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Medicolegal Complications of Apnoea Testing for Determination of Brain Death

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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… Click to show full abstract

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.

Keywords: determination brain; apnoea testing; brain death; medicolegal complications; testing determination

Journal Title: Journal of Bioethical Inquiry
Year Published: 2018

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