The Brain-Death Concept: Judicial Acceptance in Massachusetts

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Abstract
IN the great turmoil in Massachusetts over the Saikewicz case1 in the past few months, little attention has been paid to another landmark, historically important medicolegal decision passed down by the same high court just before this case. In this opinion,2 also written by a justice who is a former law professor, Justice Robert Braucher, the court recognized and enforced the concept of "brain death" first developed by the Harvard ad Hoc Committee in 1968. The Massachusetts court, however, specifically limited the application of the ruling to criminal convictions for homicide.It is ironic that the great medical change in . . .

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