Philosophical, Medical, and Legal Controversies About Brain Death

Philosophical, Medical, and Legal Controversies About Brain Death

Author: L. Syd M Johnson

Publisher: Cambridge University Press

Published: 2024-03-21

Total Pages: 140

ISBN-13: 1009323326

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This Element considers current legal, ethical, metaphysical, and medical controversies concerning brain death. It examines the implicit metaphysical and moral commitments and dualism implied by neurological criteria for death. When these commitments and worldview are not shared by patients and surrogates, they give rise to distrust in healthcare providers and systems, and to injustice, particularly when medicolegal definitions of death are coercively imposed on those who reject them. Ethical obligations to respect persons and patient autonomy, promote patient-centered care, foster and maintain trust, and respond to the demands of justice provide compelling ethical reasons for recognizing reasonable objections. Each section illustrates how seemingly academic debates about brain death have real, on-the-ground implications for patients and their families.


Book Synopsis Philosophical, Medical, and Legal Controversies About Brain Death by : L. Syd M Johnson

Download or read book Philosophical, Medical, and Legal Controversies About Brain Death written by L. Syd M Johnson and published by Cambridge University Press. This book was released on 2024-03-21 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element considers current legal, ethical, metaphysical, and medical controversies concerning brain death. It examines the implicit metaphysical and moral commitments and dualism implied by neurological criteria for death. When these commitments and worldview are not shared by patients and surrogates, they give rise to distrust in healthcare providers and systems, and to injustice, particularly when medicolegal definitions of death are coercively imposed on those who reject them. Ethical obligations to respect persons and patient autonomy, promote patient-centered care, foster and maintain trust, and respond to the demands of justice provide compelling ethical reasons for recognizing reasonable objections. Each section illustrates how seemingly academic debates about brain death have real, on-the-ground implications for patients and their families.

Contemporary Bioethics

Contemporary Bioethics

Author: Mohammed Ali Al-Bar

Publisher: Springer

Published: 2015-05-27

Total Pages: 267

ISBN-13: 3319184288

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This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.


Book Synopsis Contemporary Bioethics by : Mohammed Ali Al-Bar

Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.

The Definition of Death

The Definition of Death

Author: Stuart J. Youngner

Publisher: JHU Press

Published: 2002-10-15

Total Pages: 376

ISBN-13: 9780801872297

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In the 1980s, following the recommendation of a presidential commission, all fifty states replaced previous cardiopulmonary definitions of death with one that also included total and irreversible cessation of brain function. The Definition of Death: Contemporary Controversies is the first comprehensive review of the clinical, philosophical, and public policy implications of our effort to redefine the change in status from living person to corpse. Edited by Stuart J. Youngner, Robert M. Arnold, and Renie Schapiro, the book is the result of a collaboration among internationally recognized scholars from the fields of medicine, philosophy, social science, law, and religious studies. Throughout, the contributors struggle to reconcile inconsistencies and gaps in our traditional understanding of death and to respond to the public's concern that, in the determination of death under current policies, patients' interests may be compromised by the demand for organ retrieval. Their questions about the philosophical and scientific bases for determining death lead, inevitably, to more profound questions of social policy. Acknowledging that the definition of death is as much a social construct as a scientific one, the authors, in their analysis of these issues, provide a comprehensive and provocative source of information for students and scholars alike.


Book Synopsis The Definition of Death by : Stuart J. Youngner

Download or read book The Definition of Death written by Stuart J. Youngner and published by JHU Press. This book was released on 2002-10-15 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1980s, following the recommendation of a presidential commission, all fifty states replaced previous cardiopulmonary definitions of death with one that also included total and irreversible cessation of brain function. The Definition of Death: Contemporary Controversies is the first comprehensive review of the clinical, philosophical, and public policy implications of our effort to redefine the change in status from living person to corpse. Edited by Stuart J. Youngner, Robert M. Arnold, and Renie Schapiro, the book is the result of a collaboration among internationally recognized scholars from the fields of medicine, philosophy, social science, law, and religious studies. Throughout, the contributors struggle to reconcile inconsistencies and gaps in our traditional understanding of death and to respond to the public's concern that, in the determination of death under current policies, patients' interests may be compromised by the demand for organ retrieval. Their questions about the philosophical and scientific bases for determining death lead, inevitably, to more profound questions of social policy. Acknowledging that the definition of death is as much a social construct as a scientific one, the authors, in their analysis of these issues, provide a comprehensive and provocative source of information for students and scholars alike.

