The Kansas Death Statute: Bold and Innovative

Abstract

By permitting their physicians to use the concept of brain death, the people of Kansas have scored a legislative precedent. Nowhere else in the common-law world do doctors have knowledge of this right prospectively, and in this age of medicolegal uncertainty, this statute stands as quite an accomplishment.Kennedy disagrees (page 946), but his criticism of the intent and nature of this law may stem from a lack of understanding of the conditions in the United States. In particular, I am impressed that he may not fully appreciate the magnitude and effects of the medical litigation dilemma we are presently . . .