2008
DOI: 10.1111/j.1748-720x.2008.00340.x
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Brain Death Revisited: The Case for a National Standard

Abstract: The concept of brain death--first defined decades ago--still presents medical, ethical, and legal challenges despite its widespread acceptance in clinical practice and in law. This article reviews the medicine, law, and ethics of brain death, including the current inconsistencies in brain death determinations, which a lack of standardized federal policy promotes, and argues that a standard brain death policy to be used by all hospitals in all states should be created.

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Cited by 21 publications
(9 citation statements)
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“…While each institution and state may have specific guidelines for the determination of brain death in infants and children, we should work with national medical societies to achieve a uniform approach to declaring death that can be incorporated in all hospital policies. 75 This will help eliminate confusion among medical personnel thereby fostering further trust from the community of patients and families that we serve.…”
Section: Future Directionsmentioning
confidence: 99%
“…While each institution and state may have specific guidelines for the determination of brain death in infants and children, we should work with national medical societies to achieve a uniform approach to declaring death that can be incorporated in all hospital policies. 75 This will help eliminate confusion among medical personnel thereby fostering further trust from the community of patients and families that we serve.…”
Section: Future Directionsmentioning
confidence: 99%
“…This statutory inconsistency, along with the varying state and institutional standards for diagnosing brain death, has led to renewed calls for a uniform national standard. 16…”
Section: Legal Perspectivementioning
confidence: 99%
“…This statutory inconsistency, along with the varying state and institutional standards for diagnosing brain death, has led to renewed calls for a uniform national standard. 16 In the case presented, SP's physicians have made a medical determination of brain death. If that conclusion has been reached in conformance with prevailing state law, SP is dead.…”
Section: Voltairementioning
confidence: 99%
“…Developing uniform national practice guidelines for circulatory-respiratory death determinations in DCD is desirable for the same reason that they have been advocated for brain death determinations (Choi et al, 2008). Guidelines should be based on a rigorous analysis of death accompanied by prudential societal considerations.…”
Section: Future Directionsmentioning
confidence: 99%