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Contentious Ethical and Legal Aspects of Determination of Brain Death

Lewis, Ariane
Although the concept of death by neurologic criteria is accepted throughout much of the world and death can legally be determined by neurologic criteria throughout the United States, the process is fraught with contentious ethical and legal controversies. I explore historic and contemporary ethical and legal disputes about determination of death by neurologic criteria including the need for consent from patients' surrogates prior to determination of death, the role of religion in determination of death, management of objections to determination of death by neurologic criteria, the approach to patients who are dead by neurologic criteria but are pregnant, and gamete retrieval after determination of death.
PMID: 30321897
ISSN: 1098-9021
CID: 3369742

Author response: An interdisciplinary response to contemporary concerns about brain death determination

Lewis, Ariane; Bernat, James L; Blosser, Sandralee; Bonnie, Richard J; Epstein, Leon G; Hutchins, John; Kirschen, Matthew P; Rubin, Michael; Russell, James A; Sattin, Justin A; Wijdicks, Eelco F M; Greer, David M
PMID: 30201752
ISSN: 1526-632x
CID: 3926612

Medicolegal Complications of Apnoea Testing for Determination of Brain Death

Lewis, Ariane; Greer, David
Recently, there have been a number of lawsuits in the United States in which families objected to performance of apnoea testing for determination of brain death. The courts reached conflicting determinations in these cases. We discuss the medicolegal complications associated with apnoea testing that are highlighted by these cases and our position that the decision to perform apnoea testing should be made by clinicians, not families, judges, or juries.
PMID: 29980920
ISSN: 1176-7529
CID: 3185642

Reconciling the Case of Jahi McMath

Lewis, Ariane
BACKGROUND:The case of Jahi McMath has captured the attention of the public, healthcare professionals, and ethicists. Jahi was declared brain dead in late 2013, but her family transferred her to New Jersey to continue organ support. A lengthy legal battle has been ongoing since then. Jahi's family and two neurologists, Drs. Calixto Machado and Alan Shewmon, believe that she is not brain dead. Her family and Dr. Shewmon think that she is capable of following commands, thus making her minimally conscious. METHODS:Review of case materials. RESULTS AND CONCLUSION/CONCLUSIONS:Because brain death is an irreversible coma, one of three conclusions must be drawn: 1) Jahi was never dead; 2) Jahi met the criteria for brain death, but she isn't dead now; or 3) Jahi's movements are not purposeful responses, and she has been brain dead since 2013. The possibility that a person who was declared brain dead is now following commands threatens to erode the notion that brain death should be considered legal death. The discordant ideas that Jahi is brain dead and is following commands can only be reconciled if a formal evaluation for determination of death is repeated by reputable examiners.
PMID: 29923168
ISSN: 1556-0961
CID: 3157302

Future development of a depot antiepileptic drug: What are the ethical implications?

Sequeira, Alexandra J; Buchman, Stephanie; Lewis, Ariane; Karceski, Steven
Depot medications have been used for long-term treatment of many different medical conditions (schizophrenia, opioid addiction) and for prevention of pregnancy (birth control). In addition, proposals for depot medication for antidepressants have been made as a possible treatment for chronic depression. For the treatment of chronic epilepsy, there are currently no depot antiepileptic drugs (AEDs). However, there may be a role for them. Depot AEDs could improve medication adherence rates, thereby reducing the morbidity and mortality that are associated with ongoing seizures. This could help to reduce hospital costs for people with epilepsy. Potential patient populations that could benefit from a depot AED include patients with forgetfulness, socioeconomic barriers to access of daily oral medications, impaired gastric absorption or dysphagia, comorbid epilepsy and psychiatric disease, and personal preference to avoid the inconvenience of taking a medication daily or even multiple times per day. In this article, we review reasons to create a depot AED and the outcomes of doing so in the context of the pillars of bioethics: beneficence (to act in a patient's best interest), autonomy (to respect a patient as an individual and honor their preferences), nonmaleficence (to do no harm), and justice (to treat all persons fairly and equally).
PMID: 30032805
ISSN: 1525-5069
CID: 3210972

Results of a quality improvement initiative reassessing an institutional lumbar drain infection prevention protocol

