Family wants to keep life support for girl brain dead after tonsil surgery #4

[Shecky]

Logging in for the first time in a couple years. Good God, this case is insane.

 

[katydid23]

I just saw a clip of Dolan on the 11pm news saying " [parapahrasing] because the hospital couldn't find it in their hearts to give her a feeding tube, Jahi is FRAGILE..."


GMAFB!!!!!!!

 

[newmrsc]

With respect to you and anyone else who was holding out hope for some integrity, let me just say again that grief and greed -- including extreme greed-- are not mutually exclusive. I've seen it hundreds of times. Including with children. Parents and family members lying their butts off for 7 figures. Never underestimate the attraction of the almighty dollar and the ability to justify it by the hopeful recipient. Not saying there aren't legitimate cases. But, imo, the ratio is about 10-1 not. jmo

and, yes, I noticed, too, that he referred to the body multiple times and had to cover it. And all Omari could think was, dude, I'm calling the fashion police. Oh wait, that was me

ITA. And their pain makes them want revenge, as the interview indicated. That mother wants CHO to pay. She'd like them ruined. It's just unfortunate because we don't know the real story, and hell is being brought down on this hospital devoted to children's care. I can understand wanting to see them suffer after what she's been through, but if someone would have just stepped in and tried to let time and grief take their course rather than pursuing various agendas....this would be a different story. JMO.

 

[shana]

This case has led to us having a family discussion about donating organs, plus my husband and I will update our wills ASAP. We have teenagers: one who has been open about organ donation in the past, but the other was a bit young last time we spoke about it. I barely got the sentence out before he said he knew what it was and wanted to be one if he dies. DH and I need to have explicit instructions re life support written into our wills.

Fruity, I applaud you for having this discussion with your teen children!

As for updating Wills, this is a separate issue. You can find the forms for your state on the net...download, print, and execute them. They are not part of your Will (which we know from old movies could be read months later <g>).

In addition, you might want to consider a DNR.

And finally, imo, it is best to put your wishes in writing for disposition of your remains in an envelope taped to the front door jamb...altho many seem to prefer the freezer for such docs. ;-) Point is, you want those wishes (along with your Directives) easily found and read, should they be needed in any situation including an emergency.

Example from my state of California:

There are two basic kinds of health care documents: the Durable Power of Attorney for Health Care, naming a trusted person to direct your health care if you are unable to do so yourself, and the Living Will, setting out the types of medical treatment you would or would not like to receive in certain situations. You can also specify who you would is authorized to direct the disposition of your remains. In California, these two documents are combined into a single form called an Advance Health Care Directive (AHCD).

More here:

http://www.saclaw.lib.ca.us/pages/living-wills.aspx

I am not a lawyer so this post is meant only to suggest to its readers that you check your own State law and consult with an atty re your personal concerns.

~jmo~

 

[MLO]

well, my son says her soul is on the bridge and she can't cross over...

I think she is in someone's darkened office or living room getting a feeding tube.

Ugh, that grosses me out. The idea of taking home a corpse and interfering it with it. Not for science and learning, not to save someone via organ donation, not for autopsy and answers, not for necessity of burial, just because someone wants to keep the body around.

Is it really any different to those people who don't notify when someone dies and mummify them and keep them on the couch?

 

[popsicle]

With respect to you and anyone else who was holding out hope for some integrity, let me just say again that grief and greed -- including extreme greed-- are not mutually exclusive. I've seen it hundreds of times. Including with children. Parents and family members lying their butts off for 7 figures. Never underestimate the attraction of the almighty dollar and the ability to justify it by the hopeful recipient. Not saying there aren't legitimate cases. But, imo, the ratio is about 10-1 not. jmo

and, yes, I noticed, too, that he referred to the body multiple times and had to cover it. And all Omari could think was, dude, I'm calling the fashion police. Oh wait, that was me

I find it disturbing that he knew those $$ figures to throw out there. How many families know the $$ at this stage, isn't it usually after the family member has died? jmo

 

[PoirotryInMotion]

Question: (Karmady?) Due to the circumstances of Jahi's death, and by law of CA, does't Jahi's body have to undergo an autopsy? Or...can that wait until the parents get around to acknowledging she's dead? (Is there a legal time frame in which it must be done?)

 

[Shecky]

Her uncle was speaking about being hopeful for a "full recovery" at the press conference that I watched. I can't even wrap my brain around this.

 

[PoirotryInMotion]

I'm a lawyer, but I don't do malpractice. Technically, though, according to California law, this is a wrongful death suit. A legally deceased person has no disability damages. Does the family really think they can win this one? I personally don't think they'll be seeing any 30 million when the law has already spoken on the subject.

