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NOMOCHOMO ago

2.5_ AMA Journal of Ethics Brain Death: At Once "Well Settled" and "Persistently Unresolved" Robert Truog, MD

https://journalofethics.ama-assn.org/article/brain-death-once-well-settled-and-persistently-unresolved/2004-08

Bioethicist Alexander Capron began a recent article on the subject of brain death by noting that "If one subject in health law and bioethics can be said to be at once well settled and persistently unresolved, it is how to determine that death has occurred" [1]. The "well settled" aspect is easy to understand—thousands of deaths are diagnosed daily on the basis of cessation of pulse and respiration. A much smaller number are diagnosed on the basis of neurological criteria—so-called brain death. Brain death requires the patient to be comatose, to have no detectable brainstem reflexes, and to have no neurological drive to breathe, even when high levels of carbon dioxide are allowed to accumulate in the blood (as happens during the required "apnea test"). Following the diagnosis of brain death, patients may be taken to the operating room while their body is still being perfused by a beating heart for recovery of organs like the heart, lungs, and kidneys.

The "persistently unresolved" aspect of death is more subtle, and becomes apparent only on closer inspection of the definition of brain death [2,3]. According to laws in the United States, brain death requires the "irreversible cessation of all functions of the entire brain, including the brain stem" [4]. Currently accepted guidelines for diagnosing brain death examine many, but not all, testable brain functions [5]. Not surprisingly, the closer one looks at brain function, the more one is likely to find. One brain function that is often present

The problem, in sum, is that current testing for brain death focuses on tests that have been selected because they are straightforward and easy to perform at the bedside, rather than focusing on functions that are essential to physiological integrity and that would truly answer the question of whether there is "the complete absence of all functions of the entire brain," as required by law.

Given all of these problems with the concept of brain death, what are possible solutions? The current approach is simply to ignore all of these problems and inconsistencies. Surprisingly, perhaps, this approach has much to recommend it. Our primary strategy for organ procurement and transplantation relies heavily upon the diagnosis of death by neurological criteria. Any serious disruption in the transplantation enterprise could jeopardize opportunities to save the lives of those in need of vital organs. As epitomized in the name of the old game show "Truth or Consequences," sometimes it is better to sacrifice devotion to the truth in order to optimize important consequences

[Reform] would require a complete restructuring of our ethical and legal approach to organ donation. This is unlikely to happen, as long as the "persistently unresolved" issues discussed above remain quietly ignored in relation to the "well settled" aspects of the diagnosis of death and the procurement of transplantable organs.