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Defining death. Developments in recent law.

M G Ventura1, P G Masser

  • 1Johns Hopkins Hospital, Baltimore, Maryland.

Critical Care Clinics
|July 1, 1985
PubMed
Summary
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Legal standards for defining death using neurologic criteria have progressed through courts and legislatures. This study examines competing proposals and adopted standards across jurisdictions for brain death determination.

Area of Science:

  • Medical Law
  • Neurology
  • Bioethics

Background:

  • The definition of death has evolved, moving beyond cardiopulmonary criteria.
  • Neurologic criteria for determining death have gained increasing acceptance.

Purpose of the Study:

  • To trace the development and acceptance of legal standards for death based on neurologic criteria.
  • To analyze competing medical and legal proposals for defining death.
  • To document the legal standards adopted in various jurisdictions.

Main Methods:

  • Review of legislative actions and judicial decisions.
  • Analysis of professional and advisory body recommendations.
  • Comparative examination of different legal and medical formulations.

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Main Results:

  • Significant progress has been made in establishing neurologic criteria for death.
  • Various jurisdictions have adopted differing legal standards for brain death.
  • Competing medical and legal proposals influenced the final standards.

Conclusions:

  • The acceptance of neurologic criteria for defining death represents a significant legal and medical advancement.
  • Understanding the diversity of adopted standards is crucial for consistent application.
  • Ongoing evaluation of these standards is necessary.