Citation

Nikas NT, Bordlee DC, Moreira M. J. Med. Philos. 2016; 41(3): 237-256.

Affiliation

Bioethics Defense Fund, Scottsdale, Arizona, USABioethics Defense Fund, Scottsdale, Arizona, USABioethics Defense Fund, Scottsdale, Arizona, USA.

Copyright

(Copyright © 2016, Society for Health and Human Values, Publisher University of Chicago Press)

DOI

10.1093/jmp/jhw002

PMID

27097648

Abstract

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.

© The Author 2016. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Language: en