Aspectos éticos y jurídicos del trasplante de órganos. La especialidad de la donación en asistolia

Resumen

The development of transplant activity has been supported in Spain by the principles of consequentialist ethics, being so in medical circles as much as about political decisions. Therefore, current regulation shows doubtful issues concerning respect to basic principles of State of Right, like rule of law, legal certainty and normative hierarchy. Spanish health authorities have recently implemented a switch on transplants strategy in order to transform non-heart-beating donation an alternate solution to shortage of organs for transplantation. This article considers whether this extension can be suitable with maintaining presumed consent as an unchanged principle for all donations.