The Case for 'Brain Death' Legislation: A Response to the Critics
Howard J. Vogel
Hamline University - School of Law
January 1, 1979
Minnesota Medicine, Vol. 62, p. 121, 1979
In 1979 Minnesota Legislature considered legislating the concept of “brain death.” Controversy about this proposal is prompted by confusion of the issues involved. Arguments of the opponents of brain death are answered. The authors do not focus on theological and philosophical questions about life, death, the quality of life, and nature of human personality as they posit that society may not yet have the answers. Rather, this article focuses on physicians, families, judges, and other important actors in the human drama of healthcare who are daily called upon to perform their roles under circumstances in which their specific responsibilities to a patient are defined by the question of brain death. The authors argue that society must come to grips with “brain death” through enacting that concept into legislation.
Number of Pages in PDF File: 7
Keywords: Brain death, brain dead, health law
JEL Classification: K00, K32, I12Accepted Paper Series
Date posted: April 3, 2013
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