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1.
J Law Med ; 31(1): 151-184, 2024 May.
Article in English | MEDLINE | ID: mdl-38761395

ABSTRACT

Uncertainties and controversies surround "shaken baby syndrome" or infant "abusive head trauma". We explore Vinaccia v The Queen (2022) 70 VR 36; [2022] VSCA 107 and other selected cases from Australia, the United Kingdom and the United States. On expert opinion alone, a "triad" of clinical signs (severe retinal haemorrhages, subdural haematoma and encephalopathy) is dogmatically attributed diagnostically to severe deliberate shaking with or without head trauma. However, the evidence for this mechanism is of the lowest scientific level and of low to very low quality and therefore unreliable. Consequently, expert opinion should not determine legal outcomes in prosecuted cases. Expert witnesses should reveal the basis of their opinions and the uncertainties and controversies of the diagnosis. Further, the reliability of admissions of guilt while in custody should be considered cautiously. We suggest abandonment of the inherently inculpatory diagnostic terms "shaken baby syndrome" and "abusive head trauma" and their appropriate replacement with "infantile retinodural haemorrhage".


Subject(s)
Child Abuse , Expert Testimony , Shaken Baby Syndrome , Humans , Shaken Baby Syndrome/diagnosis , Infant , Australia , Child Abuse/legislation & jurisprudence , Child Abuse/diagnosis , Expert Testimony/legislation & jurisprudence , United States , United Kingdom , Retinal Hemorrhage/etiology , Hematoma, Subdural
4.
J Law Med ; 28(3): 831-854, 2021 Mar.
Article in English | MEDLINE | ID: mdl-34369133

ABSTRACT

Legal definitions of death and its medical determination have been challenged in high-profile cases in several jurisdictions which define death as either cessation of all functions of the brain or only of the brain stem. Several patients diagnosed brain dead have recovered some vestigial brain activity. Plaintiffs, seeking to prevent withdrawal of life-sustaining treatment, have sought to prevent performance of the key test, the apnoeic-oxygenation test, because it can cause harm and as a medical procedure requires informed consent. Reform of the American Uniform Determination of Death Act, which resembles Australian legislation, has been proposed to include specification of the medical determination of death and lack of requirement of consent to conduct testing. In this article we consider cases and proposals for law reform, concluding that the Australian definition of brain death ought to be retained but that the apnoeic-oxygenation test should be abandoned in lieu of testing brain blood flow and that religious accommodation should be considered.


Subject(s)
Brain Death , Informed Consent , Australia , Brain Death/diagnosis , Canada , Death , Humans , United Kingdom , United States
5.
J Clin Ethics ; 32(2): 97-108, 2021.
Article in English | MEDLINE | ID: mdl-34129525

ABSTRACT

The World Brain Death Project clarified many aspects of the diagnosis of brain death/death by neurologic criteria. Clearer descriptions than previously published were presented concerning the etiology, prerequisites, minimum clinical criteria, apnea testing targets, and indications for ancillary testing. Nevertheless, there remained many epistemic and metaphysical assertions that were either false, ad hoc, or confused. Epistemically, the project was not successful in explaining away remaining brain functions, complex reflexes as "spinal," the risk and lack of utility of the apnea test, the ignored and often present confounders of central endocrine dysfunction and high-cervical-spinal-cord injury, the limitations of ancillary tests, or the cases of reversibility of some findings of brain death/death by neurologic criteria. Metaphysically, the World Brain Death Project variously suggested different concepts of death that were not supported with argument. Concepts offered included simply restating the criterion of brain death/death by neurologic criteria; personhood, without recognizing it is a higher-brain concept; and emergent functions of the organism as a whole, without specifying what these might be, if not biologic anti-entropic integration that actually remains after brain death/death by neurologic criteria. The World Brain Death Project only offered confused metaphysical discussion, and gave no reason why the state they described as brain death/death by neurologic criteria should be considered death itself. The main epistemic and metaphysical problems with brain death/death by neurologic criteria remain untouched by the World Brain Death Project.


