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  1. 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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  • Controlled Donation After Circulatory Determination of Death: A Scoping Review of Ethical Issues, Key Concepts, and Arguments.Nicholas Murphy, Charles Weijer, Maxwell Smith, Jennifer Chandler, Erika Chamberlain, Teneille Gofton & Marat Slessarev - 2021 - Journal of Law, Medicine and Ethics 49 (3):418-440.
    Controlled donation after circulatory determination of death (cDCDD) is an important strategy for increasing the pool of eligible organ donors.
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  • Why DCD Donors Are Dead.John P. Lizza - 2020 - Journal of Medicine and Philosophy 45 (1):42-60.
    Critics of organ donation after circulatory death (DCD) argue that, even if donors are past the point of autoresuscitation, they have not satisfied the “irreversibility” requirement in the circulatory and respiratory criteria for determining death, since their circulation and respiration could be artificially restored. Thus, removing their vital organs violates the “dead-donor” rule. I defend DCD donation against this criticism. I argue that practical medical-ethical considerations, including respect for do-not-resuscitate orders, support interpreting “irreversibility” to mean permanent cessation of circulation and (...)
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  • How (not) to think of the ‘dead-donor’ rule.Adam Omelianchuk - 2018 - Theoretical Medicine and Bioethics 39 (1):1-25.
    Although much has been written on the dead-donor rule in the last twenty-five years, scant attention has been paid to how it should be formulated, what its rationale is, and why it was accepted. The DDR can be formulated in terms of either a Don’t Kill rule or a Death Requirement, the former being historically rooted in absolutist ethics and the latter in a prudential policy aimed at securing trust in the transplant enterprise. I contend that the moral core of (...)
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  • When Does Consciousness Matter? Lessons from the Minimally Conscious State.Joseph Vukov - 2018 - American Journal of Bioethics Neuroscience 9 (1):5-15.
    Patients in a minimally conscious state (MCS) fall into a different diagnostic category than patients in the more familiar vegetative states (VS). Not only are MCS patients conscious in some sense, they have a higher chance for recovery than VS patients. Because of these differences, we ostensibly have reason to provide MCS patients with care that goes beyond what we provide to patients with some VS patients. But how to justify this differential treatment? I argue we can’t justify it solely (...)
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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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  • On Noncongruence between the Concept and Determination of Death.James L. Bernat - 2013 - Hastings Center Report 43 (6):25-33.
    A combination of emerging life support technologies and entrenched organ donation practices are complicating the physician's task of determining death. On the one hand, technologies that support or replace ventilation and circulation may render the diagnosis of death ambiguous. On the other, transplantation of vital organs requires timely and accurate declaration of death of the donor to keep the organs as healthy as possible. These two factors have led to disagreements among physicians and scholars on the precise moment of death. (...)
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  • Donation After Circulatory Death: Burying the Dead Donor Rule.David Rodríguez-Arias, Maxwell J. Smith & Neil M. Lazar - 2011 - American Journal of Bioethics 11 (8):36-43.
    Despite continuing controversies regarding the vital status of both brain-dead donors and individuals who undergo donation after circulatory death (DCD), respecting the dead donor rule (DDR) remains the standard moral framework for organ procurement. The DDR increases organ supply without jeopardizing trust in transplantation systems, reassuring society that donors will not experience harm during organ procurement. While the assumption that individuals cannot be harmed once they are dead is reasonable in the case of brain-dead protocols, we argue that the DDR (...)
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  • Should individuals choose their definition of death?Alberto Molina, David Rodriguez-Arias & Stuart J. Youngner - 2008 - Journal of Medical Ethics 34 (9):688-689.
    Alireza Bagheri supports a policy on organ procurement where individuals could choose their own definition of death between two or more socially accepted alternatives. First, we claim that such a policy, without any criterion to distinguish accepted from acceptable definitions, easily leads to the slippery slope that Bagheri tries to avoid. Second, we suggest that a public discussion about the circumstances under which the dead donor rule could be violated is more productive of social trust than constantly moving the line (...)
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  • The Dead Donor Rule: Can It Withstand Critical Scrutiny?F. G. Miller, R. D. Truog & D. W. Brock - 2010 - Journal of Medicine and Philosophy 35 (3):299-312.
    Transplantation of vital organs has been premised ethically and legally on "the dead donor rule" (DDR)—the requirement that donors are determined to be dead before these organs are procured. Nevertheless, scholars have argued cogently that donors of vital organs, including those diagnosed as "brain dead" and those declared dead according to cardiopulmonary criteria, are not in fact dead at the time that vital organs are being procured. In this article, we challenge the normative rationale for the DDR by rejecting the (...)