Beyond Brain Death

Beyond Brain Death

Author: M. Potts

Publisher: Springer Science & Business Media

Published: 2006-04-11

Total Pages: 408

ISBN-13: 0306468824

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Beyond Brain Death offers a provocative challenge to one of the most widely accepted conclusions of contemporary bioethics: the position that brain death marks the death of the human person. Eleven chapters by physicians, philosophers, and theologians present the case against brain-based criteria for human death. Each author believes that this position calls into question the moral acceptability of the transplantation of unpaired vital organs from brain-dead patients who have continuing function of the circulatory system. One strength of the book is its international approach to the question: contributors are from the United States, the United Kingdom, Liechtenstein, and Japan. This book will appeal to a wide audience, including physicians and other health care professionals, philosophers, theologians, medical sociologists, and social workers.


Book Synopsis Beyond Brain Death by : M. Potts

Download or read book Beyond Brain Death written by M. Potts and published by Springer Science & Business Media. This book was released on 2006-04-11 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Brain Death offers a provocative challenge to one of the most widely accepted conclusions of contemporary bioethics: the position that brain death marks the death of the human person. Eleven chapters by physicians, philosophers, and theologians present the case against brain-based criteria for human death. Each author believes that this position calls into question the moral acceptability of the transplantation of unpaired vital organs from brain-dead patients who have continuing function of the circulatory system. One strength of the book is its international approach to the question: contributors are from the United States, the United Kingdom, Liechtenstein, and Japan. This book will appeal to a wide audience, including physicians and other health care professionals, philosophers, theologians, medical sociologists, and social workers.

Death, Brain Death and Ethics

Death, Brain Death and Ethics

Author: David Lamb

Publisher: Routledge

Published: 2020-07-20

Total Pages: 172

ISBN-13: 1000056325

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Originally published in 1985, this book examines the concept of death against the background of dramatic changes in medical technology. The book argues that ‘brain death’ can be precisely defined and that a biological concept of death such as ‘brain death’ can be philosophically well-grounded. It examines traditional criteria for death and various formulations of the concept of death in both medical literature and philosophical texts. Definitions of ‘brain death’ – some of which have become statute law – are critically examined. The author also examines ethical and social policy questions which arise out of attempts to redefine the boundaries of life.


Book Synopsis Death, Brain Death and Ethics by : David Lamb

Download or read book Death, Brain Death and Ethics written by David Lamb and published by Routledge. This book was released on 2020-07-20 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1985, this book examines the concept of death against the background of dramatic changes in medical technology. The book argues that ‘brain death’ can be precisely defined and that a biological concept of death such as ‘brain death’ can be philosophically well-grounded. It examines traditional criteria for death and various formulations of the concept of death in both medical literature and philosophical texts. Definitions of ‘brain death’ – some of which have become statute law – are critically examined. The author also examines ethical and social policy questions which arise out of attempts to redefine the boundaries of life.

Death: Beyond Whole-Brain Criteria

Death: Beyond Whole-Brain Criteria

Author: Richard M. Zaner

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 294

ISBN-13: 940092707X

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From the tone of the report by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Re search, one might conclude that the whole-brain-oriented definition of death is now firmly established as an enduring element of public policy. In that report, Defining Death: Medical, Legal and Ethical Issues in the Determination of Death, the President's Commission forwarded a uni form determination of death act, which laid heavy accent on the signifi cance of the brain stem in determining whether an individual is alive or dead: An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards ([1], p. 2). The plausibility of these criteria is undermined as soon as one confronts the question of the level of treatment that ought to be provided to human bodies that have permanently lost consciousness but whose brain stems are still functioning.


