Taquisha McKitty was declared brain dead after suffering cardiac arrest relating to drug overdose. Ontario Superior Court Justice Lucille Shaw ordered that McKitty‘s life support be withdrawn in a month but the family appealed the decision, challenging the brain death designation. According to the family’s lawyer, Hugh Scher, Justice Shaw erred by applying a legal definition of death that fails to conform to a biological definition of death. The court also erred by not allowing independent experts to assess McKitty’s movements, which differs in nature, quality and duration from spinal cord reflexes. Scher and the McKitty family say that beyond breathing and having a heartbeat, Taquisha shows other signs of life like moving her legs - which proves she's still biologically alive. The McKitty case questions whether a person who has been declared brain dead is actually dead.
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