scholarly journals Acceptance of Whole-Brain Death Criteria for Determination of Death: A Comparative Analysis of the United States and Japan

1999 ◽  
Vol 17 (1) ◽  
Author(s):  
Samantha Weyrauch
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Brain Death ◽  
The United States ◽  
Determination Of Death ◽  
Whole Brain ◽  
Whole Brain Death

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

2019 ◽  
Vol 47 (S4) ◽  
pp. 9-24 ◽  
Author(s):  
Ariane Lewis ◽  
Richard J. Bonnie ◽  
Thaddeus Pope ◽  
Leon G. Epstein ◽  
David M. Greer ◽  
...  
Keyword(s):  
United States ◽  
Clinical Practice ◽  
Brain Death ◽  
The United States ◽  
Determination Of Death ◽  
State Laws ◽  
Medical Standards ◽  
Key Issues ◽  
Death By Neurologic Criteria

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.

Brain Death — Too Flawed to Endure, Too Ingrained to Abandon

2007 ◽  
Vol 35 (2) ◽  
pp. 273-281 ◽  
Author(s):  
Robert D. Truog
Keyword(s):  
United States ◽  
Brain Death ◽  
The United States ◽  
Determination Of Death ◽  
Medical Standards ◽  
The World ◽  
The Brain ◽  
Irreversible Cessation ◽  
Made In

The concept of brain death was recently described as being “at once well settled and persistently unresolved.” Every day, in the United States and around the world, physicians diagnose patients as brain dead, and then proceed to transplant organs from these patients into others in need. Yet as well settled as this practice has become, brain death continues to be the focus of controversy, with two journals in bioethics dedicating major sections to the topic within the last two years.By way of background, the Uniform Determination of Death Act states that “[a]n 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.” In other words, death can be defined by either cardiorespiratory or neurological criteria, with “brain death” representing the loss of all brain function. This standard, or closely related variants, has become the accepted approach throughout the United States and in many parts of the world.

Contentious Ethical and Legal Aspects of Determination of Brain Death

2018 ◽  
Vol 38 (05) ◽  
pp. 576-582 ◽  
Author(s):  
Ariane Lewis
Keyword(s):  
United States ◽  
Brain Death ◽  
The United States ◽  
Legal Aspects ◽  
Determination Of Death ◽  
The World ◽  
Death By Neurologic Criteria ◽  
Role Of Religion

AbstractAlthough the concept of death by neurologic criteria is accepted throughout much of the world and death can legally be determined by neurologic criteria throughout the United States, the process is fraught with contentious ethical and legal controversies. I explore historic and contemporary ethical and legal disputes about determination of death by neurologic criteria including the need for consent from patients' surrogates prior to determination of death, the role of religion in determination of death, management of objections to determination of death by neurologic criteria, the approach to patients who are dead by neurologic criteria but are pregnant, and gamete retrieval after determination of death.

Donation After Circulatory Determination of Death Donor Characteristics and Lung Donor Utilization Within the United States

2015 ◽  
Vol 34 (4) ◽  
pp. S280-S281
Author(s):  
J.J. Mooney ◽  
H. Hedlin ◽  
P.K. Mohabir ◽  
R.V. Guillamet ◽  
R. Ha ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Determination Of Death ◽  
Donor Characteristics

719: Variability in the Neurologic Determination of Death in Pediatric Institutions in the United States

2020 ◽  
Vol 49 (1) ◽  
pp. 355-355
Author(s):  
Conall Francoeur ◽  
Matthew Weiss ◽  
Jennifer MacDonald ◽  
Craig Press ◽  
Robert Berg ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Determination Of Death

Recipient Outcomes in Donation After Circulatory Determination of Death Lung Donors Within the United States

2015 ◽  
Vol 34 (4) ◽  
pp. S279
Author(s):  
J.J. Mooney ◽  
H. Hedlin ◽  
P.K. Mohabir ◽  
R.V. Guillamet ◽  
R. Ha ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Determination Of Death

scholarly journals Lung Quality and Utilization in Controlled Donation After Circulatory Determination of Death Within the United States

2016 ◽  
Vol 16 (4) ◽  
pp. 1207-1215 ◽  
Author(s):  
J. J. Mooney ◽  
H. Hedlin ◽  
P. K. Mohabir ◽  
R. Vazquez ◽  
J. Nguyen ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Determination Of Death

Death, Brain Death, and the Limits of Science: Why the Whole-Brain Concept of Death is a Flawed Public Policy

2010 ◽  
Vol 38 (3) ◽  
pp. 667-683 ◽  
Author(s):  
Mike Nair-Collins
Keyword(s):  
Public Policy ◽  
Brain Death ◽  
Brain Stem ◽  
Real World ◽  
Determination Of Death ◽  
Whole Brain ◽  
Legislative Changes ◽  
The Brain ◽  
Irreversible Cessation

The 1981 Uniform Determination of Death Act (UDDA) states:An individual that 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.The “whole-brain concept of death,” appealed to in the UDDA, has been roundly criticized for many years. However, despite a great deal of legitimate criticism in academic circles no real clinical or legislative changes have come about. At least one reason for this inertia is aptly stated by James Bernat, one of the principal and founding proponents of the brain death doctrine: “In the real world of public policy on biological issues, we must frequently make compromises or approximations to achieve acceptable practices and laws.” While acknowledging that the brain death doctrine is not flawless and that he and other proponents have been unable to address all valid criticisms, Bernat nonetheless maintains that the brain death doctrine is optimal public policy.

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