Monday, January 12, 2026

Brain Death: Five Mandates to Continue Technologic Support After Death

In the January 2026 issue of the American Journal of Bioethics 26(1), I describe five situations when technologic support like mechanical ventilation must continue after the determination of death by neurologic criteria (brain death). 

The default rule is clear. Clinicians rarely have any legal duty to continue mechanical ventilation (or any other technologic support) after DNC/BD. This is well-settled across clinical practice guidelines, ethics codes, and state laws. Unless one of the five exceptions applies, all medical interventions should be withdrawn after DNC/BD. But some of these exceptions have been invoked with increasing frequency.



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