The Opportunity of Applying Principles of Autonomy of Patient to Postmortem Donors of Organs

Abstract

The article is devoted to autonomy of patient as applied to postmortem donors of organs. The conclusion is made on the basis sociological approach and analysis of legal concepts of «medical service», «medical intervention» and «patient» as related to postmortem organ donorship, about priority of assessment of this particular issue. The attempts of applying regulations of the law on funeral business to postmortem organ donors is inadmissible. The suggestion is developed to consider consent presumption of posthumous organ donorship as a form of transition from autonomy of particular patient to autonomy of society given population support.