Presumed consent in organ donation: is the duty finally upon us?
نویسنده
چکیده
In recent years there has been a renewed interest in presumed consent systems for organ donation. The U.K.'s Organ Donation (Presumed Consent and Safeguards) Bill of 2004 proposed a sweeping change in the law in the form of an opt-out system for the donation of cadaver organs. The Organ Donation Task-force in 2008 later examined the idea of presumed consent at length, before concluding that our current organ procurement system needs a radical overhaul. Most recently, the Organ Donation (Presumed Consent) Bill of 2009 ("the 2009 Bill") provided the most comprehensive proposal yet for an opt-out organ donation system in the United Kingdom. Is it now time to take this controversial issue seriously? If the 2009 Bill provides a window into the future, what practical and ethical difficulties will this new presumed consent legislation impart upon our current organ procurement system? This article will provide an overview of the previous attempts in the U.K. to implement an opt-out system for organ donation, before examining in detail the content of the 2009 Bill as a potential template for a new presumed consent law. Finally, some sweeping amendments to the 2009 Bill will be suggested, and it will be concluded that a new piece of legislation may change our national and international views of organ donation for the better.
منابع مشابه
Does presumed consent save lives
One policy tool that could be deployed to increase organ donation rates is legislative defaults. Currently, there are two legislative regimes: “informed consent”, in which an explicit declaration makes the person a potential organ donor; and “presumed consent”, in which an explicit declaration is required for not being a potential donor. In this study, we examine how an institutional setting, n...
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This Note examines, in three parts, presumed consent laws as they pertain to organ donation. Part I discusses presumed consent and explains the salient features of presumed consent laws. It then discusses case law that addresses the aftermath of unauthorized organ or tissue harvesting. Part II evaluates the United States Supreme Court’s evolving conceptions of the rights of individual and famil...
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In the U.S., Great Britain and in many other countries, the gap between the demand and the supply of human organs for transplantation is on the rise, despite the efforts of governments and health agencies to promote donor registration. In some countries of continental Europe, however, cadaveric organ procurement is based on the principle of presumed consent. Under presumed consent legislation, ...
متن کاملImpact of presumed consent for organ donation on donation rates: a systematic review
OBJECTIVES To examine the impact of a system of presumed consent for organ donation on donation rates and to review data on attitudes towards presumed consent. DESIGN Systematic review. DATA SOURCES Studies retrieved by online searches to January 2008 of Medline, Medline In-Process, Embase, CINAHL, PsycINFO, HMIC, PAIS International, and OpenSIGLE. Studies reviewed Five studies comparing do...
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ورودعنوان ژورنال:
- European journal of health law
دوره 17 2 شماره
صفحات -
تاریخ انتشار 2010