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Medicine and the Law$
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K. Kannan

Print publication date: 2014

Print ISBN-13: 9780198082880

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780198082880.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 January 2021

Organ Transplant

Organ Transplant

(p.454) 9 Organ Transplant
Medicine and the Law

K. Kannan

Oxford University Press

Prolongation of life and improvement of quality of health assumed immense possibilities with organ transplants from live and deceased donors. When a person can be treated as dead in order for organs to be harvested for transplant and when life support can be withdrawn from a critically ill patient requires close monitoring and the Organ Transplantation Act contains empowering provisions to mitigate the dilemma. Issues of consent are vital to proper implementation of the Act and since they are emotive, often arising during the time of critical care of the patient, advance directives and the surrogate decisions of near relatives assume significance. Statutory controls have not quelled either the organ trade or manipulation of authorization committees’ recommendations. Prices for organs to check the scourge of black market trade in organs may seem an attractive proposition but in a country of countless indigent persons, they are bound to result in exploitation of the poor.

Keywords:   organ transplant, harvest of organs, kidney transplant, corneal transplant, brain stem death, MCIR guidelines, authorisation committee, organ theft, non-therapeutic operation

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