CONSENT TO TEST BLOOD OF DEAD BODY

摘要

The High Court has ruled that it was lawful for samples to be taken from a dead body in order that a medical practitioner who had administered first aid could have the deceased's blood tested for bloodborne disease, when only a fairly distant relative was available to provide appropriate consent1. Under the Human Tissue Act 2004 (HTA) it is unlawful to take, store or use tissue or blood from a deceased person without them having consented in advance of their death or without the consent of a person with a sufficiently close 'qualifying relationship'with the deceased. CM is a medical practitioner and while off duty saw a woman, EJ, lying motionless on the pavement. It was obvious that EJ was seriously injured and CM attempted emergency first aid. This was unsuccessful and EJ died at the scene.