MoA - The Body

Question 1

Rule for property in one’s body?

Answer 1

You CANNOT sell organs for transplant or therapy and cannot sell cells.

You CAN sell other body parts like hair, sperm, plasma, etc.

Question 2

What is the public policy reason for why organs and cells cannot be sold?

Answer 2

Public poly wants to encourage research – if organs/cells could be sold it would be detrimental to public policy by discouraging research to find cures for diseases

Question 3

How can a hospital prevent any potential claims of patient’s body?

Answer 3

Hospital should require patients to sign a form that has:

1) language stating patient gives up all property rights to the body parts (block conversion claim)
2) language stating possibility of body parts to be used for research for hospital benefit