71-7202. Determination of death.
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/ne/chapter-71/71-7202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Only an individual who has sustained either
(1)irreversible cessation of circulatory and respiratory functions, or
(2)irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
The Uniform Determination of Death Act does not establish a rule of evidence requiring that in all cases involving an alleged decedent, the fact of death must be medically established. State v. Edwards, 278 Neb. 55, 767 N.W.2d 784 (2009).
The presence of an independent heartbeat and the existence of some brain stem activity means that an infant is alive for purposes of this section. In re Interest of Tabatha R., 252 Neb. 687, 564 N.W.2d 598 (1997).