PART II
The Dying
are not yet Dead
However,
even if the tests could infallibly forecast death in the
commonly-understood sense of the term within a few hours or days,
would it be right (or logical) to hold that the patient satisfying
these criteria is - to all intents and purposes maybe - already
dead? I maintain that it is not correct, or proper, to confuse this
state in which he is doomed to die soon - however certain that may be
- with death itself. To my mind, a comatose patient without brain
stem reflexes and dependent upon a mechanical ventilator is still a
living human being; as such he is deserving of our every care,
without intrusion of any third party interest, right up to the time
when his circulation finally ceases and he can be truthfully
described as a cadaver.
I continue
to maintain this view despite its being dismissed, by the
transplanters, as reactionary and akin to the stance of members of
the Flat Earth Society The implication is, I suppose, that it is
somehow improper to examine too closely the fundamental concept and
science involved in this novel re-definition of death because it has
made possible such wonderful surgical advances. In other words, the
spectacular achievements are held to justify the means - which (they
appear to suggest) are therefore best left decently veiled. I think
that a very dangerous philosophy. And having said so, I also have to
say that I am far from convinced that transplantation of these vital
organs really does constitute a lasting therapeutic advance. There
is, in fact, no scientific evidence that - taking all relevant
factors into account - these transplant procedures do more good than
harm. As a perceptive colleague remarked, cardiac transplantation
probably increases rather than decreases the sum of human misery. But
the over-statement of the benefits, the impossibility of knowing the
natural prognosis, and the many other clinical and logistic
difficulties are - like the prospects for alternative ethical
treatment strategies - another part of the story.
Correcting
a Misleadingly Rosy Impression
Had the
public been fully and frankly informed on all the relevant aspects,
it might not have been persuaded that it wants transplantation at
almost any cost. That it has been so persuaded - as I am frequently
assured it has - offers ample testimony to the power of the media in
forming public opinion. My hope is that the many sincere and highly
talented people involved in journalism and broadcasting will, now
that they are beginning to understand the facts of the matter, wish
to use that same power to correct the misleadingly rosy impression of
this really rather macabre activity which they may hitherto have
helped to propagate. But their task will be far from easy, given that
Society seems now to demand of Medicine that it shall provide an
answer to Man's mortality.
To return to
the fundamental issue, I must record my surprise and disappointment
that theologians, philosophers and lawyers appear to have accepted
the propriety of certifying and treating as dead, a patient on a
ventilator who - though almost certainly doomed to die soon - still
has his own natural blood circulation and other bodily and brain
functions at the time. Some of them, apparently, see no essential
difference between this late stage in the dying process and death
itself; once the tests have pointed to a fatal outcome, he is "as
good as dead," they say, and can be dealt with accordingly -
though few, I imagine, would bury or cremate a man with a beating
heart.....
Others,
including members of the judiciary I'm told, do understand the
factual difference between the dying state called "brain stem
death" and true death but do not think it matters in practice.
The useful life of the patient on the ventilator is clearly over,
they say, so why should his organs not be removed while there is
still life in him if this is necessary for them to be of use to
others? The fact that the donor has to be certified "dead "
- by some doctors using arbitrary criteria which many or most doctors
would not deem sufficient for the purpose - has to be accepted as a
necessary preliminary to the surgery (to avoid the obvious legal and
ethical difficulties). The rights and wrongs of such certification
are, they say, beyond their understanding and a matter for "the
medical profession."
There is, in
the U.K., no legal definition of death and so, where the Law is
concerned, a person is dead when a doctor certifies him "dead."
By this means, the legal profession sidesteps the fundamental issue.
But what would happen, I wonder, if one or more doctors certified a
person dead and others (like me and many more) were willing to
testify that he was still a living human being, and certainly not a
corpse, when he was being operated upon for the removal of his vital
organs? Or if the precise time and date of death mattered very much
in the settlement of a civil action and one doctor said the deceased
was dead at the time when the " brain stem death" criteria
were sought and satisfied while another said he was not dead at that
time and did not actually die until his heart was removed some hours
or days later?
PART III
Where
might it Lead ?
Such legal
niceties apart, it seems to me that it is important not to allow
confusion of "dying" with "dead" simply to avoid
facing up to the ethical problems, e.g. allegations of active
euthanasia, which beset even today's secular, utilitarian society.
The "slippery slope" argument seems to me to have some
force in this context. If utterly helpless young people being kept
alive by mechanical ventilators today, whom will it be deemed
appropriate to use as sources of organs and for experimental purposes
tomorrow? Newborn babies with little or no forebrain (anencephalics)
but who cannot, by any stretch of the imagination, be regarded as
"brain stem dead " have already been used thus ....
