Calif. Family Struggles to Get Surgeries for Brain Dead Teen

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  • OAKLAND, Calif. (AP) — The family of a 13-year-old California girl declared brain dead after tonsil surgery is encountering difficulty in obtaining two surgeries that she needs to undergo before she can be safely transferred to a long-term care facility.

    A lawyer for Children’s Hospital Oakland said Tuesday that it is unwilling to allow an outside doctor to fit Jahi McMath with the breathing and feeding tubes that the family has requested.

    The hospital will not permit the procedures to be performed on its premises because Jahi is legally dead in the view of doctors who have examined her, lawyer Douglas Straus wrote in a letter to the girl’s family.

    “Performing medical procedures on the body of a deceased human being is simply not something Children’s Hospital can do or ask its staff to assist in doing,” he said.

    The refusal appeared to reverse the position articulated Monday by a hospital spokesman. He said the hospital would allow a doctor retained by the family to insert a feeding tube and to replace the oral ventilator keeping Jahi’s heart beating with a tracheal tube — surgical procedures that would stabilize Jahi if she is moved to a facility willing to keep caring for her.

    Christopher Dolan, the lawyer for Jahi’s mother, Nailah Winkfield, said he received the news as he tried to confirm the conditions under which the hospital would have allowed a visiting doctor and nail down the long-term care facility that might accept the girl as a patient. Dolan said he has been talking with the New Beginnings Community Center in Medford, N.Y., an outpatient client for people with traumatic brain injuries, and with an unnamed facility in Arizona.

    The New York facility didn’t immediately return calls seeking comment.

    “They’re speaking out of both sides of their mouths. They say one thing and we go down that road, and then they say something else,” Dolan said of hospital officials. “The hospital said, ‘Bring us a doctor’ and we said, ‘Tell us the conditions’ and now, they’ve wasted a half a day of our time. We don’t have much time.”

    Hospital spokesman Sam Singer said later: “This is academic. They have not produced a single physician.”

    Meanwhile, a state appeals court on Tuesday refused to order the hospital to insert the tubes, saying the issue has to go first to the lower court judge who has ordered the hospital to keep the girl on a ventilator until Jan. 7 pending the family’s appeal. The 1st District Court of Appeal said it would consider the issue at a later date, if necessary.

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    5 thoughts on “Calif. Family Struggles to Get Surgeries for Brain Dead Teen

    1. It’s disturbing that Jahi, is referred to as “a body,” in this article. This just add more tragedy to an exasperating situation!

    2. I feel for her family. I had to make the same heartbreaking decision about my precious sister. It was hard, but the look of total peace on her face when that flat red line ran across that monitor also immediately put me at peace. Sometimes we have to put our own selfish thoughts aside and do what is best for the person whom we want so badly to hold onto. I pray for strength and peace for her family.

    3. Kylie. true that Benjamin`s comment is unimaginable… last tuesday I got a great new Infiniti since I been bringin in $9136 this – four weeks past and-a little over, $10,000 this past month. without a doubt its the best job I’ve had. I started this five months/ago and practically straight away startad bringin in at least $70… per-hr. look these up…….. http://clockurl.com/Be7

    4. This is outrageous! The child is dead. There is no surgery to be done. Unplug that machine and watch what happens. If the heart is the battery of life, the brain is the CPU or transmission that makes the body operate. She is brain-dead, meaning she can no longer function…no movement, no thinking, no heart beat on its own, no breathing, no seeing, NOTHING. Let her rest in peace.

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