Neuroanesthesia & neurocritical care

Legal considerations for the definition of death in the 2023 Canadian Brain-Based Definition of Death Clinical Practice Guideline

Can J AnaesthPublished Legal analysis

Authors' conclusion

There are some differences between the wording of the new Guideline and existing legal definitions.

Methodological detailsReviews of statutory law, case law, and secondary legal literature, Draft discussed by the Legal-Ethical Working Subgroup and presented to the Guideline project team for comment
  • Reviews of statutory law, case law, and secondary legal literature
  • Draft discussed by the Legal-Ethical Working Subgroup and presented to the Guideline project team for comment

Main finding

As reported in the abstract

  • Some differences between the wording of the new Guideline and existing legal definitions of death
  • Future challenges to brain death based on the Charter of Rights and Freedoms can be anticipated

Original publication

Legal considerations for the definition of death in the 2023 Canadian Brain-Based Definition of Death Clinical Practice Guideline. Can J Anaesth. Published 4 May 2023. doi:10.1007/s12630-023-02410-9

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