2011
DOI: 10.1212/wnl.0b013e31820e7bbe
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Brain death and the courts

Abstract: Brain death determinations have been challenged in courts, but no systematic study has been published in the medical literature. Court cases on brain death determination could provide some insights for the clinical practice of physicians. We reviewed legal cases between 1980 and 2010 involving neurologic criteria for death since adoption of the Uniform Determination of Death Act. Court rulings on brain death determination are uncommon, but 2 major themes emerged: consequences of documentation of the time of br… Show more

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Cited by 35 publications
(24 citation statements)
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“…Death by neurologic criteria (DNC) is legally accepted throughout the United States as equivalent to cardiopulmonary death. 1 The American Academy of Neurology (AAN) advises that organ support be discontinued after declaration of DNC unless donation is planned, 2 but families sometimes request continuation of support. [3][4][5][6][7][8][9] Four states have legal accommodation exceptions.…”
mentioning
confidence: 99%
“…Death by neurologic criteria (DNC) is legally accepted throughout the United States as equivalent to cardiopulmonary death. 1 The American Academy of Neurology (AAN) advises that organ support be discontinued after declaration of DNC unless donation is planned, 2 but families sometimes request continuation of support. [3][4][5][6][7][8][9] Four states have legal accommodation exceptions.…”
mentioning
confidence: 99%
“…The social attitude against the acceptance of brain death is an evident example. Although brain death is world-widely accepted concept [20], the policy on when to termination treatment with a ventilator after the diagnosis of brain death differs between countries and even between states in the US [21]. Brain death is still not accepted as “general” death in Japan, which is only diagnosed when organ donation for transplantation is attempted [22].…”
Section: Discussionmentioning
confidence: 99%
“…8 The UDDA, or a close approximation of it, has since been accepted as judicial or statutory law in every state. 9 In response to some specific questions the Commission posed about brain death, the AAN produced guidelines on brain death determination in adults in 1995. 10 These were subsequently updated in 2010 and endorsed by the Neurocritical Care Society, the Child Neurology Society, the Radiological Society of North America, and the American College of Radiology.…”
Section: Historymentioning
confidence: 99%