Some doctors are set to argue against moves towards an organ donation system of presumed consent in the UK. Under presumed consent all people are assumed to be willing to donate their organs unless they have opted out. No part of the UK has introduced such a system yet, although the Welsh assembly favours the idea. However, delegates at the British Medical Association's annual conference in Cardiff will debate later whether the move could damage trust in doctors. Those in favour of presumed consent, which has been supported by the BMA for the last 10 years, believe it would help boost UK donation rates, which, despite recent improvements, still lag behind many other countries.
A 22-stone ex-policeman trying to persuade a health authority to fund obesity surgery started the latest round of his legal fight today. Grandfather Tom Condliff, of Talke, Staffordshire, who is 62 and 6ft 2in, says he needs stomach surgery to save his life. But the North Staffordshire Primary Care Trust (PCT) refuses to fund a laparoscopic gastric bypass operation. In April, the High Court refused to quash the PCT's decision not to provide the surgery. Today, Mr Condliff's lawyers sought to overturn the High Court ruling in the Court of Appeal.
The ‘elusive’ concept of ‘impairment’ was introduced into the General Medical Council's Fitness to Practise Procedures in 2002. Its function was ostensibly to bring all forms of fitness to practise allegations against doctors under a unifying concept and thereby reduce procedural complexity. This paper strives to illuminate the application of ‘impairment’ of fitness to practise with reference to a year of fitness to practise decision making by the General Medical Council (GMC). It concludes that impairment has brought with it a redemptive style of resolving matters of
However, further advances are under threat in the UK from inflexible laws, cumbersome licence requirements and fear of liability. Here we report a sequence of events that led to a UK clinical scientist withdrawing from participation in an international transplant research study in receipt of research ethics approval. We highlight the difficulties encountered and discuss possible solutions which, we believe, would promote legitimate research in the interest of the common good. We also contend that the current human tissue legislation should be replaced by a legal framework more responsive to the importance of scientific innovation for clinical service development in this field.
This paper explores the issue of donation of organs from deceased donors for transplantation into a specified recipient. It argues that proper account should be taken of the principles underlying the Human Tissue Act 2004, which grant the donor a form of proprietary control. Three hypothetical scenarios are then used to draw out the implications of these principles for existing regulatory policy and the common law response to excised human organs. The paper concludes that the law should be understood as recognising ownership in organs removed from living and deceased persons and as offering opposition to the prohibition of directed donation that can only be coherently removed by reform of the 2004 Act.
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