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Elective ventilation for organ donation: law, policy, and public ethics

Elective ventilation for organ donation: law, policy, and public ethics
Elective ventilation for organ donation: law, policy, and public ethics
This paper examines questions concerning elective ventilation, contextualised within English law and policy. It presents the general debate with reference both to the Exeter Protocol on elective ventilation, and the considerable developments in legal principle since the time that that protocol was declared to be unlawful. I distinguish different aspects of what might be labelled elective ventilation policies under the following four headings: ‘basic elective ventilation’; ‘epistemically complex elective ventilation’; ‘practically complex elective ventilation’; and ‘epistemically and practically complex elective ventilation’. I give a legal analysis of each. In concluding remarks on their potential practical viability, I emphasise the importance not just of ascertaining the legal and ethical acceptability of these and other forms of elective ventilation, but also of assessing their professional and political acceptability. This importance relates both to the successful implementation of the individual practices, and to guarding against possible harmful effects in the wider efforts to increase the rates of posthumous organ donation.
1473-4257
130-134
Coggon, John
192d1511-cd81-45f4-8748-c398b74949b9
Coggon, John
192d1511-cd81-45f4-8748-c398b74949b9

Coggon, John (2013) Elective ventilation for organ donation: law, policy, and public ethics. Journal of Medical Ethics, 39 (3), 130-134. (doi:10.1136/medethics-2012-100992). (PMID:23222143)

Record type: Article

Abstract

This paper examines questions concerning elective ventilation, contextualised within English law and policy. It presents the general debate with reference both to the Exeter Protocol on elective ventilation, and the considerable developments in legal principle since the time that that protocol was declared to be unlawful. I distinguish different aspects of what might be labelled elective ventilation policies under the following four headings: ‘basic elective ventilation’; ‘epistemically complex elective ventilation’; ‘practically complex elective ventilation’; and ‘epistemically and practically complex elective ventilation’. I give a legal analysis of each. In concluding remarks on their potential practical viability, I emphasise the importance not just of ascertaining the legal and ethical acceptability of these and other forms of elective ventilation, but also of assessing their professional and political acceptability. This importance relates both to the successful implementation of the individual practices, and to guarding against possible harmful effects in the wider efforts to increase the rates of posthumous organ donation.

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More information

e-pub ahead of print date: 7 December 2012
Published date: March 2013
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 358323
URI: http://eprints.soton.ac.uk/id/eprint/358323
ISSN: 1473-4257
PURE UUID: 2afeba42-58ed-4374-b20d-7f1378dc6eeb

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Date deposited: 09 Oct 2013 13:58
Last modified: 14 Mar 2024 15:03

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Author: John Coggon

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