Reexamining the Flawed Legal Basis of the “Dead Donor Rule” as a Foundation for Organ Donation Policy
Scott J. Schweikart
Abstract
The legal basis of what's known as the "dead donor rule" (DDR), which requires that donors must be dead according to legal criteria, is rooted in physicians' fears of civil and criminal liability for participating in organ retrieval and donation. This article suggests that one reason to revisit the DDR is to help illuminate possible legal ways to retrieve and donate organs. Specifically, this article considers one of these: medically justifiable homicide, which is legally and ethically distinct from murder and wrongful death.
Topics & Concepts
Foundation (evidence)Organ donationDonationLawLaw and economicsPolitical scienceMedicineSociologyTransplantationSurgeryOrgan Donation and TransplantationGrief, Bereavement, and Mental HealthPalliative Care and End-of-Life Issues