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Comment & Response
June 25, 2014

Legal and Ethical Challenges in Brain Death—Reply

Author Affiliations
  • 1O’Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, DC
JAMA. 2014;311(24):2544-2545. doi:10.1001/jama.2014.5590

In Reply Dr Grodin is correct in his assertion that the laws of both New York1 and New Jersey2 refer to the religious beliefs of the individual rather than to those of the family. Both states, however, call upon the family or other close person to determine the individual’s beliefs when they are unknown.2,3 In the absence of an advance directive, it will thus often fall to the family to interpret and communicate the patient’s wishes.

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