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

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  • #881
Are there any filings by CHO which state what procedure(s) were performed?

The only ones I've read were the ones by the physicians who examined her and declared her as brain dead.

Yes- the first one states the procedures
 
  • #882
Karmady... where are you? Isn't this illegal- or something?

ETA: Cnn live- saying they scored a "little victory".........what are they smoking?

Snickerdoodle ice cream sandwiches. :angel:
 
  • #883
This makes no sense to me

http://www.thaddeuspope.com/images/Mcmath_ND_Cal_Settlement_01-02-14.pdf
First he discusses the viability of fetuses outside the womb w/artificial aid. (I have attempted to replicate the grammar errors in the original but I'm not sure if I got them all.)

What is interesting in this discussion is that currently, a fetus that has had a heart beat from early on, and brain activity can be terminated, and is not afforded the protection of state law. However, this same criteria is then used in order to terminated life under Health and Safety Code Section 7108. Just as abortion has been re-considered over the years, Plaintiff urges this Court to examine if the criteria for brain dead determination, which does not measure inner brain activity, is constitutionally flawed under strict scrutiny. Plaintiff believes that the very definition being used is in contradiction with other state law and violates Jahi's right to Due Process, and privacy. (See Declaration of Dr. Bryne.)

What on earth does the constitution have to do with what medical criteria are used to make brain death determinations? And what do you mean, inner brain activity is not measured? And what does any of this have to do with due process and privacy?

I think he has employed a five year old who cuts out random phrases from old court documents and a ten year old who reassembles sentences out of them.
 
  • #884
Karmady... where are you? Isn't this illegal- or something?

Remember what I said about what he "doesn't" say? She did have her tonsils out. As for the "routine" part, he'll say he doesn't have medical records confirming to the contrary.

Aside from that, misrepresentations to the court typically have to very egregious and very material before an attorney is sanctioned. Here, what she went in to the hospital for is largely irrelevant. Now, in the med mal case, it would be more material.

jmo
 
  • #885
  • #886
  • #887
This makes no sense to me

http://www.thaddeuspope.com/images/Mcmath_ND_Cal_Settlement_01-02-14.pdf
First he discusses the viability of fetuses outside the womb w/artificial aid. (I have attempted to replicate the grammar errors in the original but I'm not sure if I got them all.)



What on earth does the constitution have to do with what medical criteria are used to make brain death determinations? And what do you mean, inner brain activity is not measured? And what does any of this have to do with due process and privacy?

I think he has employed a five year old who cuts out random phrases from old court documents and a ten year old who reassembles sentences out of them.

Is Dolan trying to challenge the medical definition of brain-dead or is this the anti-brain death outside pediatrician, Dr. Byrne?

Where is this from, it's very distracting and not pertinent to this case.
 
  • #888
  • #889
Karmady... where are you? Isn't this illegal- or something?

ETA: Cnn live- saying they scored a "little victory".........what are they smoking?

Oh. And notice who DIDN'T sign the declaration supporting that "fact." jmo

eta this person did:

Aimee Kirby graduated from Loyola Marymount University in May of 1999, as a member of the Honors Society Sigma Tau Delta. The summer she graduated from Loyola Marymount University, she began attending Southwestern School of Law, participating in the accelerated Juris Doctorate program called S.C.A.L.E. Mrs. Kirby spent the Summer of 2001 interning with the Honorable Judge Rafeedie, at the United States District Court. Mrs. Kirby completed her Juris Doctorate work in 2001, and passed the California State Bar in November of 2001. Aimee has also taken and passed the Arizona State Bar in 2003, and the Nevada State Bar in 2004. Lastly, she was just recently admitted into the State Bar of Texas to practice law. Mrs. Kirby’s practice is largely dedicated to representing the consumer in motorcycle collisions. She has been nominated for Trial Lawyer of the Year by CAALA and has tried and resolved several multi-million dollar cases in California, Arizona and Nevada.

https://www.caala.org/index.cfm?pg=semwebCatalog&panel=browse&ft=SWOD&bb=aut&aut=7049&ltr=N
 
  • #890
Is there anything to prevent the family from taking Jahi to another hospital once they get her loaded in the ambulance?
 
  • #891
Why would the court not require discontinuance of ventilator support?

They should, but no one wants to be the bad guy in this sad situation. Raw emotions have usurped the rules of law. :moo:
 
  • #892
I have a question about this.

Jahi's medical record should reflect that she was pronounced dead on the 12th after the second physician examined her, unless they change that to reflect when Dr. Fisher did his exam. So, she technically is now the responsibility of the coroner, despite the courts ordering CHO to continue her treatment. The courts confirmed she is legally brain dead.

So, do they really need physician orders from "CHO" for her transfer?

Well, the family presumably wants to transfer her care over to another physician somewhere (at New Beginnings or other places). That new physician would have to write SOAP notes every day on this person (if its an inpatient facility). I think that might be the reason why the parents are finding a hard time finding a facility - I think most physicians would refuse. It seems...wrong in a fundamental way to every day go through a physical exam on a deceased person and write your A&P for the day. This is so sad for everyone involved. I can't believe there is no one close to the family with medical knowledge, someone they trust, has spoken to them.
 
  • #893
Is there anything to prevent the family from taking Jahi to another hospital once they get her loaded in the ambulance?

I think the question is whether or not another hospital will accept a brain-dead "patient".
 
  • #894
Is Dolan trying to challenge the medical definition of brain-dead or is this the anti-brain death outside pediatrician, Dr. Byrne?

Where is this from, it's very distracting and not pertinent to this case.

Page 5 of 15, Plaintiff's motion to compel further life support etc. for the 1/7 hearing in the US District Court of California.
 
  • #895
It isn't going to help mom's cause any now that it is all over msm that she is cleared to take Jahi out of CHO... unless she actually takes her out of CHO. Donations to gofund have really slowed imo.
 
  • #896
I wondered how long it would before Roe v. Wade would be cited by Mr. Dolan. And voila, today.


I just wrote something like that but thought I might be overstepping. He's seriously just trying to get a big following by any means possible. If he could connect this case to global warming or Kim Kardashian, he would
 
  • #897
Is there anything to prevent the family from taking Jahi to another hospital once they get her loaded in the ambulance?

CA issued a death certificate.
 
  • #898
Rev Jesse Jackson Sr ‏@RevJJackson 3m
@TGranicAllen The appeal, passion and pain of Jahi McMath's family is real. They are willing to go the last lap. I support them.#JahiMcMath.
 
  • #899
Rev Jesse Jackson Sr ‏@RevJJackson 2m
@TGranicAllen The appeal, passion and pain of Jahi McMath's family is real. They are willing to go the last lap. I support them.#JahiMcMath.

It was only a matter of time, for him to jump into this. :rolleyes:
 
  • #900
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