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바이오장기 이식에 있어서 환자의 동의Informed Consent in Xenotransplantation

Other Titles
Informed Consent in Xenotransplantation
Authors
정규원
Issue Date
Dec-2010
Publisher
한양대학교 법학연구소
Keywords
Xenotransplantation; Bioethics and Safety Act; Informed Consent; Understanding; Voluntariness; 바이오장기연구; 생명윤리및안전에관한법률; 충분한 설명에 근거한 동의; 이해; 자발성
Citation
법학논총, v.28, no.2, pp 27 - 40
Pages
14
Indexed
KCICANDI
Journal Title
법학논총
Volume
28
Number
2
Start Page
27
End Page
40
URI
https://scholarworks.bwise.kr/hanyang/handle/2021.sw.hanyang/169389
ISSN
1225-228X
2713-6140
Abstract
Informed consent is one of the main demands in medical practices. Because xenotransplantation is a type of medical practices, it also needs informed consent of patient. Informed consent is valid, if the patient is competent, has sufficient understanding about the relevant information, and consents freely; competency, understanding, and voluntariness. However, the patient who would be a subject of xenotransplantation may not have another choice other than receiving xenografts because if he may not he would die. So, voluntariness of consent in xenotransplantation should be examined carefully. Also, sufficient understanding of the relevant information may not be satisfied. Patient may not sufficiently understand the relevant information because there is no or enough relevant information about xenotransplantation. Another issue which is related with xenotransplantation is informed consent of patient’s relatives. They may be kept a close watch by the medical professionals during their life because of the patient who lives with them. If they do not give informed consent they may not live with patient any more. So, voluntariness of informed consent of patient’s relatives should be examined carefully. Also, sufficient understanding of relevant information by patient’s relatives should be considered. If we can not meet the elements of informed consent in xenotransplantation, we should consider the modification of the elements of informed consent or other ethical principles which would supplement informed consent. Beneficence would be an ethical principle which can make up for it’s fault. Informed consent is not the only element which should be considered in medical practices. Also, we should consider medical professionals’ autonomy as well as patients’ one.
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