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  1. Frequent Preservation of Neurologic Function in Brain Death and Brainstem Death Entails False-Positive Misdiagnosis and Cerebral Perfusion.Michael Nair-Collins & Ari R. Joffe - 2023 - American Journal of Bioethics Neuroscience 14 (3):255-268.
    Some patients who have been diagnosed as “dead by neurologic criteria” continue to exhibit certain brain functions, most commonly, neuroendocrine functions. This preservation of neurologic function after the diagnosis of “brain death” or “brainstem death” is an ongoing source of controversy and concern in the medical, bioethics, and legal literatures. Most obviously, if some brain function persists, then it is not the case that all functions of the entire brain have ceased and hence, declaring such a patient to be “dead” (...)
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  • Death as the Cessation of an Organism and the Moral Status Alternative.Piotr Grzegorz Nowak - 2023 - Journal of Medicine and Philosophy 48 (5):504-518.
    The mainstream concept of death—the biological one—identifies death with the cessation of an organism. In this article, I challenge the mainstream position, showing that there is no single well-established concept of an organism and no universal concept of death in biological terms. Moreover, some of the biological views on death, if applied in the context of bedside decisions, might imply unacceptable consequences. I argue the moral concept of death—one similar to that of Robert Veatch—overcomes such difficulties. The moral view identifies (...)
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  • Ethische Relevanz und faktische Mängel in der Kommunikation von Spezifika der Organspende nach Kreislaufstillstand.Markus Christen & Martina Gloor - 2018 - Ethik in der Medizin 30 (4):343-361.
    ZusammenfassungIn zahlreichen Ländern nimmt die Zahl von Organspenden nach Kreislaufstillstand zu, obwohl in der Medizinethik verschiedene Aspekte der DCDD kritisch diskutiert werden. In unserer Arbeit identifizieren wir ethisch relevante Aspekte der DCDD basierend auf einer umfassenden Literaturanalyse. Wir fokussieren dabei insbesondere auf zwei Aspekte: vorbereitende Maßnahmen und Irreversibilität des Todeskriteriums. Danach untersuchen wir in einer weltweit durchgeführten Auswertung von Webseiten von Organspende-Organisationen und einer begleitenden Umfrage, inwieweit diese ethisch relevanten Aspekte von DCDD in der Information potenziell spendewilliger Personen eine Rolle (...)
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  • A Defense of Brain Death.Nada Gligorov - 2016 - Neuroethics 9 (2):119-127.
    In 1959 two French neurologists, Pierre Mollaret and Maurice Goullon, coined the term coma dépassé to designate a state beyond coma. In this state, patients are not only permanently unconscious; they lack the endogenous drive to breathe, as well as brainstem reflexes, indicating that most of their brain has ceased to function. Although legally recognized in many countries as a criterion for death, brain death has not been universally accepted by bioethicists, by the medical community, or by the public. I (...)
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  • An analysis of heart donation after circulatory determination of death.Anne Laure Dalle Ave, David Shaw & James L. Bernat - 2016 - Journal of Medical Ethics 42 (5):312-317.
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  • Abandoning the dead donor rule? A national survey of public views on death and organ donation.Michael Nair-Collins, Sydney R. Green & Angelina R. Sutin - 2015 - Journal of Medical Ethics 41 (4):297-302.
    Brain dead organ donors are the principal source of transplantable organs. However, it is controversial whether brain death is the same as biological death. Therefore, it is unclear whether organ removal in brain death is consistent with the ‘dead donor rule’, which states that organ removal must not cause death. Our aim was to evaluate the public9s opinion about organ removal if explicitly described as causing the death of a donor in irreversible apneic coma. We conducted a cross-sectional internet survey (...)
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  • Moral Evaluations of Organ Transplantation Influence Judgments of Death and Causation.Michael Nair-Collins & Mary A. Gerend - 2015 - Neuroethics 8 (3):283-297.
    Two experiments investigated whether moral evaluations of organ transplantation influence judgments of death and causation. Participants’ beliefs about whether an unconscious organ donor was dead and whether organ removal caused death in a hypothetical vignette varied depending on the moral valence of the vignette. Those who were randomly assigned to the good condition were more likely to believe that the donor was dead prior to organ removal and that organ removal did not cause death. Furthermore, attitudes toward euthanasia and organ (...)
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  • Whither Brain Death?James L. Bernat - 2014 - American Journal of Bioethics 14 (8):3-8.
    The publicity surrounding the recent McMath and Muñoz cases has rekindled public interest in brain death: the familiar term for human death determination by showing the irreversible cessation of clinical brain functions. The concept of brain death was developed decades ago to permit withdrawal of therapy in hopeless cases and to permit organ donation. It has become widely established medical practice, and laws permit it in all U.S. jurisdictions. Brain death has a biophilosophical justification as a standard for determining human (...)
