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Print DEATH
Print DEATH
History:
BLACKS DICTIONARY
Thomas vs. Anderson
Smith vs. Smith
BRAIN
DEATH
LONDON
Christian Barnard
Worlds first successful
heart transplant
Philadelphia Protocol
Ottawa Gen. Hospital
French Council of
Ministers
Arguendo:
Smith
vs.
Smith
Held:
a person, though
unconscious, if
breathing, is still
alive!
LAWS ON SUCCESSION
Definition:
- the ceasing to exist
- the ceasing to exist of such animal
and vegetative functions of a
human being.
comparo:
Medical DEATH
Legal DEATH
continuing process
precise event
Civil personality is
extinguished by
death (Art. 42, NCC)
concerns of
Succession
BRAIN DEATH:
OTTAWA PROTOCOL
IRREVERSIBLE COMA
Pupils dilated and
non-reactive to light
Absence of deep
reflexes
Absence of
circulation
Absence of
respiration
Flat electroencephalogram
TWO-PHYSICIAN
RULE
FOR TRANSPLANTS:
2 PHYSICIANS
plus
one
NEUROLOGIST or
NEUROSURGEON
CAUSE OF DEATH:
the injury, disease or combination of both,
responsible for initiating the trend or disturbance, brief or
prolonged, which produce the fatal termination.
IMMEDIATE
there is no
opportunity for
sequelae or
complications to
develop
probably
PROXIMATE
injury or disease was
survived for a
prolonged interval
which permitted the
development of
serious sequelae.
instantaneous
When there is a
degree of probability
amounting to almost
certainty as to the
cause of death
When neither history
nor clinical findings is
sufficient to determine
the cause but merely
allows us to speculate
ORGAN
HARVEST
AND
TRANSPLANT
LEGAL
CONSEQUENCES
OF
DEATH
wither thou
goest my
mortal
remains?
- - may
maybe
beinvoked
invokedby
bythe
the
patient
patientthrough
througha:
a:
LIVING
LIVINGWILL,
WILL,
DONOR
DONOR
CARD
CARDor
orany
any
LEGAL
LEGALDOCUMENT
DOCUMENT
RULES OF COURT:
The civil case for claims which do not survive is
dismissed upon death of the defendant
negligent
suicidal
see also Art.
253, RPC
parricidal
infanticidal
murder
homicidal
tumultuous exceptional
circumstance
affray
s
Classification of Death
violent
natural
DEATHS OF
MEDICO-LEGAL
CONCERN:
VIOLENT
ACCIDENTAL
SUSPICIOUS
UNDETERMINED
SUICIDAL
UNATTENDED
violent deaths
Those due to
injuries inflicted
in the body by
some forms of
outside force.
The physical
injury must be
the IMMEDIATE
or PROXIMATE
Cause of death.
ELEMENTS:
1. That the victim at the
time of infliction was
healthy.
2. That death may be
expected from the
physical injuries.
3. That death ensued within
a reasonable time.
THE ORGAN
DONATION ACT OF
1991
Dont take
your ORGANS
to heaven,
Heaven
knows we
need them
HERE!!!