Jahi McMath's attorney files petition for the brain death ruling of the 13-year old teenager from California to be completely overturned. Atty. Chris Dolan is now seeking an unprecedented court order at Alameda County Superior Court since her medical tests prove brain activity.
The attorney disputes the long-standing legal and medical meaning of death on behalf of the Oakland teenager in the court documents filed on Tuesday. Jahi's mother, Nailah Winkfield has pushed to maintain her daughter's organs functioning through life-support machines after the tonsillectomy intended to treat Jahi's sleep apnea problem in December. The Alameda County issued a death certificate after the teenager was announced 'brain dead' by the three doctors, including one who was assigned by a judge.
"We want the court to reverse so we can restore this girl's humanity," the Atty. added. "The hospital has called her a corpse. Her name is Jahi and she is alive." Last week, the doctors at the International Brain Research Foundation concluded the findings after a series of medical tests on Jahi, Atty. Dolan declared. Philip DeFina, the chief executive and chief scientific officer of the foundation said that the teenager has reacted to commands many times.
"There is a consistency to it," DeFina claimed.
On Thursday, Atty. Dolan showed two video clips of Jahi to reporters proving that the girl is still alive. One video shows Jahi's ability to twist her foot, and the other shows her hand movement upon her mother's commands.
There are no reported cases of brain-death determination being reversed. Other researchers and experts must dwell on Jahi's medical tests carefully before concluding anything, Arthur Caplan, Head of Medical Ethics at New York University's Langone Medical Center commented.
Jahi McMath was operated in the Children's Hospital & Research Center in Oakland on Dec. 9 for tonsillectomy, complications after the procedure led to her cardiac arrest. Three days later she was declared 'brain dead.' Jahi's mother and her family hope that the ruling be dismissed as she expresses her determination that she has no plans to give up her legal fight.