Lewis, Ariane; Rothstein, Aaron; Pacione, Donato
OBJECTIVE The objective of this study was to determine the effects of a quality improvement initiative in which daily antibiotics and daily sampling of cerebrospinal fluid (CSF) were discontinued for patients with lumbar drains. METHODS The frequency of surgical site infections (SSIs), antibiotic-related complications (development of Clostridium difficile infection [CDI] and growth of resistant bacteria), and cost for patients with lumbar drains were compared during 3 periods: 1) prolonged prophylactic systemic antibiotics (PPSA) until the time of drain removal and daily CSF sampling (September 2013-2014), 2) PPSA and CSF sampling once after placement then as needed (January 2015-2016), and 3) antibiotics only during placement of the lumbar drain and CSF sampling once after placement then as needed (April 2016-2017). RESULTS Thirty-nine patients were identified in period 1, 53 patients in period 2, and 39 patients in period 3. There was no change in the frequency of SSI after discontinuation of routine CSF testing or PPSA (0% in period 1, 2% in period 2, and 0% in period 3). In periods 1 and 2, 3 patients developed infections due to resistant organisms and 2 patients had CDI. In period 3, 1 patient had an infection due to a resistant organism. The median cost of CSF tests per patient was $100.68 (interquartile range [IQR] $100.68-$134.24) for patients in period 1 and $33.56 (IQR $33.56-$33.56) in periods 2 and 3 (p < 0.001). The median cost of antibiotics per patient was $26.32 (IQR $26.32-$30.65) in periods 1 and 2 and $3.29 ($3.29-$3.29) in period 3 (p < 0.001). The cost associated with growth of resistant bacteria and CDI was $91,291 in periods 1 and 2 and $25,573 in period 3. CONCLUSIONS After discontinuing daily antibiotics and daily CSF sampling for patients with lumbar drains, the frequency of SSI was unchanged and the frequency of antibiotic-related complications decreased.
PMID: 29701568
ISSN: 1547-5646
CID: 3053212

Discontinuation of Postoperative Prophylactic Antibiotics After Noninstrumented Spinal Surgery: Results of a Quality Improvement Project

Lewis, Ariane; Lin, Jessica; James, Herbert; Hill, Travis C; Sen, Rajeev; Pacione, Donato
Background/UNASSIGNED:Numerous medical society guidelines recommend discontinuation of antibiotics at a maximum of 24 hours after noninstrumented spinal surgery, even when a drain is left in place. As a result of these recommendations, our institution's Neurosurgery Quality Improvement Committee decided to stop administering prolonged prophylactic systemic antibiotics (PPSAs) to patients with drains after noninstrumented spinal surgery. Methods/UNASSIGNED:We retrospectively reviewed data for patients who had noninstrumented spinal surgery performed by a neurosurgeon at our institution between December 2012 and July 2014 (PPSA period) and December 2014 and July 2016 (non-PPSA period) and had a drain left in place postoperatively. In the PPSA period, patients received antibiotics until drain removal. In the non-PPSA period, patients received antibiotics for a maximum of 24 hours. Results/UNASSIGNED:= .24). Conclusion/UNASSIGNED:After discontinuing PPSAs for patients with noninstrumented spinal procedures, as is recommended for quality improvement, we saw a nonsignificant increase in our rate of SSIs. Further monitoring of this population is warranted.
PMCID:6022904
PMID: 29977443
ISSN: 1941-8744
CID: 3185882

Right Brain: Withholding treatment from a child with an epileptic encephalomyopathy

Rothstein, Aaron; Lewis, Ariane
The case of Charlie Gard, an infant who was hospitalized in England due to a mitochondrial DNA depletion syndrome that led to an epileptic encephalomyopathy, was highly publicized. Though Charlie's parents lobbied for him to receive experimental nucleoside replacement therapy as a desperate effort to save him, this request was denied, and after a lengthy legal battle, he died in late July 2017. We discuss the ethical considerations and consequences of this case.
PMID: 29712807
ISSN: 1526-632x
CID: 3061612

How does pre-existing hypertension affect patients with intracerebral hemorrhage? [Meeting Abstract]

Valentine, David; Lewis, Ariane
ISI:000453090805068
ISSN: 0028-3878
CID: 3561722

A Single-Center Intervention to Discontinue Postoperative Antibiotics after Spinal Fusion [Meeting Abstract]

Lewis, Ariane; Lin, Jessica; James, Herbert; Krok, Anne; Zeoli, Nicole; Healy, Janine; Lewis, Tyler; Pacione, Donato
ISI:000453090803203
ISSN: 0028-3878
CID: 3561862