presumed consent
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2021 ◽  
Author(s):  
◽  
Shang-Chin Lai

<p>Organ trafficking is a transnational issue that calls for a response from the international medical community. Despite consistent condemnation, organ trafficking persists due to the worldwide shortage of organs for transplantation. This paper discusses the human rights abuses perpetuated by organ trafficking and suggests some approaches to reducing organ trafficking and transplant tourism. The paper concludes that combating organ trafficking requires a cohesive response from the international community of states, comprising of mutually reinforcing legal reform at international and domestic levels. In particular, states should seek to lighten the burden on the worldwide shortage of organs by increasing local supply. This paper considers presumed consent to be the most effective system of organ procurement. As such the paper suggests a framework for implementing presumed consent in New Zealand, in order to increase organ donation rates.</p>


2021 ◽  
Author(s):  
◽  
Shang-Chin Lai

<p>Organ trafficking is a transnational issue that calls for a response from the international medical community. Despite consistent condemnation, organ trafficking persists due to the worldwide shortage of organs for transplantation. This paper discusses the human rights abuses perpetuated by organ trafficking and suggests some approaches to reducing organ trafficking and transplant tourism. The paper concludes that combating organ trafficking requires a cohesive response from the international community of states, comprising of mutually reinforcing legal reform at international and domestic levels. In particular, states should seek to lighten the burden on the worldwide shortage of organs by increasing local supply. This paper considers presumed consent to be the most effective system of organ procurement. As such the paper suggests a framework for implementing presumed consent in New Zealand, in order to increase organ donation rates.</p>


Author(s):  
Artur Kamiński ◽  
Marcin Bury ◽  
Hanna Rozenek ◽  
Jolanta Banasiewicz ◽  
Stanisław Wójtowicz ◽  
...  

AbstractIn recent years in Poland, the numbers of reported potential cadaveric donors of organs, tissues, and cells, and the numbers of transplantations being carried out seem to be low in the context of the size of the country population and the presumed consent legal principle which rules transplantations. This research project was carried out on 109 Polish transplant coordinators by means of a questionnaire created specifically for this study. The goal of the project was to detect problems specific to transplant coordinators working in Poland which, when properly addressed, might improve the efficacy of transplantation network within the Polish health care system. The results suggest that Polish transplant coordinators face a variety of issues in their work. It appears that the most important interventions which could improve working conditions for in this population and—as a result—also improve the efficacy of transplantation network in Poland could include: (1) a variety of training programs for transplant coordinators; (2) a social campaign promoting transplantations and spreading awareness of the transplantation-related legislation; and (3) introduction of changes in the regulations pertaining to medical professions in Poland.


2021 ◽  
Vol 30 (19) ◽  
pp. 1127-1131
Author(s):  
Jelena Morris ◽  
Janet Holt

In May 2020, England adopted an opt-out approach for organ donation, also referred to as the deemed consent system, with the aim of alleviating the demand for organs in the UK. This system dictates that those who have not opted out will have their organs donated following their death, with the exception of those meeting certain criteria. This article applies the philosophical theory of utilitarianism to the deemed consent system for organ donation, focusing particularly on topics such as that of informed consent and family refusal. Utilitarianism is a consequentialist theory that attempts to determine whether an action is morally right or wrong based on whether or not it maximises the preferences of the greatest number of people, with each person's satisfaction being considered as equal to another's.


2021 ◽  
Vol 9 ◽  
Author(s):  
Mark D. Muthiah ◽  
Melissa Sin Hui Chua ◽  
Konstadina Griva ◽  
Ivan Low ◽  
Wen Hui Lim ◽  
...  

Background: Organ shortage is still a world-wide problem, resulting in long waiting lists for kidney, liver, and heart transplant candidates across many transplant centers globally. This has resulted in the move toward presumed consent to increase deceased organ donation rates. However, there remains a paucity of literature on public attitude and barriers regarding the opt-out system, with existing studies limited to Western nations. Therefore, this study aimed to understand public sentiment and different barriers toward organ donation from the perspective of Singapore, a highly diverse and multiethnic Asian society.Methods: A cross-sectional community semi-structured interview was conducted in a public housing estate in Singapore. Pilot test was undertaken before participants were interviewed face-to-face by trained personnel. All statistical evaluations were conducted using Stata. The χ2-test compared subgroups based on patient characteristics while multivariable logistic regression identified predictors of willingness to donate/ assent. Effect estimates were quantified using odds ratio (OR).Findings: Out of 799 individuals, 85% were agreeable to organ donation after death and 81% were willing to assent to donations of family members' organs, which declined by 16% (p &lt; 0.001) after a clinical scenario was presented. Demographic factors including ethnicity, education, marital, and employment status affected willingness to donate and assent. Knowledge correlated significantly with willingness to donate and assent. In particular, knowledge regarding brain death irreversibility had the strongest correlation (AOR 2.15; 95% CI 1.60–2.89).Conclusions: Organ donation rates remain low albeit presumed consent legislation, due to patient-level barriers, including but not limited to knowledge gaps, cultural values, religious backgrounds, and emotional impact at relatives' death. To effectively boost donor rates, it is crucial for policy makers to invest in public education and improve transplant provisions and family protocols.


