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Suggested Revisions to Clarify the Uncertain Impact of Section 7 of the Uniform Anatomical Gift Act on Determinations of Death

Abstract

The practice of removing organs before death (as traditionally defined) is encouraged by the UAGA, since the Act authorizes those determinations of death considered acceptable by the medical profession. Revisions proposed would insure effectuation of the intent of the Act's drafters: judicial reliance on the medical profession to afford standards for the determination of death, and rejection of previous legal definitions of death. They would also prevent the Acts disclaimer clause from being interpreted to exculpate negligent determinations of death.

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11 Ariz. L. Rev. 749 (1969)

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