A REVIEW OF LEGAL VACUUMS IN THE ISSUE OF TRANSPLANTING ORGANS TAKEN FROM BRAIN DEAD PATIENTS

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SAGHI ELAHEH; HASHEMI TONEKABONI SEYYED MOUSA

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Journal: Iranian Journal of Forensic Medicine Year:2017 | Volume:23 | Issue:1 Page(s): 61-67

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Information Journal Paper

Title

A REVIEW OF LEGAL VACUUMS IN THE ISSUE OF TRANSPLANTING ORGANS TAKEN FROM BRAIN DEAD PATIENTS

Author(s)

SAGHI ELAHEH | HASHEMI TONEKABONI SEYYED MOUSA | Issue Writer Certificate

Keywords

BRAIN DEATHQ3

ORGAN TRANSPLANTATIONQ1

LEGAL VACUUMSQ1

LEGAL SOLUTIONSQ1

Abstract

Background: One of the new and important medical issues in treatment of patients is harvesting organs from braindead patients to be transplanted into patients in need. The issue of transplanting organs harvested from brain-dead patients is one of the emerging issues, with many positive and negative potential consequences and therefore it should be regulated by legislation. In this respect, the legislator has decided to regulate the issue of ORGAN TRANSPLANTATION by providing a legal act that was ratified in 2001. Although the legislation could eliminate some ambiguities in this regard, but in practice, there are still some weaknesses and ambiguities in the law. This article examines the gaps and shortcomings of that law regarding organ transplants taken from brain dead patients and provides suggestions in order to reduce legal problems of the emerging efforts in this relatively new field of medicine.Methods: Literature review, descriptive methods and, when necessary, expert opinions, mainly collected through interviews with experts of the field, were used to explain and analyze the relevant issues.Results: The ORGAN TRANSPLANTATION law deals with issues such as a person’s will to donate organs, consent of the donor’s relatives for donating the organs and ascertainment regarding occurrence of BRAIN DEATH. Although the act has been relatively useful, there are such shortcomings in it that cause many problems for its application in practice (e.g. not recognizing the organ donation card as a proof for consent, not determining the exact time of death in brain dead patients, not determining the consequences in cases of refusal to give consent by relatives or cases regarding unidentified brain dead patients.Although the most effective and important way to solve these problems includes revision, correction and completion of the existing law, obtaining the legal permission issued by the supreme leader or his representative in this regard (e.g. about unidentified brain dead patients) may be considered as a quick solution.

Cites

Knowledge and Attitude of Clients and Staff of Shohadaye-Khalije-Fars Hospital Towards Decision Making on Organ Donation

References

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APA: Copy

SAGHI, ELAHEH, & HASHEMI TONEKABONI, SEYYED MOUSA. (2017). A REVIEW OF LEGAL VACUUMS IN THE ISSUE OF TRANSPLANTING ORGANS TAKEN FROM BRAIN DEAD PATIENTS. SCIENTIFIC JOURNAL OF FORENSIC MEDICINE, 23(1), 61-67. SID. https://sid.ir/paper/53491/en

Vancouver: Copy

SAGHI ELAHEH, HASHEMI TONEKABONI SEYYED MOUSA. A REVIEW OF LEGAL VACUUMS IN THE ISSUE OF TRANSPLANTING ORGANS TAKEN FROM BRAIN DEAD PATIENTS. SCIENTIFIC JOURNAL OF FORENSIC MEDICINE[Internet]. 2017;23(1):61-67. Available from: https://sid.ir/paper/53491/en

IEEE: Copy

ELAHEH SAGHI, and SEYYED MOUSA HASHEMI TONEKABONI, “A REVIEW OF LEGAL VACUUMS IN THE ISSUE OF TRANSPLANTING ORGANS TAKEN FROM BRAIN DEAD PATIENTS,” SCIENTIFIC JOURNAL OF FORENSIC MEDICINE, vol. 23, no. 1, pp. 61–67, 2017, [Online]. Available: https://sid.ir/paper/53491/en

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