Family wants to keep life support for girl brain dead after tonsil surgery #3

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newmrsc said:
I was confused about Dolan's statement that there's no prohibition against an outside doctor performing the procedure at CHO. Even if they have found the "anonymous doctor" willing to do this when there's a death certificate, where will they do it? Does CHO have to let an outside doctor do a procedure in their hospital? Doesn't seem like it...
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No, and the courts have ruled three times that CHO does not have to perform this procedure.

Dolan is throwing stuff against the wall to see what sticks.
 
Media is waiting for fams to come out of the courthouse (from Twitter). I wonder if we will have a presser. Thoughts?
 
Softail said:
That's the thing. Stalling for what? :waitasec: Let's sum up today.



1. The judge says she can leave the hospital (with conditions).

2. Nobody will take her without a feeding tube and trach.

3. Judge denies request to force #2 to be done, and won't allow a third party to do it.

4. Death Certificate lists date of death as 12/12/13.



To me, nothing has really changed after today's hearing (the state one). So they are just stalling the inevitable. OR am I missing something? :waitasec:
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Well as one poster replied, $$. Agreed. But also "life". To the mother, Jahi is still alive and she can still spend time at her daughters bedside vs headstone. Perhaps stalling the removal of the vent in any way she can (while planning a lawsuit (or 14).

Eta: but I wouldn't be surprised if we are both missing something. Sorta hard to know what Mr. Dolan has up his sleeves at any given point in time.
 
Softail said:
Seriously, who can read that? :eek:
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The hand written part? IMO states 'and a status report of her current vital signs and most recent labs will be provided'.

This is why an EMR is so much better :p
 
J1981 said:
Well as one poster replied, $$. Agreed. But also "life". To the mother, Jahi is still alive and she can still spend time at her daughters bedside vs headstone. Perhaps stalling the removal of the vent in any way she can (while planning a lawsuit (or 14).

Eta: but I wouldn't be surprised if we are both missing something. Sorta hard to know what Mr. Dolan has up his sleeves at any given point in time.
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Does a headstone have to have the date of death listed on the death certificate? This will be the next fight IMO. Nailah won't want 12/12/13 as the date of death.
 
IIRC, Mr. Dolan was petitioning the court to require CHO to place a feeding tube and perform a tracheostomy. CHO is a building, a corporation, a health care facility.

So exactly WHO is he demanding perform these procedures? If physicians find doing such unethical, how can a judge require a physician to perform these procedures?

Let's say a judge agrees with Dolan and states CHO must do these procedures. If no physician agrees, does the judge hold the entire physician staff in contempt? Does the constitution protect individuals from being forced to do something unethical? TIA
 
Zuri said:
IIRC, Mr. Dolan was petitioning the court to require CHO to place a feeding tube and perform a tracheostomy. CHO is a building, a corporation, a health care facility.

So exactly WHO is he demanding perform these procedures? If physicians find doing such unethical, how can a judge require a physician to perform these procedures?

Let's say a judge agrees with Dolan and states CHO must do these procedures. If no physician agrees, does the judge hold the entire physician staff in contempt? Does the constitution protect individuals from being forced to do something unethical? TIA
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I would be shocked if a judge required any such thing. That would be a precedent I think. Because if the physician were compelled and something went wrong, would the court assume responsibility? I don't think it'd happen. At most I would think the judge would say it is up to the family to find a qualified physician, and MAYBE the judge could compel CHO to allow them access to their facility to do the procedure (but even then, the family would have to find nurses, and other people as well). So I don't think that would happen either.
 
fruity said:
Does a headstone have to have the date of death listed on the death certificate? This will be the next fight IMO. Nailah won't want 12/12/13 as the date of death.
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Thankfully, she does not get to decide that. Imagine if that was up for picks? Holy canoli.
 
Softail said:
YAY! :skip:

What the heck does it say? :waitasec:
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Oh, I was just stealing the joke from Airplane. You know the one..

Another poster already translated that main part at the bottom. The other change is from the airvac team to the "transfer" team, I think. And another change is to healthcare facility. I think that's all of them. lol

eta: another one is "available if needed," but I don't see what that's supposed to modify
 
Evelio also refused a request by the family to require Children's Hospital to allow an outside physician to perform the surgeries on its grounds.

Dolan said if McMath was not transferred before the new deadline, her family would proceed with a federal lawsuit, filed on Monday, again seeking an order forcing the hospital to insert breathing and feeding tubes into the girl.

http://kfgo.com/news/articles/2014/jan/03/hospital-family-agree-on-moving-brain-dead-girl/
 
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