Dual Living Transplant. The Analysis of Particular Case Based on Polish Legal Regulations

Abstract

Introduction: Human life is the superior value among all goods protected by law. Determined by many factors: from transmitted genes, through an individual lifestyle or diet, to socio-cultural factors, i.e. the environment in which a person lives, understood as a community to which he belongs or related factors with access to basic services, including healthcare. The last factor is particularly important in the event of a threat to human health or life. However, the legal protection of these values - despite the fact that it is legitimate – stands in contradiction with the natural, human need to help others. One of such cases is organ transplantation in a situation where a life-saving person would be exposed to serious health impairment or even death. Aim: The purpose of this article is to consider, on the basis of Polish law regulations, a hypothetical case in which a given donor, compatible for two different people, would be willing to donate his healthy organs - in this case both kidneys. Review and Conclusions: It turned out that this transplant is theoretically possible. Technical infrastructure and hospital equipment are also definitely adapted to this type of situation. Nevertheless, in practice, such procedures as double donation from a living donor are not performed. This is in contradiction with the usual medical ethics and regulations. The protection of the health and life of the donor is in this case a priority that cannot be put above others.