HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Saturday, January 22, 2005

Maternal Brain Death (Recent Addition to SSRN Database)

Maternal Brain Death, 30 Am. J. L. & Med. 453 (2004).  Abstract

Medical technology and sceintific knowledge enables health-care providers to maintain a brain-dead pregnant woman on life-support for the successful delivery of her fetus. However, the legality of such practice as well as its ethical implications remain unclear. The article examines the various aspects of this postmortem procedure. First, the permissibility of such an action is analyzed through discussion of other legal situations dealing with some similar aspects, namely abortion-law and Human tissue gift law. Following this, the major issues arising in this dilemma are being discussed. These issues include the moral and legal status of the fetus, on the one hand and of the dead, on the other hand; interest to life; pragmatical obstacles derived from the proposed procedure, the legal requirement of consent, physician-patient relationship and the status of next-of-kin in such situation. The article concludes with some practical guidelines for health-care providers, lawyers and other interested people at large.


| Permalink


Post a comment