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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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  • 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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  • Conceptual Issues in DCDD Donor Death Determination.James L. Bernat - 2018 - Hastings Center Report 48 (S4):26-28.
    Despite the popularity, success, and growth of programs of organ donation after the circulatory determination of death (DCDD), a long‐standing controversy persists over whether the organ donor is truly dead at the moment physicians declare death, usually following five minutes of circulatory and respiratory arrest. Advocates of the prevailing death determination standard claim that the donor is dead when declared because of permanent cessation of respiration and circulation. Critics of this standard argue that while the cessation of respiration and circulation (...)
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  • The Telltale Heart: Public Policy and the Utilization of Non-Heart-Beating Donors.Arthur L. Caplan - 1993 - Kennedy Institute of Ethics Journal 3 (2):251-262.
    The transplant community has quietly initiated efforts to expand the current pool of cadaver organ donors to include those who are dead by cardiac criteria but cannot be pronounced dead using brain-based criteria. There are many reasons for concern about "policy creep" regarding who is defined as a potential organ donor. These reasons include loss of trust in the transplant community because of confusion over the protocols to be used, blurring the line between life and death, stress on family members, (...)
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  • Development of the University of Pittsburgh Medical Center Policy for the Care of Terminally Ill Patients Who May Become Organ Donors after Death Following the Removal of Life Support.Michael A. DeVita & James V. Snyder - 1993 - Kennedy Institute of Ethics Journal 3 (2):131-143.
    In the mid 1980s it was apparent that the need for organ donors exceeded those willing to donate. Some University of Pittsburgh Medical Center (UPMC) physicians initiated discussion of possible new organ donor categories including individuals pronounced dead by traditional cardiac criteria. However, they reached no conclusion and dropped the discussion. In the late 1980s and the early 1990s, four cases arose in which dying patients or their families requested organ donation following the elective removal of mechanical ventilation. Controversy surrounding (...)
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  • Beyond Pittsburgh: Protocols for Controlled Non-Heart-Beating Cadaver Organ Recovery.Bethany Spielman & Cynthia Simmons McCarthy - 1995 - Kennedy Institute of Ethics Journal 5 (4):323-333.
    Much of the ethical debate about controlled non-heart-beating cadaver (NHBC) organ recovery has focused on the University of Pittsburgh Medical Center (UPMC) protocol. Some commentators have voiced serious reservations about the ethical acceptability of that protocol; others have argued that the protocol contains sufficiently stringent ethical safeguards to warrant a limited and carefully monitored trial at UPMC. UPMC is not the only organization pursuing controlled NHBC organ procurement, however. The study of organ procurement organizations described in this article suggests that (...)
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  • Are the Patients Who Become Organ Donors under the Pittsburgh Protocol for "Non-Heart-Beating Donors" Really Dead?Joanne Lynn - 1993 - Kennedy Institute of Ethics Journal 3 (2):167-178.
    The University of Pittsburgh Medical Center (UPMC) "Policy for the Management of Terminally Ill Patients Who May Become Organ Donors after Death" proposes to take organs from certain patients as soon as possible after expected cardiopulmonary death. This policy requires clear understanding of the descriptive state of the donor's critical cardiopulmonary and neurologic functional capacity at the time interventions to sustain or harvest organs are undertaken. It also requires strong consensus about the moral and legal status of the donor during (...)
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  • Delimiting the Donor: The Dead Donor Rule.John A. Robertson - 1999 - Hastings Center Report 29 (6):6-14.
    The scarcity of vital organs has prompted several calls to either modify the dead donor rule or interpret it more broadly. Given its symbolic importance, however, the rule should be changed only cautiously.
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  • The Dead Donor Rule.John A. Robertson - 1999 - Hastings Center Report 29 (6):6.
    The scarcity of vital organs has prompted several calls to either modify the dead donor rule or interpret it more broadly. Given its symbolic importance, however, the rule should be changed only cautiously.
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  • Non-Heart-Beating Donors of Organs: Are the Distinctions Between Direct and Indirect Effects & Between Killing and Letting Die Relevant and Helpful?James F. Childress - 1993 - Kennedy Institute of Ethics Journal 3 (2):203-216.
    This essay analyzes the principle of double effect and, to a lesser extent, the distinction between killing and letting die in the context of the Pittsburgh protocol for managing patients who may become non-heart-beating donors or sources of organs for transplantation. It notes several ambiguities and unresolved issues in the Pittsburgh protocol but concludes that neither the principle of double effect nor the distinction between killing and letting die (with the prohibition of the former and the allowance of the latter (...)
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