Inconsistency between the circulatory and the brain death criteria of death in the Uniform Determination of Death Act

Abstract

Presentation of a paper submitted to the Journal of Medicine and Philosophy. We show a conceptual inconsistency in the Uniform Death Determination Act, the US model statute on death determination, regarding the use of the concept of "cessation of functions". We examine the possible origins of that inconsistency and we explore possible solutions to it. Our analysis applies to any country with both a circulatory criterion and a brain criterion for determining death.