[Organ transplants in Israel under the anatomy and pathology law].
The Anatomy and Pathology Law, as amended in 1980, granted some considerations of the deceased's family's feelings regarding transplants of cadavers. However, the law granted a special standing to the deceased's wishes. When the deceased left a written consent or objection, his/her wish overrides the family's feelings or wishes. Had he/she left a written consent, the transplant is permitted despite any objection raised by the family, and when he left a written objection, his objection overrides any consent signed by a family member, except in emergency situations as prescribed in the law. When the deceased has not left any written document regarding his wishes, the law distinguishes between transplants to save life or healing only. In most cases the law refers to "saving life" in a very broad meaning, including use of kidneys, corneas, any other parts of the corpse in order to prevent a defect in sight or hearing, and skin tissues. In these cases, a notice of intention for removal of a cadaver for transplant, should be given to a member of the family, and the removal is permitted as long as there is no written objection signed by a parent, a spouse or a child, submitted during a limited period. There is no need for a written consent of the family and any demand for such consent is against the law. To abstain from removing an organ for transplant in case of "saving life" when permitted by law, may create a breach of duty to save life and professional negligence.
Frenkel
David A
DA
Guildford Glazer School of Business and Management, Ben-Gurion University of the Negev, Beer Sheba Ethics Committee, Soroka Medical Centre, Beer Sheba. dfrenkel@bgu.ac.il
D000715:Anatomy; D006801:Humans; D007557:Israel; D016377:Organ Transplantation / Q000331:legislation & jurisprudence / Q000473:pathology* / Q000706:statistics & numerical data*