? THANATOS, MORTE, MORT
What are the
What is the
Legal Definition? The Law?
MISTAKES ARE MADE!!
I. People are thought to be DEAD
but really are ALIVE!!!
This can happen anywhere. Due to:
II. People are thought to be ALIVE but are really DEAD !!!
This can happen anywhere but primarily in New York State. Due to:
for treatment of cadaver as a living person
for practicing procedures
for organ transplantation
1. Vital Fluids
3. Bodily integration
Life signs: maintain and duplicate
YORK is the only State NOT to specifically recognize Irreversible COMA .
A court decision in NY permits medical personnel to stop all support measure for
a person in irreversible coma and then pronounce death when heart and lung
activity cease. Thos who act to halt support will not be liable for the
death: the condition that led to irreversible coma would be the cause of death.
. A court decision in NY permits medical personnel to stop all support measure for a person in irreversible coma and then pronounce death when heart and lung activity cease. Thos who act to halt support will not be liable for the death: the condition that led to irreversible coma would be the cause of death.
groups are advocating a change in the law to move from
brain criteria back to the heart and lung criteria.
Determination of death
The law generally supports customary medical practice and
provides the medical profession with a great deal of autonomy. A dramatic
example is the determination of death
and the issuance of a death
certificate. In almost every country of the world a physician declares a person
dead and issues a death certificate
after a determination of death is
made in accordance with accepted medical standards. A question that recently
appeared was whether physicians should continue to be given the authority to
declare a person dead if the medical profession were to adopt whole brain death
as an acceptable definition of death
(instead of the past definition of irreversible cessation of respiration and
heartbeat). A mechanical respirator can artificially maintain the respiration
and circulation of a person whose functions would cease without such mechanical
support. In the late 1960s the potentials of organ transplantation from such
persons were becoming realized, and the seeming futility of devoting limited
medical resources to maintaining circulation under such circumstances was of
growing concern. Physicians began proposing that irreversible cessation of brain
activity be used as an alternative definition of death.
Since that time, most Western countries have adopted a
revised definition, by either continuing to permit physicians to declare death,
passing a specific statute endorsing this brain oriented definition, or issuing
court opinions giving approval to physicians' declarations of death
in such circumstances. The law, in short, has continued to defer to medical
practice in the definition of death
The countries that have not adopted brain oriented death
criteria have not done so primarily for cultural and religious reasons. For
example, Japan has refused to adopt a brain-based definition of death
in part because it would conflict with religious tenets that require the death
of all major organs prior to a pronouncement of death.
Accordingly, such medical techniques as heart transplantation cannot be
performed in Japan (or in any country that does not accept a brain-death definition).
Harvesting a beating heart from a person is considered in such countries to be homicide, even though brain activity has ceased and respiration is being maintained artificially.
What shall be
the criteria for a new law?
citizens you have a right to express your views and your values.
You donít want to pronounce people dead who are alive.
You donít want to pronounce people alive who are dead.
You donít want to pronounce people dead because you donít like
You donít want to pronounce people dead because you ant the organs.
In the meantime be cautious of medical personnel using the terms "coma" and "brain death". Ask for clarification and critical testing.