Medico-Legal Aspects of:

History:
BLACKS DICTIONARY
Thomas vs. Anderson
Smith vs. Smith

BRAIN
DEATH

LONDON
Christian Barnard
Worlds first successful
heart transplant

Philadelphia Protocol
Ottawa Gen. Hospital
French Council of
Ministers

Arguendo:

Smith
vs.
Smith

Since Mrs. Smith was in

a state of irreversible
coma from day one,
she might as well be
declared as having
died simultaneously
with
Mr.Smith

Held:
a person, though
unconscious, if
breathing, is still
alive!

LAWS ON SUCCESSION

Definition:
- the ceasing to exist
- the ceasing to exist of such animal
and vegetative functions of a
human being.

comparo:
Medical DEATH

Legal DEATH

continuing process

precise event

The ceasing to exist

of such animal and
vegetative
functions

Civil personality is
extinguished by
death (Art. 42, NCC)

concerns of postmortem care

concerns of
Succession

BRAIN DEATH:
OTTAWA PROTOCOL

IRREVERSIBLE COMA
Pupils dilated and
non-reactive to light
Absence of deep
reflexes
Absence of
circulation
Absence of
respiration
Flat electroencephalogram

who determines brain death?

TWO-PHYSICIAN
RULE
FOR TRANSPLANTS:
2 PHYSICIANS
plus
one
NEUROLOGIST or
NEUROSURGEON

CAUSE OF DEATH:
the injury, disease or combination of both,
responsible for initiating the trend or disturbance, brief or
prolonged, which produce the fatal termination.

IMMEDIATE
there is no
opportunity for
sequelae or
complications to
develop

probably

PROXIMATE
injury or disease was
survived for a
prolonged interval
which permitted the
development of
serious sequelae.

instantaneous

degree of certainty as to the cause of death

When the structural
abnormalities
established beyond
doubt the cause of
death
When cause of death is
established primarily by
historical facts which are
confirmed by anatomic
or chemical findings

When there is a
degree of probability
amounting to almost
certainty as to the
cause of death
When neither history
nor clinical findings is
sufficient to determine
the cause but merely
allows us to speculate

quo vadis after brain death?

THE
RIGHT
TO
DIE

ORGAN
HARVEST
AND
TRANSPLANT

LEGAL
CONSEQUENCES
OF
DEATH
wither thou
goest my
mortal
remains?

the right to die

TRIAD
TRIADof
ofCONSENT
CONSENT

- - may
maybe
beinvoked
invokedby
bythe
the
patient
patientthrough
througha:
a:
LIVING
LIVINGWILL,
WILL,
DONOR
DONOR
CARD
CARDor
orany
any
LEGAL
LEGALDOCUMENT
DOCUMENT

legal consequences of brain death:

CIVIL CODE:
The civil personality of a natural
person is extinguished by death
(Art. 42)
Transmission of properties to his
heirs at the time of death (Art. 774)
One of the causes of dissolution of a
partnership agreement (Art.
1830)
Death of either the principal or
agent
extinguishes the agency
(Art. 1919)

REVISED PENAL CODE:

The criminal liability of a person is totally
extinguished when his death occurs before
final judgment (ART. 89)

RULES OF COURT:
The civil case for claims which do not survive is
dismissed upon death of the defendant

penal classification of deaths:

accidental

negligent

suicidal
see also Art.
253, RPC

parricidal

infanticidal

murder

homicidal

tumultuous exceptional
circumstance
affray
s

Classification of Death
violent

natural

DEATHS OF
MEDICO-LEGAL
CONCERN:
VIOLENT
ACCIDENTAL
SUSPICIOUS
UNDETERMINED
SUICIDAL
UNATTENDED

violent deaths
Those due to
injuries inflicted
in the body by
some forms of
outside force.
The physical
injury must be
the IMMEDIATE
or PROXIMATE
Cause of death.

ELEMENTS:
1. That the victim at the
time of infliction was
healthy.
2. That death may be
expected from the
physical injuries.
3. That death ensued within
a reasonable time.

on combined violence and natural causes:

Art 4, No. 2, RPC
Which would be an
offense against persons
and property were it not
for the inherent
impossibility of its
accomplishment
Art. 59, RPC
The court having in mind
the social danger and
degree of criminality
shown by the offender

Did the person die of

a natural cause and
were the physical
injuries inflicted after
death?

 What if death was

accelerated by the
violence?

Art. 4, No. 1, RPC

although the
wrongful act done
be different from
which he intended
EUTHANASIA
Art. 253, RPC
Giving Assistance to
Suicide

 Did the victim die of a

natural cause
independent of the
violence inflicted?
the accused will not be
held responsible for
the death but merely
for the physical
injuries he inflicted

THE ORGAN
DONATION ACT OF
1991

Dont take
your ORGANS
to heaven,
Heaven
knows we
need them
HERE!!!

THE LIVING WILL

May be executed by any person 18 yrs or over
with a sound mind. If under 18, must be with
parental consent
- binding as a mandatory directive written in a PUBLIC

INSTRUMENT, unless there is actual notice of contrary

intention
- or by the next-of-kin in the order of hierarchy
called the LEGAL SURROGATE
RECIPIENTS: any specified individual, hospital or
organ bank