A Statutory Definition of the Standards for Determining Human Death

Capron, Alexander Morgan; Kass, León R.

doi:10.1007/978-1-4615-6561-1_37

Cited by 3 publications

(2 citation statements)

References 10 publications

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“…Yet the question of whether and when a person is dead seems the sort of issue that cannot escape the need for legal clarity on these grounds. 41 In short, consistency among jurisdictions is paramount on "an issue as important as determining when a human being has died." 42 Identifying the difference between life and death is of the utmost importance.…”

Section: Jlme Supplementmentioning

confidence: 99%

Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act

Lewis

Bonnie

Pope

et al. 2019

J. Law. Med. Ethics

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Although death by neurologic criteria (brain death) is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: (1) the medical standards used to determine death by neurologic criteria, (2) management of family objections before determination of death by neurologic criteria, and (3) management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action to address variation in clinical practice in order to ensure the integrity of brain death determination. To complement this effort, state policymakers must revise legislation on the use of neurologic criteria to declare death. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act (UDDA) and the rationale for these recommendations.

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Section: Jlme Supplementmentioning

confidence: 99%

Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act

Lewis

Bonnie

Pope

et al. 2019

J. Law. Med. Ethics

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“…Many scholars are concerned that the three domains of definition, criteria, and tests are not aligned. 48 While some object to the whole brain definition of death and defend a higher brain definition, whereby an individual who has lost the capacity for consciousness is dead, 49 the whole brain definition drives U.S. practice and many believe that it should continue to do so. 50 The Uniform Determination of Death Act defines death this way: "An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead."…”

Section: A Disclosurementioning

confidence: 99%

Organ Donation, Brain Death and the Family: Valid Informed Consent

Iltis¹

2015

J. Law. Med. Ethics

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I argue that valid informed consent is ethically required for organ donation from individuals declared dead using neurological criteria. Current policies in the U.S. do not require this and, not surprisingly, current practices inhibit the possibility of informed consent. Relevant information is withheld, opportunities to ensure understanding and appreciation are extremely limited, and the ability to make and communicate a free and voluntary decision is hindered by incomplete disclosure and other practices. Current practices should be revised to facilitate valid informed consent for organ donation.

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Medical Diagnosis Versus Legal Determination of Death

Gorman

1985

Journal of Forensic Sciences

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This summary of the medical and legal descriptions of death notes that the physician makes a medical diagnosis of death, the physician then makes the legal pronouncement of death, and that statute or the courts make the legal determination of death. Medical diagnosis of death follows either the common law standard of total cessation of cardiac and respiratory function or the medically accepted standards of brain death, the latter being based on irreversible loss of brain function. Cessation of cardiorespiratory function inevitably causes brain death; similarly, brain death inevitably causes cessation of cardiac function. The common law definition of death has been redefined: death is brain death which inevitably causes cessation of the cardiorespiratory functions. Legal determination of death, since the advent of cadaver organ transplantation, has been made by case law, which is briefly summarized, or by statute in most jurisdictions. The history of the Uniform Determination of Death Act is briefly summarized; this observer joins those recommending adoption of this Act. A table gives the rules or statutes that determine death in 36 U.S. jurisdictions.

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A Statutory Definition of the Standards for Determining Human Death

Cited by 3 publications

References 10 publications

Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act

Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act

Organ Donation, Brain Death and the Family: Valid Informed Consent

Medical Diagnosis Versus Legal Determination of Death

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