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All U.S. states have brain death statutes, but public understanding of brain death/death by neurologic criteria (BD/DNC) remains poor, and clinicians frequently confront challenging scenarios. This position statement complements a guideline published jointly in 2023 by the American Academy of Neurology (AAN) and other organizations.
Before clinicians evaluate patients for BD/DNC, they should educate surrogate decision makers about the underlying brain injury, the BD/DNC determination process, and the equivalency of BD/DNC to circulatory death.
In the U.S., clinicians have no ethical obligation and no legal obligation (outside of New Jersey) to continue organ support once death is declared. Unilateral withdrawal of organ supp…