Lawsuit : The family of 13-year-old Jahi McMath ( pictured ) are suing the hospital where she went brain dead after a routine surgery in December 2013 . The family of a 13-year-old girl who was declared brain-dead after her sleep apnea operation went awry filed a medical malpractice lawsuit on Tuesday detailing the emotional , chaotic hospital drama that included a court battle over ending life support . Jahi McMath 's family is seeking unspecified damages from UCSF Benioff Children 's Hospital in Oakland in the case filed in Alameda County Superior Court . They claim the hospital botched Jahi 's operation on December 9 , 2013 ; did n't respond properly and promptly to dramatic signs of post-operative distress ; and badgered the family to end life support and donate Jahi 's organs , even though her heart kept beating . Jahi was declared brain-dead on December 12 , 2013 , after three different medical experts agreed the teen showed no brain activity . During a court fight , the hospital kept Jahi on life support long enough for the family to move her to an undisclosed facility in New Jersey , which allows families to reject a declaration of brain death on religious grounds and lets patients remain connected to ventilators . She remains at the facility . The hospital declined to comment on the lawsuit . 'Our hearts go out to the McMath family , ' hospital spokeswoman Melinda Krigel said . 'It is our policy not to comment on pending litigation . ' The lawsuit alleges that the hospital 's first misstep was recommending a 'complex and risky ' operation to cure Jahi 's sleep apnea rather than first trying a safer treatment . Then , during the surgery , a doctor noted that Jahi had a condition that could result in post-operative bleeding but failed to notify nurses and others responsible for her care after surgery , the suit states . Jahi 's parents say they were given conflicting advice shortly after surgery when they reported their daughter was coughing up blood . Left behind : McMath 's family is suing the UCSF Benioff Children 's Hospital in Oakland for unspecified damages . Pictured above , Marvin and McMath 's mother Nailah Winkfield outside the hospital on January 1 , 2014 . Complaint : During a court fight , the hospital ( seen above on January 2 , 2014 ) kept Jahi on life support long enough for the family to move her to an undisclosed facility in New Jersey , which allows families to reject a declaration of brain death on religious grounds and lets patients remain connected to ventilators . She remains at the facility . One nurse gave them a suction device to clear blood from Jahi 's mouth , and another nurse told the parents not to suction the blood , according to the lawsuit . Nurses and doctors are accused of failing to react quickly enough to the bleeding , which the lawsuit says led to Jahi going into cardiac arrest and suffering brain death . The family alleges that hospital administrators failed to explain what happened to Jahi , and that that Dr. David Duran , the hospital 's pediatric chief , slammed his fist on a table and said , `` what is it that you do n't understand ? She is dead , dead , dead , dead . ''
Jahi ##m was declared brain - dead after a surgery to fix her sleep apneat a the UCSF Benioff Children 's Hospital in 2009 . Her family is now sued the hospital for unspecified damages . The hospital doctors botched damages by not responding properly to signs of the young woman 's distress . The family had McMath transferred to a undisclosed hospital in New Jersey where she remains on life support .