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Critical Care Med.2003
Sep,31(9):2391-6
Role of brain
death and the dead-donor rule in the ethics of organ
transplantation
Auteur (s) / Author (s)
TRUOG Robert D. (12) ;
ROBINSON Walter M. (1) ;
Affiliation(s) du ou des auteurs /
Author(s) Affiliation(s)
(1) Departments of Anaesthesiology and
Medical Ethics, Harvard Medical School, Cambridge, MA,
ETATS-UNIS
(2) Medical Intensive Care Unit, Children's Hospital,
Boston, MA, ETATS-UNIS
Résumé / Abstract
The dead-donor rule requires patients to be declared dead
before the removal of life-sustaining organs for
transplantation. The concept of brain death was developed,
in part, to allow patients with devastating neurologic
injury to be declared dead before the occurrence of
cardiopulmonary arrest. Brain death is essential to current
practices of organ retrieval because it legitimates organ
removal from bodies that continue to have circulation and
respiration, thereby avoiding ischemic injury to the organs.
The concept of brain death has long been recognized,
however, to be plagued with serious inconsistencies and
contradictions. Indeed, the concept fails to correspond to
any coherent biological or philosophical understanding of
death. We review the evidence and arguments that expose
these problems and present an alternative ethical framework
to guide the procurement of transplantable organs. This
alternative is based not on brain death and the dead-donor
rule, but on the ethical principles of nonmaleficence (the
duty not to harm, or primum non nocere) and respect for
persons. We propose that individuals who desire to donate
their organs and who are either neurologically devastated or
imminently dying should be allowed to donate their organs,
without first being declared dead. Advantages of this
approach are that (unlike the dead-donor rule) it focuses on
the most salient ethical issues at stake, and (unlike the
concept of brain death) it avoids conceptual confusion and
inconsistencies. Finally, we point out parallel
developments, both domestically and abroad, that reflect
both implicit and explicit support for our proposal
__________________________________________________________
Intensive Care Med.2004 Sep,30(9):1715-22.
Irreversible
apnoeic coma 35 years later Towards a more rigorous
definition of brain death?
Nereo Zamperetti1 , Rinaldo Bellomo2, Carlo Alberto Defanti3
and Nicola Latronico4
(1) |
Department of Anaesthesia and
Intensive Care Medicine, San Bortolo Hospital,
Via Rodolfi 37, 36100 Vicenza, Italy |
(2) |
Department of Intensive Care,
Austin & Repatriation Medical Center,
Heidelberg, Melbourne, Victoria, Australia |
(3) |
Department of Neurology, Niguarda
Ca
Granda Hospital, Piazza Ospedale Maggiore 3,
20162 , Milan, Italy |
(4) |
Secondo Servizio di Anestesia e
Rianimazione, University of Brescia, Piazzale
Spedali Civili 1, 25123 , Brescia, Italy |
Abstract The concept of brain death (BD) has been widely
accepted by medical and lay communities in the Western world
and is the basis of policies of organ retrieval for
transplantation from brain-dead donors. Nevertheless,
concerns still exist over various aspects of the clinical
condition it refers to. They include the utilitarian origin
of the concept, the substantial international variation in
BD definitions and criteria, the equivalence between BD and
the donors
biological death, the practice of retrieving organs from
donors who are not brain-dead (as in non-heart-beating organ
donor protocols), the proposal to abandon the dead donor
rule and attempts to overcome these problems by adapting
rules and definitions. Suggesting that BD, as it was
originally proposed by the Harvard Committee, is more a
moral than a scientific concept, we argue that current
criteria do not empirically justify the definition of BD;
yet they consistently identify a clinical condition in which
organ retrieval can be morally and socially justified. We
propose to revert to the old term of irreversible
coma
or, better yet, of irreversible
apnoeic coma,
thus abandoning the presumption of diagnosing the death of
all intracranial neurons and/or the patients
biological death. On the other hand, we think that a
(re)definition of the vital status of donors identified on
neurological criteria can only occur through a prior
(re)definition of death, a task which is not only medical
but societal.
