The Uniform Determination of Death Act is not changing. Will physicians continue to misdiagnose brain death?

07/27/24 at 03:25 AM

The Uniform Determination of Death Act is not changing. Will physicians continue to misdiagnose brain death?
The American Journal of  Bioethics; Michael Nair-Collins; 7/24
Efforts to revise the Uniform Determination of Death Act [UDDA] in order to align law with medical practice have failed. It has long been common practice to declare some patients dead by neurologic criteria even though they do not meet the legal standard for death. Thus, legally living people will continue to be declared dead, not because of a mistake, but because of a choice. The decision to continue misdiagnosing death according to the law will create routine violations of civil rights, will continue to violate the DDR [dead donor rule] that allegedly is such an important red line for organ transplantation, and will contribute to a well-deserved mistrust in the determination of death.

 

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