Court Again Allows Jahi McMath Family to Prove She Is Alive

In October 2015, the Alameda County Superior Court granted the defendants healthcare providers’ demurrers to Jahi McMath’s medical malpractice complaint.  But the court also permitted McMath to file an amended complaint that more specifically supports the allegation that she is now alive.

In November, McMath filed that amended complaint.  The medical defendants again filed demurrers.  Today, the court overruled those demurrers.  It explained: “The court is hesitant to determine that, at the pleading stage, there is no factual issue as to whether the facts have changed or new facts have occurred.”

While the court does not reference the Aden Hailu case, the court does emphasize something that illustrates this case is different from the Nevada case:  “Plaintiffs are not, by way of this action, expressly seeking any re-determination or reversal of the matters in the prior probate proceeding or seeking to apply standards other than those set forth in the UDDA.”

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.