You are working in Intensive Care when one of the patients (who is on life support having an extremely serious head wound) when you notice the person had filled out a valid organ donor card. At that moment a neurosurgeon declares the individual dead since there has been no brain activity for over 48 hours. You mention the donor card. According to hospital policy, the next of kin had already been contacted and had confirmed their consent to discontinuing life support. A transplant team arrives to type the tissues and remove organs. Among the organs they take is the still beating heart. How can the heart still be beating but the person be legally dead |
The irreversible stoppage of the functioning of body’s vital systems such as cardiovascular system, respiratory system, and the brain is considered as death. In the United States and several other states, brain death is considered as death both legally and clinically. The doctors are obligated to provide respiration only under court order or if the patient is an organ donor (ventilation can be provided until the procedure is completed). Taking the organs from a brain-dead patient is legally and ethically allowed because the person is clinically dead.
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