RESUMO
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against the handicapped in any program receiving federal funds. With its implementing regulations, Section 504 may well apply to the selection of patients for medical treatments. This article examines patient selection for heart transplantation, in light of the Rehabilitation Act and its previous application in similar (but non-medical) contexts. With the growing need to allocate scarce medical resources comes a need to examine carefully the legal bounds for patient-selection procedures.
KIE: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against the handicapped in any program receiving federal funds. The authors explore how the Rehabilitation Act and its implementing regulations may apply to current methods of patient selection for heart transplants. They also discuss some of the difficulties in applying Section 504 to determine who is a "qualified" handicapped individual in other situations, as exemplified in legal issues that have arisen in medical school admissions policies.
Assuntos
Tomada de Decisões , Pessoas com Deficiência , Regulamentação Governamental , Transplante de Coração , Legislação Médica , Governo Federal , Humanos , Preconceito , Alocação de Recursos , Estados UnidosRESUMO
As organ transplantation procedures become accepted as standard medical practice, it is anticipated that the frequency of liability claims against transplant care providers will increase. This article examines current statutory and common law analyses of malpractice issues in transplantation, with particular attention given to issues of informed consent as they arise both for the organ donor and donee.
