Article

Failure to Define Death The Unsettled Question

Authors: SUSAN S. JARVIS JD, BRUCE W. JARVIS MD

Abstract

ABSTRACTMany states have passed the Uniform Anatomical Gift Act, which places the burden of determination of actual death of the patient upon the physician. The House of Delegates of the Connecticut State Medical Society has endorsed a definition of death. The Kansas Legislature was the first to adopt a statute defining death, but many authorities believe that this is an area in which the medical profession should assume total responsibility. Failure of the medical profession to meet this responsibility will lead to the development of areas of liability with new and unexpected ramifications for physicians and hospitals.

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