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Comment & Response
June 25, 2014

Legal and Ethical Challenges in Brain Death

Author Affiliations
  • 1Department of Health Law, Bioethics, and Human Rights, Boston University School of Public Health, Boston, Massachusetts
JAMA. 2014;311(24):2544. doi:10.1001/jama.2014.5573

To the Editor Mr Gostin in his Viewpoint1 argued that “All states have followed the model act, although 2 states—New Jersey and New York—require hospitals to consider the family’s religious or moral views in determining a course of action after brain death.”

However, the New Jersey statute and New York regulation require consideration of the individual’s belief, not the family’s. Furthermore, these states require determining death not by neurological criteria (and thus not after brain death) but solely upon the basis of cardiorespiratory criteria.2

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