Posted on September 6, 2017 at 8:37 AM
|Alan Shewmon allowed to testify|
Earlier this year, the medical defendants in Jahi McMath's medical malpractice lawsuit filed a motion
to dismiss her claims. They argued that McMath lacks standing to sue for
personal injuries because she was pronounced dead in December 2013.
Yesterday, the Alameda County Superior Court denied those motions for
summary adjudication. "[T]hough Defendants have shown that the
determination of brain death in December 2013 was made in accordance with
accepted medical standards . . . a triable issue of fact exists as to whether
McMath currently satisfies the statutory definition of 'dead' under the Uniform
Determination of Death Act."
"[D]espite the fact that Dr. Shewmon has not performed a formal determination of brain death as addressed in the Guidelines, Defendants have not cited authority that his opinions are of no weight or admissibility in addressing the changed circumstances alleged in the First Cause of Action."
"[W]hile the Guidelines are generally accepted medically, there is some discrepancy between what the Guidelines diagnose and what the statutory definition of death specifies . . . In re Guardianship of Hailu (Nev. 2015) . . ."