Determination of Death. 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
Brain dead is dead.
Last edited by iguanaman; 01-24-14 at 12:58 AM.
Right, she lacked consciousness. But the brain functions at a level beyond the conscious, hence why there are extensive areas of study that deal with unconscious functions of the brain. Now, are you beginning to understand where your misunderstanding lays?Look at the brain on the right, the black is jello. You believe she had any level of consciousness?
Your ethical view of what is "human" has no real place in a conversation about brain death. Which is a quantitative evaluation of the underlying functional nature of an organ, not a philosophical questionA brain stem performing involuntary functions is not a human.
lol, you don't even understand the medical terms you are attempting to apply here, so I would avoid waxing on about medical guidelinesThe Terry Scaivo incident was a monumental episode of religious insanity and against all medical guidelines.
A brain stem performing involuntary functions is not a human. The Terry Scaivo incident was a monumental episode of religious insanity and against all medical guidelines.[/QUOTE]
But by definition, if she could initiate any breathing on her own, she was not brain dead.
I do agree, that the Schiavo incident was religious extremism at is not so finest.
The court case should have been - who has the legal right to decide.
It was insanity that any other case was made.
In hospice, people are taken off feedings every day. It is legal and accepted practice for this to occur. Patient by patient, family by family. For the government to come to a screeching halt to address this was FITH.
CHUCK...Let's stick with Texas Law...how bout it?
TITLE 8. DEATH AND DISPOSITION OF THE BODY
SUBTITLE A. DEATH CHAPTER 671.
DETERMINATION OF DEATH AND AUTOPSY REPORTS SUBCHAPTER A.
DETERMINATION OF DEATH § 671.001.
Standard Used in Determining Death (a) A person is dead when, according to ordinary standards of medical practice, there is irreversible cessation of the person's spontaneous respiratory and circulatory functions. (b) If artificial means of support preclude a determination that a person's spontaneous respiratory and circulatory functions have ceased, the person is dead when, in the announced opinion of a physician, according to ordinary standards of medical practice, there is irreversible cessation of all spontaneous brain function. Death occurs when the relevant functions cease. (c) Death must be pronounced before artificial means of supporting a person's respiratory and circulatory functions are terminated. (d) A registered nurse or physician assistant may determine and pronounce a person dead in situations other than those described by Subsection (b) if permitted by written policies of a licensed health care facility, institution, or entity providing services to that person. Those policies must include physician assistants who are credentialed or otherwise permitted to practice at the facility, institution, or entity. If the facility, institution, or entity has an organized nursing staff and an organized medical staff or medical consultant, the nursing staff and medical staff or consultant shall jointly develop and approve those policies. The board shall adopt rules to govern policies for facilities, institutions, or entities that do not have organized nursing staffs and organized medical staffs or medical consultants. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 201, § 1, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 965, § 8, eff. June 16, 1995.
§ 671.002. Limitation of Liability (a) A physician who determines death in accordance with Section 671.001(b) or a registered nurse or physician assistant who determines death in accordance with Section 671.001(d) is not liable for civil damages or subject to criminal prosecution for the physician's, registered nurse's, or physician assistant's actions or the actions of others based on the determination of death. (b) A person who acts in good faith in reliance on a physician's, registered nurse's, or physician assistant's determination of death is not liable for civil damages or subject to criminal prosecution for the person's actions. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 201, § 2, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 965, § 9, eff. June 16, 1995.
State of Texas
The above isn't congruent to HOW STUFF WORKS...