Download PDF by M. Potts, P.A. Byrne, R.G. Nilges: Beyond Brain Death - The Case Against Brain based Critieria

By M. Potts, P.A. Byrne, R.G. Nilges

ISBN-10: 0306468824

ISBN-13: 9780306468827

ISBN-10: 079236578X

ISBN-13: 9780792365785

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Extra info for Beyond Brain Death - The Case Against Brain based Critieria for Human Death - Philosophy and Medicine Vol 66

Sample text

The text of the thirty statutes mentioned above, along with a comparative analysis of their wordings, is contained in the Report of the President’s Commission (pp. 109-134). There seems little need simply to transcribe that material here. S. A. BYRNE, S. M. W. SALSICH, JR. have adopted it and one state (New York) has adopted similar legislation. It will be introduced into the state legislature of Iowa in 2000 (National Commission, 2000)]. B. The Change in Medical Practice The first “brain death” statute was adopted in 1970 (Kansas, 1971).

Yet the goal of medical practice in establishing ever more accurate ways to determine death has BRAIN DEATH—THE PATIENT, THE PHYSICIAN, AND SOCIETY 27 been to make sure that a person who was still alive would not be treated as if dead. Mistakes could still be made in either sense. Despite one’s best efforts, not only could one judge someone who is still alive to be dead but, at least in principle, one could judge a person to be alive who had already died. Before the advent of the ventilator and more complex life support systems, the latter mistake was not only so rare as to seem impossible but of no importance if it did occur.

BYRNE, S. M. W. SALSICH, JR. and the organism will disintegrate. If the central nervous system is destroyed, neurological control from the brain is irretrievably stopped. Let us return to the question: Are there two kinds of personal death? If the answer to the latter question is affirmative, then, since the two “deaths” of a single individual may be separated by several days, would it not be better to recognize them both at law, speaking unequivocally of “those with destroyed brains” and “those who have died” and construct appropriate legislation for dealing with each?

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Beyond Brain Death - The Case Against Brain based Critieria for Human Death - Philosophy and Medicine Vol 66 by M. Potts, P.A. Byrne, R.G. Nilges


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