Questions

What is the legal definition of dead?

What is the legal definition of dead?

1) adj. dead. 2) n. the person who has died, as used in the handling of his/her estate, probate of will and other proceedings after death, or in reference to the victim of a homicide (as: “The deceased had been shot three times.”) In probate law the more genteel word is the “decedent.”

At what point should a person be considered dead?

If a person experiences the “irreversible cessation of all functions of the brain,” he or she is considered legally dead. What’s confusing is that someone who is brain dead can look and feel alive — they can keep breathing with the help of a ventilator, and their hearts can keep beating.

Who determines death?

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Generally a physician must make the determination that a person is dead. The physician then makes a formal declaration of the death and a record of the time of death. In a hospital setting, the physician who declares the death may not be the one who signs the death certificate.

How is death defined in the US?

The UDDA simply states: ‘An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.

Is a person still alive on life support?

The term “life support” refers to any combination of machines and medication that keeps a person’s body alive when their organs would otherwise stop working. However, people who are using a life-support device don’t always recover. They may not regain the ability to breathe and function on their own.

Why it is important to know the time of death of a person?

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The determination of time of death is of crucial importance for forensic investigators, especially when they are gathering evidence that can support or deny the stated actions of suspects in a crime. The time elapsed from the moment of death until a corpse is discovered is also known as the postmortem interval, or PMI.