Nebraska Revised Statutes

Neb. Rev. Stat. § 71-7202 (2026)

Determination of death

✓ current as of July 2026

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Only an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1997–2023 · leading case: State v. Edwards, 767 N.W.2d 784 (Neb. 2009).

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State v. Edwards, 767 N.W.2d 784 (Neb. 2009). · cites it 4× “[33] Edwards' proposed instruction was based on the UDDA and quoted § 71-7202 verbatim. So, there is little question that it was a correct statement of the law, at least in the abstract.”

In Re Interest of Tabatha R., 564 N.W.2d 598 (Neb. 1997). · cites it 4× “Nevertheless, we find that the presence of the independent heartbeat and the existence of some brain stem activity mean that the infant is alive, for only one who has sustained either "irreversible cessation of circulatory and respiratory functions, or .”

State v. Moon., 524 P.3d 1219 (Haw. 2023). “Neb. Rev. Stat. § 71-7202 (1992). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** We likewise hold that HRS § 327C-1 applies only in certain criminal cases that involve “death determinations.”

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