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Organ Donation after Circulatory Determination of Death: Lessons and Unresolved Controversies

Published online by Cambridge University Press:  01 January 2021

Extract

The several articles in this special issue on organ donation after circulatory determination of death or, as it is often put, donation after cardiac death (DCD), draw lessons from different kinds of experience in order to guide efforts in the U.S. to develop or refine policies for DCD. One lesson comes from a major and, by many measures, successful experimental DCD program in Washington, D.C. in the 1990s. Another lesson comes from European countries that have adopted presumed-consent legislation, a form of “opt out” that facilitates DCD as well as donation after neurological determination of death (DND). Another lesson, from the perspective of critical care medicine in Canada, attends to the implications of viewing a dying patient, undergoing resuscitative procedures, as a potential organ donor. A final lesson sketches implications of legislation and court cases in the U.S., often involving DND, for initiating temporary organ preservation (TOP) in DCD programs before consent has been obtained for organ donation. Some of these lessons are optimistic about the prospects for DCD, especially if certain steps are taken, while others are more cautious, particularly because of the costs and risks involved in DCD.

Type
Symposium
Copyright
Copyright © American Society of Law, Medicine and Ethics 2008

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References

Childress, J. F. and Liverman, C. T., eds., Organ Donation: Opportunities for Action (Washington, D.C.: National Academies Press, 2006).Google Scholar
Institute of Medicine (IOM), “Moving Forward in Increasing Organ Donation: Opportunities and Barriers to Uncontrolled DCDD in Major Metropolitan Cites,” December 20, 2006, available at <http://www.iom.edu/CMS/3740/24738/41298.aspx> (last visited September 26, 2008).+(last+visited+September+26,+2008).>Google Scholar
Id., at 152.Google Scholar
Bonnie, R. J., Wright, S. and Dineen, K. “Legal Authority to Preserve Organs in Cases of Uncontrolled Cardiac Death: Preserving Family Choice,” Journal of Law, Medicine & Ethics 36, no. 4 (2008): 741751.Google Scholar
Borry, P., Van Reusel, W., Roels, L. and Schotsman, P., “Donation after Uncontrolled Cardiac Death (DCD): A Review of the Debate from an European Perspective, “ Journal of Law, Medicine & Ethics 36, no. 4 (2008): 752759.Google Scholar
See IOM, supra note 2, at 28.Google Scholar
Id., at 101107.Google Scholar
2005 National Survey of Organ and Tissue Donation Attitudes and Behaviors, available at <http://www.organdonor.gov/survey2005/presumed_consent.htm> (last visited September 26, 2008)+(last+visited+September+26,+2008)>Google Scholar
Ornstein, C., “Doubts About a Transplant Team; Nurse Tells Investigators She Was Troubled by the Behavior of the Visiting Physicians Preparing to Harvest a Man's Organs,” Los Angeles Times, August 7, 2007, at B1; Stein, R., “New Zeal in Organ Procurement Raises Fears,” Washington Post, September 13, 2007, at A1; Night, S. S., “Arrest of Transplant Surgeon Raises Concern Regarding Organ Donation After Cardiac Death Procedure,” Health Law Perspectives, August 18, 2007, available at <http://www.law.uh.edu/healthlaw/perspectives/2007/(SN)Organdon.pdf> (last visited September 26, 2008). (last visited September 26, 2008).' href=https://scholar.google.com/scholar?q=Ornstein,+C.,+“Doubts+About+a+Transplant+Team;+Nurse+Tells+Investigators+She+Was+Troubled+by+the+Behavior+of+the+Visiting+Physicians+Preparing+to+Harvest+a+Man's+Organs,”+Los+Angeles+Times,+August+7,+2007,+at+B1;+Stein,+R.,+“New+Zeal+in+Organ+Procurement+Raises+Fears,”+Washington+Post,+September+13,+2007,+at+A1;+Night,+S.+S.,+“Arrest+of+Transplant+Surgeon+Raises+Concern+Regarding+Organ+Donation+After+Cardiac+Death+Procedure,”+Health+Law+Perspectives,+August+18,+2007,+available+at++(last+visited+September+26,+2008).>Google Scholar
See IOM, supra note 2, at 152–53.Google Scholar
Light, J., “The Washington, D.C. Experience with Uncontrolled Donation after Circulatory Determination of Death: Promises and Pitfalls,” Journal of Law, Medicine & Ethics 36, no. 4 (2008): 735740.Google Scholar
See IOM, supra note 2, at 156.Google Scholar
Doig, C. J. and Zygun, D. A., “(Uncontrolled) Donation after Cardiac Determination of Death: A Note of Caution,” Journal of Law, Medicine & Ethics 36, no. 4 (2008): 760765.Google Scholar