Family of California Girl Declared Brain Dead Sues Hospital

The family of a California girl who allegedly became brain dead after undergoing surgery for sleep apnea is suing the Oakland, California hospital where she had the surgical procedure done.

The family of Northern California girl Jahi McMath is suing Benioff Children's Hospital in Oakland, California and the surgeon who performed her surgery for malpractice. The family is being represented by California malpractice attorney Bruce Brusavich.

The lawsuit filed by the family alleges that while Jahi was due to undergo a rather routine surgery to fix her sleep apnea, the doctor performing the surgery opted for a far more invasive procedure that caused Jahi to eventually suffer a blood clot and go into cardiac arrest due to a heart condition. 

 "The mother never had any explanation as to how this happened," Brusavich said. "But it doesn't really change anything in terms of the profound brain damage to the child."

The lawsuit also claims that the medical team chose to perform a "complex and risky" operation on Jahi despite knowledge of her existing heart condition. 

Since the incident in December 2013, the McMath family has moved Jahi from Oakland to a rehabilitation facility in New Jersey, even though she was declared brain dead by doctors and issued a death certificate by the coroner of Alameda County.

The lawsuit will reportedly determine if the hospital and the surgeon are guilty of malpractice by determining the definition of brain death in this specific case.