Teenage Girl is Brain-dead after Surgery

Monday, January 6, 2014

Teenage Girl is Brain-dead after Surgery

Written by Malman Law, reviewed by Steve J. Malman.

A California family is fighting to find a nursing home who will care for their teenage daughter who was declared brain-dead after her surgery to remove her tonsils to treat sleep apnea. According to a release from CBCS News, the family has found a nursing home who is willing to cooperate after multiple facilities have denied care, including the hospital where the surgery was initially performed.

Hospital officials stated in the release that, “Children’s Hospital Oakland does not believe that performing surgical procedures on the body of a deceased person is an appropriate medical practice.” In retrospect, the hospital also agreed that they would “continue to do everything legally and ethically permissible to support the family.”

While the teenage girl’s time is running short, the family is continuing to fight to find a doctor who will comply with two additional procedures—the insertion of a breathing tube and a feeding tube, both of which would be required for long-term care. 

The attorney of the family also said that he was preparing a federal civil-rights lawsuit that will require for the hospital to perform the procedures needed for the teenager to be transferred to a long-term care facility. Reports stated that the attorney has said the hospital’s refusal to perform the procedures has “violated the family’s religious, due-process rights, and civil-rights.”

The family is not giving up and says that they “believe she is still alive.”

The Malman Law understand the unfortunate struggles that occur after a condition such as this befalls a family. If you or a loved one believe that you have been neglected of your rights to medical care, call our office today to speak to an experienced attorney so that you can begin the fight to ensue justice.