Disputes in the Declaration of Brain Death: A Case Illustration

Abstract

Death by neurologic criteria is a legal definition upheld in all 50 states in the United States. Confusion among the public may cause the declaration of death to be disputed and the removal of physiologic support delayed. In this report, a case is described of an infant who died from traumatic brain injury, but whose removal from respiratory and cardiovascular support was delayed due to a legal injunction brought forth from his family against the hospital. In addition, ethical issues faced by the health care team are discussed surrounding continuing medical therapies for a patient after the declaration of death.