Jahi McMath case will not be given up by her parents. This has been the outcome after parents of the Oakland teenager, who was declared brain-dead in 2013 file charges on Tuesday against UCSF Benioff Children's Hospital Oakland and surgeon Frederick Rosen for the failed sleep apnea surgery.
Now with more conviction, the family alleges the hospital and the surgeon for the ill-fated outcome of Jaho McMath's operation. Presented to Alameda County Superior Court, Jahi McMath case details a 12-page complaint indicating the teenager's particular damages after the operation.
The CBS News says that the family sues the hospital and the surgeon for the teenager's loss 2 pints of blood, she had heart attack, delayed attendance of doctor and that the hospital was trying to convince the family to turn off McMath's machine to harvest her internal organs, the family's new lawyer, Bruce Brusavich, claimed in the statement.
Jahi McMath case started in December 2013 after the failed tonsillectomy to treat the teenager's sleep apnea problem. After some days, the girl was declared with no brain activity but her mother Nailah Winkfield fought for her daughter's life through life-support machines.
In an earlier report of Food World News, McMath's family filed a petition to overturn the brain-death ruling of the Oakland teenager. Since then Jahi McMath case was treated as a long-standing medical and legal battle.
In accordance to Jahi McMath case filed, a nurse in UCSF Benioff Children's Hospital Oakland allegedly detailed the condition and blood loss of McMath in her medical chart. However, the doctors didn't do anything but stated 'no immediate intervention' the Los Angeles Times noted.
As mentioned by NBC Bay Area, the lawsuit says that at one point, David Duran, the chief of pediatrics ""began slamming his fist on the table and said: "What is it you don't understand? She is dead, dead, dead, dead!"
The family also alleges the nurses who attended to the teenager of violation to the Nurse Practice Act of 'competent performance.' On Tuesday, UCSF Benioff Children's Hospital Oakland reacted on Jahi McMath case sating that their hearts go out to the McMath family.
The hospital also stated that they were not aware of any litigation filed by the McMath family.
At present, California limits medical malpractice damages at $250,000. But a personal injury attorney in Oakland not related to the Jahi McMath case stated that for the McMath family to win, they must prove that the medical team has committed a 'gross mistake.'
"The family is desperate," he added.
Brusavich, representing Jahi McMath case detailed that the family is asking for unspecified medical expenses and funds for 'negligent infliction of emotional distress.'
Will Jahi McMath case win? The Oakland teenager is now in a New Jersey apartment and has remained on a ventilator and feeding tubes. The Jahi McMath case has called for constant deliberation on the real definition of 'brain-death.' However, her mother Nailah Winkfield will still continue the fight.
