Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-30T18:59:43.588Z Has data issue: false hasContentIssue false

Commentary: Organ Retrieval from Anencephalic Infants: Understanding the AMA's Recommendations

Published online by Cambridge University Press:  01 January 2021

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1995

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

American Medical Association, Council on Ethical and Judicial Affairs, “The Use of Anencephalic Neonates as Organ Donors,” JAMA, 273 (1995): 1614–18.CrossRefGoogle Scholar
Orentlicher, D., “The Influence of a Professional Organization on Physician Behavior,” Albany Law Review, 57 (1995): 583605.Google Scholar
AMA, supra note 1, at 1617.Google Scholar
Id. at 1617–18.Google Scholar
Id. at 1614.Google Scholar
Kolata, G., “Donating Organs of Anencephalic Babies Is Backed,” New York Times, May 24, 1995, at C13.Google Scholar
Weisman, C.S. et al., “Practice Changes in Response to the Malpractice Litigation Climate,” Medical Care, 27 (1989): 1624.Google Scholar
Orentlicher, D., “The Limitations of Legislation,” Maryland Law Review, 53 (1994): Esp. at 1280–301; Orentlicher, D., “The Illusion of Patient Choice in End-of-Life Decisions,” JAMA, 267 (1992): 2101–04; and Asch, D.A. Hansen-Flaschen, J. Lanken, P.N., “Decisions to Limit or Continue Life-Sustaining Treatment by Critical Care Physicians in the United States: Conflicts Between Physicians' Practices and Patients' Wishes,” American Journal of Respiratory and Critical Care Medicine, 151 (1995): 288–92.Google Scholar
Goldman, G.M. Stratton, K.M. Brown, M.D., “What Actually Happened: An Informed Review of the Linares Incident,” Law, Medicine & Health Care, 17 (1989): 298307.CrossRefGoogle Scholar
Indeed, in a recent study that looked at actual practices of physicians rather than reporting of practices by physicians, researchers did not find evidence for a link between tort liability and “defensive medicine.” This study found no increase in the use of prenatal resources or cesarean deliveries for low-risk patients by obstetricians who had a history of being sued for malpractice or who practiced in a county with a relatively high rate of malpractice suits being filed by patients. Baldwin, L.-M. et al., “Defensive Medicine and Obstetrics,” JAMA, 274 (1995): 1606–10.CrossRefGoogle Scholar
Hutchinson, A.C. Monahan, P.J., “Law, Politics, and the Critical Legal Scholars: The Unfolding Drama of American Legal Thought,” Stanford Law Review, 36 (1984): At 206.CrossRefGoogle Scholar
Orentlicher, (1994), supra note 10, at 1304–05; Orentlicher, (1992), supra note 10, at 2104; and Veatch, R.M., “Abandoning Informed Consent,” Hastings Center Report, 25, no. 2 (1995): 512.Google Scholar