President

- believes that – in the current state of scientific knowledge – other
neurological criteria for ascertaining death are unacceptable, like that of the
mere cessation of cortical functions.
Although the brain death criteria – intended as “encephalic death” – has
been adopted by the most important academies of neurology in the world and
is accepted in the legislations of almost all the Countries that have tackled
these issues, the Committee believes that the way this concept is explained to
public opinion must be updated and clarified, especially with regards to the
terminology, with definitions that are more in line with current medical practice.
In addition, it recommends that public opinion is made aware of the
anthropological, social, ethical and legal implications of the criteria for
ascertaining death.
5.6. The criteria adopted to ascertain death require following methods,
procedures and the eventual recourse to verification tests. For this reason we
recommend the highest level of conformity in the protocols both of neurological
and cardiopulmonary criteria, which often appear different from Country to
Country, causing confusion in the public opinion with negative effects on the
relative belief in the reliability of the criteria themselves.
5.7. The NBC believes that Italian legislation on ascertaining death,
supported by guidelines 251 , adequately guarantees the public and is cautious
enough to allow medical structures to adopt homogeneous practices.
5.8. With regards to the ethical validity of the criteria for ascertaining
death, the starting point can only be the factual reality of death, as shown by
clinical diagnosis. However, we must always be open to further analyses of the
problem, especially when new or previously overlooked scientific data emerge.
251 Law 578/93 and Decree 582/94 updated in 2008 with the addition of scientific guidelines.
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