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Family Files Medical Malpractice Suit in Alameda County

By May 13, 2015August 17th, 2023No Comments

Jahi McMath’s family filed a medical malpractice lawsuit against Dr. Fredrick Rosen, who is an ear, nose, and throat surgeon. They also filed their case against the UCSF Benioff Children’s hospital. Jahi apparently underwent an operation in 2013 to treat her sleep apnea. She underwent surgery to remove her tonsils, adenoids, soft pallet, and uvula. The surgery was also supposed to alter the inside of her nose. She went into cardiac arrest shortly after the surgery.

Three days later, the hospital told the family that Jahi, who was 13 at the time, was brain dead. Her family challenged this result and did not want the hospital to take her off of a ventilator. They went to court to have Jahi removed from that hospital and moved to an undisclosed location in New Jersey. Since her move, three different doctors have signed a statement that says that Jahi is not, in fact, brain dead as they originally thought.

The lawsuit accuses Dr. Rosen of recommending a risky and complex surgery for Jahi. During the procedure, the doctor allegedly discovered that Jahi had a congenital condition that would put her at a higher risk of hemorrhaging, but he did not tell the nurses or the other doctors that would provide care to Jahi after the surgery.

Jahi was coughing up blood after the surgery, but the nurses told her family that this was normal after such a surgery. They even gave Jahi’s mother a suction wand to siphon the blood from Jahi’s mouth. A second nurse told her not to use the suction wand because it would prevent the blood from clotting, which was important for the healing process. Her heart rate dropped dramatically, and her cardiac arrest lasted for more than two hours.

The lawsuit states that one doctor stated, “What is it you don’t understand? She is dead, dead, dead, dead!” Obviously, this type of treatment was likely very traumatizing to the family.

Unfortunately, this type of case happens much more often than we would care to admit. If you or a loved one has been a victim of hospital or doctor mistake, then you likely have a medical malpractice case on your hands. Contact an skilled medical malpractice attorney as soon as possible. Call Mitchell Leeds, LLP at 415-702-9928 today for a free consultation.