To assist physicians and others in responding to questions about this exceptional case, we present an analysis of the pertinent medical, legal, and ethical issues raised. This case led to a legal quagmire and generated considerable public interest. The family also maintained that the hospital's failure to provide the requested medical care to Jahi was disrespectful of her and her family's religious values. They demanded that the hospital continue to provide medical care, including ventilatory support, in hopes that she might recover. The family, by contrast, claimed that their child was not dead because she had a continually beating heart and was moving in response to touch.

As the child was dead, the hospital maintained that it was no longer obligated to continue providing medical care at the family's request. Children's Hospital & Research Center Oakland (hereafter referred to as the hospital) claimed that Jahi was legally dead following 2 assessments by its medical staff (one neurologist and one pediatric intensivist). The tragic case of a 13-year-old Oakland, California, child (Jahi McMath) who was declared dead on December 12, 2013, following complications of a tonsillectomy, adenoidectomy, and redundant sinus tissue removal, recently pitted family members, lawyers, and the hospital against each other as they struggled to resolve continuing support.

Death or Treat downloading