This week, the family of Jahi McMath filed an amended complaint in its medical malpractice action against Oakland Children’s and one of its physicians.
In this amended complaint, Jahi’s family explains how they will prove Jahi is still alive (and thus entitled to medical malpractice damages). The key paragraphs are 30 to 36. The highlighting is mine.
30. Since the Certificate of Death was issued, Jahi has been examined by a physician duly licensed to practice in the State of California who is an experienced pediatric neurologist with triple Board Certifications in Pediatrics, Neurology (with special competence in Child Neurology), and Electroencephalography. The physician has a sub-specialty in brain death and has published and lectured extensively on the topic, both nationally and internationally. This physician has personally examined Jahi and has reviewed a number of her medical records and studies performed, including an MRI/MRA done at Rutgers University Medical Center on September 26, 2014. This doctor has also examined 22 videotapes of Jahi responding to specific requests to respond and move.
31. The MRI scan of September 26, 2014, is not consistent with chronic brain death MRI scans. Instead, Jahi’s MRI demonstrates vast areas of structurally and relatively preserved brain, particularly in the cerebral cortex, basal ganglia and cerebellum.
32. The MRA or MR angiogram performed on September 26, 2014, nearly 10 months after Jahi’s anoxic-ischemic event, demonstrates intracranial blood flow, which is consistent with the integrity of the MRI and inconsistent with brain death.
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