SAN FRANCISCO (AP) — A California judge ruled that a teen girl declared brain dead more than three years ago after a tonsillectomy may still be technically alive, allowing a malpractice lawsuit against the hospital to proceed.
Alameda County Judge Stephen Pulido ruled Tuesday that it’s up to a jury to determine whether Jahi McMath is alive, which would increase the amount of damages if jurors decide in the family’s favor.
The family is seeking damages from Children’s Hospital in Oakland for allegedly botching a routine operation to remove the girl’s tonsils in December 2013. The family is also demanding a ruling that McMath is alive and for the hospital pay for Jahi’s future care. She was 13 when the operation was conducted.