Subject(s)
Brain Death , Humans
6.
Anaesth Intensive Care ; 48(5): 399-403, 2020 Sep.
Article in English | MEDLINE | ID: mdl-33017183

ABSTRACT

An adolescent victim of an urban snakebite developed respiratory failure, rhabdomyolysis and consumption procoagulopathy but recovered with two vials of tiger snake antivenom administered after a delay of 48 hours. The clinical significance of a post-bite collapse was not initially appreciated. Tiger snake (Notechis spp.) venom antigen was measurable in blood before antivenom but not after whereas antivenom was measurable in blood for nine ensuing days. This case adds to growing evidence that further pharmacokinetic research of venom-antivenom interaction is required to establish the correct dose and timing of tiger snake antivenom. Antivenom therapy, even when delayed, facilitates recovery from snake envenomation.


Subject(s)
Antivenins , Snake Bites , Adolescent , Animals , Antivenins/therapeutic use , Elapid Venoms , Elapidae , Humans , Snake Bites/complications , Snake Bites/drug therapy
7.
Anaesth Intensive Care ; 48(2): 129-133, 2020 Mar.
Article in English | MEDLINE | ID: mdl-31505950

ABSTRACT

Because the median dose of one vial 'clears the blood of circulating venom', the authors of the Australian Snakebite Project recommend restriction of antivenom to one vial for all envenomated victims. This is neither scientific nor safe. Methodological flaws in the case series include limited detection of venom toxins and misinterpretation of data. The recommendation fails to consider larger doses of venom than that neutralised by one vial of antivenom. Although one vial may be adequate for minor envenomation, the initial dose should be two vials with more on a clinical basis.


Subject(s)
Antivenins , Snake Bites , Animals , Australia , Elapidae , Prospective Studies , Snake Bites/therapy
8.
Cardiol Young ; 27(7): 1341-1348, 2017 Sep.
Article in English | MEDLINE | ID: mdl-28583211

ABSTRACT

OBJECTIVE: To evaluate the experiences of parenting a child with hypoplastic left heart syndrome after the child has been discharged home from hospital. DESIGN: A study of the parents' experiences using face-to-face interviews and psychometric measures with parents whose child had survived stage surgery. SETTING: Parents were interviewed within the home environment or within the hospital if that was their choice. SUBJECTS: A total of 29 parents (16 mothers and 13 fathers) of surviving children. Intervention A semi-structured face-to-face interview plus psychometric tests (parent demographics, Maslach Burnout Inventory, Impact on Family Scale, and the Psychological Check List - Civilian). Measurements and main results The parents' experience in supporting a child with hypoplastic left heart syndrome is one of stress, of commitment, and of love. Although parents experienced joy in their child, they were also subjected to anxiety with four parents test positive to post-traumatic stress disorder and hypervigilance while monitoring their child's condition. Parents lived with many difficulties, and demands.


Subject(s)
Anxiety/diagnosis , Hypoplastic Left Heart Syndrome/surgery , Parenting/psychology , Parents/psychology , Stress Disorders, Post-Traumatic/diagnosis , Adaptation, Psychological , Adolescent , Child , Child, Preschool , Female , Humans , Income , Infant , Interviews as Topic , Love , Male , Psychiatric Status Rating Scales , Retrospective Studies , Young Adult
12.
Med J Aust ; 203(6): 268-70.e1, 2015 Sep 21.
Article in English | MEDLINE | ID: mdl-26377298

ABSTRACT

Australia has a shortfall in donated hearts for transplantation. Hearts are usually procured from brain dead donors, but procurement from circulatory dead donors is a potential additional source. However, heart transplantation after circulatory death of the donor may not conform to the dead donor rule. An amendment in law is required to permit heart procurement for transplantation after circulatory death.


Subject(s)
Heart Transplantation/legislation & jurisprudence , Tissue and Organ Procurement/legislation & jurisprudence , Australia , Death , Humans , Shock , Tissue Donors/legislation & jurisprudence
13.
Crit Care Med ; 43(9): 1978-85, 2015 Sep.
Article in English | MEDLINE | ID: mdl-25962079

