Brain Death
One of the main areas where legal death is usually pronounced is when a person is considered brain dead. Brain death is considered an irreversible coma. A patient is diagnosed as brain dead when there is absolutely no brain activity going on. Brain death is legal in every state, with exceptions for New York and New Jersey. They have exceptions since some believe that a person’s lungs and heart should stop working before it can be declared they are really dead. Many people who have been deemed brain dead are in a vegetative state. A vegetative state is when a person can seem to be awake, have their eyes open, yet they are not aware of anything and their brains are not functioning. A lot of families will argue that their loved one moves, or is responding to them. It is common for younger patients to be able to live a very long time in a vegetative state, and if kept alive by artificial means, “these patients typically die of pneumonia, urinary tract infections, or sepsis related to skin breakdown.” Well known younger patients who were diagnosed brain dead are Terri Schiavo, Nancy Cruzan, and Karen Ann Quinlan. All three of these women were in a vegetative state and never regained consciousness. In each case, loved ones of the patients went to court in order for their brain dead family member to be allowed to die without being kept alive by artificial nutrition. The reason these women were allowed to die without it being considered murder was because they were pronounced legally dead. They are known as “right-to-die” cases, since they had a good reason for the right to die.[2]
With time the definition of legal death has been reexamined and altered as our technology enhances. The definition of death use to include only cessation of heart and lungs but now after further development it has been altered so that it can include permanent and irreversible brain failure. By June 1987, 39 states had also adopted this law into action to include brain death.[3] Changing the definition will always bring up new ethical concerns; especially when it involves organ transplants.