The Veen Firm, PC
free consultation
888-504-0157
Español

Wrongful death or wrongful injury? It could make a big difference

A tragic case is gaining attention in California. A young girl hangs in the void between being alive and dead. If she is dead, her family will pursue a wrongful death claim against the hospital that they claim caused her injury. However, if she is alive, the claim would change to a wrongful injury. Now, a court must decide.

According to a report, the girl suffered injury during a throat surgery procedure in a California hospital. The surgery went awry and the child suffered severe brain injury. This resulted in her being declared dead in Dec. 2013. However, her family did not accept that declaration and have been fighting to change it in the years since.

The girl is now in another state receiving care. The California hospital where she was a patient previously maintains that she is, in fact, deceased under the guidelines for brain death. It is also to be noted that there has never been a case of a person being declared deceased as a result of brain death who then recovers brain function. 

Regardless of the eventual declaration of death, it is still claimed that the California hospital was responsible for the current state of the child. If she is deceased, the hospital will face a wrongful death claim that could result in an award to the surviving family for as much as $250,000. If she is alive, the damages recoverable in a wrongful injury claim are not capped, meaning that a much larger award could be made after a successfully presented claim. While the underlying tragedy remains, the ongoing legal skirmish could have substantial consequences.

Source: San Francisco Chronicle, "Jahi McMath's family wins backing for argument that she's alive", Lizzie Johnson, July 24, 2017

No Comments

Leave a comment
Comment Information
  • The national law journal
  • The Veen Firm, PC 2017 | Recognized By | Best Lawyers
  • Lexis Nexis Martindale Hubbel peer review rated for ethical standards and legal ability
  • Best Lawyers | Best Law Firms | U.S. News & World Report 2017
  • American Board Of Trial Advocates
  • The National Trial Lawyers The Association
  • National Academy of Personal Injury Attorneys
  • American College Of Trial Lawyers
  • New Leaders Council
EMAIL US FOR A RESPONSE

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

711 Van Ness Avenue, Suite 220
San Francisco, CA 94102

Toll Free: 888-504-0157
Fax: 415-771-5845
Map & Directions

Schedule a Free Consultation

Call one of our attorneys today for a free consultation at 888-504-0157 or send us a fax at 415-771-5845. If you prefer to submit your request online, fill out our online form.

Referring Attorneys & Trial Associations

If you have a case you would like to discuss, call one of our attorneys today at 888-504-0157. If you prefer to submit your request online, fill out our online form.

free consultation 888-504-0157