[Legal aspects of modern transplantation surgery].
The legal and legislative aspects of transplant surgery in reunified Germany have been the subject of intense and even fierce discussions both recently and at the present time. Legally, the situation in Germany is not governed by specific laws and the reunification of Germany has posed new problems since the codification of transplantation that had been practised in the former German Democratic Republic is still valid in what are now the new Federal Laender. As a result, uniform legislation is more imperative than ever for the benefit of all the involved physicians, hospitals and patients. Independent of the models that have been proposed in the past for solving this legal tangle it has been overlooked that the so-called "extended consent" solution would not only fully take into account the self-determination of the individual but would also appeal to the civic responsibility of the citizen, i.e. his social duties within the community. Hence, the new German legislative body must face the challenge to have the courage to arrive at a clear and positively legal assessment of values and a uniform regulation governing this highly sensitive complex to do justice to the needs of modern transplant medicine. While doing so, whatever has been laid down in the Constitution must not suffer should there be any collision with fundamental rights; maximum agreement with these must therefore be aimed at.
Hümmerich
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D002102:Cadaver; D005858:Germany; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D014019:Tissue Donors / Q000331:legislation & jurisprudence*; D009927:Tissue and Organ Procurement / Q000331:legislation & jurisprudence; D014180:Transplantation / Q000331:legislation & jurisprudence*
Rechtliche Aspekte moderner Transplantationschirurgie.