Family of Jahi McMath Files Malpractice Suit in California

The family of Jahi McMath – a teenager who was left permanently brain damaged after a sleep apnea surgery went wrong – is now suing the California hospital where the operation took place. Their medical malpractice lawsuit was filed in Alameda County Superior Court and lists UCSF Benioff Children’s Hospital and Dr. Frederick Rosen defendants.

The suit claims that the pediatric doctor suggested a complex and risky operation, which he botched, leaving the 13-year-old girl brain dead.  Instead of recommending a CPAP machine for Jahi’s sleep apnea, which is the typical route for younger patients suffering from the condition, Dr. Rosen suggested a highly involved surgery, says the complaint. The operation would remove the girl’s adenoids and tonsils, soft pallet and uvula, and include a resection of her bilateral turbinates.

Malpractice lawsuit allegations

The plaintiffs contend that Dr. Rosen’s operative report should have raised alarm bells about the sleep apnea surgery since he noted he had suspicion of a medialized carotid on right – a major risk factor for hemorrhaging during or after surgery, alleges the lawsuit. Shortly after the tonsillectomy, Jahi began coughing up alarming quantities of blood – a side effect that the parents were told was “normal” by attending nurses.

Jahi ultimately lost two liters of blood after the procedure, and as nurses and doctors tried to stabilize the patient, the family claims that they were told not to suction blood from their child, after one nurse gave them a suction device asking them to do so. The suit further alleges that at one point a doctor said “Her heart stopped,” after which medical staff worked feverishly to get the girl’s heart beating again. Despite their efforts, Jahi suffered the effects of massive internal bleeding and a heart attack.

The teenager was declared brain dead on December 12, 2013 after tests showed no signs of cerebral activity. The hospital later issued a death certificate. Family members now say that they were pressured to donate their child’s organs by the hospital’s pediatric chief, who purportedly said, “What is it you don’t understand? She is dead, dead, dead, dead.”

“The (hospital) administration treated the family terribly after the fact. They gave them no explanations about what happened and had no compassion or respect for the family. The hospital needs to review and fix their practices about surgeon’s orders to recovery nurses. It needs to learn to be more open and transparent when there is an adverse event,” said the family’s attorney.

Jahi transported to New Jersey under mother’s care

The family’s lawyer has given NJ Advance Media declarations from four different doctors who state that Jahi is not brain dead. He said he also plans to contact California’s secretary of state, asking him to withdraw the original death certificate.

The family moved their daughter back to New Jersey, where Jahi lives in an apartment hooked up to a ventilator and feeding tubes. Her tragic case has sparked an ongoing debate over the true definition of “brain dead.”

After the McMath’s lawsuit was filed, a spokeswoman for UCSF Benioff Children’s Hospital released the following statement: “Our hearts go out to the McMath family. It is our policy not to comment on pending litigation.”

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