who owns your body Flashcards
who owns your body when you’re alive
you have limited property rights
you cannot transfer it to someone else
ethical issues around surrogacy and selling organs
what happened in the alder hey organ scandal
organ retention from post mortems and miscarriages/ terminations that parents had not consented to
what where the consequences of the alder hey organ scandal
redfern enquiry 2001
van Velzen struck off
what where the features of the john moore case
had leukaemia treated by David Golde at UCLA had splenectomy had necessary medical procedures Golde patented cell line derived from Moore's T-cells Golde made 15 million dollars
moore sued and lost
what were the key legal decisions
moore does not have property interest
Golde breached fiduciary duty by not acting in the patients interest and conflict of interest due to financial gain
moore was not fully informed
what was the Hagahai T cell case
US researchers collected samples for research from Hagahai people in Papua New Guinea
They created a T cell line and applied for a patent
what where the issues raised by the Hagahai case
biopiracy
need for prior informed consent
discussion of benefit sharing
what is the Tissue Act Scotland 2006
authorisation for use of organs and tissues from the deceased
what are the features of the Canavan gene case
Greenberg family
provided material, time, finances
viewed as a partnership
gene test was patented and royalties claimed ‘Unjust enrichment’
‘naturally occurring DNA segment cannot be patented just because it has been isolated’
