Doing What’s Best

This chapter explores whether controlled non-heart-beating organ donation (NHBOD) can be in the best interests of an intensive care patient who has expressed a wish to become an organ donor. It begins with an acknowledgment of the concerns health professionals may have about NHBOD before providing an analysis of medical law in the context of decision making and best interests. It concludes that the law’s interpretation of best interests means there will be some situations where NHBOD will be in the best interests of patients in intensive care. It also considers the lack of legal certainty regarding the necessary observation time between the cessation of heart beat and the commencement of organ retrieval.