Copyright 2014 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Restrictions Apply to Government Use.
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
Grodin MA. Legal and Ethical Challenges in Brain Death. JAMA. 2014;311(24):2544. doi:10.1001/jama.2014.5573
Customize your JAMA Network experience by selecting one or more topics from the list below.