Legal Authority to Preserve Organs in Cases of Uncontrolled Cardiac Death: Preserving Family Choice

Author:

Bonnie Richard J.,Wright Stephanie,Dineen Kelly K.

Abstract

In this paper, we assume that organ donation policy in the United States will continue to be based on an opt-in model, requiring express consent to donate, and that families will continue to have the prerogative to make donation decisions whenever the deceased person has not recorded his or her own preferences in advance. The limited question addressed here is what should be done when a potential donor dies unexpectedly, without any recorded expression of his or her wishes at hand, while a family decision is being sought.

Publisher

Cambridge University Press (CUP)

Subject

Health Policy,General Medicine,Issues, ethics and legal aspects

Reference71 articles.

1. 22. These invasive lines include arterial lines (tubes in artery to measure blood pressure directly and also allow easy blood draws); central lines (IV in large veins in chest allow easy IV fluid/medication administration); and catheters, such as a pulmonary artery catheter that measure cardiopulmonary parameters such as indicating fluid balance, efficiency of heart contractions, and workload on heart and lungs.

2. 2. See Childress, and Liverman, , supra note 1, at 153–154.

3. Combined intravascular and intraperitoneal cooling in the non–heart-beating donor improves kidney function following transplantation

4. 37. Two recent cases interpret the UAGA and the good-faith immunity clause in situations in which families desired organ donation, rather than opposed it. Carey v. New England Organ Bank, 17 Mass. L. Rptr. 582 (Mass. Sup. Ct., 2004), involved parents who sued the hospital where their son died and its affiliated organ procurement center when their expressed wish that his tissue be donated was unfulfilled. Colavito v. New York Organ Donor Network, 356 F. Supp. 2d 237 (E.D.N.Y. 2005), centered on a wife who sued the organ donation network that failed successfully to donate both of her husband's kidneys, as she had desired. Neither claim was successful because the defendants were found to be immune from liability under the good faith immunity clause of the UAGA. These plaintiffs counter the commonly held view that families who sue in organ donation cases are families who oppose interference with their deceased relative's remains. Clark, , supra note 6, at 937.

5. 41. See Newman, supra note 38, at 287 F.3d, at 791. ('As cases involving unauthorized mutilation and disposition of bodies increased toward the end of the 19th century, paralleling the rise in demand for human cadavers in medical science and use of cremation as an alternative to burial. courts began to recognize an exclusive right of the next of kin to possess and control the disposition of the bodies of their dead relatives, the violation of which was actionable at law.”)

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