In The Legal Fiction of "Brain Death" I left the original to be read without any comment from me. The whole organ procurement system has been frought with abuse. Unfortunately I don't know what can be done about. The whole notion of "brain death" was, in my opinion, created to keep viable organs functioning while anything resembling a vital life is gone.
Having said that, I think the phrase is as abused as "persistant vegetative state" (which is misdiagnosed 41% of the time.) I also think there is a danger in assuming that every doctor that uses the terminology is lying. Not all doctors are euthanists, though those who are not are becoming a rarer breed.While it is true we must be wary of the benevolent venirs that the thanatocrats put on things, let us not presume the doctor we may have trusted for most of our adult lives are looking for excuses to off us.