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Legal battle over organ donors' final wishes in the NW of the United States

Legal battle over organ donors' final wishes in the NW of the United States | Organ Donation & Transplant Matters Resources | Scoop.it

Recently in the United States a hospital sought resolution of a dispute between the known wishes of a potential organ donor and his family members.

 

As outlined in the article, the young man was declared brain dead as the result of fatal head injuries that he sustained in an automobile accident. It appears that during life, the man had declared his intent to be an organ donor when registering for his drivers license.

 

When family members were approached for authorization for the organ donation process to proceed they refused. At that point the hospital concerned took the matter to court.

 

The organ donation surgery then proceeded, two days following the court hearing. 

 

In this case the court has upheld the principle of 'first person authorization' which has been the subject of a previous post on this site-

 

http://sco.lt/6IC1dh

 

Deborah Verran's insight:

Their are some inaccuracies in the online report. First organ retrieval surgery is not performed prior to death. Second the term 'harvest' is no longer deemed an appropriate descriptor of the surgical organ recovery process.

 

The case does bring home the importance of family members all being aware of their loved ones wishes when it comes to organ donation.

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When the living and the deceased don't agree on organ donation - Medical Xpress

When the living and the deceased don't agree on organ donation - Medical Xpress | Organ Donation & Transplant Matters Resources | Scoop.it

What are the  possible outcomes when family members are not in agreement with the previous expressed wishes of a potential organ donor? What does this mean in practice?

 

This report titled 'When the living and the deceased don't agree on organ donation' is of the results of a survey performed of the Directors of 58 Organ Procurement Organizations in the United States.

 

All 50 states and the District of Columbia have adopted the 2006 Revised Uniform Anatomical Gift Act (UAGA) or enacted similar legislation giving individuals the "First Person Authorization'. So what impact does this have in practice when healthcare professionals are faced with a variance in opinion between the family members of a potential organ donor and the donors' previously stated wishes? Click on the banner headline to read a summary of the results of the survey.

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