Presumed Consent: Waiting Lists Pressure Organ Donation Before Patients Die

Life News ^ | 6/16/10 | Jennifer Lahl

[wagglebee]

LifeNews.com Note: Jennifer Lahl is the founder and national director of the Center for Bioethics and Culture Network. She has a BSN and worked for 15 years in pediatric nursing, specifically pediatric critical care, pediatric trauma, and transport nursing. She received her B.S. in Nursing from California State University at Fullerton and her M. A. in Bioethics from Trinity International University.

Since organ donation became the recommended treatment of choice for many patients with end-stage organ failure, the controversy over the number of available organs for transplant and the solutions to addressing the shortage of much needed organs for those on waiting lists has been an on-going discussion.

Proposed solutions typically include payment for organs, denial of organs to some patients, or changing consent practices.

For example, should we open up the free markets and let people buy and sell organs? Sally Satel, a physician and resident scholar with the American Enterprise Institute and herself a recipient of a kidney transplant, said that she would have “gladly paid for a kidney,” if the laws had permitted it.

Dr. Satel has recently edited a volume,When Altruism Isn't Enough: The Case for Compensating Kidney Donors, where experts and scholars advocate for government incentives to those willing to “donate” a kidney.

Or, should we draw bright lines for those who are too sick and not allow them to be added to organ waiting lists? Wesley Smith, our CBC special consultant, writes this about the dangerous cocktail of futile care theory and organ donation:

Think about it: We already have bioethicists advocating for futile care theory, that is, the right to refuse wanted life-sustaining treatment based on quality of life judgmentalism, resource allocation, or both. Add in the motive for taking organs to this volatile field-and wary families will become even less trusting, and medical issues will become even more likely to end up in court. Square that if we ever enact explicit health care rationing, or redefine death to include a diagnosis of PVS-as many luminaries in the transplant field advocate.

And, what is back in the news again is the solution often referred to as Presumed Consent. Presumed consent states that we should presume that all people would want to be an organ donor, and we move to an opt-out system whereby individuals need to explicitly state that they do NOT want to be an organ donor versus stating that they do want to be a donor.

CBC has written about all of these proposed “solutions” over the years, and we will continue to do so as these issues surface where changes in policy and practice are proposed.

Assemblyman Richard Brodsky, (D-New York), is hoping to make his state the first in the country to adopt presumed consent as their policy. Brodsky’s interest in this law is personal too, as his daughter has been the recipient of two kidney transplants. I often lament that laws get written and passed when the lawmaker has a personal and vested interest.

How many lawmakers are running their re-election campaigns on their successful passage of strict, assisted-reproductive technology regulation? But I digress . . .

Brodsky believes, as do proponents of presumed consent laws, that these types of policies will lead to a positive and dramatic increase in the number of available organs for those in need of them. Well, the verdict is still out on whether or not presumed consent policies solve the organ shortage.

Yes, it is true that if we just assume people want to donate their organs, we will have greater access to more of them. However, as people live longer and not necessarily healthier lives, and since transplantation is the treatment of choice for those in end-stage organ failure, it is still not certain that the shortage will disappear.

But what is really at the heart of the matter is the doing away with the altruistic notion that organ donation is just that. It is a gift, freely given (not sold) and never coerced or presumed. It is the arrogant, presumptuous taking of organs which, I submit, is smack dab in the middle of the shortage; people are afraid that they will be rushed to death or denied care in order to get to their organs.

I personally am a huge supporter of organ donation. And I have made my wishes known to my proxy who is named in my durable power of attorney for healthcare decisions, should I not be able to consent for myself. Ethical solutions are needed, not the presumptuous taking of organs.

[wagglebee]

Soon Zero and his death czars will be targeting perfectly healthy people for their "parts".

[wagglebee]

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[BykrBayb]

This corruption is the reason so many people die waiting for transplants.

[Political Junkie Too]

How about compulsory donation? Maybe we'll see the day where the government will waive a tax debt in lieu of a kidney donation, or in lieu of a bankruptcy or other potential financial hardship.

-PJ

[martinidon]

didn’t they make a movie about harvesting organs?

[ntmxx]

“Presume that all people would want to be an organ donor,” how convenient forcing an opt-out system placing the burden on the citizenry explicitly; and not the profiteers.

Oops, seems friends of government have ridged the system to say we did not know they opted out; but hey, thanks we’ll try better next time…Oh yah, and thanks for parts and profit.

[wagglebee]

“The Island” a few years back was about organ harvesting.

[Riley]

Soon Zero and his death czars will be targeting perfectly healthy people for their "parts".

Life imitating "The Meaning of Life".

[Nervous Tick]

>> Brodsky believes... that [presumed consent laws] will lead to a positive and dramatic increase in the number of available organs for those in need of them.

