چکیده:
Prior to recent advances in medical science, the cessation of heartbeat and respiration indicated the occurrence of death; however, since then, the medical community has considered two criteria for diagnosing death: 1. The irreversible cessation of respiratory and circulatory functions, and 2. The irreversible cessation of all brain functions. Today, the laws of most developed countries such as the USA, France, England, and Japan consider brain death equivalent to the death of all parts of the brain and have included it in their definition of death. By accepting brain death as a criterion for death, the Iranian medical community has not remained distant from this matter. In 1378 (SH), a national symposium was held to determine the nature of brain death. After that, in 1379 (SH), the law on organ transplantation from patients suffering from brain death was approved; although, unlike the laws of many countries, death was not defined in our law, and it has not been explicitly declared that a patient suffering from brain death is dead. In this article, we aim to explain the legal effects of brain death while defining it.
خلاصه ماشینی:
Shiraz University Journal of Legal Studies Volume 2, Number 1, Spring and Summer 2010 Legal Consequences of Brain Death Dr. Ali Asghar Hatami* Neda Masoudi** Shiraz University Abstract {IBPrior to recent advances in medical science, the cessation of heartbeat and respiration was indicative of death; however, since then, the medical community has considered two criteria for determining the occurrence of death: 1.
Sometimes, conversely, the death of brain cells occurs first, in which case the physical, chemical, and physiological balance of the body is disrupted, brain death is certain, and the person suffers an irreversible cessation of all functions of the entire brain (brain death); therefore, with the cessation of respiration, the lack of oxygen in the blood causes the heart to fail (brain death), which in both cases, death is definitive and returning to life is not possible.
If, after the occurrence of brain death and before the cessation of heart activity, we consider the patient to be alive, how would it be possible to use the heart or other organs upon which life depends?
(Motallebi, 1379:42) In the USA, 46 states and also the District of Columbia have brought this law to approval by their state parliaments, but the states of Arizona, Nebraska, New Jersey, and Washington have [not done] this 140) In this regard, the Islamic Fiqh Council of the Organization of the Islamic Conference has announced that a person is considered dead and the Sharia rulings related to death apply to them when one of the following two signs appears in them: 1- The heart and respiration completely cease to function, and physicians confirm that this cessation is irreversible.
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