__________________________________________________________
Promoting
thoughtful, balanced reflection on the ethical
and social issues of medicine and medical
science |
|
Hastings Cent Rep.1997
Jan-Feb,27(1):29-37
Robert D. Truog
Is It Time to
Abandon Brain Death?
The Hastings Center Report
Despite its familiarity and widespread acceptance, the
concept of "brain death" remains incoherent in theory and
confused in practice. Moreover, the only purpose served by
the concept is to facilitate the procurement of
transplantable organs. By abandoning the concept of brain
death and adopting different criteria for organ procurement,
we may be able to increase both the supply of transplantable
organs and clarity in our understanding of death.
Over the past several decades, the concept of brain death
has become well entrenched within the practice of medicine.
At a practical level, this concept has been successful in
delineating widely accepted ethical and legal boundaries for
the procurement of vital organs for transplantation. Despite
this success, however, there have been persistent concerns
over whether the concept is theoretically coherent and
internally consistent.[1]
Indeed, some have concluded that
the concept is fundamentally flawed, and that it represents
only a "superficial and fragile consensus.
[2] In this
analysis I will identify the sources of these
inconsistencies, and suggest that the
best resolution to
these issues may be to abandon the concept of brain death
altogether
__________________________________________________________
Seminars in
Neurology
Semin Neurol.
1997,17(3):265-70
Reexamining the
definition and criteria of death.
Taylor RM
Department of Neurology, Ohio State University, Columbus
43210, USA.
The whole-brain criterion of death was first formally
proposed by the "Ad Hoc Committee of the Harvard Medical
School to Examine the Definition of Brain Death" in a
"Special Communication" published in JAMA in 1968. Since
then, all states in the United States and many western
countries have endorsed this definition of death. The
strongest defense of the concept of "brain death" was
provided by Bernat, Culver, and Gert in a series of papers
published in the early 1980s, emphasizing the important
distinctions between the definition and the criteria of
death and the tests for death. Careful analysis, however,
demonstrates that brain-related criteria of death are
inconsistent with traditional concepts of death. Thus,
although death is properly understood as a biological
phenomenon, "brain death" is a social construct created for
utilitarian purposes, primarily to permit organ
transplantation. The best definition of death is "the event
that separates the process of dying from the process of
disintegration" and the proper criterion of death in human
beings is "the permanent cessation of the circulation of
blood." Nevertheless, because brain-related criteria of
death have been widely accepted, and because our society has
demonstrated a strong commitment to organ transplantation,
abandoning the concept of brain death would create serious
political problems. Abandoning the "dead donor rule" would
solve the problem of obtaining organs for transplantation,
but would create different, equally serious, political
problems. Preserving the concept of brain death as a social
construct, as a "legal definition of death," but distinct
from biological death, is also problematic, but may be our
most acceptable alternative
__________________________________________________________
JOURNAL OF
CRITICAL CARE
Crit Care.2005,9(6):538-42
Pro/con ethics debate:
When is dead really dead?
Leslie Whetstine1, Stephen Streat2, Mike Darwin3 and David
Crippen4
-
Health Care Ethics Center, Duquesne University, 600
Forbes Avenue, Pittsburgh, PA 15282, USA
-
Department of Critical Care Medicine, Auckland Hospital,
Private Bag 92-024, Auckland, New Zealand
-
Independent Critical Care Consultant, PO Box 1175, Ash
Fork Arizona 86320, USA
-
Department of Critical Care Medicine, University of
Pittsburgh Medical Center, 644a Scaife Hall, 3550
Terrace Ave, Pittsburgh, PA 15261
Abstract
Contemporary intensive care unit (ICU) medicine has
complicated the issue of what constitutes death in a life
support environment.
Not only is the distinction between sapient life and
prolongation ofvital signs blurred but the concept of death
itself has been mademore complex.
The demand for organs to
facilitate transplantation promotes a strong incentive to
define clinical death in a manner that most effectively
supplies that demand. We consider the problem of defining
death in the ICU as a function of viable organ availability
for transplantation
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