The legal justification for donor optimisation procedures

Clinical Ethics 11 (4):122-129 (2016)
Current organ procurement policies in the UK include ante-mortem interventions to facilitate organ donation. However, a clear and unambiguous legal framework for these procedures does not currently exist. The Human Tissue Act 2004 does not provide authority for donor optimisation procedures before death, and there are a number of difficulties in encompassing these procedures within the Mental Capacity Act 2005 provisions on best interests. This article proposes a system of specific advance consent to enable best interests to take on its ascribed role as the legal justification for donor optimisation procedures.
Keywords Donor optimisation procedures   ante-mortem interventions to facilitate organ donation   best interests   specific advance consent   organ donation
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DOI 10.1177/1477750916657665
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