Death and Taxes No More: The Neurorespiratory Proposal and the UDDA

Abstract

The question of whether an assessment of brain death is appropriate to declare actual death, particularly in the case of organ donation, is a heavily debated one in modern medicine, especially in the realm of Catholic bioethics. Recently proposed changes to the Uniform Law Commission’s Uniform Determination of Death Act threatens to complicate the matter by redefining brain death to better fit the results of the existing test rather than changing the test to better evaluate the condition of a patient’s brain. The proposal abandons the standard medical imperative to pursue the good of the patient in favor of a utilitarian mindset based solely on functionality. In short, the new proposal is not only counter to the Catholic concept of bioethics, but also counter to the best practices of medicine.