When should brainstem death testing be performed? What is the legal time of death following brainstem death testing?

  • Testing should be performed a minimum of 6 hours after loss of last brain stem function
  • Longer period should be given in atypical presentations:
    • A minimum of 24 hours should be given if primary aetiology hypoxic brain injury
    • Prolonged observation may be required in cases of unclear aetiology
  • No statutory interval must elapse between the tests, but this should be sufficient to reassure all those involved
  • Legal time of death is retrospectively noted as the time the first set of tests confirms brainstem death, though death is not declared until after the 2nd test