Ohio § 2108.40 Definition of death

Ohio Statutes

§ 2108.40 — Definition of death

Ohio § 2108.40

Title 21Courts-Probate-Juvenile

Ch. 2108Human Bodies Or Parts Thereof

This text of Ohio § 2108.40 (Definition of death) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2108.40 (2026).

Text

An individual is dead if the  individual has sustained either irreversible cessation of  circulatory and  respiratory functions or irreversible cessation of  all functions  of the brain, including the brain stem, as  determined in  accordance with accepted medical standards. If the  respiratory  and circulatory functions of a person are being  artificially  sustained, under accepted medical standards a  determination that  death has occurred is made by a physician by  observing and  conducting a test to determine that the irreversible  cessation of  all functions of the brain has occurred.

A physician who makes a determination of death in accordance  with this section and accepted medical standards is not liable for  damages in any civil action or subject to prosecution in any  criminal p

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An individual is dead if the individual has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the brain, including the brain stem, as determined in accordance with accepted medical standards. If the respiratory and circulatory functions of a person are being artificially sustained, under accepted medical standards a determination that death has occurred is made by a physician by observing and conducting a test to determine that the irreversible cessation of all functions of the brain has occurred.

A physician who makes a determination of death in accordance with this section and accepted medical standards is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for the physician's acts or the acts of others based on that determination.

Any person who acts in good faith in reliance on a determination of death made by a physician in accordance with this section and accepted medical standards is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for the person's actions.