According to the Determination of Death Act, when is an individual considered to be dead?

• A. The individual has sustained irreversible cessation of the circulatory or nervous system
• B. The individual has sustained irreversible cessation of circulatory or respiratory function
• C. The individual has sustained irreversible cessation of the circulatory and nervous system
• D. The individual has sustained irreversible cessation of circulatory and respiratory function

Answer: (A)

Death is determined when the vital functions can no longer be revived and have ceased irreversibly. The Determination of Death Act sets out two alternate routes to declare death: either the circulatory and respiratory functions have irreversibly ceased, or all functions of the entire brain (including the brainstem) have irreversibly ceased. Saying irreversibly that the circulatory system or the nervous system has stopped captures these two pathways in one statement: if circulation stops irreversibly, death is declared; if brain (nervous system) function stops irreversibly, death is declared. The emphasis is on irreversibility and on recognizing either the end of circulatory/respiratory life or the end of brain life. The other options inaccurately combine or specify functions in a way that doesn’t reflect the dual-path criteria established by the act.