Debate Simmers Over When Doctors Should Declare Brain Death

February 12, 2024

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(NPR) – The debate is focused on the Uniform Determination of Death Act, a law that was adopted by most states in the 1980s. The law says that death can be declared if someone has experienced “irreversible cessation of all functions of the entire brain.” But some parts of the brain can continue to function in people who have been declared brain dead, prompting calls to revise the statute.

Many experts say the discrepancy needs to be resolved to protect patients and their families, maintain public trust and reconcile what some see as a troubling disconnect between the law and medical practice. The debate became so contentious, however, that the Uniform Law Commission, the group charged with rewriting model laws for states, paused its process last summer because participants couldn’t reach a consensus. (Read More)