TY - JOUR
T1 - Who controls the uses of organs after death? Law in the books, law in practice and the view of the people
AU - Naffine, Ngaire
AU - Richards, Bernadette
AU - de Lacey, Sheryl
AU - Braunack-Mayer, Annette
AU - Rogers, Wendy
PY - 2012/12
Y1 - 2012/12
N2 - The conventional wisdom is that we are free to dispose of our organs at death and that they will be employed according to our wishes. However, this reflects neither the formal law nor medical practice. This article explores the theory underlying the principle of self-determination after death. It presents an overview of Australian law and the way that the law is interpreted in clinical practice. It then presents the results of a community survey on organ disposition, and identifies a gap between community expectations and the current operation of Australian law. It concludes with some specific recommendations for development of the law to align it more closely with contemporary community views.
AB - The conventional wisdom is that we are free to dispose of our organs at death and that they will be employed according to our wishes. However, this reflects neither the formal law nor medical practice. This article explores the theory underlying the principle of self-determination after death. It presents an overview of Australian law and the way that the law is interpreted in clinical practice. It then presents the results of a community survey on organ disposition, and identifies a gap between community expectations and the current operation of Australian law. It concludes with some specific recommendations for development of the law to align it more closely with contemporary community views.
UR - http://www.scopus.com/inward/record.url?scp=84875883576&partnerID=8YFLogxK
M3 - Article
C2 - 23431848
AN - SCOPUS:84875883576
VL - 20
SP - 295
EP - 305
JO - Journal of Law and Medicine
JF - Journal of Law and Medicine
SN - 1320-159X
IS - 2
ER -