Criminal liability for the unauthorized use of corpses for medical education and research.
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Biomedical subjects
Publications and source records attributed to P D Skegg.
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Children who are capable of understanding and coming to a decision on what is involved in a non-therapeutic experimental procedure are as able as adults to give a legally effective consent to such procedures. There is no "age of consent" in this context, for capacity to consent depends on the child's intellectual capability and the complexity of the procedure in question. Where a child is incapable of consenting on his own behalf a parent may give a legally effective consent to non-therapeutic procedures which are in the public interest and are not in any significant way detrimental to the child's interests. The procedure need not be for the benefit of the child.
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Karen Quinlan, the American girl who has lain in deep coma for many months, is still 'alive', that is to say, her heart is still beating and brain death has not occurred. However, several other cases have raised difficult issues about the time of death. Dr Skegg argues that there is a case for a legal definition of death enshrined in statutory form. He suggests that many of the objections to a statutory provision on death are misplaced, and that a statute concerning the occurrence of death could remove all doubts in the minds of both doctors and public as to whether a 'beating heart cadaver' was dead or alive for legal purposes.
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