2021 ◽  
Author(s):  
Gonzalo Díaz-Cobacho ◽  
Maite Cruz-Piqueras ◽  
Janet Delgado ◽  
Joaquín Hortal-Carmona ◽  
M. Victoria Martínez-López ◽  
...  

AbstractBackgroundThis research explores how public awareness and attitudes towards donation and transplantation policies may contribute to Spain’s success in cadaveric organ donation.Materials and MethodsA representative sample of 813 people residing in Andalusia (Southern Spain) were surveyed by telephone or via Internet between October and December 2018.ResultsMost participants trust Spain’s donation and transplantation system (93%) and wish to donate their organs after death (76%). Among donors, a majority have expressed their consent (59%), while few non-donors have expressed their refusal (14%). Only a minority is aware of the presumed consent system in force (28%) and feel sufficiently informed regarding the requirements needed to be an organ donor (16%). Participants mainly consider that relatives should represent the deceased’s preferences and be consulted when the deceased’s wishes are unknown, as is the case in Spain.ConclusionsPublic trust in the transplant system may contribute to Spain’s high performance in organ donation. High levels of societal support towards organ donation and transplantation do not correspond in Spain with similar levels of public awareness of donation and transplantation policies.


2021 ◽  
Author(s):  
Alberto Molina Pérez ◽  
David Rodríguez-Arias ◽  
Janet Delgado

Objectives: To increase post-mortem organ donation rates, several countries are adopting an opt-out (presumed consent) policy, meaning that individuals are deemed donors unless they expressly refused so. However, studies on the relative impact of opt-in or opt-out on deceased organ donation rates are inconclusive. Although opt-out countries tend to have higher donation rates, there is no conclusive evidence that this is caused by the policy itself. The main objective of this study is to better assess the impact of consent policies when considering the role of the family in decision-making. Design: By systematically combining the three components of the decision-making process --the default rule, the deceaseds preferences, and the family s preferences,-- we identify all situations that affect the retrieval outcome under opt-in and opt-out policies. Then, by gathering empirical data from a wide array of countries, we estimate the relative frequency of these situations. Main outcome measures: We measure the relative impact that opt-in and opt-out policies have per se on post-mortem organ retrieval. Results: Our analysis shows that opt-in and opt-out have strictly identical outcomes in eight out of nine situations. These policies only differ when neither the deceased nor the family have expressed a preference and defaults therefore apply. The actual impact of consent policies is typically circumscribed to a range of 0% to 5% of all opportunities for organ retrieval. Conclusions: This study may warn contemporary organ retrieval policymakers that, by emphasizing the need to introduce presumed consent, they might be overestimating the influence of policy defaults and underestimating the power granted to families in expressing their preferences and making decisions about organ donation. Governments should reassess the opportunity and effectiveness of adopting opt-out policies for organ retrieval.


BMJ ◽  
2021 ◽  
pp. n1968
Author(s):  
Brian McKinstry ◽  
Frank Sullivan ◽  
Shobna Vasishta

2021 ◽  
pp. 114-133
Author(s):  
Jo Samanta ◽  
Ash Samanta

This chapter deals with statutory provisions governing human tissue and organ transplantation, with particular reference to the Human Tissue Act 2004. It first considers the position at common law with regards to property in the human body, followed by a discussion of appropriate consent given by potential donors prior to their death or by deceased donors. It also considers the change in law to presumed consent under the Organ Donation (Deemed Consent) Act 2019. Organ donation from living persons and ethical issues surrounding organ transplantation are then explored. The chapter concludes by looking at alternative sources of organs, including xenotransplantation and artificial organs. Relevant court cases are cited, where appropriate.


2021 ◽  
Author(s):  
Alessandro R. Marcon ◽  
Darren N. Wagner ◽  
Christen Rachul ◽  
Matthew J. Weiss

Background: The Canadian province of Nova Scotia recently became the first jurisdiction in North America to pass deemed consent organ donation legislation. This change in legislation generated substantial online discussion, which we analyzed to provide insights on public perception. Methods: We performed directed content analysis on 2663 user-generated comments appearing on two widely-shared Canadian Broadcasting Company (CBC) articles published online in April 2019. We determined levels of support and opposition in comments and described the specific rhetoric used for doing so. We also performed one-way ANOVA and Pearson chi-square tests to determine how the comments were being received and engaged by other users. Results: A range of commentary was present in both support and opposition to the changes in legislation. There were more negative than positive comments, and negative commentary generated more replies. Positive comments were received more positively by other users, while negative comments were received more negatively. The total sum of negative comments was greatly influenced by a small number of very active participants. Negative commentary focused more on broad concepts and principles related to government, power, and individual rights rather than specific issues in the Nova Scotian context. Substantial issues of trust in the government and healthcare system were evident. Conclusions: There were strong positive and negative sentiments expressed in the comments, but the total sum of negativity in the comments was significantly influenced by a small number of commentators. Analysis on the presumed consent concerns can be helpful to inform public outreach efforts.


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