ABSTRACT

Argentinean law states that the recipient must be informed of the likely risks and benefits of the procedure. Liability for inadequate disclosure can clearly benefit medicine by providing an impetus for practitioners to fully respect and support patients to make informed, autonomous decisions. The Council of Europe’s Draft Protocol on Organ Transplantation and several jurisdictions such as the Russian Federation and Portugal may obligate the professional to ensure a certain level of understanding is held by the donor through stipulating that donor consent must be informed. Some donors received information from more than one source. Most donors received information from a nephrologist and a considerable number received information from a transplant co-ordinator. Both the prospective donor and recipient must receive not just this information but also the information pertaining to the impact of the intervention and its alternatives upon each other.