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  • On the ethics of facial transplantation research.Osborne P. Wiggins, John H. Barker, Serge Martinez, Marieke Vossen, Claudio Maldonado, Federico V. Grossi, Cedric G. Francois, Michael Cunningham, Gustavo Perez-Abadia, Moshe Kon & Joseph C. Banis - 2004 - American Journal of Bioethics 4 (3):1 – 12.
    Transplantation continues to push the frontiers of medicine into domains that summon forth troublesome ethical questions. Looming on the frontier today is human facial transplantation. We develop criteria that, we maintain, must be satisfied in order to ethically undertake this as-yet-untried transplant procedure. We draw on the criteria advanced by Dr. Francis Moore in the late 1980s for introducing innovative procedures in transplant surgery. In addition to these we also insist that human face transplantation must meet all the ethical requirements (...)
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  • Face transplants: Enriching the debate.John A. Robertson - 2004 - American Journal of Bioethics 4 (3):32 – 33.
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  • The Unified Brain-Based Determination of Death Conceptually Justifies Death Determination in DCDD and NRP Protocols.James L. Bernat - 2024 - American Journal of Bioethics 24 (6):4-15.
    Organ donation after the circulatory determination of death requires the permanent cessation of circulation while organ donation after the brain determination of death requires the irreversible cessation of brain functions. The unified brain-based determination of death connects the brain and circulatory death criteria for circulatory death determination in organ donation as follows: permanent cessation of systemic circulation causes permanent cessation of brain circulation which causes permanent cessation of brain perfusion which causes permanent cessation of brain function. The relevant circulation that (...)
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  • Ethical and Equity Guidance for Transplant Programs Considering Thoracoabdominal Normothermic Regional Perfusion (TA-NRP) for Procurement of Hearts.Denise M. Dudzinski, Jay D. Pal & James N. Kirkpatrick - 2024 - American Journal of Bioethics 24 (6):16-26.
    Donation after circulatory determination of death (DCDD) is an accepted practice in the United States, but heart procurement under these circumstances has been debated. Although the practice is experiencing a resurgence due to the recently completed trials using ex vivo perfusion systems, interest in thoracoabdominal normothermic regional perfusion (TA-NRP), wherein the organs are reanimated in situ prior to procurement, has raised many ethical questions. We outline practical, ethical, and equity considerations to ensure transplant programs make well-informed decisions about TA-NRP. We (...)
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  • The Extent to Which the Wish to Donate One’s Organs After Death Contributes to Life-Extension Arguments in Favour of Voluntary Active Euthanasia in the Terminally Ill: An Ethical Analysis.Richard C. Armitage - 2024 - The New Bioethics 30 (2):123-151.
    In terminally ill individuals who would otherwise end their own lives, active voluntary euthanasia (AVE) can be seen as life-extending rather than life-shortening. Accordingly, AVE supports key pro-euthanasia arguments (appeals to autonomy and beneficence) and meets certain sanctity of life objections. This paper examines the extent to which a terminally ill individual’s wish to donate organs after death contributes to those life-extension arguments. It finds that, in a terminally ill individual who wishes to avoid experiencing life he considers to be (...)
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  • Ethical Challenges of Organ Transplantation.Solveig Lena Hansen & Silke Schicktanz (eds.) - 2021 - Transcript Verlag.
    This collection features comprehensive overviews of the various ethical challenges in organ transplantation. International readings well-grounded in the latest developments in the life sciences are organized into systematic sections and engage with one another, offering complementary views. All core issues in the global ethical debate are covered: donating and procuring organs, allocating and receiving organs, as well as considering alternatives. Due to its systematic structure, the volume provides an excellent orientation for researchers, students, and practitioners alike to enable a deeper (...)
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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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  • Changing the Conversation About Brain Death.Robert D. Truog & Franklin G. Miller - 2014 - American Journal of Bioethics 14 (8):9-14.
    We seek to change the conversation about brain death by highlighting the distinction between brain death as a biological concept versus brain death as a legal status. The fact that brain death does not cohere with any biologically plausible definition of death has been known for decades. Nevertheless, this fact has not threatened the acceptance of brain death as a legal status that permits individuals to be treated as if they are dead. The similarities between “legally dead” and “legally blind” (...)
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  • Going All the Way: Ethical Clarity and Ethical Progress.Franklin G. Miller & Robert D. Truog - 2012 - American Journal of Bioethics 12 (6):10-11.
