Bioethics Blogs

Jahi McMath – Re-litigating the Determination of Death

Jahi McMath Death Certificate

In March 2015, the family of Jahi McMath brought a medical malpractice action against Oakland Children’s Hospital and several individual clinicians.

I recently blogged about the defendants’ demurrers.  Since the family’s lawsuit seeks future medical expenses, they are alleging that Jahi is still alive.  The defendants’ demurrers deny this and argue against re-litigating the determination of death.


The hearing on the demurrers is set for July 30.  Consequently, the McMath family’s opposition is due by Friday, July 17 (9 court days before the hearing).  That opposition brief should reveal both (a) whether they intend to re-litigate the determination of death, and (b) why they think that is warranted. 

The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.