title: When Brain Death Belies Belief.
abstract: The case of Jahi McMath has reignited a discussion concerning how society should define death. Despite pronouncing McMath brain dead based on the American Academy of Neurology criteria, the court ordered continued mechanical ventilation to accommodate the family's religious beliefs. Recent case law suggests that the potential for a successful challenge to the neurologic criteria of death provisions of the Uniform Determination of Death Act are greater than ever in the majority of states that have passed religious freedom legislation. As well, because standard ethical claims regarding brain death are either patently untrue or subject to legitimate dispute, those whose beliefs do not comport with the brain death standard should be able to reject it.
authors.affiliation: School of Historical, Philosophical & Religious Studies, Arizona State University, Tempe, AZ, 85281, USA. greg@yankelaw.com.
authors.forename: Greg
authors.identifier: http://orcid.org/0000-0003-2370-1240
authors.initials: G
authors.lastname: Yanke
authors.affiliation: Department of Critical Care, Mayo Clinic Hospital, 5777 East Mayo Boulevard, Phoenix, AZ, 85054, USA.
authors.forename: Mohamed Y
authors.initials: MY
authors.lastname: Rady
authors.affiliation: Department of Physical Medicine and Rehabilitation, Mayo Clinic, 13400 E Shea Blvd, Scottsdale, AZ, 85259, USA.
authors.forename: Joseph L
authors.initials: JL
authors.lastname: Verheijde
mesh_terms: D001926:Brain Death / Q000331:legislation & jurisprudence*; D006801:Humans; D012068:Religion and Medicine; D014481:United States
keywords: Brain death; Free exercise clause; Jahi McMath; Religious freedom; Uniform Determination of Death Act