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.

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.

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.

The ‘opt-out’ approach to deceased organ donation in England: A misconceived policy which may precipitate moral harm

2019 ◽  
Vol 14 (2) ◽  
pp. 63-69
Author(s):  
Tobias K Cantrell
Keyword(s):  
Organ Donation ◽  
Public Awareness ◽  
Recent Attempt ◽  
Individual Autonomy ◽  
Presumed Consent ◽  
Opt Out ◽  
The Family ◽  
Deceased Organ Donation ◽  
Tissue Act ◽  
Human Tissue Act

In an effort to solve the shortage of transplantable organs, there have been several proposals to introduce an opt-out approach to deceased organ donation in England (also termed ‘deemed’, or ‘presumed’ consent). In seeking to enact the so-called ‘opt-out proposal’ via an amendment to the Human Tissue Act 2004, The Organ Donation (Deemed Consent) Bill 2017–19 represents the most recent attempt at such legal reform. Despite popular calls to the contrary, I argue in this paper that it would be premature for England, or, indeed, any country, to adopt an opt-out approach at this time. Not only is the available evidence inconclusive on whether introduction of the opt-out proposal would increase the supply of transplantable organs (a common misconception), but there is also a chance that doing so might bring about an otherwise avoidable moral harm through an unjustified interference with individual autonomy. I maintain that the resources required to change the law to such effect would be better expended on alternative, provenly efficacious and less contentious mechanisms for increasing the supply of transplantable organs, such as: improving communication with the family of the deceased, developing infrastructure, raising public awareness and enhancing staff training, attitudes and understanding towards organ donation.

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 The ethical and legal implications of the Human Tissue Amendment Act 2020 (Vic)

2021 ◽  
Vol 23 (3) ◽  
pp. 245-247
Author(s):  
Steve Philpot ◽  
◽  
David Anderson ◽  
◽  
◽  
...  
Keyword(s):  
Organ Donation ◽  
Human Tissue ◽  
Medical Practitioner ◽  
Determination Of Death ◽  
Medical Practitioners ◽  
Legal Implications ◽  
Tissue Act ◽  
Human Tissue Act ◽  
Circulation Of The Blood

The Human Tissue Act 1982 (Vic) has recently been amended by the Human Tissue Amendment Act 2020(Vic). In an effort to better reflect the modern practice of organ donation, the intention of the amendment is to include a process for the authorisation of ante-mortem procedures in patients being considered for organ donation after circulatory determination of death(DCDD). As part of this process, the amendment introduces a new requirement for consent for such ante-mortem procedures, and specifies that: A designated officer for a hospital must not give an authority … in respect of a person unless, where the respiration or the circulation of the blood of the person is being maintained by artificial means, two registered medical practitioners, neither of whom is the designated officer and each of whom has been for a period of not less than five years a registered medical practitioner, have each certified in writing — ​ that the practitioner has carried out a clinical examination of the person while the respiration or the circulation of the blood of that person was being maintained by artificial means; and that, in the practitioner’s opinion, at the time of examination, death of the person would occur as a result of the withdrawal of the artificial means of maintaining the respiration or the circulation of the blood of the person.

Organ Donation and Transplantation

2018 ◽  
pp. 87-98
Author(s):  
Keith Rigg
Keyword(s):  
Organ Donation ◽  
Human Tissue ◽  
Regulatory Authority ◽  
Living Donor ◽  
Deceased Donor ◽  
Golden Thread ◽  
Living Donor Transplantation ◽  
Tissue Act ◽  
Human Tissue Act ◽  
The Uk

The organ donation and transplantation sector in the UK has a comprehensive legal and regulatory framework, with some important differences between England, Scotland, Wales, and Northern Ireland. The Human Tissue Act 2004 and the Human Tissue (Scotland) Act 2006 are the key pieces of primary legislation, with the Human Tissue Authority being the regulatory authority. Consent, or authorization in Scotland, is the golden thread that runs through the legislation and is key for the removal, storage, and use of organs for transplantation. The specific aspects of the legislation that cover deceased donor transplantation are: (1) consent/authorization; (2) when the wishes of the deceased take precedence; and (3) preservation of organs for transplantation whilst awaiting consent. For living donor transplantation, the legislation governs: (1) the regulations pertaining to all living donor transplantation; (2) paired/pooled donation; (3) non-directed stranger donation; and (4) the illegality of commercial dealings in human organs.

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