When the law meets organ transplantation: the experience from the United kingdom

Because the availability of organs falls short of the numbers of people who might benefit from transplantation, there has to be rationing of this resource. As organs donated from deceased donors are considered a national resource, there needs to be clear and transparent selection and allocation policies. There is the potential for a conflict between public and clinical priorities with legal requirements and this may lead to challenge in the courts. For example, both healthcare professionals and the general public may wish to give priority in allocation to children but this approach could be challenged on the basis of equity of access. We, therefore, recommend that selection and allocation policies should give clarity over the aims and assumptions, be evidence-based where possible or justify the assumptions where no evidence exists, have transparency of implementation and be supported by relevant stakeholders.