Abstract

MENDOZA, Fernán del C. Ethical and legal aspects of heart transplant. Rev. Col. Cardiol. [online]. 2007, vol.14, n.5, pp.259-275. ISSN 0120-5633.

Cardiac transplant is the treatment of choice for patients with refractory cardiac failure. There are clear indications from the medical point of view to perform the transplant, but locally and world - wide there are problems due to the scarce number of donors. In order to perform a cardiac transplant, the donor must meet criteria for encephalic death. This is diagnosed when there is irreversible absence of the brain stem functions, determined by a clinical examination. Despite the existing controversies about the moment when a person dies, every time there is more clarity over this matter. There are other bioethical problems related to transplants, such as donation (some people during life state their will and autonomy to become donors, some others not), organ distribution, and organ and tissue trading. From the legal and ethical point of view, it is forbidden to gratify or pay the living donor, the dead donor’s family, the tissue or bone marrow bank, the hospitals, or the insurance companies for the donation or supplying of human organs or tissues. The promotion of the donation and obtainment of anatomical components must be performed stating their voluntary, altruistic and unselfish character. The principle of justice must stand out, excluding any unfair consideration of geographical, racial, sexual, or religious nature. Organs must be distributed based on medical criteria, looking for the most suitable use of the donated organ, based on a fair management, having always as a principle the respect of life and human dignity.

Keywords : heart transplant; encephalic death; donation; cardiac failure; donor; receptor; bioethics.

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