Open AccessDetermination of Death and the Dead Donor Rule: A Survey of the Current Law on Brain Death
Author(s) -
Nikolas T. Nikas,
Dorinda C. Bordlee,
Madeline Moreira
Publication year - 2016
Publication title -
the journal of medicine and philosophy/journal of medicine and philosophy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.328
H-Index - 49
eISSN - 1744-5019
pISSN - 0360-5310
DOI - 10.1093/jmp/jhw002
Subject(s) - statute , dignity , interpretation (philosophy) , law , state (computer science) , balance (ability) , death with dignity , political science , psychology , neuroscience , philosophy , computer science , linguistics , algorithm
Despite seeming uniformity in the law, end-of-life controversies have highlighted variations among state brain death laws and their interpretation by courts. This article provides a survey of the current legal landscape regarding brain death in the United States, for the purpose of assisting professionals who seek to formulate or assess proposals for changes in current law and hospital policy. As we note, the public is increasingly wary of the role of organ transplantation in determinations of death, and of the variability of brain death diagnosing criteria. We urge that any attempt to alter current state statutes or to adopt a national standard must balance the need for medical accuracy with sound ethical principles which reject the utilitarian use of human beings and are consistent with the dignity of the human person. Only in this way can public trust be rebuilt.