The Story of Jahi Continues

Published

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

In the suit, Jahi's bio dad is referred to as a "nominal defendant." I'm not sure why he was included at all.







  2. nominal party. n. a defendant or a plaintiff included in a lawsuit because of a technical connection with the matter in dispute, and necessary for the court to decide all issues and make a proper judgment, but with no responsibility, no fault and no right to recovery.

  3. [h=3]nominal party - Legal Dictionary | Law.com[/h]dictionary.law.com/Default.aspx?selected=1333Law.com Legal Dictionary









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Specializes in Complex pedi to LTC/SA & now a manager.
In the suit, Jahi's bio dad is referred to as a "nominal defendant." I'm not sure why he was included at all.







  2. nominal party. n. a defendant or a plaintiff included in a lawsuit because of a technical connection with the matter in dispute, and necessary for the court to decide all issues and make a proper judgment, but with no responsibility, no fault and no right to recovery.

  3. [h=3]nominal party - Legal Dictionary | Law.com[/h]dictionary.law.com/Default.aspx?selected=1333Law.com Legal Dictionary









In another forum since guardian was not appointed (court denied mothers request in January) and it seems bio dad has not relinquished parental rights and does not agree with the Dolan/Winkfield plan of action he was added as a nominal defendant. In part to enable mom to be declared GAL and have full control of child's affairs. They have not been successful in various attempts to invalidate the death certificate. NJ has no say since CA issued the certificate. Judge Grillo is wrong venue. No independent party has been permitted to examine her in person to use objective accepted assessments.

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Specializes in hospice.
because he is the real dad

Merely being a father is not, last time I checked, sufficient grounds for being declared a defendant. Defendant implies wrongdoing.

Thank you, Horseshoe, for explaining.

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No one is ever going to know for sure, but Im betting that dad wants to unplug and bury his daughter so he can grieve and move on. Naming him as a defendant is one way to derail him. It also keecps him out of her pocket if she gets anything in the way of a settlement. Finally, her request to be named guardian most likely keeps him from exercizing his parental rights and pulling the plub

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I realize her dad was named as a defendant, what I meant was that up until this court filing he hasn't been heard from.

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My thoughts, too.

The premise of the family against the hospital is that she bled for five hours before 'anyone did anything about it'. That is how they saw and interpreted the situation, which is only part of what actually happened. I've read twice now that Jahi was given solid food by the family, but as much as I've looked I haven't ever seen this mentioned anywhere but HERE -- so if anyone has any links (to anything) about this, I'd love to have them. I doubt the family is the source of this information, it is too damning to THEM, as a possible cause of the bleeding, so the nursing staff must have known? Or maybe the family IS indeed so oblivious they mentioned it?

This is the kind of stuff that ought to be revealed if this goes to trial. I kind of hope it DOES go to trial, because this is the only way the rest of us are going to be able to make decent conclusions! I need more information, anyway.

It could be that the family accidentally started this whole cascade of tragic events by feeding her solids and poking around with a yankauer suction tip when she couldn't swallow. This is VERY important, I would think.

Even if this is exactly what happened, it doesn't necessarily put all the 'blame' on the family. It doesn't explain why she was 'allowed by the nursing staff' to bleed for 5 hours OR bled so catastrophically her lungs were emptied of 2 liters of blood. Plain old 'tragedy' could account for this too, it's listed on every pre-procedure consent form :(

The news person at the beginning of the video used the term 'botched surgery', which is the first I've heard that the surgery itself was not in itself 'successful'. I wonder if this was just a careless mistake on the part of the news guy or if the lawsuit implies the surgical procedure itself was done incorrectly? So many questions. It's a terrible waste of time and taxpayer money for this to go to trial but because it's become a nationwide (perhaps world wide) controversy, I see how a trial would be a good thing for everyone concerned.

About the bites of hamburger you are referring to. It was on national TV that grandmother was feeding her bites of her favorite food: hamburgers. Grandmother stated,"she started choking, so I suctioned her. I am a registered nurse." Very quickly the lawyer tapped the grandmother on the shoulder. The grandmother stopped talking. The camera panned to the uncle. When the camera zoomed back out, the grandmother was gone and another relative was sitting in her spot. I saw this with my own eyes and heard this with my own ears.

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Specializes in Complex pedi to LTC/SA & now a manager.
About the bites of hamburger you are referring to. It was on national TV that grandmother was feeding her bites of her favorite food: hamburgers. Grandmother stated,"she started choking, so I suctioned her. I am a registered nurse." Very quickly the lawyer tapped the grandmother on the shoulder. The grandmother stopped talking. The camera panned to the uncle. When the camera zoomed back out, the grandmother was gone and another relative was sitting in her spot. I saw this with my own eyes and heard this with my own ears.

Grandma was an LVN. I know she did "accidentally" claim to be an RN at one point. Last I saw grandma's LVN license is in retired status.

There was also witnesses from pacu/picu (other patient families) that painted a very different picture of the scenario and behavior subsequent to the ultimate tragedy.

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Does malpractice follow you even when you are not working?

(Yes, it does. If you are a licensed health professional, you are accountable for your professional practice 24/7, regardless of the setting and regardless of whether you're getting paid or not. That's why smart people are v. cautious about things like giving healthcare advice to neighbors.)

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Specializes in critical care.
(Yes, it does. If you are a licensed health professional, you are accountable for your professional practice 24/7, regardless of the setting and regardless of whether you're getting paid or not. That's why smart people are v. cautious about things like giving healthcare advice to neighbors.)

(And why smart people get .)

(And why do you abbreviate 'very'?!)

😂

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About the bites of hamburger you are referring to. It was on national TV that grandmother was feeding her bites of her favorite food: hamburgers. Grandmother stated,"she started choking, so I suctioned her. I am a registered nurse." Very quickly the lawyer tapped the grandmother on the shoulder. The grandmother stopped talking. The camera panned to the uncle. When the camera zoomed back out, the grandmother was gone and another relative was sitting in her spot. I saw this with my own eyes and heard this with my own ears.

Grandmother is a LVN, not an RN. If she said that she was an RN, isn't that impersonating and isn't that against the law?

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The grandmother said she was a RN. This was aired on TV. I thought to myself," If you're a RN why on earth would you be feeding her a hamburger and then stick a suction device down her throat?" I never really followed the case. I didn't question what the grandmother said about being a nurse. I figured she was one of them "super" nurses that knows everything or she was making herself look more important than what she was.

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Grandmother is a LVN, not an RN. If she said that she was an RN, isn't that impersonating and isn't that against the law?

That's an interesting question.

Now, im wondering would the family have to sue the grandmother or could the hospital go after her?

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