Lawyer charts legal moves in brain-dead girl case

Jahi McMath, 13, had a tonsillectomy to correct a form of sleep apnea. After complications, "she is 100% brain damaged. Medically dead," her uncle says. (Omari Sealey)
Jahi McMath (Omari Sealey)
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Updated: 12/27/2013 12:04 pm

OAKLAND, Calif. (AP) — A California lawyer says he is prepared to go to federal court to force a hospital to insert breathing and feeding tubes into a girl who was declared brain dead after complications from a tonsillectomy.

Christopher Dolan told The Associated Press on Friday that he is drafting papers alleging that Children's Hospital Oakland's refusal to perform the procedures that would allow 13-year-old Jahi McMath to be transferred to a long-term care facility violates her family's religious and due process rights.

Dolan says he may seek a temporary restraining order to prevent the hospital from disconnecting the girl from the machine that is keeping her body functioning.

A state court judge has given Jahi's mother until 5 p.m. on Monday to appeal his ruling allowing the hospital to take her daughter off life support.

©2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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