ABSTRACT

OBJECTIVE: Outcomes for children with chronic critical illness are not defined. We examined the long-term survival of these children in Australia and New Zealand. DESIGN: All cases of PICU chronic critical illness with length of stay more than 28 days and age 16 years old or younger in Australia and New Zealand from 2000 to 2011 were studied. Five-year survival was analyzed using Kaplan-Meir estimates, and risk factors for mortality evaluated using Cox regression. SETTING: All PICUs in Australia and New Zealand. PATIENTS: Nine hundred twenty-four children with chronic critical illness. INTERVENTION: None. MEASUREMENTS AND MAIN RESULTS: Nine hundred twenty-four children were admitted to PICU for longer than 28 days on 1,056 occasions, accounting for 1.3% of total admissions and 23.5% of bed days. Survival was known for 883 of 924 patients (95.5%), with a median follow-up of 3.4 years. The proportion with primary cardiac diagnosis increased from 27% in 2000-2001 to 41% in 2010-2011. Survival was 81.4% (95% CI, 78.6-83.9) to PICU discharge, 70% (95% CI, 66.7-72.8) at 1 year, and 65.5% (95% CI, 62.1-68.6) at 5 years. Five-year survival was 64% (95% CI, 58.7-68.6) for children admitted in 2000-2005 and 66% (95% CI, 61.7-70) if admitted in 2006-2011 (log-rank test, p = 0.37). After adjusting for admission severity of illness using the Paediatric Index of Mortality 2 score, predictors for 5-year mortality included bone marrow transplant (hazard ratio, 3.66; 95% CI, 2.26-5.92) and single-ventricle physiology (hazard ratio, 1.98; 95% CI, 1.37-2.87). Five-year survival for single-ventricle physiology was 47.2% (95% CI, 34.3-59.1) and for bone marrow transplantation 22.8% (95% CI, 8.7-40.8). CONCLUSIONS: Two thirds of children with chronic critical illness survive for at-least 5 years, but there was no improvement between 2000 and 2011. Cardiac disease constitutes an increasing proportion of pediatric chronic critical illness. Bone marrow transplant recipients and single-ventricle physiology have the poorest outcomes.


Subject(s)
Critical Illness/mortality , Intensive Care Units, Pediatric/statistics & numerical data , Adolescent , Age Factors , Australia/epidemiology , Child , Child, Preschool , Chronic Disease , Female , Humans , Infant , Kaplan-Meier Estimate , Length of Stay , Male , New Zealand/epidemiology , Risk Factors , Severity of Illness Index , Sex Factors
14.
Cardiol Young ; 25(6): 1065-73, 2015 Aug.
Article in English | MEDLINE | ID: mdl-25215886

ABSTRACT

OBJECTIVE: To evaluate the psychosocial status of mothers and fathers in response to their infant's diagnosis of hypoplastic left heart syndrome. DESIGN: A study on interviews with parents whose children had survived staged surgery. SETTING: Tertiary hospital paediatric ICU. SUBJECTS: A total of 29 parents (16 mothers and 13 fathers) of surviving children. INTERVENTION: A semi-structured face-to-face interview was conducted to explore experiences of parents in response to their infant's diagnosis, their interaction with the doctor delivering the diagnosis, their deliberation about staged surgery, and their reasons for this choice. MEASUREMENT AND MAIN RESULTS: All parents were devastated about their infant's diagnosis, and most (83%) of them said that the time of the diagnosis and the aftermath was the worst time of their lives. Parents reported helpful and unhelpful communication at this time. Although all parents in this study chose surgery for their infant, when faced with the choice, 17 of them made an immediate decision "to protect their infant's life", 8 were initially unsure when their infant was diagnosed in utero, and 4 were unsure when the infant was diagnosed after birth. Parents also experienced loss and other stressors. CONCLUSIONS: All parents of the infants diagnosed with hypoplastic left heart syndrome experienced intense loss and stressors. Physicians need to be sensitive to the needs and thinking of the parents when discussing treatment options before surgery. The nature of the relationship with the doctor at this time can support parents or be a further source of stress.


