By Lateef Mungin and Chuck Conder, CNN
The legal battle over Jahi McMath
- NEW: Coroner’s office: The death certificate has December 12 as the date of death
- Jahi McMath is on a ventilator and has been declared dead by doctors
- Her family wants to move her to another facility besides Children’s Hospital Oakland
- The 13-year-old will be kept on machines through 5 p.m. Tuesday, under a court order
(CNN) — A California court hearing concluded Friday with the family of Jahi McMath — a 13-year-old girl on a ventilator who has been declared dead by doctors — and a hospital agreeing on a protocol for the release of the girl to another facility.
The specifics of any such release — how she’d be transferred, by and to whom, and at what time — continue to be discussed. So while Friday’s California Superior Court hearing did signal apparent progress in the hot-button case, it does not represent a final agreement.
Earlier in this hearing, the judge asked attorneys for the McMath family and Children’s Hospital Oakland to confer to attempt to settle the issue of what will happen with Jahi.
After this hearing broke, representatives for both the family and hospital headed to federal court.
There, a magistrate will oversee mandatory talks between representatives of the hospital and the family, CNN affiliate KTVU reported.
Both hearings occurred on the same day that the coroner for Alameda County issued a death certificate for Jahi. This action is not directly connected to Friday’s pair of legal proceedings.
The coroner’s office said that the death certificate — which still needs to be accepted by the health department to become official — has a date of death of December 12, 2013.
Twenty-six days from that day could be another milestone in this ordeal: A judge has ruled that Jahi can be removed from a ventilator at 5 p.m. Tuesday.
Last month, Jahi had surgery to remove her tonsils, adenoids and extra sinus tissue. Doctors had recommended the surgery to treat pediatric obstructive sleep apnea, a condition that made her stop breathing in her sleep and caused other medical problems.
Before the surgery, Jahi was worried that she would never wake up, according to her uncle. She seemed fine after the surgery and asked for a Popsicle because her throat hurt.
It wasn’t long before something went terribly wrong. In the intensive care unit, the girl began bleeding profusely — an image that her mother said would be forever seared in her mind.
According to family members, Jahi went into cardiac arrest. Days later, she was declared brain dead.
Hospital officials have said privacy laws prevent them from discussing details of the case.
The family of Terri Schiavo has joined the battle recently.
“Together with our team of experts, Terri’s Network believes Jahi’s case is representative of a very deep problem within the U.S. healthcare system — particularly those issues surrounding the deaths of patients within the confines of hospital corporations, which have a vested financial interest in discontinuing life,” the Terri Schiavo Life & Hope Network said in a statement.
Schiavo was a brain-damaged woman who died in 2005 after living on a feeding tube for more than a decade. She was the subject of a lengthy legal battle between her parents and her husband, Michael Schiavo, who maintained that she wouldn’t have wanted to live in a “persistent vegetative state.”
The organization said it has been overseeing the efforts of several groups to help get Jahi transferred out of Children’s Hospital Oakland and brought “to a safe place.”
Jahi’s family said Tuesday that it had found a facility in New York willing to take her. The Oakland hospital “refused to agree to allow us to proceed in that matter,” Jahi’s uncle Omari Sealey said.
The hospital denied the accusation.
“We have done everything to assist the family of Jahi McMath in their quest to take the deceased body of their daughter to another medical facility,” hospital spokesman Sam Singer said.
“To date, they have been unwilling or unable to provide a physician to perform the procedures necessary, transportation, or a facility that would accept a dead person on a ventilator. Our hearts and thoughts go out to them in this tragic situation, but the statements being made by their attorney and some family members are misleading and untrue.”
Family attorney Christopher Dolan had accused the hospital of being “hell-bent” on ending Jahi’s life.
In addition to the coroner, a judge has declared Jahi brain dead as well. Doctors say there’s no chance she will come back to life.
Sealey said Wednesday that the family still hopes to move her to another facility.
He accused the hospital of starving his niece by not using a feeding tube to provide her with nutrients.
Singer said a judge had dismissed the family’s request for additional medical procedures Tuesday, including a feeding tube.
CNN’s Greg Botelho and Elizabeth Landau contributed to this report.