    The American Journal of Bioethics, Volume 12, Issue 6, Page 10-11, June 2012.
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  • Clarifying the DDR and DCD.James L. Bernat - 2023 - American Journal of Bioethics 23 (2):1-3.
    Over the past quarter century, organ donation after the circulatory determination of death (DCD) has grown in acceptance and prevalence throughout the world (Domínguez-Gil et al. 2021). Notwithstan...
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  • Donor Rules—Dead and Living.Jed Adam Gross - 2023 - American Journal of Bioethics 23 (2):61-63.
    The “Dead Donor Rule” (DDR) is an important injunction shaping the field of organ retrieval and scholarly assessments of specific retrieval practices’ permissibility (e.g., Pasquerella, Smith, and...
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  • Don’t Leave the Heart Behind.Robert Sade & John Entwistle - 2023 - American Journal of Bioethics 23 (2):38-40.
    The Dead Donor Rule (DDR) states that organ donation must not cause the death of the donor and is generally interpreted as requiring that the donor be declared dead before organs can be removed (Be...
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  • The Needs to Focus on Process and Precise Language in Ethical Determination of cDCD.Robert Klitzman & Ahmed N. Khan - 2023 - American Journal of Bioethics 23 (2):50-52.
    Nielsen Busch and Mjaaland (2023) raise important considerations, but confuse certain critical issues and overlook others, and questions emerge about how these decisions should be made in our socie...
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  • Pragmatic Aspects of Controlled Donation after Circulatory Death and Ethical Considerations for Alternative Approaches.Paul Morrissey - 2023 - American Journal of Bioethics 23 (2):14-17.
    A 55-year-old man, admitted to the hospital after an episode of aphasia due to transient ischemic attack, underwent ultrasound imaging that showed near occlusion of the left carotid artery. A carot...
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  • Not Dead, but Close Enough? You Cannot Have Your Cake and Eat It Too in Satisfying the DDR in cDCD.Brendan Parent & Tamar Schiff - 2023 - American Journal of Bioethics 23 (2):22-24.
    In “Does Controlled Donation after Circulatory Death Violate the Dead Donor Rule?” the authors maintain that compliance with the dead donor rule (DDR) does not require a valid determination of deat...
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  • The Dead Donor Rule Does Require that the Donor is Dead.Lainie Ross - 2023 - American Journal of Bioethics 23 (2):12-14.
    Emil Nielsen Busch and Marius Mjaaland (2023) ask whether controlled donation after circulatory death (cDCD) violates the dead donor rule (DDR). They begin their article with the claim, “The dead d...
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  • Abandoning the Dead Donor Rule.Anthony P. Smith - 2023 - Journal of Medical Ethics 49 (10):707-714.
    The Dead Donor Rule is intended to protect the public and patients, but it remains contentious. Here, I argue that we can abandon the Dead Donor Rule. Using Joel Feinberg’s account of harm, I argue that, in most cases, particularly when patients consent to being organ donors, death does not harm permanently unconscious (PUC) patients. In these cases, then, causing the death of PUC patients is not morally wrong. This undermines the strongest argument for the Dead Donor Rule—that doctors ought (...)
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  • Does Controlled Donation after Circulatory Death Violate the Dead Donor Rule?Emil J. Nielsen Busch & Marius T. Mjaaland - 2022 - American Journal of Bioethics 23 (2):4-11.
    The vital status of patients who are a part of controlled donation after circulatory death (cDCD) is widely debated in bioethical literature. Opponents to currently applied cDCD protocols argue that they violate the dead donor rule, while proponents of the protocols advocate compatibility. In this article, we argue that both parties often misinterpret the moral implications of the dead donor rule. The rule as such does not require an assessment of a donor’s vital status, we contend, but rather an assessment (...)
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  • Death determination and donation after circulatory death: Can physicians reconcile cardiorespiratory death and irreversible loss of brain function?Ahmeneh Ghavam - 2021 - Clinical Ethics 16 (4):307-314.
    Declaration of cardiorespiratory death, as defined by the Uniform Determination of Death Act, requires irreversible cessation of circulatory and respiratory function. A physician’s ability to confidently declare death is paramount because death is both a biological and social construct, and can afford a dying patient the opportunity to be an organ donor via donation after circulatory death. Inconsistencies related to cardiorespiratory death and DCD include the specific language used in the UDDA, specifically the use of the word “irreversible”. Additionally, in (...)
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  • Giving Useful but Not Well-Understood Ideas Their Due.Adam Omelianchuk - 2019 - Journal of Medicine and Philosophy 44 (6):663-676.
