In ongoing medical malpractice litigation over the treatment of Jahi McMath, the healthcare defendants have inferred (from the complaint) that the McMath family contends she is still alive.
In their Case Management Statement filed a few days ago, the family confirmed that they are making this contention. In providing a statement of the case, they write:
“Jahi finally coded and her heart stopped. Defendants contend she was pronounced clinically brain dead. Plaintiffs contend Jahi suffered severe brain damage but does not currently meet the definition of clinical brain death.”
Can this question be re-litigated? If so, can plaintiffs actually prove what they contend? If so, this would be the first case EVER in which a patient CORRECTLY diagnosed as dead is no longer dead.