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  • Reevaluating the Dead Donor Rule.Mike Collins - 2010 - Journal of Medicine and Philosophy 35 (2):1-26.
    The dead donor rule justifies current practice in organ procurement for transplantation and states that organ donors must be dead prior to donation. The majority of organ donors are diagnosed as having suffered brain death and hence are declared dead by neurological criteria. However, a significant amount of unrest in both the philosophical and the medical literature has surfaced since this practice began forty years ago. I argue that, first, declaring death by neurological criteria is both unreliable and unjustified but (...)
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  • Medicine, Technology, and Religion Reconsidered: The Case of Brain Death Definition in Israel.Hagai Boas, Shai Lavi & Sky Edith Gross - 2019 - Science, Technology, and Human Values 44 (2):186-208.
    The introduction of respiratory machines in the 1950s may have saved the lives of many, but it also challenged the notion of death itself. This development endowed “machines” with the power to form a unique ontological creature: a live body with a “dead” brain. While technology may be blamed for complicating things in the first place, it is also called on to solve the resulting quandaries. Indeed, it is not the birth of the “brain-dead” that concerns us most, but rather (...)
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  • The Moral Status of the Human Embryo.Mark T. Brown - 2018 - Journal of Medicine and Philosophy 43 (2):132-158.
    Moral status ascribes equal obligations and rights to individuals on the basis of membership in a protected group. Substance change is an event that results in the origin or cessation of individuals who may be members of groups with equal moral status. In this paper, two substance changes that affect the moral status of human embryos are identified. The first substance change begins with fertilization and ends with the formation of the blastocyst, a biological individual with moral status comparable to (...)
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  • Review of Nada Gligorov: Neuroethics and the Scientific Revision of Common Sense: Dordrecht: Springer, 2016. 169 pp. USD $99.99 , $79.99. [REVIEW]Paul Boswell - 2017 - Neuroethics 10 (2):319-323.
    This ambitious book aims to make a substantive contribution to six separate debates within neuroethics — the existence of free will, the impact of cognitive enhancement and of memory management on personal identity, the nature of mental privacy, the supposed subjectivity of pain, and the proper definition of death — all in the context of a framing argument concerning the relation between common sense psychological concepts and scientific concepts. Gligorov means to rebut skepticism about folk mental states in the face (...)
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  • Death, Brain Death, and the Limits of Science: Why the Whole-Brain Concept of Death Is a Flawed Public Policy.Mike Nair-Collins - 2010 - Journal of Law, Medicine and Ethics 38 (3):667-683.
    Legally defining “death” in terms of brain death unacceptably obscures a value judgment that not all reasonable people would accept. This is disingenuous, and it results in serious moral flaws in the medical practices surrounding organ donation. Public policy that relies on the whole-brain concept of death is therefore morally flawed and in need of revision.
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  • (3 other versions)Defining Death: Beyond Biology.John P. Lizza - 2018 - Diametros 55:1-19.
    The debate over whether brain death is death has focused on whether individuals who have sustained total brain failure have satisfied the biological definition of death as “the irreversible loss of the integration of the organism as a whole.” In this paper, I argue that what it means for an organism to be integrated “as a whole” is undefined and vague in the views of those who attempt to define death as the irreversible loss of the integration of the organism (...)
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  • A Holistic Understanding of Death: Ontological and Medical Considerations.Doyen Nguyen - 2018 - Diametros 55:44-62.
    In the ongoing ‘brain death’ controversy, there has been a constant push for the use of the ‘higher brain’ formulation as the criterion for the determination of death on the grounds that brain-dead individuals are no longer human beings because of their irreversible loss of consciousness and mental functions. This essay demonstrates that such a position flows from a Lockean view of human persons. Compared to the ‘consciousness-related definition of death,’ the substance view is superior, especially because it provides a (...)
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  • Donation after cardiocirculatory death: a call for a moratorium pending full public disclosure and fully informed consent.Ari R. Joffe, Joe Carcillo, Natalie Anton, Allan deCaen, Yong Y. Han, Michael J. Bell, Frank A. Maffei, John Sullivan, James Thomas & Gonzalo Garcia-Guerra - 2011 - Philosophy, Ethics, and Humanities in Medicine 6:17.
    Many believe that the ethical problems of donation after cardiocirculatory death (DCD) have been "worked out" and that it is unclear why DCD should be resisted. In this paper we will argue that DCD donors may not yet be dead, and therefore that organ donation during DCD may violate the dead donor rule. We first present a description of the process of DCD and the standard ethical rationale for the practice. We then present our concerns with DCD, including the following: (...)
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  • Revisiting the Persisting Tension Between Expert and Lay Views About Brain Death and Death Determination: A Proposal Inspired by Pragmatism.Eric Racine - 2015 - Journal of Bioethical Inquiry 12 (4):623-631.
