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Brain Death Testing: Time for National Uniformity
Thaddeus Mason Pope

It is time to revise the Uniform Determination of Death Act (UDDA) to assure a consistent nationwide approach to consent for brain death testing. Only two of 56 U.S. jurisdictions address the question in statute or regulation. Unfortunately, leaving this issue up to clinicians and the courts has led to considerable confusion and variability. We can tolerate this no longer. Certainty and clarity...

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Target Article

Legal and Ethical Considerations for Requiring Consent for Apnea Testing in Brain Death Determination
Ivor Berkowitz & Jeremy R. Garrett

The past decade has witnessed escalating legal and ethical challenges to the diagnosis of death by neurologic criteria (DNC). 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 ...

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Patient and Family Descriptions of Ethical Concerns
Hae Lin Cho, Christine Grady, Anita Tarzian, Gail Povar, Jed Mangal & Marion Danis

Ethically challenging situations routinely arise in the course of illness and healthcare. However, very few studies have surveyed patients and family members about their experiences with ethically challenging situations. To address this gap in the literature, we surveyed patients and family members at three hospitals. We conducted a content analysis of their responses to open-ended questions about...

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