Subject(s)
Adaptation, Psychological , Fathers/psychology , Hypoplastic Left Heart Syndrome/surgery , Mothers/psychology , Stress, Psychological , Adult , Attitude to Health , Child , Communication , Female , Humans , Hypoplastic Left Heart Syndrome/epidemiology , Intensive Care Units , Interviews as Topic , Male , Perception , Retrospective Studies , Tertiary Care Centers
15.
J Bioeth Inq ; 12(3): 449-59, 2015 Sep.
Article in English | MEDLINE | ID: mdl-25173981

ABSTRACT

This paper examines the few, but important legal and coronial cases concerning withdrawing or withholding life-sustaining treatment from severely disabled or critically impaired infants in Australia. Although sparse in number, the judgements should influence common clinical practices based on assessment of "best interests" but these have not yet been adopted. In particular, although courts have discounted assessment of "quality of life" as a legitimate component of determination of "best interests," this remains a prominent component of clinical guidelines. In addition, this paper highlights the lack of uniform clinical guidelines available to medical professionals and parents in Australia when making end-of-life decisions for severely ill infants. Thus, it is argued here that there is a need for an overarching prescriptive uniform framework or set of guidelines in end-of-life decision-making for impaired infants. This would encourage greater transparency, consistency, and some degree of objectivity in an area that often appears subjective.


Subject(s)
Decision Making/ethics , Disabled Persons , Ethics, Medical , Infant Welfare , Life Support Care/ethics , Practice Guidelines as Topic/standards , Withholding Treatment/ethics , Australia , Beneficence , Humans , Infant , Infant, Newborn , Judgment/ethics , Life Support Care/legislation & jurisprudence , Parents , Physicians , Withholding Treatment/legislation & jurisprudence
16.
Pediatr Crit Care Med ; 14(9): 869-75, 2013 Nov.
Article in English | MEDLINE | ID: mdl-23965635

ABSTRACT

OBJECTIVE: To evaluate the psychosocial status of mothers and fathers of infants with hypoplastic left heart syndrome while in the PICU. DESIGN: A retrospective study combining interviews and psychometric testing of parents. SETTING: Tertiary hospital PICU. SUBJECTS: Twenty-nine parents (16 mothers and 13 fathers) of surviving children. INTERVENTION: A semistructured face-to-face interview was conducted to explore parental experiences, and a Structured Clinical Interview for Diagnosis-Clinical Version (posttraumatic stress disorder module) was conducted to determine the possibility of an acute stress disorder or a posttraumatic stress disorder. MEASUREMENT AND MAIN RESULTS: All parents reported multiple stresses which commenced with their infant's diagnosis and endured throughout their infant's time in PICU. The Structured Clinical Interview for Diagnosis revealed that acute stress disorder or posttraumatic stress disorder developed in 24 parents (83%). Of 18 parents whose infants were diagnosed with hypoplastic left heart syndrome in utero, eight of nine mothers (88%) and six of nine fathers (66%) had posttraumatic stress disorder. Of 11 parents whose infants were diagnosed with hypoplastic left heart syndrome postbirth, six of seven mothers had acute stress disorder and one mother had posttraumatic stress disorder, and of four fathers, two fathers had acute stress disorder and one father had posttraumatic stress disorder. The prevalence of parental stress-related disorder was not different between mothers and fathers (p = 0.85). Only five parents were free of traumatic stress-related illness. Parents also experienced losses. Many parents were marginalized from their infant's care by the environment of PICU. Fifty percent of mothers experienced difficulties with parental-infant bonding. Ten parents (34%) began the process of adaptation to their infant's hypoplastic left heart syndrome and were assisted by the support and sensitivity of staff or had discovered other resources. CONCLUSIONS: All parents of surviving infants with hypoplastic left heart syndrome in PICU, irrespective of timing of diagnosis, experienced numerous stresses and losses, and the majority exhibited clinical levels of traumatic stress. Receiving the diagnosis itself is very traumatic and is compounded by the environment of the PICU which alienates parents from their infants and interferes with parent-infant bonding. Parental adaptation to this situation can be assisted by staff.