    In this paper, I introduce the ideas to be discussed in the articles of this journal with reference to an imaginary case involving a pregnant woman declared dead on the basis of neurological criteria. I highlight the fact that although these ideas have proved useful for advancing certain claims in bioethical debates, their implications are not always well understood and may complicate our arguments. The ideas to be discussed are an ethic internal to the profession of medicine; the difference between (...)
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  • The ethical obligation of the dead donor rule.Anne L. Dalle Ave, Daniel P. Sulmasy & James L. Bernat - 2020 - Medicine, Health Care and Philosophy 23 (1):43-50.
    The dead donor rule (DDR) originally stated that organ donors must not be killed by and for organ donation. Scholars later added the requirement that vital organs should not be procured before death. Some now argue that the DDR is breached in donation after circulatory determination of death (DCDD) programs. DCDD programs do not breach the original version of the DDR because vital organs are procured only after circulation has ceased permanently as a consequence of withdrawal of life-sustaining therapy. We (...)
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  • Ambiguity, death determination, and the dead donor rule.Will Lyon - 2018 - Clinical Ethics 13 (4):165-171.
    The dead donor rule states that organ donors must be declared dead before any vital organs are removed. Recently, scholars and physicians have argued for the abandonment of the dead donor rule, based on the rule’s supposed connection with the concept of brain death, which they view as a conceptually unreliable definition of death. In this essay, I distinguish between methods of death determination and the question of whether or not the dead donor rule should be a guiding principle of (...)
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  • The price of our illusions and myths about the dead donor rule.Robert Truog - 2016 - Journal of Medical Ethics 42 (5):318-319.
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  • Should We Scrap the Dead Donor Rule?John Robertson - 2014 - American Journal of Bioethics 14 (8):52-53.
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  • The Moral Insignificance of Death in Organ Donation.Walter Glannon - 2013 - Cambridge Quarterly of Healthcare Ethics 22 (2):192-202.
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  • Determining Death in Uncontrolled DCDD Organ Donors.James L. Bernat - 2013 - Hastings Center Report 43 (1):30-33.
    The most controversial issue in organ donation after the circulatory determination of death is whether the donor was truly dead at the moment death is declared. My colleagues and I further analyzed this issue by showing the relevance of the distinction between the “permanent” and the “irreversible” loss of circulatory functions. Permanent cessation means that circulatory function will not return because it will not be restored spontaneously and medical attempts to restore it will not be conducted. By contrast, irreversible cessation (...)
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  • The Dead Donor Rule: A Defense.Samuel C. M. Birch - 2013 - Journal of Medicine and Philosophy 38 (4):426-440.
    Miller, Truog, and Brock have recently argued that the “dead donor rule,” the requirement that donors be determined to be dead before vital organs are procured for transplantation, cannot withstand ethical scrutiny. In their view, the dead donor rule is inconsistent with existing life-saving practices of organ transplantation, lacks a cogent ethical rationale, and is not necessary for maintenance of public trust in organ transplantation. In this paper, the second of these claims will be evaluated. (The first and third are (...)
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  • Death, organ transplantation and medical practice.Thomas S. Huddle, Michael A. Schwartz, F. Amos Bailey & Michael A. Bos - 2008 - Philosophy, Ethics, and Humanities in Medicine 3:5.
    A series of papers in Philosophy, Ethics and Humanities in Medicine (PEHM) have recently disputed whether non-heart beating organ donors are alive and whether non-heart beating organ donation (NHBD) contravenes the dead donor rule. Several authors who argue that NHBD involves harvesting organs from live patients appeal to.
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  • Facial transplantation research: A need for additional deliberation.Karen J. Maschke & Eric Trump - 2004 - American Journal of Bioethics 4 (3):33 – 35.
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  • The dead donor rule and the concept of death: Severing the ties that bind them.Elysa R. Koppelman - 2003 - American Journal of Bioethics 3 (1):1 – 9.
    One goal of the transplant community is to seek ways to increase the number of people who are willing and able to donate organs. People in states between life and death are often medically excellent candidates for donating organs. Yet public policy surrounding organ procurement is a delicate matter. While there is the utilitarian goal of increasing organ supply, there is also the deontologic concern about respect for persons. Public policy must properly mediate between these two concerns. Currently the dead (...)
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  • Bioética, reanimación cardiopulmonar y donación de órganos en asistolia.Pablo de Lora, Iván Ortega-Deballon, David Rodríguez-Arias, José Antonio Seoane, Alfredo Serrano & Rosana Triviño - 2013 - Dilemata 13:283-296.
