Family wants to keep life support for girl brain dead after tonsil surgery #2

[jjenny]

Probably here. They were scheduled to open in August from the bit I read, but I didn't notice anything that said they did open. I wonder if this is the "fault" in the transfer that the hospital said.

http://riverheadnewsreview.timesrev...r-long-term-care-facility/#.UVGVjREltoQ.email

I imagine if it opened there would be some "grand opening" article.

 

[princesspjs]

I highly recommend that you guys read the court document that the mother filed. It's actually pretty interesting.

JAHI MCMATH COURT DOCS

I interpret this to mean that since the two doctors who reported that Jahi was brain dead were nullified, that only leaves the third doctor's opinion who examined Jahi and she apparently did NOT find that Jahi was brain dead.

12/20 Now, they needed to have a 2nd doctor to verify that 3rd doctor's findings to comply with the CA 7180 (find her brain dead) and 7181 (be the independent confirmation). They agreed to and asked 5 additional doctors who each declined to offer an opinion one way or another.

On 12/23 Paul Fisher, MD (Chief of Child Neurology for the Stanford University Medical Center) examined Jahi and on 12/24 Drs. Fisher and Shanahan gave testimony in a closed session and that's when they extended the Temp Restraining Order to 12/30/13.


From the filing:
“On December 11, 2013, Dr. Shanahan, a physician from CHO, declared that MCMATH was brain dead. Dr. Heidersbach, another CHO physician verified Dr. Shanahan’s findings.”

“In support of their position CHO submitted Declarations of Robert Heidersbach, MD, Sharon Williams, MD, and Robin Shanahan, MD. Of these three physicians, Dr. Hidersbach (sp?) and Dr. Shanahan were doctors who examined Jahi and testified by way of declaration that Jahi suffered irreversible cessation of all functions of her entire brain, including her brain stem.” CHO argued that the two doctors meet the requirements of Health and Safety Code section 7181.

During oral arguments on December 20, 2013, over an objection by Real Party in Interest’s counsel, the court found that Drs. Heidersbach and Shanahan did not satisfy the requirements of Health and Safety Code Section 7180 and 7181”

Health and Safety Code Section 7180 and 7181
Article 1. Uniform Determination of Death Act
Section 7180.
(a) An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
(b) This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
(c) This article may be cited as the Uniform Determination of Death Act.

Article 2. Confirmation of Death
Section 7181.
When an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem, there shall be independent confirmation by another physician.

 

[jjenny]

He doesn't need to be licensed there to offer an expert opinion to a court.

His expert opinion appears to be is that he doesn't believe in brain death. So he doesn't need to examine the patient either, I presume.

 

[MyBelle]

On tonight's local news the family says they have received offers from facilities in Arizona and San Bernardino County (Southern California) that are willing to take Jahi.

Yep, I think their plan is just to get her out of the hospital. After that, she can go where ever and the court won't care.

 

[Steft50]

[Jahi's uncle, Omari Sealey, told reporters late in the afternoon that the family has now contracted with the New York facility and arranged for medical transport. But Singer said documentation indicating that the facility will accept her appears "faulty."]

Source:
http://www.latimes.com/local/lanow/la-me-ln-jahi-mcmath-20131230,0,3497539.story#axzz2oyc1bHpN

This is an excerpt from the source listed above.
Yikes...is the family submitting fake paperwork or is the hospital playing dirty?

This is where I got that the hospital said the facility appears "faulty" in case anyone wondered

 

[shana]

Jahi's mother has updated her fund site with the following message:

Thank you so so so much...Thank you so so so much to every one that has prayed and donated money. I am very touched and I cant wait to see my child out of here to a place that wants to treat her. I love you all.

http://www..com/Jahi-Mcmath

No comment.

~jmo~

 

[BeginnersLuck]

I really do hope that they can get her out of the hospital ASAP.

 

[princesspjs]

Oh geez, I know that my last post looks long and boring but please someone read it. I've been working on it for hours now.