    Brain death or determination of death based on the neurological criterion has been an enduring source of controversy in academic and clinical circles. The controversy chiefly concerns how death is defined, and it also bears on the justification of the proposed criteria for death determination and their interpretation. Part of the controversy on brain death and death determination stems from disputed crucial medical facts, but in this paper I formulate another hypothesis about the nature of ongoing controversies. At stake is (...)
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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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  • Enacting death: contested practices in the organ donation clinic.Hans Hadders & Anne Hambro Alnaes - 2013 - Nursing Inquiry 20 (3):245-255.
    Based on the fieldwork at two Norwegian Intensive Care Units, we wish to discuss the sometimes inconsistent manner in which death is handled, determined and made real by nurses and other healthcare personnel in high‐tech hospital situations. These discrepancies draw our attention towards different ways of attending to the dying and dead and views about appropriate or inappropriate codes of professional behaviour. As we will argue below, the analytical tools developed by Annemarie Mol are useful for sharpening our understanding of (...)
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  • Public Reason.Jonathan Quong - 2013 - Stanford Encyclopedia of Philosophy.
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  • Diagnosing death 50 years after the Harvard brain death report.Francis J. O’Keeffe & George L. Mendz - 2021 - The New Bioethics 27 (1):46-64.
    More than 50 years after the publication of the Harvard Committee Report that sought to define death according to whole-brain function criteria, this document continues to generate a diversity of o...
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  • Death, unity and the brain.David S. Oderberg - 2019 - Theoretical Medicine and Bioethics 40 (5):359-379.
    The Dead Donor Rule holds that removing organs from a living human being without their consent is wrongful killing. The rule still prevails in most countries, and I assume it without argument in order to pose the question: is it possible to have a metaphysically correct, clinically relevant analysis of human death that makes organ donation possible? I argue that the two dominant criteria of death, brain death and circulatory death, are both empirically and metaphysically inadequate as definitions of human (...)
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  • Reviving Brain Death: A Functionalist View. [REVIEW]Samuel H. LiPuma & Joseph P. DeMarco - 2013 - Journal of Bioethical Inquiry 10 (3):383-392.
    Recently both whole brain death (WBD) and higher brain death (HBD) have come under attack. These attacks, we argue, are successful, leaving supporters of both views without a firm foundation. This state of affairs has been described as “the death of brain death.” Returning to a cardiopulmonary definition presents problems we also find unacceptable. Instead, we attempt to revive brain death by offering a novel and more coherent standard of death based on the permanent cessation of mental processing. This approach (...)
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  • The intractable problems with brain death and possible solutions.Ari R. Joffe, Gurpreet Khaira & Allan R. de Caen - 2021 - Philosophy, Ethics and Humanities in Medicine 16 (1):1-27.
    Brain death has been accepted worldwide medically and legally as the biological state of death of the organism. Nevertheless, the literature has described persistent problems with this acceptance ever since brain death was described. Many of these problems are not widely known or properly understood by much of the medical community. Here we aim to clarify these issues, based on the two intractable problems in the brain death debates. First, the metaphysical problem: there is no reason that withstands critical scrutiny (...)
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  • An unquestioned assumption in the debate on the dead donor rule.Michael Nair-Collins - 2018 - Journal of Medical Ethics 44 (12):872-873.
    Frank Miller and I recently argued that the common assertion that ‘brain dead’ patients merely appear to be alive, though in reality are dead, is false.1 This assertion relies on an inaccurate and overly simplistic understanding of the role of medical technology in the physiology of a ‘brain dead’ patient. In response, Symons and Chua endorsed our conclusions regarding the vital status of the ventilated ‘brain dead’ patient, and then pursued the question: what does this imply if we are to (...)
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  • The Definition of Death.David DeGrazia - 2007 - Stanford Encyclopedia of Philosophy.
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  • Whole-brain death and integration: realigning the ontological concept with clinical diagnostic tests.Daniel P. Sulmasy - 2019 - Theoretical Medicine and Bioethics 40 (5):455-481.
    For decades, physicians, philosophers, theologians, lawyers, and the public considered brain death a settled issue. However, a series of recent cases in which individuals were declared brain dead yet physiologically maintained for prolonged periods of time has challenged the status quo. This signals a need for deeper reflection and reexamination of the underlying philosophical, scientific, and clinical issues at stake in defining death. In this paper, I consider four levels of philosophical inquiry regarding death: the ontological basis, actual states of (...)
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  • A Defense of the Dead Donor Rule.David Magnus - 2018 - Hastings Center Report 48 (S4):36-38.
