Brain death. II. A status report of legal considerations

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Abstract
Legal issues which arise from the use of brain-related criteria to pronounce death are considered. At the present time 18 states in the USA have enacted a statutory definition of death. All statutes recognize that death may be pronounced on the basis of irreversible cessation of brain function, and none describes in detail the specific criteria for determining brain death. The overwhelming evidence supporting the validity of brain death is summarized, with the hope of allaying concerns and of facilitating the drafting of simple, effective statutes defining death. An aim of the report is to influence the American Medical Association and others, who have felt that legislation defining death is unnecessary, to adopt a supportive position.

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