LEGAL DEFINITION OF DEATH

@article{Capron1978LEGALDO,
  title={LEGAL DEFINITION OF DEATH},
  author={Alexander M Capron},
  journal={Annals of the New York Academy of Sciences},
  year={1978},
  volume={315}
}
  • A. Capron
  • Published 1 November 1978
  • Law
  • Annals of the New York Academy of Sciences
Current antagonism notwithstanding, substantive conflict between medicine and the law is minor. Basically, good medicine is still good law-that is, actions of a physician that are acceptable among his or her colleagues will seldom be deemed improper by the legal system.’ There may, however, be times when good law does not seem like good medicine, and indeed when doctors think that the law makes no sense at all. This can sometimes result from the law’s well-known ability to engage in what are… 
A Statutory Definition of the Standards for Determining Human Death
TLDR
Some legislation may be needed for the protection of the public as well as the medical profession, and, in any event, many more states will probably be enacting such statutes in the near future.
The Report of the President’s Commission on the Uniform Determination of Death ACT
I have been asked to describe and assess the work of the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research on the problem of “defining”
Ethical Dilemmas in Pediatrics: Autonomy, community, and futility: moral paradigms for the long-term ventilation of a severely impaired child
TLDR
This work explores why, after having successfully executed “long-term ventilation in a child with severe central nervous system impairment,” Drs.
President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research.
TLDR
The Commission concluded that, in light of the ever increasing powers of biomedical science and practice, a statute is needed to provide a clear and socially-accepted basis for making determinations of death.
Doubts about Death: The Silence of the Institute of Medicine
  • J. Menikoff
  • Medicine
    The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics
  • 1998
TLDR
IOM’s recent report, in part outlining the conditions under which such a declaration of death can be made, is likely to be a major impetus for the growth of NHBD programs.
Legal Issues Leading to the Notion of Neocortical Death
All human beings know the fact and reality of death, yet like Alice, our existence is in many ways a search to understand death. As Samuel Johnson observed to Boswell, “the whole of life is but
Ethical Dilemmas in Pediatrics: Letting go: a study in pediatric life-and-death decision making
TLDR
Family beliefs, religion, medical science, social values, and the ongoing debate over the importance of individual human life will interact, and sometimes clash, during the process which will culminate in a decision to withdraw aspects of medical care for a child.
Neuroscience and Brain Death Controversies: The Elephant in the Room
TLDR
The primary claim that brain death equates to biological death has then been de facto falsified and the philosophical underpinning of the definition based on loss of capacity for consciousness as well as the criteria, and tests in brain death determination are incongruent with empirical evidence.
The definition and criterion of death.
  • J. Bernat
  • Medicine
    Handbook of clinical neurology
  • 2013
Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act
TLDR
The legal history and current laws regarding neurologic criteria to declare death are reviewed and proposed revisions to the Uniform Determination of Death Act (UDDA) are offered and the rationale for these recommendations are offered.
...
1
2
3
4
5
...

References

SHOWING 1-10 OF 15 REFERENCES
The Kansas statute on death--an appraisal.
TLDR
The Kansas Statute is too biased toward facilitating transplant surgery, ignoring the fact that most problems relate to other dying patients, and world opinion is ignored by not building into the law such safeguards as requiring two physicians to announce death, and the response of these from the transplant team.
The purpose of death: a reply to Professor Dworkin.
"But men may construe things after their [own] fashion,Clean from the purpose of the things themselves."William Shakespeare*The recent transplantation at the Stanford Medical Center of theheart and
Statutory Definition of the Standards for Determining Human Death: An Appraisal and a Proposal
*This Article grew out of discussions held by the Research Group (formerly Task Force) on Death and Dying of the Institute of Society, Ethics and the Life Sciences, a nonprofit organization engaged
Brain death. II. A status report of legal considerations.
TLDR
It is shown that total destruction of the brain constitutes a determinant of death, which is in accord with secular philosophy and the three major Western religions, and legal issues that arise from use of brain-related criteria to pronounce death are considered.
Brain death. I. A status report of medical and ethical considerations.
TLDR
It is shown that the concept of brain death is in accord with secular philosophy and the three major Western religions and the need for legislative recognition that death may be pronounced on the basis of neurologic criteria is Documented.
The Kansas death statute: bold and innovative.
  • D. H. Mills
  • Political Science
    The New England journal of medicine
  • 1971
By permitting their physicians to use the concept of brain death, the people of Kansas have scored a legislative precedent. Nowhere else in the common-law world do doctors have knowledge of this ri...
Legal and medical death--Kansas takes the first step.
Come away, come away, death And in sad cypress let me be laid; Fly away, fly away, breath; I am slain by a fair cruel maid. My shroud of white, stuck all with yew, O prepare it! My part of death, n...
Brain death: I. Angiographic correlation with the radioisotopic bolus technique for evaluation of critical deficit of cerebral blood flow
TLDR
The bolus technique is a helpful adjunct in diagnosing brain death and indicates that either form of tracing represents a critical decrease of cerebral blood flow.
Brain death: II. Neuropathological correlation with the radioisotopic bolus technique for evaluation of critical deficit of cerebral blood flow
Diffuse necrosis and autolysis were found in the brains from 6 comatose, respirator‐supported patients in whom the bolus technique demonstrated no cerebral blood flow during a period exceeding 20
...
1
2
...