I want to address the ideas mentioned up thread, of doing further tests on Jahi to try and convince her mother that she is deceased.
The hospitals policy, as well as other hospital policies across the country, is to give the family reasonable time to gather prior to removing the ventilator from those that have been declared brain dead. Unlike in a coma or vegetative state, it is not the families choice as to whether the ventilator is removed from those that are declared brain dead. In other words, they don't ask the family if they can remove the ventilator, it is policy that they automatically do so after a few days.
The hospital extended this time from the normal protocol for the McMaths. Then the courts extended it further. As noted in court documents, the hospital has provided counseling and pastoral care for the entire family during this entire time.
The hospitals primary responsibility is to the patient, which includes doing what is ethically and legally appropriate. They have a responsibility to treat Jahi with dignity and respect. As far as family of the deceased are concerned, the hospital provides grief counseling, which they have done throughout this time. The family are NOT patients of the hospital unless they are admitted.
The hospital should not entertain those that are mentally unstable by continuing to perform tests, procedure, etc., on the deceased, because a mentally unstable family member is in denial. One of the top experts in the country has been brought in to confirm Jahi's status.
As a society we should never let those that are unstable dictate the rules. We get them help to understand reality. This is exactly why this case is where it is now. Imagine, if all those in need of mental health treatment were allowed to turn upside down hospital procedures and tie up the courts at all levels with emergency filings because they are able to find an attorney to do so. Even when there are already established laws in place. Imagine the absolute chaos that would ensue all over the country and how this would affect the treatment and daily care of other patients and how it would affect others rights to their time in court.
This has been allowed to go way to far and has to stop.
Jahi's mother is now free to take Jahi from the hospital. Through the courts, the hospital is now free of any liability that may arise once the transfer in Jahi's room begins to take place.
Now, it is up to Jahi's mother and her attorney to move Jahi elsewhere, otherwise the hospital will remove the ventilator on Tuesday, unless the attorney is successful in getting another extension.
