The Unified Brain-Based Determination of Death Conceptually Justifies Death Determination in DCDD and NRP Protocols

James L Bernat1

  • 1Dartmouth Geisel School of Medicine.

Insights

Organ donation after circulatory death requires permanent cessation of circulation, while brain death requires irreversible cessation of brain function. A unified approach links these, but remains inconsistent with the Uniform Determination of Death Act.

Area of Science:

  • Medical Ethics
  • Organ Transplantation
  • Neurology

Background:

  • Organ donation protocols differentiate between circulatory determination of death (DCD) and brain determination of death (DBD).
  • Current DCD criteria require permanent cessation of all circulation.
  • DBD criteria mandate irreversible cessation of all brain functions.

Purpose of the Study:

  • To explore the concept of a unified brain-based determination of death for organ donation.
  • To evaluate the compatibility of this unified approach with existing organ donation protocols, specifically thoracoabdominal NRP protocols using ECMO.
  • To assess the alignment of the unified brain-based determination of death with the Uniform Determination of Death Act (UDDA).

Main Methods:

  • Conceptual analysis of the physiological link between circulatory and brain death.
  • Examination of organ perfusion circuits, particularly extracorporeal membrane oxygenation (ECMO), in non-heart-beating donor (NRP) protocols.
  • Comparison of the proposed unified criteria with the legal framework established by the UDDA.

Main Results:

  • Permanent cessation of systemic circulation leads to permanent cessation of brain circulation, perfusion, and function.
  • Excluding brain circulation from ECMO circuits in NRP protocols can satisfy the unified brain-based determination of death, provided complete cessation is verifiable.
  • The unified brain-based determination of death, despite its physiological basis, is currently inconsistent with the UDDA.

Conclusions:

  • The unified brain-based determination of death offers a physiologically coherent framework for organ donation.
  • Verification of complete cessation of brain circulation is crucial for implementing this unified approach in ECMO-assisted NRP protocols.
  • Legislative and legal reform is necessary to reconcile the unified brain-based determination of death with the UDDA for broader application in organ transplantation.