Deficiencies and shortfalls in the supply of human organs for transplantation and human tissue for research generate policy dilemmas across the world and have often given rise to major and deleterious controversies, such as those relating to organ and tissue retention practices following post-mortem examination. They also create an environment in which illegitimate commercial activities flourish. At the same time, patients are denied the therapy they desperately require and researchers are impeded from carrying out vital work into the causes of, and efficacious treatments for, major illnesses and diseases. David Price sets out a clear and integrated legal and policy framework which emanates from the tissue source but protects the interests of donors and relevant professionals through tailored property entitlements, but without presupposing rights to trade in 'original' materials.
David Price is Professor of Medical Law at De Montfort University, Leicester, where his research focuses on areas relating to human tissue for medical purposes. He was very recently a member of the Secretary of State's Organ Donation Taskforce examining presumed consent and previously a member of a World Health Organisation Taskforce on Organ Transplantation. He is a member of the European Expert Group Relating to Ethical, Legal and Psychosocial Aspects of Organ Transplantation and a member of the Editorial Board of the Medical Law Review.
Introduction; 1. Human biological materials; 2. Interests in the living body and corpse; 3. Eliciting wishes; 4. Consent to donation; 5. Presumed consent; 6. Informed consent; 7. Living donation; 8. Property in human material; 9. Conclusion.