MEDICAL AND LEGAL ASPECTS OF TRANSPLANTATION

Abstract

in the context of current tendencies in the field of research of Medical Law, the author of the paper examines the issue of transplantations ex vivo and transplantations ex mortuo. Removal of organs or tissue from a living person for transplantation purposes may be carried out solely for the therapeutic benefit of the recipient and where there is no suitable organ or tissue available from a deceased person and no other alternative therapeutic method of comparable effectiveness. The person who wrongfully removes the organ, tissue or cell from the living person, or who wrongfully procures for himself or another such organ, tissue or cell, shall be criminally liable. Also the person who unlawfully procures for himself or another person the organ, tissue or cell from a dead body, shall be criminally liable. The human bod and its parts shall not, as such, give rise to financial gain. As in the past also at the present, the issue of the transplantations is highly topical one.