You Only Die Once and You Do Not Die When Your Heart Stops - Benjamin Schreiber

In this famous scene from Sesame Street, the characters explain to Big Bird that "when people die, they don't come back." This seems simple enough.

Nevertheless, people commonly refer to cardiac arrest as "death." This is wrong. Death requires more than the cessation of circulatory and respiratory functions. It requires the "irreversible" cessation of circulatory and respiratory functions.

This common error was recently colorfully illustrated by Benjamin Schreiber, an Iowa inmate. Schreiber claimed that he served his "life" sentence when he "died" during surgery. He asserts that he “died” on March 30, 2015 and as a result of such “death” he has now served the life sentence and should be released from custody.

Both the District Court and the Iowa Court of Appeals rightly denied the claim. "Schreiber is either alive, in which case he must remain in prison, or he is dead, in which case this appeal is moot."

On the other hand, Screiber was resuscitated despite his DNR order. He may have a civil claim for damages against the hospital and its clinicians.