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

[princesspjs]

why would there be any liability for hospital staff with the removal of the ventilator when the removal has been court ordered?

Just to clarify....The hospital hasn't been ordered to take her off the vent (or life support, I'm not sure what it's actually called), they were ordered to keep her on it at least until 5pm today.

 

[MyBelle]

Just to clarify....The hospital hasn't been ordered to take her off the vent, they were ordered to keep her on it at least until 5pm today.

Exactly. I do wonder if legally, next of kin signature is required before the hospital can disconnect it.

 

[SeekingJana]

why would there be any liability for hospital staff with the removal of the ventilator when the removal has been court ordered?

Because when or if the family and their attorney files suit related to Jahi's surgery, and whatever else they choose to sue for, the person who did disconnect their daughter from the life-giving machine ( according to their beliefs) may well be singled out as the person responsible for her actual death, as they define her death.
That person, who will have a name and a professional license and title, should be covered by professional liability insurance, but it is NEVER a great thing for a health care professional to have to go through litigation- regardless of the outcome, it is stressful and it is time-consuming and this is a high profile case.
In this particular case, there could also be a negative backlash of some sort in some sectors of public opinion if the person is named publicly, which is possible. Each of us takes responsibility for the actions we commit or fail to commit. I understand the law, and I also understand that many fine physicians and some nurses have been vilified unfairly in the court of public opinion.
Thank you for allowing me to explain.

 

[CarolinaMoon]

I will be here with my prayers for Jahi and her family. I hope her mother and other family members have at least become resigned to the fact that their precious one is already gone from them and pray for her as she quietly slips away.

 

[Trino]

I think it would be best if the hospital took her off in the wee morning hours when there won't be so much going on. They do not have to take her off at exactly 5:00p.

 

[SwampMama]

Exactly. I do wonder if legally, next of kin signature is required before the hospital can disconnect it.

Not that I have heard of. In one of the links here days ago, a group of doctors was discussing removing life support of brain dead patients when the family refused and one doctor told of a story where the family fought it, lied, threatened to keep it from happening. Finally, when all reason with the family had been exhausted, the dr told them the day and time that life support would cease. They refused to show up so the support was removed, the patient died and the next day, the family showed up, expecting that the hospital could not have removed support without their permission.

I believe the law states that the hospital does not need the consent or signature of the next of kin. It is the doctor and the hospital's right and duty to cease life support in such cases. Jahi's mom simply did not understand that the hospital doesn't need her permission. It is out of her hands.

 

[seattlechiquita]

I think it would be best if the hospital took her off in the wee morning hours when there won't be so much going on. They do not have to take her off at exactly 5:00p.

I think they will do it this evening. They are not doing anything wrong, and turning off the ventilator at 3 a.m. would give the wrong impression me thinks?

 

[StephanieH]

I do understand where the mom is coming from...she is parenting via guilt. But her baby is no longer on this earth, so she needs to let her go.

 

[Herding Cats]

There was supposed to be a press conference at 3 pm PST, but it didn't happen. I did hear through MSM that they are erecting barricades in front of the hospital.

Peace be with each and every one. If there is a demonstration, please let it be peaceful and respectful for everyone involved.

Best-
Herding Cats

 

[MyBelle]

Not that I have heard of. In one of the links here days ago, a group of doctors was discussing removing life support of brain dead patients when the family refused and one doctor told of a story where the family fought it, lied, threatened to keep it from happening. Finally, when all reason with the family had been exhausted, the dr told them the day and time that life support would cease. They refused to show up so the support was removed, the patient died and the next day, the family showed up, expecting that the hospital could not have removed support without their permission.

I believe the law states that the hospital does not need the consent or signature of the next of kin. It is the doctor and the hospital's right and duty to cease life support in such cases. Jahi's mom simply did not understand that the hospital doesn't need her permission. It is out of her hands.

