The Story of Jahi Continues

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Why Jahi's Mother doesn't think she is dead:

Why Jahi McMath's Mom Is Sure Her Daughter Isn't Brain Dead - ABC News

Specializes in LTC Rehab Med/Surg.

If the hospital pays off Jahi's family it will be a betrayal of every health care professional that works in the facility.

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Specializes in M/S, LTC, Corrections, PDN & drug rehab.
If the hospital pays off Jahi's family it will be a betrayal of every health care professional that works in the facility.

That's why I really hope they go to court. The family will do anything to get money rolling in & the hospital (doctors & nurses) deserve to have their names cleared.

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I agree with imintrouble and organized chaos. I really cant believe that they aren't dying to tell what really happened. If they file an answer in court, they are no longer bound by hipaa, they can tell us everything!

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If the hospital pays off Jahi's family it will be a betrayal of every health care professional that works in the facility.

I think the general public would also view it as an admittance of wrong doing on the hospital's part. And if they really trust the judgement of the physicians that work there, they need to stand behind them.

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Specializes in Maternity.

According to this news article. The lawsuit was filed one day before the statue of limitations expired.

Jahi McMath’s Family Sues Oakland Hospital Over Surgery That Left Her Brain-Dead « CBS San Francisco

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Specializes in M/S, LTC, Corrections, PDN & drug rehab.
According to this news article. The lawsuit was filed one day before the statue of limitations expired.

Jahi McMath's Family Sues Oakland Hospital Over Surgery That Left Her Brain-Dead « CBS San Francisco

Oh of course. It wouldn't have happened if she wasn't so over weight. Her mother could've prevented this whole thing!!!

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Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.
The guardian ad litem has complete control of minor child's or an incapacitated person's financial matters.

I thought a guardian ad litem was a court-appointed professional who acts as the child's advocate in cases where parents are at odds with each other?

A parent cannot be a guardian ad litem. It's someone who acts professionally in this capacity and is chosen by the court. And that person is not given control of the child's finances.

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According to this news article. The lawsuit was filed one day before the statue of limitations expired.

Jahi McMath's Family Sues Oakland Hospital Over Surgery That Left Her Brain-Dead « CBS San Francisco

That's not at all unusual in personal injury or malpractice suits. Although, for some reason, I thought they had two years from the time of injury to sue.

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Specializes in Maternity.
That's not at all unusual in personal injury or malpractice suits. Although, for some reason, I thought they had two years from the time of injury to sue.

I thought the same. Maybe the law is different in CA.

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And we like to think we live in a civilized society.

Yet this is a society that allows a dead child artificial respirations indefinitely while profiteering parents seek to con the public out of money. Civilized, indeed!

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Specializes in Complex pedi to LTC/SA & now a manager.

I think because it's a dual case. Personal injury is usually 2years but wrongful death is 3 years from death or one year when malpractice was discovered, whichever comes first.

They filed under both counts. They can amend to remove one but not add later.

Interesting twist based upon what I've read as they sort of admit she's both dead and alive. But alive is only affirmed by the non-physician and other alternative thought medical professionals not by any medical standard. The guardian ad litum from mom was dismissed by judge. Perhaps dad has not given up parental rights.

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Specializes in MICU, SICU, CICU.

I am totally fascinated by the legal precedents of this case.

http://leagle.com/decision/In%20FDCO%2020140124A28/WINKFIELD%20v.%20CHILDREN%27S%20HOSPITAL%20OAKLAND

This document filed in Federal court states that the Mother was never appointed the guardian ad litem and started using the title when CHO contacted CPS to appoint a guardian. CPS could not ask the court to appoint a GAL for a deceased person with a death certificate.

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