Book Synopsis Death: Beyond Whole-Brain Criteria by : Richard M. Zaner

Download or read book Death: Beyond Whole-Brain Criteria written by Richard M. Zaner and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the tone of the report by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Re search, one might conclude that the whole-brain-oriented definition of death is now firmly established as an enduring element of public policy. In that report, Defining Death: Medical, Legal and Ethical Issues in the Determination of Death, the President's Commission forwarded a uni form determination of death act, which laid heavy accent on the signifi cance of the brain stem in determining whether an individual is alive or dead: An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards ([1], p. 2). The plausibility of these criteria is undermined as soon as one confronts the question of the level of treatment that ought to be provided to human bodies that have permanently lost consciousness but whose brain stems are still functioning.

Death Determination by Neurologic Criteria

Death Determination by Neurologic Criteria

Author: Ariane Lewis

Publisher: Springer Nature

Published: 2023-01-01

Total Pages: 481

ISBN-13: 3031159470

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This book presents principal controversies over the determination of death by neurologic criteria (“brain death”). The editors and authors are exceedingly well-versed in this subject and are on the forefront of the current debates. The content is divided in the following disciplinary: philosophical (conceptual), medical, scientific, legal, religious, and ethical/social. Many of the topics feature pro-con debates, allowing readers to consider the merits of the arguments and decide their own position. The work is targeted to clinicians and nurses who treat critically ill and dying patients, organ donation personnel, ethicists and philosophers who write on end-of-life issues, and lawyers and legislative/public policy professionals who draft laws on death determination. It identifies and debates the essential controversies currently raging in academic and public policy circles over the medical adequacy, scientific validity, and conceptual coherence of death determination by neurologic criteria. Whether a professional or a student, the reader will be given a comprehensive course in the most pressing controversies and areas of consensus in the determination of death by neurologic criteria.


Book Synopsis Death Determination by Neurologic Criteria by : Ariane Lewis

Download or read book Death Determination by Neurologic Criteria written by Ariane Lewis and published by Springer Nature. This book was released on 2023-01-01 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents principal controversies over the determination of death by neurologic criteria (“brain death”). The editors and authors are exceedingly well-versed in this subject and are on the forefront of the current debates. The content is divided in the following disciplinary: philosophical (conceptual), medical, scientific, legal, religious, and ethical/social. Many of the topics feature pro-con debates, allowing readers to consider the merits of the arguments and decide their own position. The work is targeted to clinicians and nurses who treat critically ill and dying patients, organ donation personnel, ethicists and philosophers who write on end-of-life issues, and lawyers and legislative/public policy professionals who draft laws on death determination. It identifies and debates the essential controversies currently raging in academic and public policy circles over the medical adequacy, scientific validity, and conceptual coherence of death determination by neurologic criteria. Whether a professional or a student, the reader will be given a comprehensive course in the most pressing controversies and areas of consensus in the determination of death by neurologic criteria.

Brain Death

Brain Death

Author: Tom Russell

Publisher: Ashgate Publishing

Published: 2000

Total Pages: 198

ISBN-13:

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What is brain death? At what point does a human life begin or end? Thomas Russell presents his concept of death, viewing death as death of the organism as a whole and answering the question what is death? with an examination of what constitutes life. Drawing on philosophical arguments, Russell argues that all current concepts of brain death are conceptually inadequate, but a new concept of death, applicable to all living entities, can encompass the traditional criteria and tests for death and does not entail any significant operational changes in the way in which death is diagnosed. From an historical review and examination of concepts of death, Russell considers key topics including: different brain states; conditions for life; biological concepts; and the moment of death.


Book Synopsis Brain Death by : Tom Russell

Download or read book Brain Death written by Tom Russell and published by Ashgate Publishing. This book was released on 2000 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is brain death? At what point does a human life begin or end? Thomas Russell presents his concept of death, viewing death as death of the organism as a whole and answering the question what is death? with an examination of what constitutes life. Drawing on philosophical arguments, Russell argues that all current concepts of brain death are conceptually inadequate, but a new concept of death, applicable to all living entities, can encompass the traditional criteria and tests for death and does not entail any significant operational changes in the way in which death is diagnosed. From an historical review and examination of concepts of death, Russell considers key topics including: different brain states; conditions for life; biological concepts; and the moment of death.