I don't know that in any state a hospital can just "pull the plug" on a minor child. I've read about cases where the child is transferred to another facility but in this case, the hospital refused the medical procedures necessary to facilitate transfer.

 

[Trino]

I think they will do it this evening. They are not doing anything wrong, and turning off the ventilator at 3 a.m. would give the wrong impression me thinks?

Not so much for the family but to keep protesters away,

 

[al66pine]

MyBelle's post 1385
"The hospital has managed to speak without the family's permission via court documents as well as releasing letters the hospital has sent to the attorney."

MyBelle
Can you please provide link to hospital's court-filed doc's you refer to above, besides the hospital's response to petition Dolan filed on Jahi's mom's behalf? I'd like to read the actual doc's, not just MSM summaries.

Anyone?
Thx in adv.

I've seen -
- mom's/Dolan's petition for injunction not to disconnect, and
- mom's affidavit mom signed in support of the petition for injunction, and
- hosp's response to petition.

 

[Minette]

OK, there is supposedly a live presser with the family going on any minute now, trying to get a link!

ETA: or so says the WATCH LIVE breaking new banner on Fox: "FAMILY OF CALIFORNIA GIRL DECLARED BRAIN DEAD ADDRESSES MEDIA AHEAD OF DEADLINE."

I went to the link and it is telling me to stand by for a live event, but I can't find this info anywhere else so hmmmm.

 

[MyBelle]

MyBelle's post 1385
"The hospital has managed to speak without the family's permission via court documents as well as releasing letters the hospital has sent to the attorney."

MyBelle
Can you please provide link to hospital's court-filed doc's you refer to above, besides the hospital's response to petition Dolan filed on Jahi's mom's behalf? I'd like to read the actual doc's, not just MSM summaries.

Anyone?
Thx in adv.

I've seen -
- mom's/Dolan's petition for injunction not to disconnect, and
- mom's affidavit mom signed in support of the petition for injunction, and
- hosp's response to petition.

Letters sent between attorneys have been quoted in media but I'm not aware that they have been filed with a court.

 

[Leilei]

You are very welcome. It was post #1304 from last thread and don't know how to bring it over. Does this work? HealthCareDirectives But if anything good comes from all of this, it is doing for ourselves something to perhaps avoid misunderstandings AS ADULTS as to our wishes at our end of life. :blowkiss:

It *was* you And the link didn't work (might be my computer), but I'll still print out whatever info I can find. I talked to hubby about it tonight, and he had read about this case. He kind of got the shivers discussing it, but it really needs to be done. Thank you again!

 

[fruity]

Hate to break it to you but those "gofundme" type sites are more than slippery already.

I'm not familiar with GoFundMe (I have a personal 'no online donations' policy) but that's always good to know in case something is mentioned IRL. I was talking generally anyway. I would be upset if I donated to a cause and then found they used the money in a different way than I'd been led to believe.

 

[BetteDavisEyes]

Psalm 23

A psalm of David.

The Lord is my shepherd, I lack nothing.

He makes me lie down in green pastures,
he leads me beside quiet waters,
he refreshes my soul.

He guides me along the right paths
for his name’s sake.

Even though I walk
through the darkest valley,
I will fear no evil,
for you are with me;
your rod and your staff,
they comfort me.

 

[Softail]

Live feed to presser:

http://www.ktvu.com/videos/news/ktvu-live-news/vtSfR/?updated

http://www.ktvu.com/

You have to press play. Just ads right now.

 

[Sonya610]

Fox news updates...some person claims several court actions are/have been filed including something about criminal court???

So now this has become a criminal matter (in their minds)? Lordy. Things are going to get weird (not a big surprise seeing as how this is happening in Oakland, CA).

http://video.foxnews.com/v/2553565094001/

 

[seattlechiquita]

Live feed to presser:

http://www.ktvu.com/videos/news/ktvu-live-news/vtSfR/?updated

http://www.ktvu.com/

You have to press play. Just ads right now.

Gracias friend.