Brain Death
I. A Status Report of Medical and Ethical Considerations
- Frank J. Veith, MD;
- Jack M. Fein, MD;
- Moses D. Tendler, PhD;
- Robert M. Veatch, PhD;
- Marc A. Kleiman, JD, LLM;
- George Kalkines, JD
- From the Departments of Surgery (Dr Veith) and Neurosurgery (Dr Fein), Montefiore Hospital and Albert Einstein College of Medicine; the Departments of Biology and Talmudic Law, Yeshiva University (Dr Tendler); the Institute of Society, Ethics and the Life Sciences (Dr Veatch); and the New York City Health and Hospitals Corporation (Mssrs Kleiman and Kalkines), New York.
Abstract
Use of neurologic criteria to pronounce death, although accepted by many, has caused controversy among physicians, lawyers, legislators, philosophers, and theologians. The present work attempts to resolve this by accomplishing four objectives. (1) It summarizes scientific information that establishes the ability to determine the state of brain death with certainty on the basis of presently available clinical and laboratory criteria. (2) It shows that the concept of brain death is in accord with secular philosophy and the three major Western religions. (3) It documents the need for legislative recognition that death may be pronounced on the basis of neurologic criteria. (4) It reviews the present status of judicial and statutory law relating to the determination of death in the United States.
(JAMA 238:1651-1655, 1977)
Footnotes
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Reprint requests to Montefiore Hospital, 111 E 210 St, New York, NY 10467 (Dr Veith).
