WE CAN HOPE AND PRAY AND WORK TOWARDS THE REVISION OF THE LAW FOR DETERMINATION OF DEATH BY NEUROLOGIC CRITERIA (BRAIN DEATH).

Posted on January 21, 2020 by abyssum
Here are the latest updates for rhg1923@gmail.com“Medical Futility Blog” – 2 new articles

Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death ActNew Jersey Enacts Mini Patient Self Determination Act to Improve End-of-Life CareMore Recent Articles

Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act

I am delighted that “Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act” is now available in the Journal of Law, Medicine & Ethics. 

Since 1981, the Uniform Determination of Death Act (UDDA) has served as the legal foundation for the medical practice of determining death. However, in recent years, litigation challenging the use of neurologic criteria to declare death has questioned the authority of the UDDA. These developments have exposed unresolved ambiguities in the legal rules governing determination of death that must be addressed.  

In this article, we make the case for a Revised Uniform Determination of Death Act (RUDDA). In Section II, we review the history of laws governing neurologic criteria to declare death in the United States. In Section III, we summarize the contemporary statutes and case law bearing on neurologic criteria to declare death, paying close attention to variations among state laws and areas of ambiguity. Finally, in Section IV, we discuss proposed revisions to the UDDA and explain the need for these modifications to the bar, health professionals, and the public. 


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New Jersey Enacts Mini Patient Self Determination Act to Improve End-of-Life CareLike others, I have lamented (and here) the abject failure of the federal Patient Self Determination Act. Over the past thirty years, it has done little to improve the quantity or quality of advance care planning.
Seeking to fill this gap, New Jersey just enacted several laws that might be called a “mini-PSDA.”
S.B. 3118 (now ch. 315) establishes a public awareness campaign to promote early conversations about advance care planning and end-of-life care.
S.B. 3116 (awaiting signature) requires certain medical facilities to undertake end-of-life planning and training.
S.B. 3117 (awaiting signature) requires emergency departments to take certain measures concerning palliative care for patients.
New Jersey Governor Phil Murphy
     
https://mail.google.com/mail/u/0/?hl=en&shva=1#inbox/FMfcgxwGCtHnLqzLZkZbjvsSSPCHLftB

About abyssum

I am a retired Roman Catholic Bishop, Bishop Emeritus of Corpus Christi, Texas
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