    The so-called uncontrolled donation after circulatory determination of death (uDCDD) have been implemented in several countries, including Spain and France, to increase the availability of organs for transplantation. These protocols allow obtaining kidneys, livers and lungs of patients who do not survive cardio-pulmonary resuscitation performed in out-of-hospital settings. Simultaneously with the development and recent proliferation of these protocols, some emergency teams have begun to employ unconventional methods of CPR, with still uncertain but promising results. The coexistence of these two possibilities (...)
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  • Obtaining consent for organ donation from a competent ICU patient who does not want to live anymore and who is dependent on life-sustaining treatment; ethically feasible?Jelle L. Epker, Yorick J. De Groot & Erwin J. O. Kompanje - 2013 - Clinical Ethics 8 (1):29-33.
    We anticipate a further decline of patients who eventually will become brain dead. The intensive care unit (ICU) is considered a last resort for patients with severe and multiple organ dysfunction. Patients with primary central nervous system failure constitute the largest group of patients in which life-sustaining treatment is withdrawn. Almost all these patients are unconscious at the moment physicians decide to withhold and withdraw life-sustaining measures. Sometimes, however competent ICU patients state that they do not want to live anymore (...)
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  • Respect for donor autonomy and the dead donor rule.Wayne Shelton - 2003 - American Journal of Bioethics 3 (1):20 – 21.
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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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  • An Ethics Committee’s Evaluation of Normothermic Regional Perfusion (NRP) in 2018–Unsatisfactory Answers Then—and Now.Arthur R. Derse - 2024 - American Journal of Bioethics 24 (6):34-37.
    An adult university hospital ethics committee evaluated a proposed TA-NRP protocol in the fall of 2018. The protocol raised ethical concerns about violation of the Uniform Determination of Death Act and the prohibition known as the Dead Donor Rule, with potential resultant legal consequences. An additional concern was the potential for increased mistrust by the community of organ donation and transplantation. The ethics committee evaluated the responses to these concerns as unable to surmount the ethical and legal boundaries and the (...)
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  • Cardiac organoids do not warrant additional moral scrutiny.Jannieke N. Simons, Rieke van der Graaf & Johannes J. M. van Delden - 2024 - BMC Medical Ethics 25 (1):1-5.
    Certain organoid subtypes are particularly sensitive. We explore whether moral intuitions about the heartbeat warrant unique moral consideration for newly advanced contracting cardiac organoids. Despite the heartbeat’s moral significance in organ procurement and abortion discussions, we argue that this significance should not translate into moral implications for cardiac organoids.
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  • Clinical and ethical perspectives on brain death.Michael Nair-Collins - 2015 - Medicolegal and Bioethics 5:69-80.
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  • The dead donor rule: effect on the virtuous practice of medicine.Frank C. Chaten - 2014 - Journal of Medical Ethics 40 (7):496-500.
    Objective The President's Council on Bioethics in 2008 reaffirmed the necessity of the dead donor rule and the legitimacy of the current criteria for diagnosing both neurological and cardiac death. In spite of this report, many have continued to express concerns about the ethics of donation after circulatory death, the validity of determining death using neurological criteria and the necessity for maintaining the dead donor rule for organ donation. I analysed the dead donor rule for its effect on the virtuous (...)
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  • The Dead Donor Rule as Policy Indoctrination.David Rodríguez-Arias - 2018 - Hastings Center Report 48 (S4):39-42.
    Since the 1960s, organ procurement policies have relied on the boundary of death—advertised as though it were a factual, value‐free, and unobjectionable event—to foster organ donation while minimizing controversy. Death determination, however, involves both discoveries of facts and events and decisions about their meaning (whether the facts and events are relevant to establish a vital status), the latter being subjected to legitimate disagreements requiring deliberation. By revisiting the historical origin of the dead donor rule, including some events that took place (...)
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  • The Case for Kidney Donation Before End-of-Life Care.Paul E. Morrissey - 2012 - American Journal of Bioethics 12 (6):1-8.
    Donation after cardiac death (DCD) is associated with many problems, including ischemic injury, high rates of delayed allograft function, and frequent organ discard. Furthermore, many potential DCD donors fail to progress to asystole in a manner that would enable safe organ transplantation and no organs are recovered. DCD protocols are based upon the principle that the donor must be declared dead prior to organ recovery. A new protocol is proposed whereby after a donor family agrees to withdrawal of life-sustaining treatments, (...)
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