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endocranial blood flow in both the brainstem and the cortex); single photon<br />

emission computer tomography (which documents the absence of metabolic<br />

activity in the whole encephalus); the evoked potentials (which document the<br />

absence of electrical activity both in the cortex and in the brainstem). It is not<br />

instead felt that the EEG is completely reliable and a variety of medical<br />

protocols agree with this conclusion.<br />

Therefore, the criteria are different (but only for what concerns the EEG),<br />

however the basic clinical concept is not different: the absence of all encephalic<br />

functions must be documented (awareness, consciousness, spontaneous<br />

respiration and stem reflexes) due to a known cause that has interrupted the<br />

endocranial haematic flow and the metabolic activity of encephalic tissue 223 .<br />

4. The cardiopulmonary criteria<br />

4.1. The recent debate<br />

Within the discussion about the criteria for ascertaining death, in most<br />

recent years there has been a return of interest towards the cardiopulmonary<br />

criterion, used when kidney transplants started (1960s – 70s) and then pretty<br />

much abandoned because of its modest “productivity” in terms of success 224 .<br />

This new interest has happened due to the need of increasing the pool of<br />

donors 225 and programmes have been initiated of organ removals not only from<br />

“heart-beating donors”, after having ascertained death with neurological criteria,<br />

but from “non-heart-beating donors” 226 , after a diagnosis of irreversible cardiac<br />

death 227 .<br />

A possibility that has been realised – in some way – thanks to the<br />

advancements in transplant surgery and in organ preservation techniques. The<br />

success of the removal of organs from “non-heart-beating donors”, however, is<br />

affected by the decrease of the waiting period after the cardiac arrest (which<br />

allows to minimise the absence of blood circulation, which permeates the<br />

organs) and by the speed of the attempt – although failed – to treat the patient<br />

in cardiac arrest and transport him/her to an intensive care unit. Finally, a team<br />

that is adequately prepared from an organisational and technical point of view,<br />

must be available.<br />

Therefore, the removal of organs in non-heart-beating donors today<br />

focuses our attention back on the organisational complexity and the difficulty of<br />

diagnosing death with cardiological criteria. An aim, this, which requires – as<br />

already mentioned – the shortening of the observation period of the organs’<br />

223 R. Proietti, La diagnosi, cit<br />

224 In 1997 this approach was called “innovative”, because it re-employed, with new methods<br />

and technologies compared to the past (cf. KOOTSTRA, J.K. KIEVIT, E. HEIMAN, The non<br />

heart-beating donor, “British Medical Bulletin”, 1997, 53, 4, p. 844).<br />

225 Due to the decrease, amongst young people, of death caused by brain damage brought on<br />

by cardio-vascular pathologies and the improvement in the diagnosis and care of serious brain<br />

damage. The removal of organs from “heart-beating donors” represents in some European<br />

countries – like the United Kingdom and Spain – 10% of the contribution of kidneys and – a<br />

little less – of liver and they are set out to be, with some care, also the source of lung removals.<br />

226 The expression “donation after cardiac/cardiopulmonary death” is also used.<br />

227 By ascertaining the irreversible interruption of the heartbeat, to which follows also the<br />

interruption of blood circulation, breathing functions and ischemic brain damage up to the<br />

colliquation of the encephalic mass.<br />

173

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