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Sep 20, 2017 · This chapter focuses on the legal definition of death and its implications for the legal protection of the right to life. Within the UK, the law adopts brain-stem death (BSD) as the point at which life ends. Some commentators argue for the introduction of a legal concept of higher-brain death.
- Elizabeth Wicks
- eaw19@leicester.ac.uk
- 2017
Oct 13, 2019 · 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. A determination of death must be made in accordance with accepted medical standards.
- Frederick J. White
- 2019
- Introduction
- Defining Death Based on Permanence
- Decidingwhen Continued Interventions arenot Warranted
- Challenges of Capturing Meaningful Life Qualities in A Definition of Death
- Conclusion
Death’s legal definition must continue to be responsive to advances in medical technology. To be practical and ethical, it must delineate when an individual no longer has and cannot reacquire any meaningful functions or life qualities, when loved ones can begin shaping their lives without the individual, and when clinicians are relieved of their du...
Traditionally, breathing and pulse cessation defined death.3 In the 1950s, ventilators and defibrillators began routinely reversing breathing and pulse cessation. But some patients for whom circulation and respiration can be restarted will never regain consciousness. The 1968 Ad Hoc Committee of the Harvard Medical School to Examine the Definition ...
Justifying the permanence standard requires certainty that choosing not to attempt to restart organ functions would not be fruitful in restoring meaningful life qualities. The final part of the UDDA—that a determination of death must be made in accordance with accepted medical standards—assumes that standard death examinations can accurately establ...
The question remains whether the loss of all brain function is required for irretrievable loss of all meaningful life qualities. Some have proposed moving to a definition of death that only requires loss of higher brain function,17 recognizing that only the cerebrum enables consciousness. This definition implies that though other parts of the brain...
Some argue that replacing the irreversibility with the permanence standard is “gerrymandering the definition of death,”24 which implies that the goal of updating the definition of death is to serve other ends, such as procuring more organs for transplant, with the result that some people might be diagnosed as dead too hastily. This concern is inval...
- Brendan Parent, Angela Turi
- 2020
1.2 Legal definition of death. Bland, Lords Browne-Wilkinson, Goff and Keith: accepted that brain stem death was the definition of death for the purposes of medicine and law. Held: P, although suffering from persistent vegetative state (PVS), was not brain stem dead and thus was still alive.
Jun 6, 2015 · Because there is no UK legal definition of death, common law acceptance of death verification by use of professional guidance provides the legal standard. 1 Although death is most frequently confirmed by use of circulatory criteria, neurological determination of death (NDD) after catastrophic brain injury in patients on mechanical ventilation ...
- Joe Brierley
- 2015
Jan 23, 2019 · The legal claim has been that brain-dead patients are not dead in accordance with the legal definition of brain death, and so are wrongly being declared dead. Yet, the definitions of brain death in these countries are not the same. In this editorial, we examine the significance of these legal challenges and their potential impact on intensive ...
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In addition to its cultural and religious importance, a definition of death is needed to resolve a number of legal issues (besides deciding whether to terminate medical care or transplant organs) such as homicide, damages for the wrongful death of a person, property and wealth transmission, insurance, taxes, and marital status.
