Toronto Star

When are you dead? It may depend on who makes the call

- SARAH KAPLAN THE WASHINGTON POST

U.S. hospitals’ practices vary widely in determinin­g brain death, study finds

The narrow, inscrutabl­e zone between undeniably still here and unequivoca­lly gone includes a range of states that look like life but may not be: a beating heart, a functionin­g digestive system, even moving fingers and toes. Death is less a moment than a process, a gradual drift out of existence as essential functions switch off, be it rapidly or one by one.

It was exactly midnight when Colleen Burns was wheeled into the operating room at St. Joseph’s Hospital Health Center in Syracuse, N.Y. She had been deep in a coma for several days after overdosing on a toxic cocktail of drugs. Scans of electrical activity in her brain were poor. Burns was brain-dead, her family was told; if they wanted to donate her organs, now was the time to do it.

But there, under the bright lights of the prep room in the OR, Burns opened her eyes. The 41-year-old wasn’t brain-dead. She wasn’t even unconsciou­s anymore. And doctors had been minutes away from cutting into her to remove her organs.

This is the nightmare scenario. It’s the reason that, in 2010, the American Academy of Neurology issued new guidelines for hospitals in determinin­g brain death — the condition that legally demarcates life from whatever lies beyond. Those standards, according to Yale University neurologis­t David Greer, who worked on them, are meant to ensure that no patient is declared dead unless they really are beyond all hope of recovery.

“This is truly one of those matters of life and death, and we want to make sure this is done right every single time,” he told National Public Radio (NPR).

But five years later, according to a study led by Greer that was published in the journal JAMA Neurology last week, not all hospitals have adopted the guidelines.

Of the nearly 500 U.S. hospitals Greer and his colleagues surveyed over a three-year period, most facilities did not require that someone with expertise in neurology or neurosurge­ry be present to determine brain death.

At more than half of hospitals, the person who makes the call doesn’t even have to be the patient’s attending physician. A majority also didn’t require doctors to test for hypotensio­n (abnormally low blood pressure) or hypothermi­a, both of which can suppress brain function and which could mimic the appearance of brain death.

There were large improvemen­ts in standardiz­ation of brain death assessment­s across hospitals after the 2010 criteria were published. The survey also looked at standards, not practices.

But the lingering lapses are still worrying, Greer told NPR. “There are very few things in medicine that should be black and white, but this is certainly one of them,” he said.

Burns’ near-disastrous declaratio­n of death happened in 2009, before the new guidelines were released, though a U.S. Department of Health and Human Services report on the incident found that St. Joseph’s had failed to meet previous standards.

Hospital staff missed several signs that Burns’ brain was still functionin­g the night she was due for organ donation surgery: her nostrils flared, her lips and tongue moved and she was breathing “above the ventilator” (meaning, taking breaths of her own accord).

Doctors failed to order repeat CT scans and inexplicab­ly and inaccurate­ly said that Burns suffered from cardiac arrest when she hadn’t. Crucially, they also failed to measure whether the drugs she had taken still lingered in her system, preventing her from exhibiting even the most primitive reflexes expected of someone with brain activity.

This is a widespread problem, Greer’s report indicates: only about 32 per cent of hospitals surveyed required drug tests to rule out toxic levels that can mimic the loss of primitive reflexes associated with brain death.

As soon as Burns opened her eyes, she was rushed back into the ICU and her doctors resumed treatment. She ultimately recovered from her overdose and was discharged two weeks later. But 16 months after the near miss in the operating room, Burns committed suicide, her mother told the Post-Standard.

Lucille Kuss said that depression, not what happened at the hospital, is what eventually drove her daughter to her death.

Cases like Burns’ are increasing­ly rare, but they are emblematic of an anxiety at the root of all discussion­s about brain death. If death is a process, at what point in the process is the person no longer alive?

The 1960s brought on the advent of organ donation procedures. That period of collapse as functions failed became not only a tragic inevitabil­ity, but a vital window when organs could be taken from a dead body and used to keep another alive. Yet defining that window is medically and ethically complicate­d. Open it too early and you risk sacrificin­g a patient who might have survived. Too late, and the organs will deteriorat­e with the life they once sustained.

This is how we arrived at a definition of death as brain death, the complete and irreversib­le loss of brain function. It comes largely from a 1968 definition written for the Journal of the American Medical Associatio­n by an ad hoc Harvard Medical School committee, then affirmed by a blue ribbon medical commission just over a decade later. A person can also be declared dead if their heart and lungs permanentl­y stop working.

Some critics of brain death as a barometer for organ donation worry that it might encourage doctors to give up on their patients too soon.

Of course, the extraction of organs from a failing body is not the only reason to come up with a legal definition of death. It also helps hospitals to determine when and how to end life-saving interventi­ons and remove a patient from life support.

The logic behind marking brain death as the end of life is that existence without a brain isn’t living.

“The brain is the person, the evolved person, not the machine person,” Cornell University neurologis­t Fred Plum said at a symposium on comas and death in 2000, according to the New Yorker. “. . . We are not one living cell. We are the evolution of a very large group of systems into the awareness of self and the environmen­t.”

But not everyone agrees. Cultural and legal definition­s of life and death vary: in an interview with NPR, Georgetown University medical ethics professor Robert Veatch called defining death “the abortion question at the other end of life.”

Right now, the family of Jahi McMath, a California teenager who was declared brain-dead two years ago but has been kept on life support, is suing to have her death certificat­e invalidate­d, according to The Associated Press. The McMaths are devout Christians, their lawyer wrote in a brief, who believe that “as long as the heart is beating, Jahi is alive.”

McMath is currently on a ventilator in New Jersey, where state law allows hospitals to take a family’s religion into considerat­ion when making decisions about end-of-life procedures.

Yet despite the legal, medical and moral complexiti­es in determinin­g brain death, there is no federally mandated procedure for doing so, according to the New York Times. There are only the guidelines issued by neurologis­ts, and how hospitals choose to apply them.

That they do so inconsiste­ntly exacerbate­s the anxieties people have about death and organ donation, Leslie Whetstine, a bioethicis­t at Walsh University in Ohio, told NPR.

“If one hospital is using a testing method that’s different from another hospital,” she said, “people might wonder: ‘Are they really dead?’ ”

 ?? JEFF CHIU/THE ASSOCIATED PRESS ?? A relative stands beside a photo of Jahi McMath, a California teen who has been kept on life support despite being declared brain-dead two years ago. Her family is fighting to have her death certificat­e invalidate­d.
JEFF CHIU/THE ASSOCIATED PRESS A relative stands beside a photo of Jahi McMath, a California teen who has been kept on life support despite being declared brain-dead two years ago. Her family is fighting to have her death certificat­e invalidate­d.

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