Do donation after cardiac death protocols violate criminal homicide statutes?

Joan McGregor, Joseph L. Verheijde, Mohamed Y. Rady

Research output: Contribution to journalArticle

9 Citations (Scopus)

Abstract

It is widely known that there is a tremendous shortage of organs for transplantation. In an attempt to increase the number of organ donations, the Institute of Medicine (IOM) in its 1997 and 2000 reports and United States Department of Health and Human Services, recommended the promotion of programs for Donation after Cardiac Death (DCD). DCD involves the withdrawal of life support from the patient/donor. After cardiac arrest the patient is declared dead and in 2 to 5 minutes the surgeons begin to remove the organs for transplantation. In this paper, we explore the question whether the protocols for DCD violate states' criminal homicide statutes since the patient is not dead at the time of procurement. After investigating of the homicide rules, the Uniform Determination of Death Act and the protocols for DCD, we conclude by arguing that the DCD likely violates criminal homicide rules.

Original languageEnglish (US)
Pages (from-to)241-257
Number of pages17
JournalMedicine and Law
Volume27
Issue number2
StatePublished - Jun 2008

Fingerprint

Homicide
donation
statute
homicide
death
Organ Transplantation
United States Dept. of Health and Human Services
organ donation
National Academies of Science, Engineering, and Medicine (U.S.) Health and Medicine Division
Tissue and Organ Procurement
Heart Arrest
withdrawal
shortage
promotion
act
Tissue Donors
medicine
health

Keywords

  • Consent
  • Criminal law
  • Donation after cardiac death
  • Homicide
  • Non heart-beating donor
  • Organ donation

ASJC Scopus subject areas

  • Pathology and Forensic Medicine

Cite this

Do donation after cardiac death protocols violate criminal homicide statutes? / McGregor, Joan; Verheijde, Joseph L.; Rady, Mohamed Y.

In: Medicine and Law, Vol. 27, No. 2, 06.2008, p. 241-257.

Research output: Contribution to journalArticle

McGregor, Joan ; Verheijde, Joseph L. ; Rady, Mohamed Y. / Do donation after cardiac death protocols violate criminal homicide statutes?. In: Medicine and Law. 2008 ; Vol. 27, No. 2. pp. 241-257.
@article{e1a9178fae444b51b3b9a09f021b6884,
title = "Do donation after cardiac death protocols violate criminal homicide statutes?",
abstract = "It is widely known that there is a tremendous shortage of organs for transplantation. In an attempt to increase the number of organ donations, the Institute of Medicine (IOM) in its 1997 and 2000 reports and United States Department of Health and Human Services, recommended the promotion of programs for Donation after Cardiac Death (DCD). DCD involves the withdrawal of life support from the patient/donor. After cardiac arrest the patient is declared dead and in 2 to 5 minutes the surgeons begin to remove the organs for transplantation. In this paper, we explore the question whether the protocols for DCD violate states' criminal homicide statutes since the patient is not dead at the time of procurement. After investigating of the homicide rules, the Uniform Determination of Death Act and the protocols for DCD, we conclude by arguing that the DCD likely violates criminal homicide rules.",
keywords = "Consent, Criminal law, Donation after cardiac death, Homicide, Non heart-beating donor, Organ donation",
author = "Joan McGregor and Verheijde, {Joseph L.} and Rady, {Mohamed Y.}",
year = "2008",
month = "6",
language = "English (US)",
volume = "27",
pages = "241--257",
journal = "Medicine and Law",
issn = "0723-1393",
publisher = "Yozmot Ltd",
number = "2",

}

TY - JOUR

T1 - Do donation after cardiac death protocols violate criminal homicide statutes?

AU - McGregor, Joan

AU - Verheijde, Joseph L.

AU - Rady, Mohamed Y.

PY - 2008/6

Y1 - 2008/6

N2 - It is widely known that there is a tremendous shortage of organs for transplantation. In an attempt to increase the number of organ donations, the Institute of Medicine (IOM) in its 1997 and 2000 reports and United States Department of Health and Human Services, recommended the promotion of programs for Donation after Cardiac Death (DCD). DCD involves the withdrawal of life support from the patient/donor. After cardiac arrest the patient is declared dead and in 2 to 5 minutes the surgeons begin to remove the organs for transplantation. In this paper, we explore the question whether the protocols for DCD violate states' criminal homicide statutes since the patient is not dead at the time of procurement. After investigating of the homicide rules, the Uniform Determination of Death Act and the protocols for DCD, we conclude by arguing that the DCD likely violates criminal homicide rules.

AB - It is widely known that there is a tremendous shortage of organs for transplantation. In an attempt to increase the number of organ donations, the Institute of Medicine (IOM) in its 1997 and 2000 reports and United States Department of Health and Human Services, recommended the promotion of programs for Donation after Cardiac Death (DCD). DCD involves the withdrawal of life support from the patient/donor. After cardiac arrest the patient is declared dead and in 2 to 5 minutes the surgeons begin to remove the organs for transplantation. In this paper, we explore the question whether the protocols for DCD violate states' criminal homicide statutes since the patient is not dead at the time of procurement. After investigating of the homicide rules, the Uniform Determination of Death Act and the protocols for DCD, we conclude by arguing that the DCD likely violates criminal homicide rules.

KW - Consent

KW - Criminal law

KW - Donation after cardiac death

KW - Homicide

KW - Non heart-beating donor

KW - Organ donation

UR - http://www.scopus.com/inward/record.url?scp=48049084323&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=48049084323&partnerID=8YFLogxK

M3 - Article

C2 - 18693480

AN - SCOPUS:48049084323

VL - 27

SP - 241

EP - 257

JO - Medicine and Law

JF - Medicine and Law

SN - 0723-1393

IS - 2

ER -