However, in December 2017, Jahi has has asserted (a least more explicitly) a new and different argument. She now contents that prevailing medical criteria for brain death do not legally satisfy the requirements in the California Uniform Determination of Death Act.
In a motion scheduled for hearing on March 8, "Plaintiffs request the opportunity to present evidence and expert testimony that the ANN and AAP Guidelines fail to meet the requirements of California's UDDA."
Technically, Jahi isn't directly attacking or contending anything. She had no clue about what's going on, since her brain is pretty much gone. She is the poster child for futile care. How long will her family and her lawyers continue to drag this case through the courts? And if a court might find she may not actually be brain dead, what difference will that actually make to Jahi? She isn't going to get better. The only thing I can think of is the family will stand to recover millions for care of her body if she can somehow be declared legally alive. With a death certificate, the family can only recover $250,000.
ReplyDeleteAre you conflating death with futile care?
DeleteThis case has an earthquake impact on medical practice of death determination and how to comport with the legal determination at least in the US if not globally.
AS if the family will care for the body once there's a settlement. Have you seen what they're like? There's a reason there's a dumpster under Jahi's bedroom window.
DeleteThank you for keeping us up to date on this case. Very interesting.
ReplyDeleteWhy cardiac failure equaling death??? There are artificial hearts so if we believe in mechanical support of human tissue why does cardiac failure equal death??? We need a back up plan if Jahi's heart ever fails.
ReplyDeleteNegligencias médicas en León
ReplyDeleteEn estos casos es necesario contar con el asesoramiento de los mejores abogados para negligencias médicas en León
to get more - https://rbhglobalsoluciones.es/negligencias-medicas-leon/