On Friday, January 29, the Alameda County Superior Court held a brief hearing on the medical defendants’ demurrers to the McMath family’s first amended medical malpractice complaint.
As he indicated in prior rulings on similar motions, Judge Freedman said that he is disinclined to agree with defense on the collateral estoppel issue “at this point.” He took the matter under advisement and will issue his ruling shortly. Perhaps foreseeing that their demurrers probably will be denied, the defendants filed requests for certification for appeal.
Again, all the briefing at this stage is wholly procedural. The question is whether the McMath family may even ( at all) litigate the life/death question given that they already had the opportunity to litigate that before other judges in January 2014 and October 2014. Only once the McMath family gets past this procedural challenge, will they be required to actually provide proof/evidence of life.
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.