Schiavo on the Cutting Edge: Functional Brain Imaging and its Impact on Surrogate End-of-Life Decision-Making

Abstract

Abstract The article addresses the potential impact of functional brain imaging (functional magnetic resonance imaging and positron-emissiontomography) on surrogate end-of-life decision-making in light of varying state-law definitions of consciousness, some of whichdefine awareness behaviorally and others functionally. The article concludes that, in light of admonitions by neuroscientiststhat functional brain imaging cannot yet replace behavioral evaluation to determine the existence of consciousness, statelegislatures, courts and drafters of written advance healthcare directives should consider treating behavior, not function,as the touchstone for end-of-life decision-making.