Alameda County Superior Judge Evelio Grillo decided Friday Jahi McMath's mother can move her 13-year-old daughter from Children's Hospital in Oakland, but she will be held responsible for everything before and after the move, the Associated Press reported.
McMath's mother, Nailah Winkfield, has been fighting doctors who believe her daughter is brain dead in court every step of the way and will now be able to move her daughter to a facility in New York for long term care, according to the AP.
McMath went in for tonsil surgery on Dec. 9 and suffered a cardiac arrest on Dec. 12 while recovering and was later pronounced brain dead by the doctors at Children's Hospital, the AP reported.
After almost a month since McMath's been kept alive by a ventilator, the McMath family, the hospital and the courts came to an agreement which will allow for her transfer to another facility, the AP reported.
Under the agreement Winkfield will be held "accountable for consequences that could include Jahi going into cardiac arrest," the AP reported.
Winkfield had also filed a request with the courts to force the hospital to insert the breathing and feeding tubes necessary for McMath's move, but Judge Grillo denied the motion, the AP reported. The McMath family has not been able to find a doctor who will insert the necessary tubes and make the preparations for the teens transfer.
Donna Ryu, a United States Magistrate, oversaw the entire sit down between the hospital lawyers and McMath's family attorney, the AP reported.
The Children's Hospital continues to insist McMath is legally dead and therefore are obligated to perform any type of medical procedure on a dead body, according to the AP. McMath will be kept on the ventilator until 5 p.m. Tuesday.
