Ohio § 2108.40
Full text of Ohio Ohio Revised Code § 2108.40, with citation guidance and answers to common questions.
§ 2108.40.
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.
Frequently Asked Questions About Ohio § 2108.40
What does Ohio Revised Code § 2108.40 cover?
Section 2108.40 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2108.40?
A common citation format is "Ohio Revised Code § 2108.40" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2108.40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.