I don’t think that would work. As I’ve learned from others on this thread and previous iterations of it (thanks nolongersurprised !), clinicians have a strict code of practice for diagnosing brain stem death. It involves doing the prescribed series of tests that couldn’t be done on Archie. No doctor was willing to diagnose brain stem death and pronounce Archie to be dead based on the scans, because their code of practice on this is very clear.
Mrs Justice Arbuthnot (“the lady judge!”) declared Archie to have died based on the scans, and this was overturned on appeal essentially by agreement of all parties, but the reasoning is that courts should not diagnose death where doctors will not. This has got to be right because the court is entirely dependent on doctors’ evidence in making such decisions. It would be relatively far reaching for a court to extend where death can be diagnosed when the medical bodies which exist to regulate such matters have not.
Practical problems with extending how you can diagnose brain stem death to include MRI scans is that they are not available at every hospital. The current tests are capable of being done in almost if not all clinical settings . It could lead to people demanding the scans as well as the 6 tests etc. however even if it is a good idea to allow brain stem death to be diagnosed via scans, it should be medical professional bodies that decide this based on a proper review and analysis, not the court because of the unusual facts of this case.
The other thing is that it doesn’t usually present a problem because where the tests can’t be done, most families will accept evidence that their loved one’s brain has not had a blood supply for three months and is rotting as sufficient to agree to withdraw treatment, so the argument doesn’t usually need to be had.
Apologies to the doctors in the thread if I have misunderstood or misrepresented any of the wisdom they have imparted! But that’s what I’ve picked up.