Consent to testing for brain death
Loading...
Files
Published Version
Date
2023
Authors
Lyons, Barry
Donnelly, Mary
Journal Title
Journal ISSN
Volume Title
Publisher
BMJ Publishing Group
Published Version
Abstract
Canada has recently published a new Clinical Practice Guideline on the diagnosis and management of brain death. It states that consent is not necessary to carry out the interventions required to make the diagnosis. A supporting article not only sets out the arguments for this but also contends that 'UK laws similarly carve out an exception, excusing clinicians from a prima facie duty to get consent'. This is supplemented by the claim that recent court decisions in the UK similarly confirm that consent is not required, referencing two judgements in Battersbee. We disagree with the authors' interpretation of the law on consent in the UK and argue that there is nothing in Battersbee to support the conclusion that consent to testing is not necessary. Where there is a disagreement about testing for brain death in the UK, court authorisation is required. © Author(s) (or their employer(s)) 2023. Re-use permitted under CC BY-NC. No commercial re-use. See rights and permissions. Published by BMJ.
Description
Keywords
Death , Ethics-medical , Human rights , Informed consent
Citation
Lyons, B. and Donnelly, M. (2024) 'Consent to testing for brain death', Journal of Medical Ethics, 50(7), pp.442-446. https://doi.org/10.1136/jme-2023-109425