Definitions and implications of death

Anna V Schlotzhauer1, Bryan A Liang

  • 1Health Law & Policy Institute, University of Houston Law Center, 100 Law Center, Houston, TX 77204-6060, USA.

Understanding the legal definition of whole-brain death is imperative for hematologists and oncologists who deal with end-of-life patients on a regular basis. At present, only whole-brain death in which there is no function of the upper brain or brain stem is legally recognized as legal death. Those advocating expansion of the current definition of death to encompass patients with higher brain death and brain-absent anencephalic infants cite increasing the organ pool and decreasing unnecessary treatment and costs as benefits. Those advocating a more narrow definition of death typically fear being misdiagnosed or prefer the traditional cardiopulmonary definition for personal and religious reasons. As medical technology advances, offering new hope to both the critically injured patients who might be potential donors and to those patients in need of donated organs, the definition of death will continue to be a topic of passionate debate.

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