Two tragic cases, marring the joy of this holiday season, underscore our legal system’s difficulty in confronting that most basic of bioethical issues: When is death?

Thirteen-year-old Jahi McMath on Dec. 9, 2013, underwent a tonsillectomy at Oakland’s Children’s Hospital and Research Center to cure her sleep apnea. After extensive bleeding, she suffered cardiac arrest and, by Dec. 13, a neurologist unassociated with the original surgery declared her brain dead. The hospital reported the death to the local coroner and doctors advised the parents of their intent to disconnect the ventilator. The parents immediately hired an attorney and sought and were granted an injunction from Alameda County Superior Court Judge Evelio Grillo.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]