Subject(s)
Fathers/psychology , Hypoplastic Left Heart Syndrome/diagnosis , Mothers/psychology , Stress Disorders, Post-Traumatic/etiology , Stress Disorders, Traumatic, Acute/etiology , Adaptation, Psychological , Adolescent , Child , Child, Preschool , Female , Health Facility Environment , Humans , Hypoplastic Left Heart Syndrome/surgery , Infant , Infant, Newborn , Intensive Care Units, Pediatric , Interviews as Topic , Male , Mother-Child Relations , Object Attachment , Pregnancy , Prenatal Diagnosis/psychology , Psychiatric Status Rating Scales , Retrospective Studies , Stress Disorders, Post-Traumatic/psychology , Stress Disorders, Traumatic, Acute/psychology , Truth Disclosure , Young Adult
18.
Toxicon ; 59(6): 617-25, 2012 May.
Article in English | MEDLINE | ID: mdl-22361384

ABSTRACT

The Australian carybdeid jellyfish associated with Irukandji syndrome is Carukia barnesi, (Barnes' jellyfish). Other Australian carybdeid jellyfish that may be associated with the syndrome include Carukia shinju, Carybdea xaymacana, Malo maxima, Malo kingi, Alatina mordens, Gerongia rifkinae, and Morbakka fenneri ("Morbakka"). These small jellyfish are difficult to capture and identify. They are located offshore of the coasts of Australian states including Queensland, The Northern Territory, Western Australia and South Australia. The syndromic illness, resulting from a characteristic relatively minor sting, develops after about 30 minutes and consists of severe muscle pains especially of the lower back, muscle cramps, vomiting, sweating, agitation, vasoconstriction, prostration, hypertension and in cases of severe envenomation, acute heart failure. The mechanisms of actions of their toxins are obscure but they appear to include modulation of neuronal sodium channels leading to massive release of endogenous catecholamines (C. barnesi, A. mordens and M. maxima) and thereby to possible stress-induced cardiomyopathy. In addition, pore formation may occur in myocardial cellular membranes (C. xaymacana). In human cases of severe envenomation, systemic hypertension and myocardial dysfunction are associated with membrane leakage of troponin. Clinical management includes parenteral analgesia, antihypertensive therapy, oxygen and mechanical ventilation. No effective first-aid is known. Large knowledge gaps exist in biology of the jellyfish, their distribution, their toxins and mode of actions and in treatment of the Irukandji syndrome.


Subject(s)
Cnidarian Venoms/poisoning , Cubozoa/pathogenicity , Heart Failure/etiology , Hypertension/etiology , Acute Disease , Animals , Australia , Bites and Stings/therapy , First Aid , Humans , Syndrome
20.
J Paediatr Child Health ; 48(7): 551-5, 2012 Jul.
Article in English | MEDLINE | ID: mdl-22017373

ABSTRACT

Guidelines for basic and advanced paediatric cardiopulmonary resuscitation (CPR) have been revised by Australian and New Zealand Resuscitation Councils. Changes encourage CPR out-of-hospital and aim to improve the quality of CPR in-hospital. Features of basic CPR include: omission of abdominal thrusts for foreign body airway obstruction; commencement with chest compression followed by ventilation in a ratio of 30:2 or compression-only CPR if the rescuer is unwilling/unable to give expired-air breathing when the victim is 'unresponsive and not breathing normally'. Use of automated external defibrillators is encouraged. Features of advanced CPR include: prevention of cardiac arrest by rapid response systems; restriction of pulse palpation to 10 s to diagnosis cardiac arrest; affirmation of 15:2 compression-ventilation ratio for children and for infants other than newly born; initial bag-mask ventilation before tracheal intubation; a single direct current shock of 4 J/kg for ventricular fibrillation (VF) and pulseless ventricular tachycardia followed by immediate resumption of CPR for 2 min without analysis of cardiac rhythm and avoidance of unnecessary interruption of continuous external cardiac compressions. Monitoring of exhaled carbon dioxide is recommended to detect non-tracheal intubation, assess quality of CPR, and to help match ventilation to reduced cardiac output. The intraosseous route is recommended if immediate intravenous access is impossible. Amiodarone is strongly favoured over lignocaine for refractory VF and adrenaline over atropine for severe bradycardia, asystole and pulseless electrical activity. Family presence at resuscitation is encouraged. Therapeutic hypothermia is acceptable after resuscitation to improve neurological outcome. Extracorporeal circulatory support for in-hospital cardiac arrest may be used in equipped centres.


Subject(s)
Cardiopulmonary Resuscitation/standards , Emergency Medical Services/standards , Heart Arrest/therapy , Australia , Child , Defibrillators/standards , Humans , Infant , New Zealand , Pediatrics , Tachycardia, Ventricular/therapy , Ventricular Fibrillation/therapy
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