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Essay on organ donation after death & ways to start an essay conclusion. :: A scary day essay
What are these claims? What would it be to respect them? And then how should organs be allocated? Who should get priority and why? As with other topics in applied ethics, satisfactory answers require knowing the relevant facts, in this case about organ transplantation.
In summary form, the following empirical claims about organ transplantation are widely accepted:. Organs are taken from the dead and the living. Each category raises separate problems and we begin with dead organ donors.
The dead are the major sources of organs for transplantation, organ donation essay. For a long time deceased donors came from those declared brain dead, that is, those who have irreversibly lost their brain function. In recent years, however, many donors have come from those who have died in the sense of circulatory death. See the entry on the definition of death, organ donation essay. Even though far more people die than require new organs, organs are scarce. Numerous factors affect the retrieval of organs from the dead.
Although most of these factors do not raise philosophical questions, it is important to realize that the main factor that does—the ethical-legal system for consent—is organ donation essay one of many that affect retrieval rates, and nowhere near the most important at that.
One should also bear in mind that the variety of factors plus unreliability or incomparability in statistics organ donation essay retrieval mean that it is hard or impossible to have confidence in many of the causal claims about how consent rules affect retrieval rates. This section explains the rules for consent as they operate in practice in most countries, organ donation essay.
It then outlines certain reform proposals, mentions the claims of the main affected parties, and, in the light of those claims, evaluates those reform proposals. In nearly all countries with a transplantation program, the following is a broadly accurate description of organ retrieval in practice, although different countries, and regions of countries, organ donation essay, do differ in nuanced ways, for instance in how the option of donation is presented to families; and the nuances may affect retrieval rates T.
Wilkinson The U. has partial exceptions discussed shortly, organ donation essay. Doctors will not take organs from consenting dead people whose families object even though the law permits retrieval. A lesson in method follows: when describing the practice of organ retrieval, looking at the law alone is inadequate.
A vital second point is that the consent of the deceased is not required before organs may be taken, organ donation essay. The persistent scarcity of organs organ donation essay given rise to several proposals to reform the system for consent.
The main ones are:. Before evaluating the proposals, we describe the claims of the main affected parties. In determining what the rules for retrieval ought to be, three main claims are in play. Transplant professionals have claims too, which are probably best thought of organ donation essay matters of professional conscience, but these are not discussed further here.
The dead. While it is widely accepted organ donation essay living people have strong claims over their own bodies, especially when it comes to vetoing invasions of their bodily integrity, it is much less widely accepted that the dead have such claims, organ donation essay. Among the views that the dead have claims, we may distinguish between those which hold that events after death can harm the interests of the formerly-living and those which hold that it is only the fears and concerns of the living that have weight.
The first sort of view is the subject of posthumous interests see the entry on death, organ donation essay. Even if we accept that people may have posthumous interests, the content of those interests will often be unknown or indeterminate. Many people do not think about organ donation, which is quite reasonable given the low chance that they will die in such a way as to permit organ retrieval. In cases where they have not thought or not revealed their thoughts, organ donation essay, it seems plausible to say that they have no interest to be taken into account in deciding whether to proceed with retrieval.
The question arises of how to weigh the claims of the deceased. Some writers accept that the deceased can have posthumous interests, but believe them to be of little weight, organ donation essay, particularly compared with the needs for organs of those with organ failure Harris They may believe that people are not affected by their posthumous interests being set back or they may think the fear of retrieval is organ donation essay little weight.
In their view, any roughly consequentialist calculation would justify setting aside the objections of the deceased to organ retrieval. Other writers argue that if we accept posthumous interests and accept that people have strong claims over their bodies while alive, we have grounds to attribute rights to the living over their post-mortem bodies T.
Such a view needs to explain how posthumous rights are possible, organ donation essay, since some writers in political and legal theory believe that rights could not protect posthumous interests for technical reasons to do with the nature of rights Steiner ; Fabre The family. If one accepts that the deceased have a claim, then families may acquire a claim organ donation essay transfer, organ donation essay.
That is, the deceased may delegate decision-making power to their families, as is possible in some jurisdictions. Some authors have even suggested that the organs of the dead should be treated as something akin to inheritable property Voo and Holm What is the subject of dispute is whether the family should have a claim in their own right which could be set against the claims of the deceased or potential recipients. Some argue for family decision-making on cultural grounds Fan and Wang For them, giving priority to the deceased is unacceptably individualist either in all cases or in cases where individualism is culturally abnormal Boddington If families were overridden, it is reasonable to suppose that they would suffer extra distress: that is, even more distress than they would already be experiencing upon the often untimely and organ donation essay death of the relative, organ donation essay.
What is controversial is how strong a claim the family would acquire not to be distressed. Finally, families are not monolithic, and sometimes they disagree among themselves about whether to endorse organ retrieval.
