13 Year old gir declared brain dead has now officially died

[mnrose]

Love this doctor's assessment....warning....strong language ahead.

http://doc*******.blogspot.com/sear...pdated-max=2015-01-01T00:00:00Z&max-results=2

 

[Jessica14]

When Jahi's body finally just shuts down then the family will say that it happened because the hospital didn't do the feeding tube like they requested. If only the hospital had done what they asked, she would be ok.

I totally agree with this. My question is though, can't the family say thatshe was starved/denied all they want, but with her being declared dead on 12/12 (or whatever the date was), do they really have a case? You can't starve a dead person. Also that "pediatrician" makes me sick. Against organ donation? Uugh! Can't imagine actively and ironically advocating to let others die so another can "live."

 

[Lorelei Lee]

Love this doctor's assessment....warning....strong language ahead.

http://doc*******.blogspot.com/sear...pdated-max=2015-01-01T00:00:00Z&max-results=2

DIS Board word filter, we can't access the blog.

 

[Lorelei Lee]

I totally agree with this. My question is though, can't the family say thatshe was starved/denied all they want, but with her being declared dead on 12/12 (or whatever the date was), do they really have a case? You can't starve a dead person. Also that "pediatrician" makes me sick. Against organ donation? Uugh! Can't imagine actively and ironically advocating to let others die so another can "live."

The only way they can recover damages for anything that happened to Jahi after 12/12 is to successfully challenge the legal definition of "death".

If the wrongful death case claims there was malpractice leading to the heart attack and brain death, that's a viable claim. If they claim wrongful death because she wasn't given appropriate treatment after the declaration of brain death, then they have a major uphill battle.

 

[minkydog]

No way. I work in a hospital and people are told all kinds of terrible things about their family members and yes they have a hard time accepting bad news some react with denial or anger but eventually people accept what is true. Wasn't this lady told by five different doctors that the child has irreversible brain death? It's been three weeks since she's known? I get she's grieving but she's had way more than enough time to come to grips with reality.

To me it just seems like she's fighting just to fight. I don't know how she can really believe that she's in the right and everything will turn out fine for Jahi.

She's fighting the fight because she sees a big payday in her future. In the event of a lawsuit, most hospitals will just settle out of court to avoid the publicity. The hospital would in all likelihood win this easily, but you never know.

I know the family is just hanging on to any thread and as this child's body shuts down they're going to blame everything on the other Hospital, rather than the natural path of a decaying body (because that's exactly what it is.)

 

[mnrose]

Also, what happened to all the claims by the family the last couple of days that she was getting "better and better?" I thought she was practically up walk around and singing songs to hear them talk.

Now, of course, it is "worse than they thought." Yes, I suppose that is true. You all thought she was "alive" (despite 6 doctor opinions that she was not), and she is in fact (and has been for nearly a month) DEAD. Yes, dead is worse than alive...therefore, technically, she is worse than you thought. She is,not however, any worse than she has been since December 12. She is the same. Dead then. Dead now.

I can totally see this lawsuit....but for the negligent uncaring care of CHO, she would be alive today. If only that had BELIEVED....she could have been fed, and gotten better! It makes my head hurt.

Fortunately, I don't think that aspect of the case would survive summary judgment.

 

[mnrose]

DIS Board word filter, we can't access the blog.

Well, I think you'll find it if you google "Doc "word for child born of mother out of wedlock."" It really is a good read.

 

[bcla]

She's fighting the fight because she sees a big payday in her future. In the event of a lawsuit, most hospitals will just settle out of court to avoid the publicity. The hospital would in all likelihood win this easily, but you never know.

I know the family is just hanging on to any thread and as this child's body shuts down they're going to blame everything on the other Hospital, rather than the natural path of a decaying body (because that's exactly what it is.)

What are essentially punitive damages are capped at $250,000 in California, and the hospital will likely offer to pay it just to make them go away. The hospital is covering all the care inside the hospital. She's dead, so I doubt any court would compensate the family for whatever they do now that her body has been released.

http://en.wikipedia.org/wiki/Medical_Injury_Compensation_Reform_Act

MICRA consists of the following parts:

Damage cap - non-economic damages are limited to $250,000 (and this amount is not indexed for inflation). Non-economic damages include claims for pain and suffering, loss of consortium, both of which permit the financial recovery for losing limbs, losing sight or hearing, the ability to walk, and all other losses that do not directly relate to economic losses.