I'm no lawyer, but I agree !00%. Have been wondering if this attempt to redefine death as 'disability' is an engineered test case for this higher amount by the lawyer (who quite possibly also encourages his clients in this bent)...it would appear that he's mentioned those two numbers to his clients.

 

[Herat]

Question: (Karmady?) Due to the circumstances of Jahi's death, and by law of CA, does't Jahi's body have to undergo an autopsy? Or...can that wait until the parents get around to acknowledging she's dead? (Is there a legal time frame in which it must be done?)

By law, her death investigation is a coroner's case and whatever county her heart stops in will be doing the autopsy. The family has no say in the matter.

 

[Karmady]

Question: (Karmady?) Due to the circumstances of Jahi's death, and by law of CA, does't Jahi's body have to undergo an autopsy? Or...can that wait until the parents get around to acknowledging she's dead? (Is there a legal time frame in which it must be done?)

I don't know the answer to that. But since they let the mother take the body, presumably, if there is such a time constraint, they're not going to enforce it. I have been wondering about the details of this myself since I read the coroner saying they could release the body to the family to dispose of. It seems to me that failing to dispose of the body by an appropriate method withing a certain time frame would violate the law. But maybe, if it's in a facility and not presenting a health risk, they can do as they will. Disturbing precedent all around on this one, I'm afraid. jmo

 

[Karmady]

I find it disturbing that he knew those $$ figures to throw out there. How many families know the $$ at this stage, isn't it usually after the family member has died? jmo

I'm guessing it's the doc and hospital's per occurrence limits under their primary and umbrella policies

 

[Logger]

Hospital released her body. Local news 10:43 p.m. I will try to post the link. I found to on my mobile app. Had to read it three times.

 

[momrids6]

I think Jahi is in heaven, but that her mother has taken her earthly remains to a Catholic facility for Dr Byrne to conduct surgery.

The Catholic Church believes in brain death. Any licensed facility will not risk it's license and insurance for this, imo

 

[popsicle]

V. P. &#8207;@VP_Renewsit 13m
(2nd hand info) Dolan, in presser, says COH didn't feed #Jahi for 20 days so if she doesn't thrive it will be their fault. Again, 2nd hand

 

[Herat]

Her uncle was speaking about being hopeful for a "full recovery" at the press conference that I watched. I can't even wrap my brain around this.

Maybe it was a Freudian slip about "full recovery" of the potential $30 million from a wrongful death lawsuit.

 

[Snoods]

well, my son says her soul is on the bridge and she can't cross over...

I think she is in someone's darkened office or living room getting a feeding tube.

I saw some misinformed tweets saying things like "Thank God that girl can finally eat now!" As if they were going to be driving her though Jack in the Box or something. This is so far out of control, I can't believe they are taking Jahi to that vacant house!

 

[newmrsc]

Question: (Karmady?) Due to the circumstances of Jahi's death, and by law of CA, does't Jahi's body have to undergo an autopsy? Or...can that wait until the parents get around to acknowledging she's dead? (Is there a legal time frame in which it must be done?)

I don't know that they HAVE to do an autopsy. The laws are here http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=27001-28000&file=27490-27512 but very dense! But it's going to be problematic for their lawsuit if the coroner can't ever do an investigation. That evidence has been disappearing by the day anyway, and who knows the condition by the time her heart stops. They may be relying on witness reports without any sort of accurate autopsy.

 

[SophieRose]

So... Where does everyone think she is at the moment?

On the way to Ohio, how's the weather there? I would hope all the news agencies would have their reporters checking out the Oakland airport. I think, though, New York may have been a smoke screen.

 

[PoirotryInMotion]

I don't know the answer to that. But since they let the mother take the body, presumably, if there is such a time constraint, they're not going to enforce it. I have been wondering about the details of this myself since I read the coroner saying they could release the body to the family to dispose of. It seems to me that failing to dispose of the body by an appropriate method withing a certain time frame would violate the law. But maybe, if it's in a facility and not presenting a health risk, they can do as they will. Disturbing precedent all around on this one, I'm afraid. jmo

Well, the catch-22 is, I would think, that the family will eventually have trouble proving a wrongful death suit if there is not an autopsy done soon--due to deterioration of the body. (And I would think with the death certificate they couldn't pursue a disability suit, either.) Maybe the lawyer is pinning all his hopes on the 'infringement of religious rights' suit b/c he knows he'd be in a catch-22 with either of the other two lawsuits...

(ETA: I have seen no evidence presented that would justify a suit of any kind, just to clarify MOO.)