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Published on: April 17, 2020
Medicolegal Complications of Apnoea Testing for Determination of Brain Death
1Departments of Neurology and Neurosurgery, NYU Langone Medical Center, 530 First Avenue, HCC-5A, New York, NY, 10016, USA. ariane.kansas.lewis@gmail.com.
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.
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