By their decision in Tucker, the jury, in effect, found that death occurs when the brain dies, not when circulation and respiration cease, thereby exonerating the four physicians who have been accused of removing the heart of a living donor for a transplant. In order to better understand the reasons for the jury's finding as they did in Tucker, its medico-legal impact and ramifications, the facts of the case and the developments at trial must be considered. This Comment will examine the existing state statutes (in Kansas, Maryland and, most recently, California) that have incorporated the concept of brain death and a proposed model statute to establish a new legal definition of death consistent with Tucker and current medical thinking.
But When Did He Die?: Tucker v. Lower and the Brain-Death Concept,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol12/iss2/13