Defining Death

Question 1

What happend in Smith v Smith

Answer 1

Saying that death is the total stoppage of blood.

Question 2

what happend in Tucker?

Answer 2

Here the it was to do with organ donation and transplantation. The brother of the donneee brought action agaisnt the doctor for wrong death claim because when the heart was removed it was still beating. The courts rejected the cardiac version of death and said “ for a man to be dead, his brain be dead”

Question 3

R v Malchereck

Answer 3

Death is “irreverisble death of the brain stem that controls the basic functioning of the body such as breathing

Question 4

What does section 2A of the interpretaton act state?

Answer 4

States that total irreerisble circulation and cessation of the body, irrevrsible functions of the higher brain functions

Question 5

Why is the hugher brain death defintion not practible?

Answer 5

It is not practible because it is not certain. docotrs are not able to actually know the cessation of the higher brain functions, not knowing which parts are congniton conciousness

Question 6

What did boucek and vetach say about waiting period?

Answer 6

Boucek said once the brain died you should check and monitor patient for 3 minutes but vetach opposed and said a waiting period of 5-10 minutes was more eligible.