California Court Orders Hospital to Warm Corpse

The San Jose Mercury News is doing a great job of covering the ongoing case of Jahi McMath v. Oakland Children's Hospital.



Here is a timeline of events:

• December 9 - Tonsil surgery 


• December 12 - Declaration of death


• December 20 - Judge Grillo orders hospital to continue ventilation until an independent medical examination


• December 23 - Judge Grillo orders hospital to continue ventilation and IV fluids until December 30


• December 24 - Dr. Paul Fisher, chief of pediatric neurology at Stanford's Lucile Packard Children's Hospital, will testify on his independent examination


• December 30 - Judge Grillo's order expires

California law requires a "reasonable accommodation" after a determination of death by neurological (as opposed to cardiopulmonary) criteria.  And a "reasonable accommodation" is widely offered as standard practice, even when not statutorily mandated.  We are now way past that period in this case.  



Furthermore, two separate Children's physicians have already determined that Ms. McMath was dead.  And, at the request of the family, three additional independent physicians (unaffiliated with Children's and either selected or approved by Ms. McMath's family/next of kin) examined Ms. McMath.  Each confirmed the diagnosis of death.



In short, there is no legal basis to order the hospital to continue warming the corpse of Jahi Mcmath.  The diagnosis has been confirmed.  The family has been reasonably accommodated.  



Yes, this is a sad case.  And, yes, Christmas is tomorrow.  But we really should be able to stop administering intensive medical to corpses.  If we cannot stop here, then it seems we cannot stop anywhere.