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Jurisprudence and Legal Assessment of Brain Death
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E Mikaniki *   , F Mikaniki , AA Abolhosseini |
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Abstract: (7960 Views) |
BACKGROUND AND OBJECTIVE: Brain death and organ transplantation are the new subjects in jurisprudence and medicine. Brain dead people are not completely alive that the regulations are considered for them as a living person and are not completely dead that death rules such as interment, funerary and performing testament are considered for them. Since, there are many moral and legal questions about brain death, so this study was performed to assess the jurists opinion about brain death and transplantation.
METHODS: By studying scientific and jurisprudence texts about brain death and transplantation, jurisprudence and legal rules about brain death were assessed in this study.
FINDINGS: The jurists give deaths verdict on brain dead people if their death be confirmed by physicians but if there is any doubt, it is necessary to wait until the signs of death to be appeared. Organ donation after real death of brain dead people is possible that requires consent from patients heir at law.
CONCLUSION: The results showed that brain death is actually an irreversible death. So, if the death is confirmed exactly by the experts, the mutilation of brain dead people is permitted for saving others life with getting permission from the patients legal guardians.
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| Keywords: Brain death, Jurist, Transplantation. |
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Full-Text [PDF 158 kb]
(2010 Downloads)
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Type of Study: Research |
Subject:
Biochemical
Accepted: 2014/06/7 | Published: 2014/06/7
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