Two fundamental ethical and legal rules for deceased organ donation
Gardiner, Dale C.
Gardiner, Dale C.
Abstract
Learning objectives By reading this article, you should be able to: • Discuss the two main legal and ethical rules upon which deceased organ donation is based: the dead donor rule and the consenting donor rule. • Describe the legalities of consent for organ donation, including opt-out and deemed consent legislation. • Explain the limits of consent and why there is a need for professional and ethical practice guidance. Key points • Deceased organ donation is built upon two ethical and legal rules: the dead donor and consenting donor rules. • The dead donor rule is standardly formulated as the rule that ‘donors must be determined to be dead before their organs are recovered’. • Worldwide, there are different legislative models for the consenting donor rule: opt-in, opt-out, hybrid and soft or hard enforcement. • Consent to donation may legally permit donation, but it does not mandate that donation occurs or dictate what clinicians should do in a particular circumstance. Clinicians' actions should be guided by professional standards, operating within the boundaries set by law, and based on science, ethics and cultural expectations.
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Date
2021
Type
Article
Subject
Brain death, Death, Organ donation
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Citation
Gardiner, D.C., McGee, A. and Shaw, D. (2021) 'Two fundamental ethical and legal rules for deceased organ donation', BJA Education, 21(8), pp. 292-299. doi: 10.1016/j.bjae.2021.03.003.
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Available to download for free from the publisher's website here: https://doi.org/10.1016/j.bjae.2021.03.003.