Presumed consent, autonomy, and organ donation.

The "new body snatchers": analyzing the effect of presumed consent organ donation laws on privacy, autonomy, and liberty.

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...

Vaccination and other altruistic medical treatments: should autonomy or communitarianism prevail?

The publication of a report into a case where an organ donor's constraints on the race of potential recipients raises questions about whether respect for autonomy or communitiarianism should prevail in altruistic medical procedures. This article briefly reviews how autonomy and communitarianism are balanced in cadaveric and live organ donation, bone marrow donation, gamete donation, blood donat...

Recovery of transplantable organs after cardiac or circulatory death: Transforming the paradigm for the ethics of organ donation

Organ donation after cardiac or circulatory death (DCD) has been introduced to increase the supply of transplantable organs. In this paper, we argue that the recovery of viable organs useful for transplantation in DCD is not compatible with the dead donor rule and we explain the consequential ethical and legal ramifications. We also outline serious deficiencies in the current consent process fo...

Presumed Consent for Organ Donation: Principlism Opts Out

The number of available organs for transplant each year falls woefully short of the number of patients in need of donated organs in the United States. While approval numbers are very high for organ donation, the number of registered donors is much smaller. A commonly proposed solution to increase the pool of organ donors is to replace the current explicit consent policy with a presumed consent ...

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...

Organ Donation Awareness: Rethinking Media Campaigns