[Legal problems in the allocation of naturally limited resources]

Problems with regard to the allocation of naturally resources frequently arise in the field of the transplantation of organs. Section 12 of the German Transplant Act (TPG) lays down as a rule, that all transplant organs shall be allocated to suitable patients according to rules which comply with the level of research of medical science and especially with regard to prospects of success and priority. This basic rule for the allocation of naturally limited resources may not only be applied to the allocation of transplants but also to comparable cases (e.g. to new medical methods, which cannot be made available to all patients due to limited possibilities). In case of disaster, when the doctor has to select from a number of persons to be treated or rescued, jurisdiction leaves the decision to the discretion of the acting doctor assuming, in case of doubt, justification due to clash of responsibilities.