Kerala: Plea challenges rules on brain death certification

Kochi: A petition has been filed in Kerala High Court challenging the newly-formed government guidelines on brain death certification including the one making video-recording of the Apnea test mandatory for determining brain death.
Dr S. Ganapathy from Kollam moved the court arguing that the new guidelines issued in an order dated February 1 are illegal. He contended that real-time video recording of the brain stem death certification - with time and date duly stamped - must be produced for the Apnea tests.

A peripheral nerve stimulator test should be carried out to rule out residual neuromuscular blockage through pharmacology agents. He submitted that the certification has to be done by four doctors of which at least two should be from outside the hospital where the patient is admitted. It also said that one of the doctors should be from government service who has been empanelled for the same by the appropriate authority. The petitioner said that the Apnea test must be conducted under the protocol issued by the Academy of Neurology. However, such protocol was not followed in the state.

“Therefore, it was highly necessary that such a test should be conducted under the strict protocol as it was a risky affair which may even lead to death of the patient. The statutes had given ample power to the government to prevent wrong certification of brain stem death. However, the authorities were keeping mum over the issue.” The constitution of the medical board as envisaged in the guidelines was against the spirit of the statue, he contended and said it gave a long rope for the private hospitals to nominate persons of their choice for the brain stem death certification.