Of course it will! Because once Brodsky and the ‘Rats get their way, if (say) an actor, or athlete, or esteemed legislator’s daughter needs a kidney, the STATE will TAKE one for her from one of the less worthy peons.

[Waryone]

It was a while back, but I remember the movie Coma with Genevieve Bujold. The novel was written by Robin Cook and the screenplay by Michael Crichton.

I’ll never forget that ad “There putting people into Comas.”

[little jeremiah]

It’s a flood of evil news lately, more and more.

[martinidon]

that was the movie. That was a good movie.

[Glenn]

No worries here. My organs aren't worth the time it would take to harvest them. The advantage of being rode hard and put away wet.

[susie111]

Presumed consent IS the way to go. So many surveys of people have been done in many countries and the majority of people interviewed that had NOT signed up said it was because they never got around to it. So either they are lying or that is the truth. The reason people feel they may be killed off by the doctor if presumed consent applies is borne out of pure ignorance. So more education is needed. Presumed consent means people CAN opt out. Are people really so so selfish that they would not want to save someones life rather than have it presumed they would. I find that rather insulting to think that I am presumed not to want to save someones life with the way it is now i.e. opt in. Someone has to be brain stem dead to be a donor. Education is needed so people know exactly what that means. No surgeon wants to kill one person just so their organs can be used that MAY save someone else. Many many organs from people on the register are turned down as they are not suitable. Doctors would use those if they did not care. Personally I think people are incredibly selfish if they do not sign the donor register or think presumed consent is a good idea. Believe me when there loved one is lying on the table fighting for life they will soon wish presumed consent was the norm. And yes more organs will become available as it will then include all the organs from the people who at the moment are too lazy to sign up.

Just so you all know, I have not only signed the organ donor regiser, I also give blood regularly and I have already given one of my kidneys to someone. All before I am dead. They can have the remaining kidney once I am dead. It really staggers me how selfish some people can be by not wanting to save someone elses life, the only reason I can think of is because ignorance makes them scared so they dont sign up. So we need to educate people, especially in schools so kids grow up understanding all there is about organ donation and want to help save peoples lives by signing the register. You speak to anyone whose loved one has died waiting for an organ. You wont be able to look them in the eye without feeling regret.

[wagglebee]

Presumed consent IS the way to go.

You joined YESTERDAY to push mandatory organ donation?

So many surveys of people have been done in many countries and the majority of people interviewed that had NOT signed up said it was because they never got around to it.

To the best of my knowledge it is asked every time someone renews their driver's license.

The reason people feel they may be killed off by the doctor if presumed consent applies is borne out of pure ignorance.

No troll, the reason is because it happens EVERY DAY.

I guess whichever leftist group sent you in here failed to give you all of the FACTS. Many times organs are taken from people who are STILL ALIVE.

I find that rather insulting to think that I am presumed not to want to save someones life with the way it is now i.e. opt in.

Pathetic.

Education is needed so people know exactly what that means.

Spoken like a true leftist.

Personally I think people are incredibly selfish if they do not sign the donor register or think presumed consent is a good idea.

Believing that your body actually belongs to you is selfish?!

Believe me when there loved one is lying on the table fighting for life they will soon wish presumed consent was the norm. And yes more organs will become available as it will then include all the organs from the people who at the moment are too lazy to sign up.

I can tell that you are salivating in anticipation of Obamacare.

It really staggers me how selfish some people can be by not wanting to save someone elses life, the only reason I can think of is because ignorance makes them scared so they dont sign up.

Actually, just the opposite is true.

So we need to educate people, especially in schools so kids grow up understanding all there is about organ donation and want to help save peoples lives by signing the register.

Despite what you and your leftist ilk believe, schools are for teaching things like English, history, math and science, they ARE NOT supposed to be leftist indoctrination centers.

I'm just curious, is this your first time on FR or are you a perpetual retread?

[MayflowerMadam]

“Coma” was good. I think Tom Selleck was an extra — a potential stock-piled donor hanging from a ceiling or something.

[Sgt_Schultze]

Sorry, but no.

Physicians are paid for their skills during transplant. Hospitals are paid for their facilities during transplant surgery. Physicians are paid for their skills during organ retrieval. Facilitators are paid for their services delivering harvested organs. Only the owner of the critical raw materials is forbidden from being compensated - for the most important part of this series of transactions.

If you want more organs available, allow for the payment to the estate of deceased "donors." Allow for folks to profit from selling their own organs. Who owns you after all?

[samiam1972]

No “presumed consent” for me, thank you very much. Don’t want my insides taken from me because I have excellent innards! I may go in for some minor surgery and have the doctors decide I’m a perfect match for the president’s daughter in need of a kidney. My kids would be motherless. Yes, I may be being a bit dramatic but I’m trying to make a point. My decision should not be made for me just because some goody two-shoes thinks that they are better than me for being an organ donor. You go donate all you want. I want what God gave me.