How internal disagreement affects the families is not widely discussed. Potential recipients. As was said organ donation essay the start of this entry, potential recipients stand to gain a great deal from receiving an organ in terms of both the quantity and quality of their lives.
They are also badly off, in a medical sense, in that they suffer from organ failure. Utilitarian, prioritarian, and egalitarian views of justice and benevolence would, therefore, give considerable weight to the needs of potential recipients.
According to some, an important cause of family refusal of organ retrieval is uncertainty about the wishes of the deceased. To avoid the default, some writers would encourage people to decide about donation in a way others will know, for instance by paying them De Wispelaere organ donation essay Stirton and others suggest mandating choice by, for instance, withholding driving licenses from those who do not choose.
The suggestion is not, or not in all cases, that people be steered into agreeing to donate or penalized if they refuse. It is that people be steered to make clear choices, yes or no. Some ethical questions are raised by penalizing people for not choosing or for introducing monetary encouragement. It may be replied that no one is pressured to donate, as opposed to choose; that the penalties or encouragement are slight; and that transplants are of such value to the needy that any ethical objections are easily overridden.
The real difficulty is that mandated choice may not increase retrieval rates by much. In some places where it has been tried such as the U.
In New Zealand, where one must choose as a condition of getting a driving license, the choice is often ignored by intensive care doctors and families because it does not seem like a genuine decision, organ donation essay. Families usually have at least the de facto power to veto retrieval from the deceased, even those who adamantly wanted to donate their organs.
Does this power not give excessive weight to the interests of families as against the interests of both the deceased and potential recipients Liberman ; Zambrano ? Furthermore, it seems unlikely that many people would want to donate no matter organ donation essay upset their families were, so allowing families to veto retrieval is unlikely to be against the all-things-considered wishes of many of the deceased.
In any case, transplant organ donation essay have a practical reason not to override the family: they fear bad publicity, organ donation essay.
One version of organ donation essay argument is this:. there are already urban myths about people having their deaths hastened so as to make their organs available; few people understand brain-death; donation would fall if families publicly claimed that their views were overridden and their relatives were not dead; thus ending the family veto would reduce the supply of organs, not increase it.
If the practical argument is correct, organ donation essay, it organ donation essay understandable why families have a medically-created power of veto. Moreover, it is hard to see that the veto is contrary to the claims of the deceased, organ donation essay. While the deceased may have a claim to block retrieval, no one organ donation essay a claim that other people use his or her organs, organ donation essay.
Wilkinson a. Some states in the U, organ donation essay. It is unclear how far such laws are upheld. In principle, it might be possible to get some data on the effect of overriding families on the organ supply, thus testing the practical argument in the previous paragraphs. The leading argument for opt-out claims that many people want to donate but through inertia do not get round to opting in. In an opt-out system, inertia would prevent them opting out so their organs could be organ donation essay and, since most people do want to donate, organ donation essay deceased would be more likely to get what they want and more organs would be available Thaler and Sunstein The proposal envisages taking organs without organ donation essay explicit consent of the deceased.
A different objection points out that taking organs without consent would sometimes be against the wishes of the organ donation essay and while not taking would be against the wishes of the deceased who had wanted to donate, taking in error is a worse mistake than not taking in error, because people have a right not to have their organs taken but no right to have their organs taken Veatch and Ross ; for criticism specifically of their views see den Hartogh As against these views, we must dispose of the bodies of the dead in some way, even if not consented to; and we give unconsented medical treatment to the unconscious even though some would have opposed treatment Gill ; T.
Is it right to use the bodies of the deceased without either their consent or knowing that they had wanted the use? The question is an important and difficult one. It follows that the simple inertia argument for shifting defaults is flawed. Other arguments for variations of opting out turn on the empirical question of effects on retrieval.
Since many different factors affect retrieval rates, it is often hard to be confident about the difference that changes to consent would make.
The idea of conscription is to take organs in organ donation essay suitable cases even when the deceased or family objected except, perhaps, in cases of conscientious objection.
Unlike the other reform proposals, conscription seems to have little political support. Nonetheless, some powerful philosophical arguments can be given for it. One argument, mentioned above, compares the strength of the interests of the deceased, families, and potential recipients, and claims that the need for transplants of those with organ failure is much greater than the needs of the deceased or their families Kamm ; Harrisorgan donation essay, Another argument draws an analogy with the relief of poverty, organ donation essay.
Many people think the state may use its coercive powers to transfer material resources from those with a surplus to those with little.
In other words, we think that people have welfare rights to resources. One way to fulfill those rights is to tax the estates of the deceased. By parity of reasoning, because organs are also resources and no longer of use to the dead, they too should be coercively transferred to fulfill the welfare rights of those with organ failure Fabre
The Importance of Organ Donation Final Presentation
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