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KMID : 1025620040070020189
Korean Journal of Medical Ethics
2004 Volume.7 No. 2 p.189 ~ p.197
Legal and Ethical Considerations on the Brain Death Decision Committee
Um Young-Rhan

Abstract
Most organ transplants have been effected by living donors rather than the dead in Korea. Lack of organs is also a serious problem. The Human Organ Transplant Law is an obstacle to harvest organs from the dead. The author tries to show the limitations and ethical considerations of the brain death decision committee with regard to the Human Organ Transplant Law.
These concerns are :
1. The impact of committee role overlaps in deciding brain death and assuring ethical affairs;
2. The committee causes delays in harvesting organs from donors, thus, donors endure unnecessary maintenance such as medication, artificial respiration, and heart function;
3. By laws, family member and physician can request for a decision of brain death. It is, however, important to confirm the will of donors in advance.
The author suggests the following :
1. Divide the roles of the committee into two categories. One for physicians to approve brain death, the other an ethics committee to examine ethical affairs such as verifying donor consent.
2. Convene a committee meeting between the first and the second brain death examination.
3. Clarify donor consent verification protocol. Chances to obtain consent should be seized before loss of competency.
KEYWORD
The brain death decision committee, Examine brain death, Perspective of donors
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