Brainstem death cases

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41. (1) If a person has been certified as brainstem dead, a doctor may withdraw all life- sustaining measures from the deceased.

In making the certification of brainstem death, due regard shall be given to any relevant codes of practice about the diagnosis and certification of death of the United Kingdom or the Islands.

Subsection (1) shall apply notwithstanding any directive of the deceased to the contrary. Clause 42 Health Care Decisions Act (2022 Revision) Page 26 Revised as at 31st December, 2021 c

The withdrawal of life-sustaining measures shall not constitute causation of death under section 188 (causing death defined) of the Penal Code (2022 Revision).

Health Care Decisions Act

7 Parts

s.41Brainstem death cases— Health Care Decisions Act (2022 Revision)

Section 41Part 5 — PROTECTIONS FOR PROXY AND REGISTERED PRACTITIONERS

Brainstem death cases

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41. (1) If a person has been certified as brainstem dead, a doctor may withdraw all life- sustaining measures from the deceased.

In making the certification of brainstem death, due regard shall be given to any relevant codes of practice about the diagnosis and certification of death of the United Kingdom or the Islands.

Subsection (1) shall apply notwithstanding any directive of the deceased to the contrary. Clause 42 Health Care Decisions Act (2022 Revision) Page 26 Revised as at 31st December, 2021 c

The withdrawal of life-sustaining measures shall not constitute causation of death under section 188 (causing death defined) of the Penal Code (2022 Revision).