Should individuals choose their definition of death?

Molina, Angel Manuel Moreno; Rodríguez‐Arias, David; Youngner, Stuart J.

doi:10.1136/jme.2007.022921

Cited by 11 publications

(4 citation statements)

References 8 publications

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“…Several commentators have warned of the theoretical and practical problems which arise if death declarations ultimately depend on moral judgments (Joffe 2007;Marquis 2010;McMahan 2006;Molina et al 2008;Rodriguez-Arias et al 2011).…”

Section: Discussionmentioning

confidence: 99%

One or two types of death? Attitudes of health professionals towards brain death and donation after circulatory death in three countries

Rodríguez‐Arias

Aubert

Aulisio

et al. 2011

Med Health Care and Philos

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This study examined health professionals' (HPs) experience, beliefs and attitudes towards brain death (BD) and two types of donation after circulatory death (DCD)--controlled and uncontrolled DCD. Five hundred and eighty-seven HPs likely to be involved in the process of organ procurement were interviewed in 14 hospitals with transplant programs in France, Spain and the US. Three potential donation scenarios--BD, uncontrolled DCD and controlled DCD--were presented to study subjects during individual face-to-face interviews. Our study has two main findings: (1) In the context of organ procurement, HPs believe that BD is a more reliable standard for determining death than circulatory death, and (2) While the vast majority of HPs consider it morally acceptable to retrieve organs from brain-dead donors, retrieving organs from DCD patients is much more controversial. We offer the following possible explanations. DCD introduces new conditions that deviate from standard medical practice, allow procurement of organs when donors' loss of circulatory function could be reversed, and raises questions about "death" as a unified concept. Our results suggest that, for many HPs, these concerns seem related in part to the fact that a rigorous brain examination is neither clinically performed nor legally required in DCD. Their discomfort could also come from a belief that irreversible loss of circulatory function has not been adequately demonstrated. If DCD protocols are to achieve their full potential for increasing organ supply, the sources of HPs' discomfort must be further identified and addressed.

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Section: Discussionmentioning

confidence: 99%

One or two types of death? Attitudes of health professionals towards brain death and donation after circulatory death in three countries

Rodríguez‐Arias

Aubert

Aulisio

et al. 2011

Med Health Care and Philos

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“…A different method of addressing the issue of defining death is to focus on its intrinsically legal, ethical, and political nature, by arguing that brain death is a legal fiction ( Shah et al, 2011 ), advocating for a pluralistic policy that would allow stakeholders to choose among several definitions of death ( Veatch, 1976 ; Bagheri, 2007 ; Ross, 2018 ), and calling for an open public conversation on end-of-life practices ( Youngner and Arnold, 2001 ; Molina-Pérez, Rodríguez-Arias, and Youngner, 2008 ; Rodríguez-Arias and Molina-Pérez, 2020 ; Rodríguez-Arias and Veliz, 2013; Molina-Pérez and Dalle Ave, 2022 ).…”

Section: Bringing Consistency To the Lawmentioning

confidence: 99%

Inconsistency between the Circulatory and the Brain Criteria of Death in the Uniform Determination of Death Act

Pérez

Bernat

Ave

2023

The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine

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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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“…The 'for' and 'against' debate in Bulgaria about euthanasia is intransient and deeply rooted in the problems of modern society, the widespread popularization of patient rights (1,11) and the bill drafted in June 2011 moving to legalize it (3). This issue has ❖ changes in the understanding of man and society about life and the right to have one's own command on death.…”

Section: Introductionmentioning

confidence: 99%

Demographic determinants of legal consciousness for euthanasia legalization in patients with polymorbidity and permanently diminished work capacity

Mancheva

Kerekovska

Madjova

2013

SSM

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not been studied relevantly in Bulgaria, especially in its medical and legal aspects, and it requires the application of suitable tools for social and legal research into channeling the public reaction towards a certain legislative initiative, a particular legislative resolution and its result.Legal consciousness (LC) is a relatively new formal scientific concept. It is the link between the law and actual human behaviour, as it reflects legal reality and the rights and obligations contained in legal norms. The very norms are a 'carrier' of certain LC, both of lawmakers and of society, and this is reflected in the law making process as a synthesis of jus (law) and justum (justice) (6,15).The search for optimal authenticity in law making research requires that this is carried out amongst ABSTRACT PURPOSE: This study aims at studying the influence of demographic determinants on defining the legal consciousness for euthanasia legalization in patients with polymorbidity and permanently diminished work capacity. MATERIAL AND METHODS: The study sample includes 305 respondents certified by the General Medical Committee at St. Marina University Hospital of Varna as having polymorbidity and permanently diminished work capacity.RESULTS: There is a significant effect of respondent's demographic characteristics such as religious and gender, educational level and employment on three main components of legal consciousness -cognitive (legal information), psychological (evaluations, relations, values) and behavioural one (tendency for legally relevant behaviour) concerning euthanasia legalization. These results prove the need of preliminary investigation of the legal consciousness of target social groups prior to execution of legal changes concerning certain socially important issues like euthanasia.

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Should individuals choose their definition of death?

Cited by 11 publications

References 8 publications

One or two types of death? Attitudes of health professionals towards brain death and donation after circulatory death in three countries

One or two types of death? Attitudes of health professionals towards brain death and donation after circulatory death in three countries

Inconsistency between the Circulatory and the Brain Criteria of Death in the Uniform Determination of Death Act

Demographic determinants of legal consciousness for euthanasia legalization in patients with polymorbidity and permanently diminished work capacity

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