
Under the Uniform Determination of Death Act, followed in 50 states with minor variations in NJ, NY, and CA, brain death occurs when a person permanently stops breathing, the heart stops beating and "all functions of the entire brain, including the brain stem" cease. While no one disagreed with that description, a 2008 study that included 41 of the nation's top hospitals found widespread and worrisome variability in how doctors and hospitals were determining who met the criteria.
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