:facepalm:

 

[MyBelle]

His expert opinion appears to be is that he doesn't believe in brain death. So he doesn't need to examine the patient either, I presume.

I think his expert opinion is that brain death isn't clinical death.

 

[jjenny]

I think his expert opinion is that brain death isn't clinical death.

Then of course he was going to say she isn't dead.
He didn't even need to visit her.

 

[Linda7NJ]

The information you give is not for the procedure she had. Hers was far more complex and involved at least a uvulopalatopharyngoplasty and mucosal shaving of the concha or tubinates. Please find the statistics for those procedures.

I also read that the mother was not happy with the first opinion that the child should not have had this procedure, but went shopping for a second opinion that gave her what she wanted.

There are also reports that the family did not comply with the ICU instructions to completely avoid having the child talk, and were reprimanded by nurses for persisting in encouraging the child to talk.

I musta missed those reports that mom went doctor shopping until she got what she wanted and had been reprimanded by nurses. Can you please provide a source link?


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[MyBelle]

Oh geez, I know that my last post looks long and boring but please someone read it. I've been working on it for hours now.

:facepalm:

You did a great job and thanks for emphasizing the part about the Judge deciding the hospital did NOT meet the standards. I know there are pretty stiff rules about transplantation and the hospital needs to be investigated thoroughly about that aspect of it, imo.

 

[MyBelle]

Then of course he was going to say she isn't dead.
He didn't even need to visit her.

He is a physician with stellar credentials in training education and experience. If his expert opinion is that she isn't clinically dead, he's going to give it. The Court doesn't have to agree with him.

 

[BeginnersLuck]

The NY facilities FB page talks about Jahi

https://www.facebook.com/www.nbli.org

 

[Zuri]

Here is the outpatient treatment facility mentioned in the article.

How in the world are the going to care for her there.

http://www.nbli.org/

Why would a facility that take patients with TBI, that are mostly out patient, with a new long term care facilty, that is a converted house? Jahi does not appear to fit their criteria from what I read. Interesting.

 

[princesspjs]

You did a great job and thanks for emphasizing the part about the Judge deciding the hospital did NOT meet the standards. I know there are pretty stiff rules about transplantation and the hospital needs to be investigated thoroughly about that aspect of it, imo.

Aww, thanks..it also helped me to see the family's side a lot more.

Does it sound to anyone else like the 3rd CHO doctor didn't find her brain dead?

Can't they do a scan type of test to show whether or not there is brain activity instead of just physical observation?

 

[gngr~snap]

Oh geez, I know that my last post looks long and boring but please someone read it. I've been working on it for hours now.

:facepalm:

Thank you! :seeya:

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[jjenny]

Aww, thanks..it also helped me to see the family's side a lot more.

Does it sound to anyone else like the 3rd CHO doctor didn't find her brain dead?

Can't they do a scan type of test to show whether or not there is brain activity instead of just physical observation?

Court appointed a doctor from a different hospital to examine her.
Doctor agreed she was brain dead.
Three additional doctors examined her.
In total six doctors examined her and all said she was brain dead.

 

[wendiesan]

Just wondering... As an adult, I once signed myself out against medical advice. Why can't the parents do the same for their minor children?


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I'd like to think that it would be possible for parents to simply take their child out of a hospital, but there might be situations in which that would not be possible. For instance, I think that medical staff could call Child Protection Services if they thought that the parents were not acting in the best interests of the child. There would be a strong chance that parents would immediately lose custody of the child, and any voice in that child's care. They would have to explain why their actions were not abusive, ie. neglecting the medical needs of the child. The parents would then have to hire a lawyer and prove they are fit to have custody of their child, and might have to agree to follow protocol laid down by CPS agents. (I'm referencing the current situation happening with BCH which may not be correct for this thread. Mods please snip if needed.) Could someone with more direct knowledge about this question correct any errors in what I've written? I think it's a really interesting point. Thanks.

 

[Linda7NJ]

Oh geez, I know that my last post looks long and boring but please someone read it. I've been working on it for hours now.

:facepalm:

I read it
Thank you again!


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