Consent to Deceased Donation in the American Transplant System
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
According to the data, the deceased and living donor rates cannot keep pace with the growing need for organs in the United States. In three decades, the national waiting list has grown 8-fold. It is estimated that every 10 minutes another name is added to the national transplant waiting list. Approximately 22 people die every day waiting for a transplant. Most organs for transplants are recovered from deceased donors. Th e United States use the “donation model”, a consent model for deceased organ recovery that prioritizes the rights of the individual (or the surrogate decision maker) over the needs of society, by requiring authorization or explicit consent prior to deceased organ recovery. Some transplant community members have advocated for shift ing the current donation model of deceased donor organ recovery to a model that permits deceased organ recovery without explicit consent or authorization, in order to increase the number of organs available for transplant. Th is article aims at answering a question whether shift ing to such a model in the United States could solve systemic problems, organs shortage in particular, and whether it would be ethically justifi ed. Th e paper describes models of deceased organ recovery and presents the model currently used by the United States. It presents, from the American perspective, the analysis of the model of deceased organ recovery without explicit consent or authorization, as well as proposes alternative opportunities to increase deceased organ supply.
Authors and Affiliations
Magda Olesiuk-Okomska
Keywords
Related Articles
- EP ID EP337414
- DOI 10.15290/bsp.2017.22.02.05
- Views 61
- Downloads 0
Evolution of Election Law in the Senate of the Th ird Republic of Poland
Th is article presents evolution of the election law in the Senate of the Th ird Republic of Poland (1989-2011). Th e issue of electoral formula applied during election to the ‘second house’ of the Polish parliament was...
Limitations of Patient’s Right to Self-Determination Due to Hospitalization for Tuberculosis
Th e subject of the article is a discussion of issues related to the limitation of patients’ rights provided for in the law in the prevention and control of one of the infectious diseases – tuberculosis. Th e above restr...
Energy Poverty as a European Union and Polish Legal Issue
The aim of this paper is to answer the question of whether energy poverty prevention is a type of “patched” style of Europeanisation. The descriptive section accompanying the presented research identifi es the basic lega...
Z problematyki zakazu reformationis in peius
Th e article concerns selected issues related to the prohibition of reformatio in pejus in Polish criminal proceedings. Th e author discusses the problem of the permissibility of deciding against the accused in the case...
Admission of a Community Representative to Court Proceedings to Article 90 of the Amended Code of Criminal Procedure of 10 June 2016
In June this year, Polish Sejm passed a law amending Article 90 of the Code of Criminal Procedure. Th is provision regulates the institution of the so called community representative (similar to amicus curiae) in a Polis...