Dead donor rule and brain death

Question

1. I would like to address what is commonly called the ''dead donor rule'' which is organs/tissue that can only be removed after death, and donation must not cause death. All Australian States reflected that in similar legislation using the name Human Tissue Act. The fundamental definition of death is: i. Irreversible cessation of all function of the brain (neurological determination of death, aka brain death); or ii. Irreversible cessation of circulation of blood in the body (circulatory determination of death). Q: Can you explain how circulatory death is determined, what is the test and who carries it out please? 2. Can you explain what brain death is, what is the test and who carries it out? 3. Is it possible in principle for certain stupefying or CNS-depressant drugs to mimic key features of brain death such as profound coma, absent brainstem reflexes, and apnea. And could this lead to a false-positive clinical diagnosis if not properly excluded. 4. There is a protocol called the ANZICS and Australian Safeguards (Preconditions for NDD) which is designed to prevent this eventuality - can you explain what that protocol is please? 5. Who polices the protocol - what would stop a harvesting team only waiting two minutes instead of 5 for instance? 6. Is there any organ which becomes unviable after a 5-minute delay that would be viable after a shorter delay? 7. If an organ harvest was not done according to protocol, what checks and balances are in place to review the event? 8. Is there any other circumstance that could result in the donor waking, feeling or otherwise being aware of the procedure?

Answer

Please see attached answer.

Documents

• Question with answer (PDF) (opens in a new tab)
• OTA SQ26-002836.pdf (opens in a new tab)