ABSTRACT
Two contemporary strategies in cadaver organ transplantation, both with the potential to affect significantly expanding organ transplant waiting list sizes, have evolved: elective ventilation (EV) and use of nonheart-beating donors (NHBDs). This chapter examines whether implementation of any of the above protocols implicates any "harm" in legal or ethical terms to such organ donors. It explores the crucial link between notions of dignity and the rights of autonomy of the individual, and seeks to resolve the ethical and legal dilemmas raised by these new initiatives. The chapter considers the legal aspects of EV and NHBD protocols and then explores the same practices from an ethical perspective. It offers general comments and observations regarding these protocols, suggests the way forward for debate and for practical resolution of some of the difficulties here, and then considers the need for legislation.
