Transitions in decision-making authority at the end of life: a problem of law, ethics and practice in deceased donation

Then, Shih-Ning and Martin, Dominique E 2020, Transitions in decision-making authority at the end of life: a problem of law, ethics and practice in deceased donation, Journal of medical ethics, pp. 1-6, doi: 10.1136/medethics-2020-106572.

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Title Transitions in decision-making authority at the end of life: a problem of law, ethics and practice in deceased donation
Author(s) Then, Shih-Ning
Martin, Dominique EORCID iD for Martin, Dominique E orcid.org/0000-0001-9363-0770
Journal name Journal of medical ethics
Start page 1
End page 6
Total pages 6
Publisher BMJ Publishing Group
Place of publication London, Eng.
Publication date 2020-11-27
ISSN 0306-6800
1473-4257
Keyword(s) Decision-making
Donation/Procurement of Organs/Tissues
End-of-life
Ethics
Law
health law
medical ethics
bioethics
organ donation
end of life care
Summary Where a person is unable to make medical decisions for themselves, law and practice allows others to make decisions on their behalf. This is common at the end of a person’s life where decision-making capacity is often lost. A further, and separate, decision that is often considered at the time of death (and often preceding death) is whether the person wanted to act as an organ or tissue donor. However, in some jurisdictions, the lawful decision-maker for the donation decision (the ‘donation decision-maker’) is different from the person who was granted decision-making authority for medical decisions during the person’s life. To date, little attention has been given in the literature to the ethical concerns and practical problems that arise where this shift in legal authority occurs. Such a change in decision-making authority is particularly problematic where premortem measures are suggested to maximise the chances of a successful organ donation. This paper examines this shift in decision-making authority and discusses the legal, ethical and practical implications of such frameworks.
Notes In press
Language eng
DOI 10.1136/medethics-2020-106572
Indigenous content off
Field of Research 1199 Other Medical and Health Sciences
1801 Law
2201 Applied Ethics
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30144122

Document type: Journal Article
Collections: Faculty of Health
School of Medicine
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