Since it was proposed in 1980, the Uniform Determination of Death Act has provided the legal basis for determination of death by neurological criteria. The act contains language that allows for acceptable medical standards to be used to determine death. Since 1995, the American Academy of Neurology has provided guidelines for brain death determination (revised in 2010), but nationwide adherence to these guidelines has been incomplete. This variability could lead to misdiagnosis and erosion of public trust in this important medical practice. Physicians must work together as a profession to push for uniformity and accuracy in death diagnosis.
Defining Brain DeathAlthough the concept of death is as old as life itself, the concept of brain death is a relatively young one. Only in the mid-20th century did technology advance to the point of allowing for organ support in the event that brain function ceased. With the advent of mechanical ventilation, artificial nutrition, and the modern intensive care unit, patients who suffered an irreversible intracranial catastrophe could continue to have their other organs supported and maintained. In 1968, a committee of physicians from Harvard Medical School published a report titled "A Definition of Irreversible Coma." 1 In 1980, the Uniform Determination of Death Act (UDDA) was proposed in order to establish a legal and uniform definition of death-determined by "acceptable medical standards"that was "clear and socially accepted," with the intention of its being adopted in every US jurisdiction. 2,3 This model statute provided the legal basis for death by neurological criteria, stating that an individual could now be determined to be dead if they had sustained "irreversible cessation of all functions of the entire brain, including the brain stem." 2 What "acceptable medical standards" meant was left to be determined by the medical community, leading to the creation of societal guidelines in subsequent years.Following the Harvard report and the UDDA, in 1995, the American Academy of Neurology (AAN) provided consensus practice parameters for the determination of death by neurological criteria in adults. 4 These guidelines stated that brain death has occurred when "the irreversible loss of function of the brain, including the brain stem," has been determined by the demonstration of complete loss of consciousness (coma), brain stem