OAKLAND (CBS13) – A little more than a year after 13-year-old Jahi McMath was declared brain dead, the Oakland teen’s family plans to file a lawsuit today against the hospital where she received surgery for her sleep apnea.

The Oakland Tribune first reported the story, citing the 12-page lawsuit against UCSF Benioff Children’s Hospital Oakland. The lawsuit is full of new details, recounting the hours after the 13-year-old allegedly suffered a botched surgery in 2013. It details the Jahi’s loss of blood, her heart attack, a doctor arriving hours later, and the hospital’s plans to shut off the machines to harvest her organs.

The suit will be filed in Alameda County Superior Court.

Jahi was declared brain-dead Dec. 12.

Her family battled to keep her on a ventilator and to have breathing and feeding tubes surgically inserted. Under a court agreement, the family and the hospital agreed that Jahi’s mother, Nailah Winkfield, could remove her from the hospital if she took responsibility for the girl’s care.

Over year later, Jahi remains on a ventilator and hooked to feeding tubes at a New Jersey apartment — her case has igniting a debate over the definition of brain death.

Except for earlier court declarations, hospital officials have not commented because the family would not release them from federal patient confidentiality laws.


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