Does the Uniform Determination of Death Act Need to Be Revised?

The Linacre Quarterly
Doyen Nguyen

Abstract

Prompted by concerns raised by the rise in litigations, which challenge the legal status of brain death (BD), Lewis and colleagues recently proposed a revision of the Uniform Determination of Death Act (UDDA). The revision consists of (i) narrowing down the definition of BD to the loss of specific brain functions, namely those functions that can be assessed on bedside neurological examination; (ii) requiring that the determination of BD must be in accordance with the specific guidelines designated in the revision; and (iii) eliminating the necessity for obtaining consent prior to performing the tests for BD determination. By analyzing Lewis and colleagues' revision, this article shows that this revision is fraught with difficulties. Therefore, this article also proposes two approaches for an ethical revision of the UDDA; the first is in accordance with scientific realism and Christian anthropology, while the second is grounded in trust and respect for persons. If the UDDA is to be revised, then it should be based on sound ethical principles in order to resolve the ongoing BD controversies and rebuild public trust. This article critically examines the recent revision of the Uniform Determination of Death Act (UDDA) advanced by L...Continue Reading

References

May 15, 1989·Annals of Internal Medicine·B Soifer, A W Gelb
Aug 1, 1985·The New England Journal of Medicine·S J YoungnerB J Martin
Mar 1, 1981·Annals of Internal Medicine·J L BernatB Gert
May 1, 1995·Neurology·E F Wijdicks
Jan 15, 2000·Neurology·G SaposnikN S Garretto
Mar 1, 1984·Seminars in Neurology·James L Bernat
Apr 8, 2003·Social Philosophy & Policy·James L Bernat
Feb 24, 2006·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·James L Bernat
Oct 15, 2008·Neurology·Eelco F M WijdicksJohn D Atkinson
Dec 20, 2008·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·Eun-Kyoung ChoiPaul R Helft
May 13, 2010·Journal of Child Neurology·Ari R JoffeJonathan P Duff
Oct 1, 2010·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·Mike Nair-Collins
Aug 19, 2011·Critical Care Medicine·Thomas A NakagawaUNKNOWN Child Neurology Society
Nov 8, 2011·Annals of Intensive Care·Nicolas MongardonAlain Cariou
Apr 24, 2012·Annals of Neurology·Thomas A NakagawaUNKNOWN Committee For Determination Of Brain Death In Infants Children
Oct 18, 2013·Neurocritical Care·Erwin J O Kompanje
Sep 14, 2014·Neurology·Christopher M BurkleEelco F Wijdicks
Sep 28, 2014·Journal of Medical Ethics·Michael Nair-CollinsAngelina R Sutin
Feb 5, 2015·Intensive Care Medicine·Erwin J O Kompanje, Yorick J de Groot
Feb 18, 2015·Current Opinion in Critical Care·Shivani Ghoshal, David M Greer
May 8, 2015·European Journal of Neurology : the Official Journal of the European Federation of Neurological Societies·C RothA Ferbert
Nov 4, 2015·Journal of Religion and Health·Peter A Kahn
Feb 26, 2016·The Linacre Quarterly·Michel Accad
Apr 22, 2016·The Journal of Medicine and Philosophy·Nikolas T NikasMadeline Moreira
Nov 12, 2016·The Linacre Quarterly·Doyen Nguyen
Jan 13, 2017·Neurology·Hilary H WangDavid M Greer
May 5, 2017·Critical Care Medicine·Ariane LewisMatthew P Kirschen
May 27, 2017·Nature Reviews. Neurology·Ariane Lewis, David Greer
Jun 20, 2017·Chest·Robert D Truog, Robert C Tasker
Jun 20, 2017·Chest·Ariane Lewis, David Greer
Jul 1, 2017·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·Ariane LewisArthur Caplan
Feb 24, 2018·The Journal of Legal Medicine·Thaddeus Mason Pope
Dec 26, 2018·The Hastings Center Report·Thaddeus Pope
Dec 24, 2019·Annals of Internal Medicine·Ariane LewisThaddeus Pope
Jan 21, 2020·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·Ariane LewisJames A Russell

❮ Previous
Next ❯

Citations

Oct 4, 2020·Current Opinion in Pediatrics·Akash VirupakshaiahMatthew P Kirschen

❮ Previous
Next ❯

Methods Mentioned

BETA
medical procedure

Software Mentioned

ERUDDA2b
ERUDDA2
ERUDDA1

Related Concepts

Trending Feeds

COVID-19

Coronaviruses encompass a large family of viruses that cause the common cold as well as more serious diseases, such as the ongoing outbreak of coronavirus disease 2019 (COVID-19; formally known as 2019-nCoV). Coronaviruses can spread from animals to humans; symptoms include fever, cough, shortness of breath, and breathing difficulties; in more severe cases, infection can lead to death. This feed covers recent research on COVID-19.

Blastomycosis

Blastomycosis fungal infections spread through inhaling Blastomyces dermatitidis spores. Discover the latest research on blastomycosis fungal infections here.

Nuclear Pore Complex in ALS/FTD

Alterations in nucleocytoplasmic transport, controlled by the nuclear pore complex, may be involved in the pathomechanism underlying multiple neurodegenerative diseases including Amyotrophic Lateral Sclerosis and Frontotemporal Dementia. Here is the latest research on the nuclear pore complex in ALS and FTD.

Applications of Molecular Barcoding

The concept of molecular barcoding is that each original DNA or RNA molecule is attached to a unique sequence barcode. Sequence reads having different barcodes represent different original molecules, while sequence reads having the same barcode are results of PCR duplication from one original molecule. Discover the latest research on molecular barcoding here.

Chronic Fatigue Syndrome

Chronic fatigue syndrome is a disease characterized by unexplained disabling fatigue; the pathology of which is incompletely understood. Discover the latest research on chronic fatigue syndrome here.

Evolution of Pluripotency

Pluripotency refers to the ability of a cell to develop into three primary germ cell layers of the embryo. This feed focuses on the mechanisms that underlie the evolution of pluripotency. Here is the latest research.

Position Effect Variegation

Position Effect Variagation occurs when a gene is inactivated due to its positioning near heterochromatic regions within a chromosome. Discover the latest research on Position Effect Variagation here.

STING Receptor Agonists

Stimulator of IFN genes (STING) are a group of transmembrane proteins that are involved in the induction of type I interferon that is important in the innate immune response. The stimulation of STING has been an active area of research in the treatment of cancer and infectious diseases. Here is the latest research on STING receptor agonists.

Microbicide

Microbicides are products that can be applied to vaginal or rectal mucosal surfaces with the goal of preventing, or at least significantly reducing, the transmission of sexually transmitted infections. Here is the latest research on microbicides.