As I have previously discussed, last year the disagreement between hospital doctors and the family of Jahi McMath illustrated the difficult legal issues surrounding a determination of brain dead. The doctors were successful in getting a legal judgment that the 13-year-old was legally brain dead after suffering from cardiac arrest during a routine tonsil surgery. However, her family were able to get an injunction that prevented the doctors from ending life sustaining measures, and had her moved to a private medical facility where they have been financially responsible for her care. McMath’s family is now returning to court, seeking an order to have her declared alive.
See Annabel Grossman, Family of Oakland Teenager Declared Brain Dead 10 Months Ago Petition Court for Her to be Declared Alive Again, Daily Mail, Oct. 2, 2014.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
