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Ethical Issues in Critical Care 89

             coma,  absent  motor  response,  and  absent  brainstem   even  longer:  for  example,  in  the  case  of  a  pregnant
             reflexes. Apnoea testing, using a PCO 2  target, was recom-  woman, so that the fetus can reach viable independent
             mended in 59% of the surveyed countries. This reflected   existence.
             uniform agreement on the neurologic examination with   Donation  of  organs  and  tissues  after  death  takes  place
             the exception of the apnoea test, however, it found other   within a legal context. All states and territories of Austra-
             major differences in the procedures for diagnosing brain   lia, and New Zealand, provide a legislative basis for the
                                                             65
             death  in  adults  and  recommended  standardisation.    removal of organs and tissues after death for the purpose
             Organ donation provides the only hope for some patients   of transplantation. In most of these jurisdictions, but not
             awaiting a new heart, lung or liver. It also improves the   Western  Australia  or  New  Zealand,  death  is  defined
             quality of life for patients on dialysis, and it restores sight   in law.
             to injured or blind patients. For an organ to be donated
             in Australia or New Zealand, the process involves certifi-  The Australian and New Zealand Human Tissue Acts pro-
             cation  of  death,  lack  of  objection  from  the  deceased/  hibit trading in human organs or tissue. There are many
             senior  available  next-of-kin,  consent  of  the  coroner  (if   countries  including  Australia  and  New  Zealand  that
             applicable), and permission of the designated officer of   believes that:
             the hospital (see Chapter 27). Certification of brain death
             is pivotal and inextricably linked to the organ donation   ●  no  person,  organisation  or  company  should  profit
             and transplant process, as it allows the retrieval of well-  financially from organ or tissue donation
             perfused  organs  in  good  condition  from  patients  who   ●  neither the estate of an organ or tissue donor nor his
             have  already  been  certified  dead  (namely  the  ‘beating-  or her family should incur any cost from the processes
             heart donor’). Diagnosis of brain death must be unequiv-  that occur to facilitate organ and tissue donation.
             ocal, thorough and transparent, so that it is regarded by
             family  and  healthcare  team  as  an  absolute  diagnosis   Transplantation is an important part of modern medicine
             without question. 66                                 and,  in  some  cases,  the  only  treatment  for  a  range  of
                                                                  conditions.
             Death  requires  documentation  from  a  legal  and  social
             position, although advances in modern technology have   Important  medical  innovations  have  transformed  the
             blurred the distinction between life and death. The pro-  outcomes for patients and aided the work of doctors. For
             gression to development of specific brain death criteria   example, clinical and critical care procedures have been
             was to ensure unequivocal concordance in its diagnosis.   improved and better anti-rejection drugs introduced. In
             Brain death is established by documentation of irrevers-  the UK, the NHS Organ Donation Report 2008–09 reports
             ible  coma,  loss  of  brainstem  reflexes  and  respiratory   that  while  90%  of  the  UK  population  says  that  they
             centre function, or by the demonstration of cessation of   support organ donation, only 27% have joined the NHS
             intracranial blood flow (see Chapter 27).            Organ Donor Register.
             ANZICS recommends that death be determined to have   People  who  donate  following  brain  death  remain  the
             occurred when all of the following features are present:  ‘gold  standard’  for  organ  donation.  They  are  the  only
                                                                  source of viable hearts after death and are able to provide
             ●  immobility                                        much  better  livers  for  transplantation.  Notably,  the
             ●  apnoea                                            increase in donation after cardiac death (DCD) is helping
             ●  absent skin perfusion                             to  increase  the  numbers  of  kidneys  available  for  trans-
             ●  absence of circulation as evidenced by absent arterial   plantation substantially. However, the limitations of this
                pulsatility  for  a  minimum  of  two  minutes,  as  mea-  potential donor source need to be recognised alongside
                sured by feeling the pulse or, preferably, by monitor-  the  complexities  and  sensitivities  of  the  process.  In
                ing the intra-arterial pressure.                  Australia  a  national  DCD  Protocol,  led  by  the
             When all of these criteria have been met, the patient is   National  Health  and  Medical  Research  Council,  has
                                                                                66
             determined to be dead and therefore organ removal may   been progressed.
             proceed. 62                                          There  are  four  guidelines  developed  by  the  National
                                                                  Health and Medical Research Council (NHMRC) of Aus-
             ORGAN DONATION                                       tralia that are useful resources for critical care clinicians
                                                                  to consider:
             According to ANZICS, dying is a process rather than an
             event.   The  determination  and  certification  of  death   1.  Organ and Tissue Donation by Living Donors: Guide-
                  62
             indicate that an irrevocable point in the dying process has   lines  for  Ethical  Practice  for  Health  Professionals:
             been reached, not that the process has ended. Determina-  outlines  ethical  practice  for  health  professionals
             tion of death by any means does not guarantee that all    involved in living organ and tissue donation and
             bodily  functions  and  cellular  activity,  including  that  of   provides guidance on how these principles can be
             brain cells, have ceased. Several tissues can be retrieved   put into practice. 67
             for transplantation long after death has been determined   2.  Living  Organ  and  Tissue  Donation:  Guidelines  for
             by cessation of circulation. Similarly, after death has been   Ethical Practice for Health Professionals: aims to help
             determined by loss of whole brain function, the circula-  people  think  through  some  ethical  issues  and
             tion can be maintained for hours or days to enable organs   make  decisions  about  living  organ  and  tissue
             to be retrieved. Maintaining the circulation can continue   donation. 68
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