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The Medico-Legal Development of Neurological Death in the UK

  • Book
  • © 2022

Overview

Authors:
  1. Kartina A. Choong

    1. School of Justice, University of Central Lancashire, Preston, UK

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  • Covers a topic which is highly significant particularly in light of the recent changes in organ donation laws
  • Analyzes the implications and repercussions of the present method of determining death for a pluralistic society
  • Initiates debate on an often overlooked subject in the UK, with the aim of prompting legal reform and policy change

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-xviii
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  2. Death Revisited

    • Kartina A. Choong
    Pages 1-14

  3. The Emergence of Neurological Death in the UK

    • Kartina A. Choong
    Pages 15-27

  4. Death in the Courtroom

    • Kartina A. Choong
    Pages 29-46

  5. Democratising Death

    • Kartina A. Choong
    Pages 47-61

  6. General Conclusion

    • Kartina A. Choong
    Pages 63-72

  7. Correction to: The Medico-Legal Development of Neurological Death in the UK

    • Kartina A. Choong
    Pages C1-C1

  8. Back Matter

    Pages 73-75
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Keywords

About this book

Diagnosis of death by neurological criteria (DNC) is a construct which has been part of the British medico-legal landscape for nearly half a century. This book examines the factors behind its emergence, and discusses the various changes that took place in the last few decades that culminated in the current definition and clinical criteria for determining brain-based death. It highlights the continuities and discontinuities in practice, and the impact they have on the issue of withdrawal of mechanical ventilation in intensive care units and on the field of organ transplantation. The book also explores the law’s response to the introduction and development of DNC in clinical practice. It demonstrates how the legitimacy of the definition and criteria used by the medical profession were forged in the courtroom rather than in Parliament. It documents why case law were introduced in court, and assesses whether organ donation was a consideration in the deliberations. It will be emphasised that courts have given insufficient consideration to requests made in recent cases to consider a broader range of methods to determine death. Those pleas were made on the grounds that the definition and criteria used in the UK are dissimilar to those used in other jurisdictions that also adopt DNC; and that faith communities have a different understanding of death. By taking a close look at those other approaches before highlighting the inherent limitations of the courtroom as the forum that confers DNC its legitimacy, the book puts forward the argument that the democratic process should be engaged.


Authors and Affiliations

  • School of Justice, University of Central Lancashire, Preston, UK

    Kartina A. Choong

About the author

Dr Kartina A. Choong is a Reader in Medical Law and Ethics at the University of Central Lancashire, having previously held academic appointments at the universities of Durham, Reading and Leeds Metropolitan. She has served as a Subject Specialist for Medical Ethics and Religion for INTUTE: Arts and Humanities (formerly the HUMBUL Humanities Hub based at the University of Oxford)(2002-2010) and sat on the British Medical Journal (BMJ) Ethics Committee (2018-2021).

She obtained a Law degree from the University of Cardiff before qualifying as a Barrister (Honourable Society of Lincoln’s Inn, London). She holds Masters degrees in Health Care Ethics and Applied Social Research from the University of Manchester, and in Islamic Studies from the University of Leeds. Her PhD in Medical Law was awarded by the University of Manchester. Her main areas of research interests, on which she has published widely, include neurological death, medical futility, religiously- and culturally-sensitive end-of-life care, palliative care, medical mediation, professional liability, access to health records, consent, and confidentiality. She is an Accredited Mediator and a Fellow of the UK Higher Education Academy.

Bibliographic Information

  • Book Title: The Medico-Legal Development of Neurological Death in the UK

  • Authors: Kartina A. Choong

  • DOI: https://doi.org/10.1007/978-981-19-6763-4

  • Publisher: Springer Singapore

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: Springer Nature Singapore Pte Ltd. 2022

  • Hardcover ISBN: 978-981-19-6762-7Published: 26 November 2022

  • Softcover ISBN: 978-981-19-6765-8Published: 26 November 2023

  • eBook ISBN: 978-981-19-6763-4Published: 25 November 2022

  • Edition Number: 1

  • Number of Pages: XVIII, 75

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Medical Law, Transplant Surgery, Bioethics, Religion and Health

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