There are three main schools of thought on death, Veatch says. There is a generally accepted view that a person is dead when all brain function ceases. But there is also the opinion that a person is only dead when his heart stops beating. That`s the view of many Orthodox and Native American Jews, as well as some mainstream Catholics and Protestants, Veatch says. Doctors use a number of different tests to determine if a person is brain dead. They test reflexes and see if the patient is trying to breathe when the level of carbon dioxide in the blood rises. If the patient shows no signs of brain function during these tests, he is officially brain dead. It should be noted that if there is no surviving spouse or children for the deceased, the parents of the deceased have the right to possess the body. If the parents are divorced, the right to bury the child belongs to the parent to whom custody of the child has been entrusted. If the obligation to bury a person is entrusted to a personal representative of the deceased, this representative has the right to bury the deceased. However, this right may be waived in the event of inaction by the executor with respect to the disposal of the body. Disposal of a corpse is the practice and process of dealing with the remains of a deceased person. Several methods of disposal are used.
In many cases, the disposition of spiritual concerns and the desire to show respect for the dead is dominated and can be highly ritualized. This event may be part of a larger funeral ritual. In other circumstances, such as war or natural disasters, practical concerns may be highlighted. Many religions as well as jurisdictions have established rules for the disposal of corpses. Since the experience of death is universal for all, corpse disposal practices are part of almost every culture. In some cases, a person is declared dead even without a body or medical explanation. This occurs in one of two circumstances. First, if a person`s life was known to be in danger when they were last seen, they can often be pronounced dead soon after. [12] Examples would be the passengers of the Titanic, who were not rescued after the sinking of the ship. Second, if a person has not been seen for a while and there is no evidence that they are alive. The time that has elapsed varies by jurisdiction, from just four years in the U.S. state of Georgia to twenty years in Italy.
[13] 1) Adj. death. 2) n. the deceased, as used in the treatment of his or her estate, estate and other proceedings after the death or in relation to the victim of homicide (for example: „The deceased was shot three times.”) In inheritance law, the word noble is „deceased”. If the party concerned gives consent to perform an informal autopsy, there is no liability for a pathologist, even if such an autopsy results in the removal and destruction of certain organs or the non-return of organs to their original place in the body. Lashbrook v. Barnes, 437 p.W.2d 502 (Ky. 1969). However, liability may be incurred if the person conducting the autopsy exceeds his or her authority by causing negligent or unnecessary mutilation of the body during the autopsy.
Survivors or descendants of the deceased have no legal right to the reputation of a deceased relative, nor can they collect in the name of their own interests in relation to that person`s reputation. Similarly, the estate of a deceased person cannot be held responsible for the defamation of the dead. However, relatives, relatives or friends of the deceased may have a cause of action if the defamation reflects their own reputation and they were actually defamed by the statements. The family of a deceased person has the personal right to bury the body of his or her relative. Any mutilation or disturbance of a corpse is considered an interference with this personal right and entails a punishable injustice. Anyone who carelessly withholds a corpse or prevents the cremation or opening of a corpse is responsible for emotional distress. In order to bring an action against the morgue for unlawfully inflicting emotional distress, a plaintiff must prove that a defendant intentionally caused severe emotional distress to the plaintiff. Powell v. Grant Med. Ctr., 148 Ohio App.3d 1 (Ohio Ct. App., Franklin County 2002) Most legal conclusions of death in developed countries are made by medical professionals who pronounce death when certain criteria are met. [4] Two categories of legal death are death, which is determined by irreversible cessation of heart rate and breathing (cardiopulmonary death), and death determined by irreversible cessation of brain function (brain death).
[ref. needed] [doubtful – discuss] In the United States, each state has laws defining these two categories of deaths, modeled on the Uniform Determination of Death Act.