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Surrogate Consent for Live Organ Donation
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To the Editor: In their Controversies article, Ms Brown-Saltzman and colleagues1 described a case in which a family made a surrogate decision about organ donation on behalf of a living donor. Although the authors stated that "we are unaware of a legal precedent applicable to this case," there was in fact a related case in Ohio in 1998.2 The patient had been in a coma for 3 weeks and was registered with the state as an organ donor via his automobile driver's license. The judge ruled that a kidney could be removed and given to the patient's brother, on the rationale that the comatose patient's condition was irreversible, he could still live (comatose) with 1 kidney, and there was prior evidence that the patient wanted to be an organ donor.
Katrina A. Bramstedt, PhD
Bioethics@go.com
Cleveland Clinic Foundation
Cleveland, Ohio
1. Brown-Saltzman K, Diamont A, Fineberg IC, et al, UCLA Medical Center Ethics Committee, UCLA Renal Transplant Program. Surrogate consent for living related organ donation. JAMA. 2004;291:728-731.
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2. Lucas County Probate Court Case # GD98-0339, 13 October 1998.
Letters Section Editor: Stephen J. Lurie, MD, PhD, Senior Editor.
JAMA. 2004;291:2077-2078.
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