A legal assessment of the impact of the Human Tissue Act 2004 upon unplanned non-heart beating donation and elective ventilation

Sangster, Catriona (2007) A legal assessment of the impact of the Human Tissue Act 2004 upon unplanned non-heart beating donation and elective ventilation. PhD thesis, University of Liverpool.

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Abstract

This thesis addresses the development and scope of the law in England relating to unplanned non-heart beating donation and elective ventilation in providing a source of solid organs for transplantation from adult donors. The thesis analyses the legality of both preservation strategies under the Human Tissue Act 1961 and the Human Tissue Act 2004, and considers the interaction between organ preservation law and coroniallaw. The thesis is divided into three parts. Part one introduces some preliminary aspects of the English cadaveric donation system. Chapter one defines the scope ofthe thesis. Chapter two discusses the legal regulation of cadaveric donation, considering different mechanisms for providing consent and facilitating trust and accountability in the system, and some of the ethical and social factors which impact upon the preservation strategies. Chapter three outlines the development of brain and cardio-pulmonary criteria in defining death and the consequent impact on sources and availability of organ donors. It considers the impact ofprevious corpse related legislation and societal views on the development ofthe Human Tissue Act 2004. Part two of the thesis considers the legal position ofelective ventilation and unplanned non-heart beating donation under the Human Tissue Act 1961 and the role of the Coroner, in chapters four and five respectively. Part three critically analyses the attempts made by the Human Tissue Act 2004 to expand the donor pool. Chapter six introduces the HTA 2004, providing a summary of the new transplantation provisions contained within HTA 2004 and considers the impact of the Alder Hey Inquiry in shaping the legislation. Chapter seven focuses upon the legal status ofNHBD in light of the provisions contained in s.43 of the 2004 Act considering what preservation steps are pennitted, where they can be prefonned and who can carry them out. Chapter eight analyses the possibility of 'elective ventilation being pennissible under s.43. Chapter nine evaluates further s.43 from a theoretical perspective. It considers the effect of s.43 on systems of trust and accountability within the organ donation paradigm, focusing on the role of the Coroner. Finally, chapter ten draws together the main thematic issues in an attempt to fo~ecast the overall effectiveness of s.43.

Item Type:	Thesis (PhD)
Depositing User:	Symplectic Admin
Date Deposited:	20 Oct 2023 09:24
Last Modified:	20 Oct 2023 09:47
DOI:	10.17638/03174388
Copyright Statement:	Copyright © and Moral Rights for this thesis and any accompanying data (where applicable) are retained by the author and/or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3174388