z-logo
Premium
Brain Death and the Law: Hard Cases and Legal Challenges
Author(s) -
Pope Thaddeus
Publication year - 2018
Publication title -
hastings center report
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.515
H-Index - 63
eISSN - 1552-146X
pISSN - 0093-0334
DOI - 10.1002/hast.954
Subject(s) - legislature , organ donation , certainty , law , action (physics) , legal certainty , political science , psychology , medicine , transplantation , philosophy , physics , surgery , epistemology , quantum mechanics
The determination of death by neurological criteria—“brain death”—has long been legally established as death in all U.S. jurisdictions. Moreover, the consequences of determining brain death have been clear. Except for organ donation and in a few rare and narrow cases, clinicians withdraw physiological support shortly after determining brain death. Until recently, there has been almost zero action in U.S. legislatures, courts, or agencies either to eliminate or to change the legal status of brain death. Despite ongoing academic debates, the law concerning brain death has remained stable for decades. However, since the Jahi McMath case in 2013, this legal certainty has been increasingly challenged. Over the past five years, more families have been emboldened to translate their concerns into legal claims challenging traditional brain death rules. While novel, these claims are not frivolous. Therefore, it is important to understand them so that we can address them most effectively .

This content is not available in your region!

Continue researching here.

Having issues? You can contact us here