    Discussion of the “dead donor rule” is challenging because it implicates views about a wide range of issues, including whether and when patients are appropriately declared dead, the validity of the doctrine of double effect, and the moral difference between or equivalence of active euthanasia and withdrawal of life‐sustaining treatment. The DDR will be defined here as the prohibition against removal of organs necessary for the life of the patient—that is, the prohibition of intentionally ending the life of a patient (...)
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  • Do the ‘brain dead’ merely appear to be alive?Michael Nair-Collins & Franklin G. Miller - 2017 - Journal of Medical Ethics 43 (11):747-753.
    The established view regarding ‘brain death’ in medicine and medical ethics is that patients determined to be dead by neurological criteria are dead in terms of a biological conception of death, not a philosophical conception of personhood, a social construction or a legal fiction. Although such individuals show apparent signs of being alive, in reality they are dead, though this reality is masked by the intervention of medical technology. In this article, we argue that an appeal to the distinction between (...)
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  • When are you dead enough to be a donor? Can any feasible protocol for the determination of death on circulatory criteria respect the dead donor rule?Govert den Hartogh - 2019 - Theoretical Medicine and Bioethics 40 (4):299-319.
    The basic question concerning the compatibility of donation after circulatory death protocols with the dead donor rule is whether such protocols can guarantee that the loss of relevant biological functions is truly irreversible. Which functions are the relevant ones? I argue that the answer to this question can be derived neither from a proper understanding of the meaning of the term “death” nor from a proper understanding of the nature of death as a biological phenomenon. The concept of death can (...)
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  • Taking Science Seriously in the Debate on Death and Organ Transplantation.Michael Nair-Collins - 2015 - Hastings Center Report 45 (6):38-48.
    The concept of death and its relationship to organ transplantation continue to be sources of debate and confusion among academics, clinicians, and the public. Recently, an international group of scholars and clinicians, in collaboration with the World Health Organization, met in the first phase of an effort to develop international guidelines for determination of death. The goal of this first phase was to focus on the biology of death and the dying process while bracketing legal, ethical, cultural, and religious perspectives. (...)
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  • The Uniform Determination of Death Act is Not Changing. Will Physicians Continue to Misdiagnose Brain Death?Michael Nair-Collins - forthcoming - American Journal of Bioethics:1-12.
    Efforts to revise the Uniform Determination of Death Act in order to align law with medical practice have failed. Medical practice must now align with the law. People who are not dead under the law that defines death should not be declared dead. There is no compelling reason to continue the practice of declaring legally living persons to be dead.
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  • A Matter of Respect: A Defense of the Dead Donor Rule and of a "Whole-Brain" Criterion for Determination of Death.G. Khushf - 2010 - Journal of Medicine and Philosophy 35 (3):330-364.
    Many accounts of the historical development of neurological criteria for determination of death insufficiently distinguish between two strands of interpretation advanced by advocates of a "whole-brain" criterion. One strand focuses on the brain as the organ of integration. Another provides a far more complex and nuanced account, both of death and of a policy on the determination of death. Current criticisms of the whole-brain criterion are effective in refuting the first interpretation, but not the second, which is advanced in the (...)
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  • Consent for organ retrieval cannot be presumed.Mike Collins - 2009 - HEC Forum 21 (1):71-106.
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  • Mind Perception and Willingness to Withdraw Life Support.Jeffrey M. Rudski, Benjamin Herbsman, Eric D. Quitter & Nicole Bilgram - 2016 - Neuroethics 9 (3):235-242.
    Discussions of withdrawal of life support often revolve around a patient’s perceived level of suffering or lack of experience. Personhood, however, is often linked to personal agency. In the present study, 279 laypeople estimated the amount of agency and experience in hypothetical patients differing in degree of consciousness. Participants also indicated whether they would choose to maintain or terminate life support. Patients were more likely to terminate life support for a patient in a persistent vegetative state, followed by one with (...)
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  • Beyond Transplantation: Considering Brain Death as a Hard Clinical Endpoint.Michelle J. Clarke, Megan S. Remtema & Keith M. Swetz - 2014 - American Journal of Bioethics 14 (8):43-45.
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  • Defining Death Without Science? A Pragmatic Rebuttal.Eric Racine - 2014 - American Journal of Bioethics 14 (8):41-43.
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  • Enacting death: contested practices in the organ donation clinic.Hans Hadders & Anne Hambro Alnæs - 2013 - Nursing Inquiry 20 (3):245-255.
    Based on the fieldwork at two Norwegian Intensive Care Units, we wish to discuss the sometimes inconsistent manner in which death is handled, determined and made real by nurses and other healthcare personnel in high‐tech hospital situations. These discrepancies draw our attention towards different ways of attending to the dying and dead and views about appropriate or inappropriate codes of professional behaviour. As we will argue below, the analytical tools developed by Annemarie Mol are useful for sharpening our understanding of (...)
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