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The Determination of Death in the Context of Organ Transplantation

Swiss Academy of Medical Sciences
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Abstract
"Since 1 July 2007, the legal requirements for organ transplantation in Switzerland have been specified at the national level in the Federal Act on the Transplantation of Organs, Tissues and Cells (Transplantation Act) 1 . As regards the criteria for death, the Act relies on the neurological definition, according to which a person is dead if all functions of his brain 2 , including the brainstem, have ceased irreversibly. For the determination of death, the Transplantation Ordinance makes reference to the SAMS guidelines on «The Determination of Death in the Context of Organ Transplantation». Legislators have thus made, not the definition of death, but the regulations for its proper determination subject to the current state of medical science. After death has been determined, organs may be removed if consent has been previously given by the donor or surrogate consent is obtained from authorized third parties (the so-called extended consent solution)." (p. 3)
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Preprint
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2011
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With permission of the license/copyright holder
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