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Mason and McCall Smith's Law and Medical Ethics

Mason and McCall Smith's Law and Medical Ethics (12th edn)

Anne-Maree Farrell and Edward S. Dove
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date: 26 February 2024

p. 42213. Organ Donation for Transplantationlocked

p. 42213. Organ Donation for Transplantationlocked

  • A. M. FarrellA. M. FarrellChair of Medical Jurisprudence at the University of Edinburgh
  •  and E. S. DoveE. S. DoveReader in Health Law and Regulation at the University of Edinburgh

Abstract

This chapter examines legal and ethical issues in relation to organ donation for transplantation in the UK. First, an overview is provided of key legislation and organisations involved in the area, before moving on to examine legal and ethical issues arising from a diagnosis of brain stem or circulatory death, which must take place before organ donation from a deceased donor can proceed. A detailed analysis is then provided of law and regulation of deceased organ donation, with a particular focus on the new opt-out (deemed consent/authorisation) systems which are now in place in the UK’s four jurisdictions. An analysis of living organ donation for the purposes of transplantation is then provided, which is followed by an exploration of ethical issues relevant to trade and commerce in organs. The final section of the chapter provides a brief overview of scientific, legal, and ethical issues at stake in xenotransplantation.

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