Medical guidelines for determining and verifying death
Whilst dying is a process rather than an event, a definition of when the process reaches the point (death) at which a living human being ceases to exist is necessary to allow the confirmation of death without an unnecessary and potentially distressing delay.
Death may be obvious with clear signs pathognomonic of death such as hypostasis (settling of blood) and rigor mortis (stiffening of muscles).
Verification of death is the process of identifying that a person has died. It has nothing to do with providing a death certificate or identifying the cause of death.
English Law allows that any competent adult may verify that someone has died, but it does not place them under a legal obligation to do so.
In the absence of obvious signs of death, we recommend that the point after cardiorespiratory arrest at which death of a living human being occurs is identified by specific conditions.
After a death has been verified, a certificate (Medical Certificate of Cause of Death – MCCD) must be completed and submitted to the local registrar of births, marriages and deaths.
The certificate must be completed by a doctor who is registered (including temporary registration) and licensed to practice with the GMC.
The MCCD provides the legal authority for the disposal of the body and is necessary for the death to be formally registered.
The MCCD must include accurate information about the cause of death, which should be based on medical knowledge and evidence.
All of the following conditions must be fulfilled to allow the diagnosis of death following irreversible cessation of brainstem function to be undertaken.
The diagnosis of death by brainstem testing should be made by at least two medical practitioners who have been registered for more than five years and are competent in the conduct and interpretation of brainstem testing.
At least one of the doctors must be a consultant. Those carrying out the tests must not have, or be perceived to have, any clinical conflict of interest.
Neither doctor should be a member of the transplant team to avoid any potential conflict of interest.
Testing should be undertaken by the nominated doctors acting together and must always be performed on two occasions with a complete set of tests performed each time.