JC has a good idea about the contract with the donor prior to death- 
this is similar to the idea of compensating victims of car crashes or 
other fatal torts prior to death in David Friedman's Law's Order.  One 
problem that comes to mind here- it may be hard to draw such a contract 
because of certain circumstances that may have to be there for the 
organs to be salvaged and these odds might be very difficult to 
calculate (it's one thing to predict when someone will die, but another 
to predict what organs will be viable for donation when they do).

Another plus with these contracts would be that the donor could specify 
his definition of death.  I understand that people in the medical field 
have varying definitions of death.  And I guess there are laws in 
certain states that require certain things before someone is pronounced 
dead.  When the law changes from declaring death from when the heart 
stops for so long to when all brain activity ceases or some other 
definition, the varying lengths of time have significant effects of the 
salvageability of various organs.  With a contract with an organ 
company, you could specify your definition- this could help insure that 
the organs are salvageable.  And also provide some legal recourse for 
family if they are wronged by someone declaring death too early.

Jason


Reply via email to