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
I have been following this story off and on since late last year, and I just cannot believe that this is still ongoing. I understand why the attorneys went ahead and filed suit. I mean, if they had let the statute of limitations pass (I am not familiar with California law, and I am assuming that is why they went ahead and filed) without filing suit, their clients would have probably then sued them for legal malpractice.
I do feel really bad for all of the healthcare providers still taking care of the body of that poor child. Though, I also now feel bad for the paralegals on for the hospital's attorneys. I just know that someone is going to have to dig through all of those articles and videos to find evidence against the family and track down all the witnesses that were in the waiting room, etc. That is one assignment I have never received as a medical malpractice defense paralegal, and one I hope never to have. I wonder how they would even begin tracking down the witnesses as (because of HIPAA), I would assume that the hospital could not even tell who a patients' visitors were. Do you all think that would be a HIPAA violation?
I wish California (and all states) would do the same as Louisiana (where I work) and have the Medical Review Panel first, where you appoint three physicians (one for the plaintiffs, one for the defendants and one that is selected by the first two panelists) who then determine whether the HCPs met the standard of care using evidence submitted by each party. In my experience, the defense usually wins those, and very little of the ones that we win go on to district court. It just helps to weed out the frivolous lawsuits.
Statute of limitations is up next January, and they got a different lawyer to file the suit. Dolan said all along he wouldn't file it....not sure of the reasoning behind that. Maybe he knows he will lose.
I would guess that the hospital had to know that the scam fam would eventually file suit. Knowing that, I would assume that they had most everything ready for when it got filed. I would also assume that other families who were present and witnessed some of what went on were contacted early and asked if they would be willing to testify if it came down to this, so there is probably not as much to run down as there is in a case that is more of a surprise than this one.
Jahi's family terrorized that hospital waiting room, and bragged about it on Instagram. One post stated that they were bringing in some sort of fish dinner and didn't "give a f*** if the smell bothers these b******". I am quite sure witnesses will be happy to come forward!!
I will be happy to see CHOs response. They have been muted by HIPAA for 16 months, it is finally going to be their chance to tell us what really happened!! Once they do, I suspect this case is going to go away.
By my most favorite doctor! (Not Paul Bryne)
JustBeachyNurse, LPN
13,957 Posts
Karen Ann Quinlan was born, raised and lived in NJ. Unlike the family of Jahi.