However, it is virtually inevitable if that is the decision made that it will be appealed in its turn, so unfortunately the hearing on the 11th won't be the last of this
This is one of the two reasons I don’t think the rule needs to be changed for brain stem death criteria.
The first, as I said earlier, is that after my literature search last night it seems any hospital that can, does perform ancillary studies like imaging, EEGs to support decision making pretty much does so. But coding them in law means some patients would have to be escorted to hospitals - ventilated - to prove death. As it stands, the brain stem death assessment is a clinical, bedside assessment that can be done anywhere. In reality, those additional tests, done pretty routinely, will be used to guide decision making and family’s understanding. Most families accept the results.
The second point is that Hollie won’t accept any medical consensus. She’ll keep this going on point she can, for as long as she can. She was shown Archie’s scans and denied they were his. She posts recordings of his fixed, dilated dead eyes and says he’s looking at things. She insists his hand has grasped her hand, even though this hasn’t happened for anyone else, for the last nearly 3 months. She has he has a change in his heart rate when she is there, even though a provoked EEG where, among other things, Archie was played a recording of her voice, continued to show absent brain wave activity,
I don’t think laws need to be changed to protect against these scenarios. Before this ends, everything will have been challenged, and not on the basis of Archie’s clinical status.