Is ‘Brain Death’ Actually Death?

Seifert, Josef

doi:10.5840/monist199376210

Cited by 43 publications

(10 citation statements)

References 7 publications

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“…The most prominent proponent of this view is D. Alan Shewmon (Shewmon, 1997(Shewmon, , 1998a(Shewmon, , 1998b(Shewmon, , 2001(Shewmon, , 2010 others are e.g. Josef Seifert (1993), Nicanor Austriaco (2003), John Finnis (2011), David Albert Jones (2012) and Doyen Nguyen (2016Nguyen ( , 2017Nguyen ( , 2018aNguyen ( , 2018bNguyen ( , 2019. The fourth position specifies that death occurs with brain stem death (BSD).…”

Section: Five Basic Conceptions In the Determination Of Human Deathmentioning

confidence: 99%

Traditional Cardiopulmonary Criterion of Death is the Only Valid Criterion of Human Death

Volek

2021

SetF

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In recent time the critique of the whole brain death as the criterion of human death, that was introduced in 1968, has been growing. The paper aims to show in systematically that there are good reasons based on empirical findings combined with Thomistic Christian anthropology to accept the traditional cardiopulmonary criterion as the criterion of human death. This will be shown through a systematic critique of other criteria of death: whole brain death, higher brain death, brain stem death, and controlled cardiac/circulatory death. The traditional cardiopulmonary criterion of death provides the opportunity to maintain the dead donor rule for organ transplantation. This also affirms the respect for human life required by the ethics of the sanctity of human life. The paper further provides a justification of dead donor rule. The paper proposes 35 minutes period after cardiac arrest to declare the patient dead, since at that time there is no possibility to autoresuscitate the heart.

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Section: Five Basic Conceptions In the Determination Of Human Deathmentioning

confidence: 99%

Traditional Cardiopulmonary Criterion of Death is the Only Valid Criterion of Human Death

Volek

2021

SetF

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“…The claim that individuals with a cessation of all brain functions are not integrated organisms but merely a group of artificially maintained subsystems has been challenged by several authors from different perspectives (S. J. Youngner and Bartlett 1983;Gervais 1986;Halevy and Brody 1993;Lizza 1993;Seifert 1993;Veatch 1993;Taylor 1997;Truog 1997;Brody 1999;Halevy 2001;Potts 2001;Byrne and Weaver 2004;Zamperetti et al 2004;Joffe 2007;Shemie et al 2014;Brugger 2016;Verheijde, Rady, and Potts 2018). In particular, Alan Shewmon has shown that human bodies who have suffered from a total brain failure can be stabilized and their functions sustained by the use of artificial means for weeks, months or even years (Shewmon 1998), as in the case of Jahi McMath (Shewmon 2018).…”

Section: Is the Argument Valid?mentioning

confidence: 99%

Inconsistency between the circulatory and the brain criteria of death in the Uniform Determination of Death Act

Pérez¹,

Bernat²,

Ave³

2021

Preprint

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The Uniform Determination of Death Act (UDDA) provides that “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.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions”. By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency.

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“…Some commentators have even acknowledged this point, arguing explicitly that we are in fact a 'mind, a mind that is necessarily embodied' (McMahan, 2006, p.47). Attracting criticism on several philosophical (Seifert, 1993;Grisez and Boyle, 1979, pp.374-9;Jonas, 1974), as well as theological (Verheijde, Rady and Potts, 2018;Keown, 2010;Pannenberg, 2004, 2:180 ff. ) fronts, this kind of dualism also devalues the physical nature of death.…”

Section: The Elevation Of Brain Function: Consciousnessmentioning

confidence: 99%

Towards a holistic definition of death: the biological, philosophical and social deficiencies of brain stem death criteria

Maguire

2019

The New Bioethics

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With no statutory definition of death, the accepted medical definition relies on brain stem death criteria as a definitive measure of diagnosing death. However, the use of brain stem death criteria in this way is precarious and causes widespread confusion amongst both medical and lay communities. Through critical analysis, this paper considers the insufficiencies of brain stem death. It concludes that brain stem death cannot be successfully equated with either biological death or the loss of integrated bodily function. The overemphasis of the brain-stem and its operations leaves it open to significant philosophical critique. Further, in some circumstances, the use of brain stem death criteria causes substantial emotional conflict for families and relatives. Accordingly, a more holistic and comprehensive definition of death is required.

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Is ‘Brain Death’ Actually Death?

Cited by 43 publications

References 7 publications

Traditional Cardiopulmonary Criterion of Death is the Only Valid Criterion of Human Death

Traditional Cardiopulmonary Criterion of Death is the Only Valid Criterion of Human Death

Inconsistency between the circulatory and the brain criteria of death in the Uniform Determination of Death Act

Towards a holistic definition of death: the biological, philosophical and social deficiencies of brain stem death criteria

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