Controversies in the Determination of Death

Controversies in the Determination of Death

Author: Edmund D. Pellegrino

Publisher: DIANE Publishing

Published: 2010-06

Total Pages: 168

ISBN-13: 1437921876

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Report by the Pres. Council on Bioethics of an inquiry that was occasioned by another forthcoming Council report on ethical questions in organ transplantation. The two reports are linked ethically: most of the organs procured for transplantation in this country come from deceased donors who have been declared dead in accord with the neurological standard (NS). This report is primarily concerned with a careful analysis of the ethical questions raised by the NS, i.e., the clinical determination of ¿whole brain death.¿ Since then, the NS has been accepted as one of two valid standards for determining death and has been adopted in many countries throughout the world. The Council has concluded that the NS remains valid.


Book Synopsis Controversies in the Determination of Death by : Edmund D. Pellegrino

Download or read book Controversies in the Determination of Death written by Edmund D. Pellegrino and published by DIANE Publishing. This book was released on 2010-06 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report by the Pres. Council on Bioethics of an inquiry that was occasioned by another forthcoming Council report on ethical questions in organ transplantation. The two reports are linked ethically: most of the organs procured for transplantation in this country come from deceased donors who have been declared dead in accord with the neurological standard (NS). This report is primarily concerned with a careful analysis of the ethical questions raised by the NS, i.e., the clinical determination of ¿whole brain death.¿ Since then, the NS has been accepted as one of two valid standards for determining death and has been adopted in many countries throughout the world. The Council has concluded that the NS remains valid.

Defining Death

Defining Death

Author: Robert M. Veatch

Publisher: Georgetown University Press

Published: 2016

Total Pages: 176

ISBN-13: 1626163553

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New technologies and medical treatments have complicated questions such as how to determine the moment when someone has died. The result is a failure to establish consensus on the definition of death and the criteria by which the moment of death is determined. This creates confusion and disagreement not only among medical, legal, and insurance professionals but also within families faced with difficult decisions concerning their loved ones. Distinguished bioethicists Robert M. Veatch and Lainie F. Ross argue that the definition of death is not a scientific question but a social one rooted in religious, philosophical, and social beliefs. Drawing on history and recent court cases, the authors detail three potential definitions of death -- the whole-brain concept; the circulatory, or somatic, concept; and the higher-brain concept. Because no one definition of death commands majority support, it creates a major public policy problem. The authors cede that society needs a default definition to proceed in certain cases, like those involving organ transplantation. But they also argue the decision-making process must give individuals the space to choose among plausible definitions of death according to personal beliefs. Taken in part from the authors' latest edition of their groundbreaking work on transplantation ethics, Defining Death is an indispensable guide for professionals in medicine, law, insurance, public policy, theology, and philosophy as well as lay people trying to decide when they want to be treated as dead.


Book Synopsis Defining Death by : Robert M. Veatch

Download or read book Defining Death written by Robert M. Veatch and published by Georgetown University Press. This book was released on 2016 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: New technologies and medical treatments have complicated questions such as how to determine the moment when someone has died. The result is a failure to establish consensus on the definition of death and the criteria by which the moment of death is determined. This creates confusion and disagreement not only among medical, legal, and insurance professionals but also within families faced with difficult decisions concerning their loved ones. Distinguished bioethicists Robert M. Veatch and Lainie F. Ross argue that the definition of death is not a scientific question but a social one rooted in religious, philosophical, and social beliefs. Drawing on history and recent court cases, the authors detail three potential definitions of death -- the whole-brain concept; the circulatory, or somatic, concept; and the higher-brain concept. Because no one definition of death commands majority support, it creates a major public policy problem. The authors cede that society needs a default definition to proceed in certain cases, like those involving organ transplantation. But they also argue the decision-making process must give individuals the space to choose among plausible definitions of death according to personal beliefs. Taken in part from the authors' latest edition of their groundbreaking work on transplantation ethics, Defining Death is an indispensable guide for professionals in medicine, law, insurance, public policy, theology, and philosophy as well as lay people trying to decide when they want to be treated as dead.