It occurs to
me that those theologians and others who have accepted the notion
that "brain stem death = death" may have been misled, for
this is the stated basis for the move, in 1979, by those satisfied
there is no function remaining anywhere in the brain and no
possibility of any such function ever returning, whatever may
subsequently be done. It would not be surprising if they had been so
misled for this is the stated basis for the move, in 1979, by the
Conference of the Medical Royal Colleges of the U.K. from use of
the"brain stem death" criteria as a justification for
turning off the mechanical ventilator (so that natural death might be
allowed to occur) to their use as a basis for the certification of
death itself. This change of use was clearly prompted by the
perceived need to provide hearts and livers in a state suitable for
transplantation; it served no other purpose, there being no need to
certify death before discontinuing life-support solely in the
interests of the patient (and his near and dear).
It was to
provide a consensus basis for that most onerous decision,i.e.
to terminate what was clearly otiose and unkind therapy, that
so-called "brain stem death" criteria were promulgated by
the Conference in 1976. The criteria were a distillation of those we
had been using informally for some years and in which we had
developed confidence with regard to their ability to forecast death
within a short time of their fulfilment. I did not object to their
propagation for that stated purpose for it seemed to me that their
general adoption would make such decisions more comfortable,
particularly for those faced with the problem only occasionally.
However, in retrospect, I should perhaps have been suspicious that
the stated purpose (in 1976) was not the only purpose even then
envisaged because the Memorandum publishing the criteria acknowledged
the involvement of the Transplant Advisory Panel .....
Policy
Confuses Prognosis and Diagnosis
Be that as
it may, Conference - the policy-making body to which the D.H.S.S.
appeals for advice - simply decided, in 1979, that the sesame
criteria which we had been using for purely prognostic purposes
should henceforth be used, without modification, for the diagnosis
(and certification) of death itself, i.e. while the
'circulation and other vital functions continued naturally. The
justification offered for this enormous leap was that by the time
these criteria were satisfied "all functions of the brain have
permanently and irreversibly ceased." The redundant terms are
interesting, and may betray lack of confidence in their momentous
edict. To almost anyone of a truly scientific disposition, and
particularly to those with experience of the biological sciences,
such a claim must have seemed at the very least incautious and -
given that the criteria do not require that the greater part of the
brain be tested at all - perhaps frankly ludicrous. But to understand
the full absurdity of this claim, some knowledge of the tests used to
diagnose "brain death" is necessary and I will therefore
attempt to outline those in use for the purpose in this country.
It is, of
course, a requirement that the patient be deeply comatose (though
grades of unconsciousness are, in point of fact, quite difficult to
determine) and unable to breathe spontaneously, i.e. air is
being delivered to his lungs by a mechanical ventilator. It is worth
mentioning that this is the only function of this so-called
"life-support machine"; it does not take over the
circulatory function, as a lot of people seem to think. The blood
flow through the body and parts of the brain, in such a patient, is
maintained naturally by the beating heart.
It is a
requirement that the cause of coma and ventilator dependence be
known; common causes are severe head injury and bleeding into the
brain but in some cases the brain damage is due to a period of anoxia
and its extent may then be less easy to determine. When,after a few
hours or several days, it seems likely that a (fatal outcome will
inevitably ensue, some of the reflexes with pathways through the
brain stem - the stalk that connects the major part of the brain (the
cerebral hemispheres) to the spinal cord - re tested. This involves
looking for eye responses to light and to touch, and to the indirect
stimulation provided by irrigating the ears with ice-cold saline.
There?must be no movements in the head and neck area in response to
stimulation of any part of the body. Nor must there be any response
to stimulation of the throat or windpipe. Finally, to test the all
important supposition that the patient will never again be able to
breathe on his own, the mechanical ventilator is disconnected for 10
minutes; if there is any sign of a spontaneous inspiratory effort
during this time, then the criteria for "brain stem death"
are not satisfied. If there is no sign of any attempt to breathe,
mechanical ventilation is resumed and an unspecified period of time
is allowed to elapse before the brain stem reflexes are again sought.
If they remain absent the ventilator is again disconnected for a
similar test period. If there is still no inspiratory effort, and if
temporary influences such as drugs have been excluded, the criteria
for the diagnosis of "brain death" - U.K. style - have been
satisfied and the patient is certified dead.
Mechanical
ventilation is continued thereafter, sometimes for days, while the
complicated arrangements are made for removal of his vital organs
and, of course, throughout the surgical procedure involved in
acquiring them.
To be
continued ...