Mr. V

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Mr. V is a 23-year-old orthodox Jewish man. Mr. V was admitted to the intensive care unit following a bicycle accident. Three days after the accident, the consulting neurologist declared Mr. V to be brain dead based on current medical standards, thus meeting the state’s legal definition of death. When the consulting neurologist shared the brain death diagnosis with Mr. V’s family and their rabbi, the rabbi responded, ‘‘Our sect of Judaism does not believe in the diagnosis of brain death. We believe that there is only one way to determine death: when your heart and breathing stop.’’ The family also responded, ‘‘We believe that our son is alive. We want to take him home.’’ Dr. R, the patient’s attending physician, is also an orthodox Jew. Dr. R is in full support of Mr. V’s family taking him home; however, before discharge, Mr. V will require a feeding tube and tracheostomy to continue mechanical ventilation.

Several days have passed while Dr. R seeks a surgeon to perform these procedures. Numerous surgeons refused to participate because of the brain death diagnosis and the associated belief that it is unlawful to perform surgery on a dead person. You are asked by Dr. R to perform the surgery, how do you respond?

*DeWolf, Bosek, Marcia, Sue. "Refusal of Brain Death Diagnosis." JONA's Healthcare Law, Ethics, & Regulation. July/September, 2007 vol.9 no 3. p87