 

[bcla]

Also, what happened to all the claims by the family the last couple of days that she was getting "better and better?" I thought she was practically up walk around and singing songs to hear them talk.

Now, of course, it is "worse than they thought." Yes, I suppose that is true. You all thought she was "alive" (despite 6 doctor opinions that she was not), and she is in fact (and has been for nearly a month) DEAD. Yes, dead is worse than alive...therefore, technically, she is worse than you thought. She is,not however, any worse than she has been since December 12. She is the same. Dead then. Dead now.

I can totally see this lawsuit....but for the negligent uncaring care of CHO, she would be alive today. If only that had BELIEVED....she could have been fed, and gotten better! It makes my head hurt.

Fortunately, I don't think that aspect of the case would survive summary judgment.

I've done some recent readings, and apparently the diagnoses of brain death were from only three doctors. Two were in-house with multiple attempts at diagnosis. The last diagnosis was from the outside doctor. However, it certainly sounds like they were thorough. She's dead and no amount of wishful thinking is going to change it.

 

[mnrose]

I've done some recent readings, and apparently the diagnoses of brain death were from only three doctors. Two were in-house with multiple attempts at diagnosis. The last diagnosis was from the outside doctor. However, it certainly sounds like they were thorough. She's dead and no amount of wishful thinking is going to change it.

And, that was my favorite quote in the Doc B blog.....in response to a question about belief in her ability to get better, he said he wouldn't engage in a theological discussion, but that HIS belief that people would get rational and accept science wasn't going to make it so.

 

[John VN]

Sounds terrible but I wonder if someone mentioned movie $$$$$ to the family.

Haven't read every post so sorry if posted.

 

[lsyorke]

A pretty good explanation of what condition she is in:

http://media.nbcbayarea.com/documents/HeidiFlori.pdf

 

[DisneyJamieCA]

A pretty good explanation of what condition she is in: http://media.nbcbayarea.com/documents/HeidiFlori.pdf

That is just heartbreaking. I wish this poor little girl could just rest in peace. The fact that is public knowledge just makes it so much worse. This shouldn't be her legacy.

 

[Handbag Lady]

A pretty good explanation of what condition she is in:

http://media.nbcbayarea.com/documents/HeidiFlori.pdf

Not to sound crass, but that poor little girl is not only merely dead, she's really most sincerely dead.

 

[sonnyjane]

A pretty good explanation of what condition she is in:

http://media.nbcbayarea.com/documents/HeidiFlori.pdf

Yikes. She's going to fall apart, quite literally, in front of her family's eyes.

 

[pigletgirl]

A pretty good explanation of what condition she is in:

http://media.nbcbayarea.com/documents/HeidiFlori.pdf

Best quote of the entire thing -

"Mechanical support and other measures taken to maintain an illusion of life where none exists cannot maintain the illusion indefinitely."

 

[minkydog]

A pretty good explanation of what condition she is in:

http://media.nbcbayarea.com/documents/HeidiFlori.pdf

Ye gods! That's pretty graphic. He just lays it all out there. Her mother must be completely in la-la land if she thinks this girl is suddenly going to rise from the dead. And it sounds like it's going to be very icky, very soon.

 

[SLP958]

A pretty good explanation of what condition she is in:

http://media.nbcbayarea.com/documents/HeidiFlori.pdf

Disturbing.

This family is turning the memory of this girl into a bizarre, gruesome science experiment.

 

[StitchesGr8Fan]

I would not be surprised to see in the news tomorrow morning that she passed overnight.

 

[JanaDee]

Ye gods! That's pretty graphic. He just lays it all out there. Her mother must be completely in la-la land if she thinks this girl is suddenly going to rise from the dead. And it sounds like it's going to be very icky, very soon.

He's a she, but yeah, her analysis was very thorough.

Suddenly, my snack isn't looking so good.