OAKLAND (KCBS)— The family of a girl who was declared brain dead at Children’s Hospital Oakland last week has stepped up their fight to keep her on life support.

Relatives of 13-year-old Jahi Mcmath took their case to a lawyer who served the hospital a cease and desist letter that says the hospital does not have the family’s consent to remove life support without permission.

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McMath underwent surgery to remove her tonsils at the Oakland hospital on Monday, December 9th. It was said to have been a routine procedure that was intended to cure a sleep apnea problem. After the surgery, she coughed up blood and went into cardiac arrest.

She was declared brain dead last Thursday, but her mother Nailah Winkfield is not giving up.

“Every time I go in there I let her know I will not let them take you to the coroner’s office Jahi. I won’t, because I believe that she can hear everything that’s going around. If she knew how much media attention she had right now, she’d be so embarrassed because she’s very shy,” Winkfield said.

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Aside from blocking the hospital from taking the young girl off of life support without consent, the legal letter also prevents children’s hospital taking any action regarding the case without the family’s permission.

The hospital released a statement on Monday but officials said they can’t comment on the case because Jahi’s family had requested that they do not.

Officials did offer that the case is being reviewed very closely and that they support the family during their difficult time.

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