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Crucial ruling in case of brain dead girl

Friday, January 03, 2014 - 01:31

Jan. 3 - A California judge denies a request from Jahi McMath's family that the hospital be forced to perform a medical procedure on the brain dead girl. Linda So reports.

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A crucial ruling Friday in the fight to keep Jahi McMath alive. A California judge ruled Children's Hospital of Oakland cannot be forced to perform a procedure on the 13-year-old girl who went brain dead after routine tonsil surgery last month. SOUNDBITE: ALAMEDA COUNTY SUPERIOR COURT JUDGE EVELIO GRILLO, SAYING: "I'm not sure that under any circumstance to be quite frank with you that a court can order a physician to conduct a procedure that the physician does not believe that they can conduct under the current guidelines, ethical rules of law." Jahi McMath's family wants to move the girl to another facility. The family's attorney says for that to happen, Jahi needs another breathing and feeding tube. SOUNDBITE: CHRISTOPHER DOLAN, JAHI MCMATH FAMILY ATTORNEY, SAYING: "But we would then ask the court to grant permission for another license California physician to have entry into the Children's Hospital Oakland to perform these procedures that are vital for us to be able to remove Jahi McMath and to take her to another facility." But the hospital has refused saying it does not perform procedures on dead people. SOUNDBITE: DOUGLAS STRAUS, CHILDREN'S HOSPITAL ATTORNEY, SAYING: "This will require the use of children's hospital equipment, nurses and necessary backup, all the same ethical, legal, moral, and medical constraints apply. Children's Hospital should not be compelled to perform surgery on the body of a deceased human being." Time is running out for Jahi. A judge has ruled she can be taken off a ventilator next Tuesday at 5 PM.

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Crucial ruling in case of brain dead girl

Friday, January 03, 2014 - 01:31