OAKLAND, Calif. (AP) — A California hospital is unwilling to allow an outside doctor to fit a 13-year-old declared brain dead after tonsil surgery with the breathing and feeding tubes that would allow her to be safely transferred to another facility, its lawyer said Tuesday.
Children's Hospital Oakland will not permit the procedures to be performed on its premises because Jahi McMath is legally dead in the view of doctors who have examined her, lawyer Douglas Straus wrote in a letter to the girl's family.
"Performing medical procedures on the body of a deceased human being is simply not something Children's Hospital can do or ask its staff to assist in doing," he said.
The refusal appeared to reverse the position articulated Monday by a hospital spokesman. He said the hospital would allow a doctor retained by the family to insert a feeding tube and to replace the oral ventilator keeping Jahi's heart beating with a tracheal tube — surgical procedures that would stabilize Jahi if she is moved to a facility willing to keep caring for her.
Christopher Dolan, the lawyer for Jahi's mother, Nailah Winkfield, said he received the news as he tried to confirm the conditions under which the hospital would have allowed a visiting doctor and nail down the long-term care facility that might accept the girl as a patient. Dolan said he has been talking with the New Beginnings Community Center in Medford, N.Y., an outpatient client for people with traumatic brain injuries, and with an unnamed facility in Arizona.
The New York facility didn't immediately return calls seeking comment.
"They're speaking out of both sides of their mouths. They say one thing and we go down that road, and then they say something else," Dolan said of hospital officials. "The hospital said, 'Bring us a doctor' and we said, 'Tell us the conditions' and now, they've wasted a half a day of our time. We don't have much time."
Hospital spokesman Sam Singer said later: "This is academic. They have not produced a single physician."
Meanwhile, a state appeals court on Tuesday refused to order the hospital to insert the tubes, saying the issue has to go first to the lower court judge who has ordered the hospital to keep the girl on a ventilator until Jan. 7 pending the family's appeal. The 1st District Court of Appeal said it would consider the issue at a later date, if necessary.