support" facebook page, posted by her mother. You can see how blurry her face looks, indicating some editing with an app like FaceTune.
 
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