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  1. How the Distinction between "Irreversible" and "Permanent" Illuminates Circulatory-Respiratory Death Determination.James L. Bernat - 2010 - Journal of Medicine and Philosophy 35 (3):242-255.
    The distinction between the "permanent" (will not reverse) and "irreversible" (cannot reverse) cessation of functions is critical to understand the meaning of a determination of death using circulatory–respiratory tests. Physicians determining death test only for the permanent cessation of circulation and respiration because they know that irreversible cessation follows rapidly and inevitably once circulation no longer will restore itself spontaneously and will not be restored medically. Although most statutes of death stipulate irreversible cessation of circulatory and respiratory functions, the accepted (...)
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  • Time for Federal Standards on Death Determination: The National Determination of Death Act.Thaddeus Mason Pope - 2024 - American Journal of Bioethics 24 (1):111-113.
    Ariane Lewis offers a comprehensive and expert review of ethical issues raised by brain death in the United Kingdom and how they compare to management of those issues in the United States (Lewis 20...
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  • Determination of Death and the Dead Donor Rule: A Survey of the Current Law on Brain Death.Nikolas T. Nikas, Dorinda C. Bordlee & Madeline Moreira - 2016 - Journal of Medicine and Philosophy 41 (3):237-256.
    Despite seeming uniformity in the law, end-of-life controversies have highlighted variations among state brain death laws and their interpretation by courts. This article provides a survey of the current legal landscape regarding brain death in the United States, for the purpose of assisting professionals who seek to formulate or assess proposals for changes in current law and hospital policy. As we note, the public is increasingly wary of the role of organ transplantation in determinations of death, and of the variability (...)
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  • Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act.Ariane Lewis, Richard J. Bonnie, Thaddeus Pope, Leon G. Epstein, David M. Greer, Matthew P. Kirschen, Michael Rubin & James A. Russell - 2019 - Journal of Law, Medicine and Ethics 47 (S4):9-24.
    Although death by neurologic criteria is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: the medical standards used to determine death by neurologic criteria, management of family objections before determination of death by neurologic criteria, and management of religious objections to declaration of death by neurologic criteria. The American Academy of Neurology and other medical stakeholder organizations involved in the determination of death by neurologic criteria have undertaken concerted action to address variation (...)
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  • Organ Donation, Brain Death and the Family: Valid Informed Consent.Ana S. Iltis - 2015 - Journal of Law, Medicine and Ethics 43 (2):369-382.
    I argue that valid informed consent is ethically required for organ donation from individuals declared dead using neurological criteria. Current policies in the U.S. do not require this and, not surprisingly, current practices inhibit the possibility of informed consent. Relevant information is withheld, opportunities to ensure understanding and appreciation are extremely limited, and the ability to make and communicate a free and voluntary decision is hindered by incomplete disclosure and other practices. Current practices should be revised to facilitate valid informed (...)
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  • Aproximación crítica a los problemas sociales de la muerte encefálica.Ricardo Hodelín Tablada - 2012 - Humanidades Médicas 12 (1):119-136.
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