Can the Brain-Dead Be Harmed or Wronged?: On the Moral Status of Brain Death and its Implications for Organ Transplantation

Kennedy Institute of Ethics Journal 27 (4):525-559 (2017)
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Abstract

The dead donor rule, which requires that organ donors not be killed by the process of organ procurement, is thought to protect vulnerable patients from exploitation and from being harmed through organ procurement. In current practice, the majority of transplantable organs are retrieved from patients who are declared dead by neurological criteria, or "brain-dead." Because brain death is considered to be sufficient for death, it is thought that brain-dead donors are neither harmed nor wronged by organ removal.In this essay I argue that this is not the case. Brain-dead donors can be, and many are, harmed and wronged by...

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Michael Nair-Collins
Florida State University

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