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The article focuses on the procedural peculiarities of court investigations in cases of missing persons and death declarations. The jurisdiction of such cases has been determined. The criteria and the arguments for declaring a person missing or deceased were singled out. The procedural status of the applicant and the person concerned was analyzed. The necessity to expand the range of case participants has been proved. Special attention has been paid to the court claim requirements. The article also examines the problem of object of proof and the process of filing the evidence to court in order to justify the applicant's claim. The paper reveals the issue of court judgements and the proceedings for its renewal. It also reveals the consequences in case such court statements are satisfied. The author examines the academic positions of those scholars who researched such institutes in civil procedure perspective as well as the case law.

Abstract The improvement in left ventricular assist device (LVAD) technology and scarcity of donor hearts have increased dramatically the population of the LVAD‐supported patients and the probability of those patients to present to the emergency department with expected and non‐expected device‐related and patient–device interaction complications. The ageing of the LVAD‐supported patients, mainly those supported with the ‘destination therapy’ indication, increases the risk for those patients to suffer from other co‐morbidities common in the older population. In this second part of the trilogy on the management of LVAD‐supported patients for the non‐LVAD specialist healthcare provider, definitions and structured approach to the LVAD‐supported patient presenting to the emergency department with bleeding, neurological event, pump thrombosis, chest pain, syncope, and other events are presented. The very challenging issue of declaring death in an LVAD‐supported patient, as the circulation is artificially preserved by the device despite no other signs of life, is also discussed in detail.

The improvement in left ventricular assist device (LVAD) technology and scarcity of donor hearts have increased dramatically the population of the LVAD‐supported patients and the probability of those patients to present to the emergency department with expected and non‐expected device‐related and patient–device interaction complications. The ageing of the LVAD‐supported patients, mainly those supported with the 'destination therapy' indication, increases the risk for those patients to suffer from other co‐morbidities common in the older population. In this second part of the trilogy on the management of LVAD‐supported patients for the non‐LVAD specialist healthcare provider, definitions and structured approach to the LVAD‐supported patient presenting to the emergency department with bleeding, neurological event, pump thrombosis, chest pain, syncope, and other events are presented. The very challenging issue of declaring death in an LVAD‐supported patient, as the circulation is artificially preserved by the device despite no other signs of life, is also discussed in detail. [ABSTRACT FROM AUTHOR]

Influenced by James Bernat's approach, the US President's 1981 Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioural Research concluded that human death is an instant that separates the dying process from the cadaveric state. Death, as Bernat and the President's Commission argue, cannot be a process. Because organisms cannot be both alive and dead, Bernat claims, the transition from one state to the other must be sudden and instantaneous. Since then, few have argued the opposite notion that death is a process, and that the transition between living and perishing is not a discrete event. In this article we argue that human death is a process that comprises three distinct phases: dying (when the physiological responses against the shutdown of vital organs and systems are in an imminence of breaking down), decease (when events such as respiratory and cardiac arrest indicate the critical failure of vital organs or systems), and decay (the irreversible and accelerated systemic biological process of cellular death that eventually takes over the whole body). We also argue that human death differs from the 'time of death' indicated by death certificates, which is pointed out only to clinically and legally establish the irreversibility of the entire process. [ABSTRACT FROM AUTHOR]

Donation after circulatory death (DCD) is a valuable option for the procurement of organs for transplantation. In Italy, organ procurement after controlled DCD is legally and ethically conceivable within the current legislative framework. However, although formal impediments do not exist, the health care team is faced with many obstacles that may hinder the implementation of such programs. We report the case of Italy's first controlled DCD, specifically discussing the role of the patient's family in the shared decision-making process. In our case, the death of the patient subsequent to the withdrawal of life-sustaining therapies was consistent with the patient's wishes, showing respect for his dignity and honoring his autonomy, as expressed to his family previously. By making donation possible, the medical team was able to fulfill the family's last request on behalf of the patient. This case should stimulate deliberation regarding the potential to shorten the 20-minute no-touch period currently in place in Italy. Such an action would not have injured this patient and would certainly have increased the quality of the procured organs., (Copyright © 2016 Elsevier Inc. All rights reserved.)