Beyond Brain Death?

Halevy, Amir

doi:10.1076/jmep.26.5.493.3004

Cited by 28 publications

(13 citation statements)

References 14 publications

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“…No such analogue exists for neural activity. 16 See the previously referenced articles by Shewmon, as well as Halevy, 2001;Halevy and Brody, 1993;Potts, Byrne and Nilges (eds. ), 2000;Truog, 1997;Fackler, 1992, andRobinson, 2003 for more sustained arguments against this equivalence.…”

Section: Notesmentioning

confidence: 97%

Consent for Organ Retrieval Cannot be Presumed

Collins

2009

HEC Forum

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Section: Notesmentioning

confidence: 97%

Consent for Organ Retrieval Cannot be Presumed

Collins

2009

HEC Forum

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“…The passing of both acts on the same day signifies and is perceived by 6 11 This section holds that doctors who determine the death of a person should not be involved in organ transplantation. VOLUME 20, NOS.…”

Section: Reviews In the Neurosciencesmentioning

confidence: 99%

Israel's New Brain-Respiratory Death Act: One Step Forward or Two Steps Backward?

Sperling

2009

Reviews in the Neurosciences

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Although the legalization of the concept of brain death in Israel may be similar to that in other developed countries, much doubt surrounds its wisdom and practical effect. The new Israeli act raises theoretical and practical concerns, which were not fully anticipated by lawmakers. The article describes the new law and elaborates on key issues deriving from the regulation of brain death. Its main argument is that the new legislation of brain-respiratory death suffers from some major problems that need to be addressed so that it will have some meaningful, let alone less detrimental bearing on the acceptance of brain death in Israel and the practice of its determination.

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“…Unfortunately, the Council's new rationale also fails in light of the evidence regarding the capabilities of individuals with ‘total brain failure.’ These individuals can perform vital work by being receptive to and acting upon their surrounding environment, as reflected, for example, in their ability to maintain body temperature, heal wounds and fight infections 11. Although individuals with ‘total brain failure’ have permanently lost consciousness and thus the ability to interact with others, they have not lost abilities that are essential to life.…”

Section: Why ‘Whole Brain Death’ and ‘Total Brain Failure’ Are Not Deathmentioning

confidence: 99%

Death and legal fictions: Table 1

2011

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Advances in life-saving technologies in the past few decades have challenged our traditional understandings of death. Traditionally, death was understood to occur when a person stops breathing, their heart stops beating and they are cold to the touch. Today, physicians determine death by relying on a diagnosis of 'total brain failure' or by waiting a short while after circulation stops. Evidence has emerged, however, that the conceptual bases for these approaches to determining death are fundamentally flawed and depart substantially from the established biological conception of death. We argue that the current approach to determining death consists of two different types of unacknowledged legal fictions. These legal fictions were developed for practices that are largely ethically legitimate but need to be reconciled with the law. The considerable debate over the determination of death in the medical and scientific literature has not informed the public that vital organs are being procured from still-living donors and it seems unlikely that this information can remain hidden for long. Given the instability of the status quo and the difficulty of making the substantial legal changes required by complete transparency, we argue for a second-best policy solution: acknowledging the legal fictions involved in determining death to move in the direction of greater transparency. This may someday result in more substantial legal change to directly confront the challenges raised by life-sustaining and life-preserving technologies without the need for fictions.

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Beyond Brain Death?

Cited by 28 publications

References 14 publications

Consent for Organ Retrieval Cannot be Presumed

Consent for Organ Retrieval Cannot be Presumed

Israel's New Brain-Respiratory Death Act: One Step Forward or Two Steps Backward?

Death and legal fictions: Table 1

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