Ethical and Legal Dilemmas Regarding the Termination of Life Support for the Potential Organ Donor Patient

Abstract

This paper examines the medical and legal complexities surrounding the termination of care and life support for patients diagnosed with brain death. The primary issue is a legislative vacuum regarding the precise criteria for determining and officially declaring brain death. The study specifically analyzes the discretionary application of resuscitation protocols, ventilator support, and vasopressor administration, highlighting how such decisions can be based on the subjective judgment of the attending physician or medical team.
The ethical dilemmas inherent in this medical decision-making process are not limited to the legal framework but also extend to the psycho-social, religious, and socio-political contexts. The reluctance of lawmakers to establish clear, rigid criteria for declaring death in brain-dead patients suggests an acknowledgment of the potential societal impact of such legislation. This reveals a significant disconnect between legal texts and their practical interpretation.
This research draws upon an analysis of existing legal statutes, established medical protocols, and illustrative case examples. The methodology involves a comparative analysis of legal texts and current medical practices, focusing on key questions related to the aforementioned issues. Ultimately, the work highlights a significant axiological disjunction—a conflict of values—between the formal language of the law and the reality of medical practice.