Without further court action, hospital could unhook Jahi McMath from breathing machine - InfoNews

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Without further court action, hospital could unhook Jahi McMath from breathing machine

File - This undated file photo provided by the McMath family and Omari Sealey shows Jahi McMath. The family of a 13-year-old California girl who was declared brain dead after a tonsillectomy said Monday they will sue to keep her on life support. Family spokesman Omari Sealey, the uncle of Jahi McMath, disclosed the plan to seek a restraining order against the hospital where the girl is on a breathing machine. Under an order issued on Dec. 24 by a state judge, Jahi could be removed from a ventilator at Children's Hospital of Oakland at 5 p.m. PST. (AP Photo/Courtesy of McMath Family and Omari Sealey, File)
December 29, 2013 - 11:04 PM

OAKLAND, Calif. - Without further court order, a California hospital could unhook a 13-year-old girl declared brain dead from a breathing machine.

Alameda County Superior Court Judge Evelio Grillo's current order allows Children's Hospital of Oakland to remove Jahi McMath from a ventilator at 5 p.m. Monday.

The family was pinning its hopes on a New York facility to care for the child after two California care homes withdrew offers to accept her.

Jahi underwent a tonsillectomy at the hospital on Dec. 9 to treat sleep apnea. After she awoke from the operation, her family said, she started bleeding heavily and went into cardiac arrest.

Doctors at Children's Hospital and an independent pediatric neurologist from Stanford University have concluded the girl is brain dead.

The hospital wants to remove her from life support, but the family said they believe she is still alive.

Chris Dolan, the family's attorney, said he was waiting to hear from the New York hospital after its facility director and medical director speak.

"The family is together, and today everybody is praying and being together," Dolan told the Associated Press Sunday. He said no decisions had been made about legal options for Monday, and would not comment on progress with the New York facility.

On Sunday, the hospital said it had not heard from the New York, or any other, facility about a transfer.

"We need to be able to talk to the other facility to understand what it is they are capable of doing," Cynthia Chiarappa, a hospital spokeswoman, said. "This is not transferring an individual in a vegetative state, but a dead body."

The hospital also said it would need to confirm there is "lawful transportation" included in any plan to transfer Jahi, and written permission from the coroner.

Dolan said previously that the family views the New York site as it's "last, last hope." He has also has said it was possible the family could ask Grillo for more time, or file a federal appeal.

News from © The Associated Press, 2013
The Associated Press

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