7. Organ transplantation

2018 ◽  
Author(s):  
Jo Samanta ◽  
Ash Samanta
Keyword(s):  
Organ Transplantation ◽  
Human Tissue ◽  
Ethical Issues ◽  
Artificial Organs ◽  
Court Cases ◽  
Essential Information ◽  
Tissue Act ◽  
Deceased Donors ◽  
Alternative Sources ◽  
Human Tissue Act

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with statutory provisions governing human tissue and organ transplantation, with particular reference to the Human Tissue Act 2004. It first considers the position at common law with regards to property in the human body, followed by a discussion of appropriate consent given by potential donors prior to their death or by deceased donors. Organ donation from living persons and ethical issues surrounding organ transplantation are then explored. The chapter concludes by looking at alternative sources of organs, including xenotransplantation and artificial organs. Relevant court cases are cited where appropriate.

7. Organ transplantation

2021 ◽  
pp. 114-133
Author(s):  
Jo Samanta ◽  
Ash Samanta
Keyword(s):  
Organ Donation ◽  
Organ Transplantation ◽  
Human Tissue ◽  
Ethical Issues ◽  
Artificial Organs ◽  
Court Cases ◽  
Presumed Consent ◽  
Tissue Act ◽  
Alternative Sources ◽  
Human Tissue Act

This chapter deals with statutory provisions governing human tissue and organ transplantation, with particular reference to the Human Tissue Act 2004. It first considers the position at common law with regards to property in the human body, followed by a discussion of appropriate consent given by potential donors prior to their death or by deceased donors. It also considers the change in law to presumed consent under the Organ Donation (Deemed Consent) Act 2019. Organ donation from living persons and ethical issues surrounding organ transplantation are then explored. The chapter concludes by looking at alternative sources of organs, including xenotransplantation and artificial organs. Relevant court cases are cited, where appropriate.

12. Organ Transplantation

Medical Law ◽  
2019 ◽  
pp. 625-690
Author(s):  
Emily Jackson
Keyword(s):  
Informed Consent ◽  
Organ Transplantation ◽  
Human Tissue ◽  
Similar System ◽  
Uterus Transplantation ◽  
Organ Retrieval ◽  
Opt Out ◽  
Tissue Act ◽  
Human Tissue Act ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses organ transplantation. It first considers cadaveric donation, looking at who may become a donor, and which organs can be taken. It also includes discussion of the issues raised by novel transplants, like face and uterus transplantation. The chapter summarizes the system of organ retrieval in the UK, looking at the consent-based model adopted in the Human Tissue Act 2004; the introduction of an opt-out system in Wales, and the government’s plan to introduce a similar system in England. It then turns to living organ donation, looking at informed consent and the legitimacy, or otherwise, of incentives. Finally, it considers the ethical, practical, and legal obstacles to xenotransplantation, i.e. transplanting animal organs into human recipients.

scholarly journals Organ transplantation and the Human Tissue Act

2007 ◽  
Vol 83 (977) ◽  
pp. 141-142 ◽  
Author(s):  
A. R Weale ◽  
P. A Lear
Keyword(s):  
Organ Transplantation ◽  
Human Tissue ◽  
Tissue Act ◽  
Human Tissue Act

scholarly journals Directed donation and ownership of human organs

Legal Studies ◽  
2011 ◽  
Vol 31 (3) ◽  
pp. 392-410 ◽  
Author(s):  
Shaun D Pattinson
Keyword(s):  
Human Tissue ◽  
Common Law ◽  
Regulatory Policy ◽  
Human Organs ◽  
Tissue Act ◽  
The Common ◽  
Deceased Donors ◽  
The Law ◽  
Human Tissue Act ◽  
Proper Account

This paper explores the issue of donation of organs from deceased donors for transplantation into a specified recipient. It argues that proper account should be taken of the principles underlying the Human Tissue Act 2004, which grant the donor a form of proprietary control. Three hypothetical scenarios are then used to draw out the implications of these principles for existing regulatory policy and the common law response to excised human organs. The paper concludes that the law should be understood as recognising ownership in organs removed from living and deceased persons and as offering opposition to the prohibition of directed donation that can only be coherently removed by reform of the 2004 Act.

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