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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. 

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

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    - Cheryl Wagemann
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