The dead donor rule

Hasting Center Report

Volumn 29, Issue 6, 1999, Pages 6-14

  Robertson, John A ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

ANENCEPHALUS; ARTICLE; BRAIN DEATH; CADAVER; DEATH AND EUTHANASIA; HEALTH CARE AND PUBLIC HEALTH; HUMAN; LEGAL ASPECT; MEDICAL ETHICS; NEWBORN; NURSE ATTITUDE; PRISONER; RISK ASSESSMENT; TRANSPLANTATION; TREATMENT WITHDRAWAL; UNITED STATES;

DEATH AND EUTHANASIA; HEALTH CARE AND PUBLIC HEALTH;

ANENCEPHALY; BRAIN DEATH; CADAVER; ETHICS, MEDICAL; HUMANS; INFANT, NEWBORN; NURSE'S ROLE; PRISONERS; RISK ASSESSMENT; TISSUE AND ORGAN PROCUREMENT; UNITED STATES; WITHHOLDING TREATMENT;

EID: 0033217135     PISSN: 00930334     EISSN: None     Source Type: Journal    
DOI: 10.2307/3527865     Document Type: Article

References (47)

1. American Medical Association, Council on Ethical and Judicial Affairs, "The Use of Anencephalic Infants as Organ Donors: A Critique," JAMA 273 (1995): 1614-18;
2. Laura-Hill M. Patton, "A Call for Common Sense: Organ Donation and the Executed Prisoner," Virginia Journal of Social Policy & Law 3 (1996): 387-434;
3. Stuart J. Youngner and Robert M. Arnold, "Ethical, Psychological, and Public Policy Implications of Procuring Organs from Non-Heart-Beating Oonois,"JAMA 269 (1993): 2769-74.
4. John Harris, "Survival Lottery," Philosophy 50 (1995): 81-87.
5. William J. Curran and Ward Casscells, "The Ethics of Medical Participation in Capital Punishment by Intravenous Drug Injection," NEJM 302 (1980): 226-30;
6. American Medical Association, Council on Ethical and Judicial Affairs, "Physician Participation in Capital Punishment," JAMA 270 (1993): 365-68;
7. Robert D. Truog and Troyen A. Brennan, "Participation of Physicians in Capital Punishment," NEJM 329 (1993): 1346-50;
8. American College of Physicians, Breach of Trust: Physician Participation in Executions in the United States (Philadelphia: American College of Physicians, 1994).
9. Stuart J. Youngner, personal communication.
10. Presidents Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, Defining Death (Washington, D.C.: U.S. Government Printing Office, 1981);
11. James L. Bernat, "A Defense of the Whole-Brain Concept of Death," Hastings Center Report 28, no. 2 (1998): 14-23.
12. Bernat, "A Defense," p. 17.
13. Amir Halevy and Baruch Brody, "Brain Death: Reconciling Defintions, Criteria, and Tests," Annals of Internal Medicine 119 (1993): 519-25.
14. Bernat, "A Defense," p. 18.
15. Stuart J. Youngner, Martha Allen, Edward T. Bartlett et al., "Psychological and Ethical Implications of Organ Retrieval," NEJM 313 (1985): 321-23.
16. Arthur L. Caplan, "Is Xenografting Morally Wrong?" Transplant Proceeding 24 (1992): 722-27.
17. "Anencephalic Infants: A Source of Controversy" [Symposium], Hastings Center Report 18, no. 4 (1988): 5-34.
18. Medical Task Force on Anencephaly, "The Infant with Anencephaly," NEJM 322 (1990): 669-74.
19. Child Abuse Amendments of 1984, codified at 42 U.S.CA 5102, 5106, 5111-5113, 5115 (West Supp. 1998).
20. John A. Fletcher, Michael R. Harrison, and John A. Robertson, "Primates and Anencephalic Infants as Sources for Pediatric Organ Transplants," Fetal Therapy 1 (1996): 150-64.
21. D. Alan Shewmon, Alexander M. Capron, Warwick J. Peacock, Barbara L. Schulman, "The Use of Anencephalic Infants: A Critique," JAMA 261 (1989): 1773-81.
22. Diane M. Giannelli, "Ethics Council Reverses Stand on Anencephalic Organ Donors," American Medical News, 25 December 1995, p. 3.
23. In re T.A.C.P., 609 So.2d 588 (Fla. 1992).
24. George Lardner, "74 Executions This Year: The Most Since 1995," Seattle Times, 15 December 1997.
25. Jack Kevorkian, the former pathologist who has challenged laws against assisted suicide, first proposed the idea in 1985. See Jack Kevorkian, "Medicine, Ethics, and Execution by Lethal Injection," Medicine & Law 4 (19850: 307-312.
26. Patton, "A Call for Common Sense."
27. Vernon's Ann. Texas Code Criminal Procedure Art. 43.25 (West, 1998).
28. "Condemned Man Is Hoping to Save the Lives of Others; He Seeks to Donate His Organs for Transplant after Execution," Dallas Morning News 25 October 1993.
29. Patton, "A Call for Common Sense."
30. Curran and Cascells, "The Ethics of Medical Participation in Capital Punishment"; American Medical Association, "Physician Participation in Capital Punishment";
31. Truog and Brenan, "Participation of Physicians in Capital Punishment"; American College of Physicians, Breach of Trust.
32. Institute of Medicine, Non-Heart-Beating Organ Transplantation: Medical and Ethical Issues in Procurement (Washington, D.C.: National Academy of Sciences, 1997), p. 20.
33. Institute of Medicine, Non-Heart-Beating Organ Transplantation; University of Pittsburgh Medical Center, "Policy for the Management of Terminally Ill Patients Who May Become Organ Donors after Death."
34. April 1992, Pittsburgh, Pennsylvania.
35. Conference on Ethical, Psychosocial, and Public Policy Implications of Recovering Organs from NHBCDs, 10 October 1992, University of Pittsburgh Medical Center, Pittsburgh, Pennsylvania; "Non-Heart-Beating Donor Protocols to Increase Organ Donation" [Special Issue], Kennedy Institute of Ethics Journal 23 (1993): 1-262.
36. Institute of Medicine, Non-Heart-Beating Organ Transplantation.
37. Gina Kolata, "Controversy Erupts over Organ Removals," New York Times, 13 April 1997.
38. Institute of Medicine, Non-Heart-Beating Organ Transplantation.
39. Youngner and Arnold, "Ethical, Psychological, and Public Policy Implications"; Institute of Medicine, Non-Heart-Beating Organ Transplantation.
40. Institute of Medicine, Non-Heart-Beating Organ Transplantation;
41. James F. Childress, "Non-Heart-Beating Donors of Organs: Are the Distinctions between Direct and Indirect Effects and between Killing and Letting Die Relevant and Helpful?" Kennedy Institute of Ethics Journal 3 (1993): 203-216.
42. Kolata, "Controversy Erupts."
43. Childress, "Non-Heart-Beating Donors of Organs," p. 211.
44. Institute of Medicine, Non-Heart-Beating Organ Transplantation, p. 52.
45. Stuart J. Youngner, Robert M. Arnold, Michael DeVita, "Issues in Determination of Death in Non-Heart-Beating Donor Protocols." Unpublished manuscript prepared for the Institute of Medicine Committee on Non-Heart-Beating Organ Donation.
46. Youngner, Arnold, DeVita, "Issues in Determination of Death."
47. Robert M. Veatch, "The Impending Collapse of the Whole-Brain Definition of Death," Hastings Center Report 23, no. 4 (1993): 18-24.