ABSTRACT

Brain-death tests of death, which permit removal of organs from heart-beating but brain-dead sources, allow efficient organ retrieval to occur in a manner consistent with the dead donor rule. The taboo against using nondead donors is so strong that any discussion of altering the rule could stimulate fears that organs will be taken from vulnerable living patients and discourage organ donation. In the case of organ removal from near-dead pediatric patients and anencephalics, the issue between utility and symbolic concerns is squarely posed. The problem of pediatric organ supply will continue to focus attention on the issues and require to compare the symbolic costs and the gains to recipients and families of a change in the dead donor rule in certain narrow circumstances. A major reason for the requirement that the organ donor be dead is to protect the donor from being harmed by organ removal.