BRAIN DEATH AND EUTHANASIA: HELPING OTHER PATIENTS LIVE

Authors

  • Mosunmola Imasogie, LL.B (Ogun), B.L, LL.M (Pretoria), LL.D (Pretoria) Bowen University image/svg+xml Author

Abstract

Debates over the legality or otherwise of euthanasia also is not novel, but the arguments lingers due to the irreconcilability of perspectives from religion, culture and policy. Euthanasia itself, suggests that someone has requested to die from the hand of another. Without that intention, it is rather best described as mercy killing. The purpose of this paper is not to delve into conceptual analysis but to seek a justification for executing death either by request (the one willing to die) or by the mercy of another (usually a physician). Hence, the focus on patients who have been confirmed brain dead. Medically, patients who are confirmed brain dead are legally dead and can only be sustained by a life machine for the rest of their lives. While a patient who is brain dead cannot even make decisions again, his family members then stands in his place as one who may be willing to make a request to allow the patient die. This paper argues that mercy killing done on patients who are brain dead provides some values to other patients who require organ transplants such that the organs of one who is brain dead may be upon consent by family members be given to other patients who needs it. Organ transplants have become very common in recent times and patients who had hopes to live dies from unavailability of donors (understandably). However, it is important to legally inquire into the possibility of patients with brain dead conditions and is legally declared dead and whether their family would be willing to allow and intentional death to happen for the good cause of helping the other patients live. This paper concluded that mercy killing is not mystical and cultural or religious argument should not becloud the possibility of a positive side of euthanasia when the patient concerned is brain dead. Doctrinal research was adopted in this work.

Author Biography

  • Mosunmola Imasogie, LL.B (Ogun), B.L, LL.M (Pretoria), LL.D (Pretoria), Bowen University

    Professor of Law, Bowen University, Iwo, Osun State Nigeria

    Email: mosun.imasogie@bowen.edu.ng

Downloads

Published

2026-07-08