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The Medico-Legal Development of Neurological Death in the UK (Hardcover, 1st ed. 2022)
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The Medico-Legal Development of Neurological Death in the UK (Hardcover, 1st ed. 2022)
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Diagnosis of death by neurological criteria (DNC) is a construct
which has been part of the British medico-legal landscape for
nearly half a century. This book examines the factors behind its
emergence, and discusses the various changes that took place in the
last few decades that culminated in the current definition and
clinical criteria for determining brain-based death. It highlights
the continuities and discontinuities in practice, and the impact
they have on the issue of withdrawal of mechanical ventilation in
intensive care units and on the field of organ transplantation. The
book also explores the law's response to the introduction and
development of DNC in clinical practice. It demonstrates how the
legitimacy of the definition and criteria used by the medical
profession were forged in the courtroom rather than in Parliament.
It documents why case law were introduced in court, and assesses
whether organ donation was a consideration in the deliberations. It
will be emphasised that courts have given insufficient
consideration to requests made in recent cases to consider a
broader range of methods to determine death. Those pleas were made
on the grounds that the definition and criteria used in the UK are
dissimilar to those used in other jurisdictions that also adopt
DNC; and that faith communities have a different understanding of
death. By taking a close look at those other approaches before
highlighting the inherent limitations of the courtroom as the forum
that confers DNC its legitimacy, the book puts forward the argument
that the democratic process should be engaged.
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