Glossary

Cardiac death: death resulting from the irreversible cessation of circulatory and respiratory function; an individual who is declared dead by circulatory and respiratory criteria may donate tissues and organs for transplantation.

Civil law pertains to disputes between individuals and/or organizations. A tort is a civil wrong which includes a breach of duty fixed by law. In civil law the compensation is awarded to the victim.

Criminal law is concerned with legal punishment for a criminal offence. The guilty defendant is punished by incarceration and/or fines or in exceptional cases, the death penalty.

Delegation of care involves asking a colleague to provide treatment or care for your patient on your behalf while retaining overall responsibility for the patient’s care.

There is no statute that describes an emancipated minor in Trinidad and Tobago. However, if a young person is more than 16 years and is no longer living at home and supporting themselves; then, an argument can be made that they are not subject to parental control and can make their own health care decisions and give informed consent for medical interventions.

Explicit consent: Legally valid permission for removal of human cells, tissues and organs for transplantation. Otherwise known as “opting in”.

A fiduciary duty is a legal relationship between at least two parties.

The "fiduciary" is the party the duty is imposed on. The "principal" is the party that is owed the duty.

A fiduciary duty requires the fiduciary to act with all of the following:

• the highest standard of care
• the highest order of good faith and fair dealing
• show loyalty
• serve the principal's best interests
• avoid conflicts of interest

Handover is the process of transferring all responsibility to colleague.

Living donor: A living human being from whom cells, tissues or organs have been removed for the purpose of transplantation. A Living Donor has one of the following three possible relationships with the recipient:

• A - Related:
• A 1 - Genetically Related:
• 1st Degree Genetic Relative: Parent, Sibling, Offspring
• 2nd Degree genetic relative, e.g. grandparent, grandchild, aunt, uncle, niece, nephew,
• Other than 1st or 2nd degree genetically related, for example cousin
• A2 - Emotionally Related: Spouse (if not genetically related); in-laws; Adopted;Friend
• B - Unrelated = Non Related: Not Genetically or Emotionally Related

• Parens-Patriae defined by the Nolo’s Plain-English Law Dictionary as ‘The power of the state to act as guardian for those who are unable to care for themselves, such as children or disabled individuals.’
• Presumed consent : Legally valid presumption of permission for removal of cells, tissues and organs for transplantation, in the absence of individual pre-stated refusal of permission. Otherwise known as “opting out”.
• Referral involves sending a patient for a second opinion or treatment. It usually involves the transfer of responsibility for the patient’s care to another colleague for a particular purpose, for example, the provision of care that is outside the primary physician’s area of expertise.
• Tort a wrongful act or an infringement of a right (other than under contract) leading to legal liability