Alameda judge issues tentative ruling against 13-year-old and family’s personal injury claim

Alameda County Superior Court judge Robert Freedman issued a tentative ruling against a personal injury claim for 13-year-old Oakland, California resident Jahi McMath last Wednesday, July 29. The girl’s family is fighting to prove that McMath is still alive while she remains on organ-support machines after a botched tonsil surgery in December 2013. The judge noted that earlier court decisions and a death certificate indicate the girl is dead – a decision that could potentially cost McMath’s family millions of dollars.

If McMath is considered alive, her family could file a personal injury lawsuit against her surgeon and potentially claim millions of dollars in damages. If she is dead, however, her family can only file for a medical malpractice wrongful death lawsuit – a suit capped at $250,000 in California.

Jahi was once a happy, thriving child. Her family is not experiencing the pain of losing a child, but having to fight for their legal rights. If you or a loved one has been hurt in a personal injury accident in the San Diego area, do not hesitate to get in touch with our attorneys at Ritter & Associates by calling our offices today at 619-296-0123.