Legal Death - Moral and Ethical Issues

Moral and Ethical Issues

Death is a universal but incompletely understood phenomenon, with strong connections to religious, spiritual and ethical beliefs. There have been cases of people believed dead who (with or without assistance) later recovered, or whose body was capable of continued function. Accordingly the question of when a person is to be considered "dead" for legal or other purposes can be a lot more controversial and complex than it seems.

Well known ethical questions include determining the point where organ removal for donation can take place, when medical care should be withdrawn (or a person kept alive who appears unable to ever recover from coma), and when a person should be considered "dead" in the eyes of the law. In rare cases a patient has been declared legally dead who is later found to be alive. Misdiagnosis of death is also a possibility and has been recorded in medical discussions. In cases of babies born without a brain cortex (known as anencephaly and with a life expectancy of hours or days) a similar question arises regarding the point at which the healthy organs may be used to help other babies. Because of these uncertainties, legal process may be needed to determine case-by-case whether an individual is to be considered "dead".

Separate ethical arguments relate to the societal resources consumed in preserving bodily life for people who may never recover, to the occasions when the wishes of the patient (or their representatives or family) differ from legal or medical views, since in many contexts the wishes of an individual or their representatives are given weight in medical matters (for example the case of Jesse Koochin), and religious or spiritual beliefs.

As might be expected, a wide range of views exist. Religions, cultures, societies, and philosophers, may each differ on their views related to these questions. Some notable views include:

• Religion - Among world religions, Catholicism takes a markedly strong stance against directly intending to cause the death of any innocent human person, whether by direct provocation, such as by a lethal injection, or by withholding or withdrawing ordinary means of life support or treatment, such as a feeding tube. This need not include the withdrawing or withholding of extraordinary means of life support or treatment, such as CPR or a ventilator. This has led to legal and cultural controversy in such cases as Cruzan, Schiavo, and Quinlan.