Abstract

The appearance of chronic brain dead patients who can undergo puberty and gestate pregnancies has shaken the confidence that brain death determination once enjoyed. Based on the bio-philosophical concept of loss of integration, whole brain death became the accepted standard with the widespread implementation of the Uniform Determination of Death Act. Unfortunately, the clinical criteria do not actually test the whole brain. Retrospective data shows that roughly half of these chronic brain dead patients have persistent hypothalamic functioning and are therefore not whole brain dead. The Uniform Law Commission sought to change the determination of brain death to align with the current clinical criteria. Rather than gerrymandering death determination, the criteria for brain death should be strengthened. Such a change could respect the intrinsic human dignity of the patient and promote prudential certitude.