header-logo header-logo

26 March 2009 / Seamus Burns
Issue: 7362 / Categories: Features , Human rights
printer mail-detail

How certain is death?

Seamus Burns welcomes an attempt to prevent the wrongful diagnosis of death

Benjamin Franklin famously said there were only two certainties in life, namely death and taxation.

The recent publication by the Academy of Medical Royal Colleges, A Code of Practice for the Diagnosis and Confirmation of Death, represents the medical profession's latest attempt to nail down and clarify when it is appropriate to diagnose and confirm when someone is dead.

The code is designed to remove ambiguities in the way death was diagnosed in the earlier 1998 code and to take cognisance of the technological innovations in medical practice in the last decade. Arguably, too it seeks to address the horror stories (anecdotal in some cases) of patients diagnosed as dead by doctors, allegedly coming back from the dead. Indeed the BBC, under the Freedom of Information Act 2000 revealed last year that patients in five English hospitals had been incorrectly diagnosed as being dead over the past five years.

Dr Jan Bondeson, Professor of Rheumatology at Cardiff University, is concerned that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll