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  1. Family Members’ Requests to Extend Physiologic Support after Declaration of Brain Death: A Case Series Analysis and Proposed Guidelines for Clinical Management.Patricia A. Mayer, Martin L. Smith & Anne Lederman Flamm - 2014 - Journal of Clinical Ethics 25 (3):222-237.
    We describe and analyze 13 cases handled by our ethics consultation service (ECS) in which families requested continuation of physiological support for loved ones after death by neurological criteria (DNC) had been declared. These ethics consultations took place between 2005 and 2013. Patients’ ages ranged from 14 to 85. Continued mechanical ventilation was the focal intervention sought by all families. The ECS’s advice and recommendations generally promoted “reasonable accommodation” of the requests, balancing compassion for grieving families with other ethical and (...)
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  • Medicolegal Complications of Apnoea Testing for Determination of Brain Death.Ariane Lewis & David Greer - 2018 - Journal of Bioethical Inquiry 15 (3):417-428.
    Recently, there have been a number of lawsuits in the United States in which families objected to performance of apnoea testing for determination of brain death. The courts reached conflicting determinations in these cases. We discuss the medicolegal complications associated with apnoea testing that are highlighted by these cases and our position that the decision to perform apnoea testing should be made by clinicians, not families, judges, or juries.
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  • Legal and Ethical Considerations for Requiring Consent for Apnea Testing in Brain Death Determination.Ivor Berkowitz & Jeremy R. Garrett - 2020 - American Journal of Bioethics 20 (6):4-16.
    The past decade has witnessed escalating legal and ethical challenges to the diagnosis of death by neurologic criteria. The legal tactic of demanding consent for the apnea test, if successful, can halt the DNC. However, US law is currently unsettled and inconsistent in this matter. Consent has been required in several trial cases in Montana and Kansas but not in Virginia and Nevada. In this paper, we analyze and evaluate the legal and ethical bases for requiring consent before apnea testing (...)
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