ROLE OF FORENSIC NEUROLOGISTS IN DETERMINING BRAIN DEATH
AUTHOR – DHARANI. S & DR. ARUN KUMAR
* STUDENT AT TAMILNADU AMBEDKAR LAW UNIVERSITY
** CONSULTANT NEUROLOGIST AT GLEANGLES HEALTHCITY
BEST CITATION – DHARANI. S & DR. ARUN KUMAR, ROLE OF FORENSIC NEUROLOGISTS IN DETERMINING BRAIN DEATH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 893-936, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Until few decades ago, death was thought to be a definite point in time that marked the end of life. With the availability of ventilators, defining when death has happened is getting more challenging, as cessation of life functions is not always synchronous across organ systems. Neurological determination of brain death is a difficult assessment that nonspecialists and families may misunderstand. Recent guidelines define how to do such an evaluation and are available to clinicians, with the time of death in adults and children determined by the final defining test—the apnea test. With the availability of ventilators, defining when death has happened is getting more challenging, as the termination of life functions is sometimes not synchronous across organ systems. With increased access to intensive care units (ICUs) even in cities, and the government making it essential to notify brain death to facilitate cadaveric organ transplants, neurosurgeons and neurologists must thoroughly understand the nuances of brain death. International organizations have widely condemned the ethics of commercial organ donation and transplant tourism. The legal and ethical standards that we follow universally in organ donation and transplantation are particularly crucial for the future because they can be used to resolve controversies over developing sciences such as cloning, tissue engineering, and stem cells.
The importance of early detection, the problems in the clinical diagnosis of brain death, the limitations of so-called confirmatory testing, and the moral and ethical issues will be discussed. This paper delves into the most recent guidelines and methods for detecting brain death, focusing on clinical assessments, brainstem reflex testing, and the use of supplementary tests. Further it aims to improve the competency of healthcare workers from many disciplines, encouraging an interprofessional approach to handling this difficult part of patient care. This research work also provides an insight to traverse the clinical, ethical, and legal challenges of brain death, resulting contemporary suggestions and upgradation in the existing framework. This study intends to pave the road for legislative reforms in India that control unethical practices and promote organ donation by critically assessing the current legal framework and relying on overseas experiences. This research paper delves into the multifaceted issues of organ transplantation in India, with the goal of proposing reforms to combat unethical practices and increase organ supply.
Key Words:Apnea testing, Neurological criteria, organ transplantation, brain stem