Selasa, 29 Maret 2011

New Case - Arthur Johnson III v. Charlotte Regional Medical Center

On Thursday, 19-year old Florida resident Arthur Johnson III was shot in the head.  He was declared dead and Charlotte Regional Medical Center prepared to harvest his organs consistent with his prior consent.  (Herald Tribune)  But Arthur's parents protested.  They wanted a "second opinion on whether he was actually brain-dead or if he could have recovered."  But the parents were unable to obtain a second opinion and, this afternoon, consented to stopping life support.  Arthur’s parents also objected to the organ procurement.  


As if the case were not sad enough, the Herald-Tribune reports that "Lifelink, the group that handles organ donations in Southwest Florida, typically does not proceed with harvesting if surviving family members object."  Lifelink apparently followed that policy in this case.  Apparently, Arthur had consented to organ donation.  Under Florida law and the law in almost every other state, his parents' consent was not required.  Moreover, the OPO should not allow the parents to "modify, deny, or prevent a donor's wish or intent to make an anatomical gift after the donor's death."  Fla. Stat. Ann. 765.512.


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