Reexamining the Flawed Legal Basis of the "Dead Donor Rule" as a Foundation for Organ Donation Policy.

Autor: Schweikart SJ; Senior research associate for the American Medical Association Council on Ethical and Judicial Affairs in Chicago, Illinois.
Jazyk: angličtina
Zdroj: AMA journal of ethics [AMA J Ethics] 2020 Dec 01; Vol. 22 (12), pp. E1019-1024. Date of Electronic Publication: 2020 Dec 01.
DOI: 10.1001/amajethics.2020.1019
Abstrakt: The legal basis of what's known as the "dead donor rule" (DDR), which requires that donors must be dead according to legal criteria, is rooted in physicians' fears of civil and criminal liability for participating in organ retrieval and donation. This article suggests that one reason to revisit the DDR is to help illuminate possible legal ways to retrieve and donate organs. Specifically, this article considers one of these: medically justifiable homicide, which is legally and ethically distinct from murder and wrongful death.
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Databáze: MEDLINE