Journal of Medical Ethics 34 (4):223-224 (2008)

Abstract
In the United Kingdom, the debate about how best to meet the shortfall of organs for transplantation has persisted on and off for many years. It is often presumed that the answer is simply to alter the law to a system of presumed consent. Acting perhaps on that presumption in his annual report launched in July, the Chief Medical Officer, Sir Liam Donaldson, advocated a system of organ donation based on presumed consent, the so-called “opt-out” system.1 He is calling for a change in the law in England and Wales whereby consent to organ donation is presumed, making a person’s organs automatically available for transplantation after death, unless they registered objections to this while alive. Subsequently, the British Medical Association lent its support to the introduction of such a system.2 The BMA contends that “the practice of presumed consent legislation has had a significant effect on the number of cadaveric donors per million population.”2It is often taken for granted that there must be a correlation between the enactment of legislation on presumed consent and an increase in organ donation and procurement. However, the correlation is not as straightforward as it might seem. It may be that other practical measures to encourage organ donation could be implemented without changing the Human Tissue Act 2004, an Act which has been in force for barely a year.An analysis by Abadie and Gay demonstrated that “presumed consent legislation has a positive and sizeable effect on organ donation rates”,3 but they themselves admitted that the correlation between rates of donation and presumed consent legislation is “not completely unequivocal”.3 It is true that among the most successful cases in procurement rates are countries with presumed consent legislation . However, since some of the …
Keywords Organ donation  Opt-out  Presumed consent
Categories (categorize this paper)
DOI 10.1136/jme.2007.023127
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 70,214
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Uterine Transplantation: A Step Too Far?Jeanette Foley - 2012 - Clinical Ethics 7 (4):193-198.
Free Riding and Organ Donation.Walter Glannon - 2009 - Journal of Medical Ethics 35 (10):590-591.

Add more citations

Similar books and articles

Positivism and the Pragmatic Theory of Observation.Thomas Oberdan - 1990 - PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1990:25 - 37.
Distributive Justice in Crisis.Eldar Sarajlic - 2011 - CEU Political Science Journal 6 (3):458-483.
The Corporate Psychopaths Theory of the Global Financial Crisis.Clive R. Boddy - 2011 - Journal of Business Ethics 102 (2):255-259.
The Pragmatic Stance: Whither Dutch Books and Money Pumps?John Cantwell - 2002 - Croatian Journal of Philosophy 2 (3):319-336.
The Pragmatics of Legal Language.Andrei Marmor - 2008 - Ratio Juris 21 (4):423-452.

Analytics

Added to PP index
2010-08-24

Total views
25 ( #455,828 of 2,507,563 )

Recent downloads (6 months)
1 ( #416,983 of 2,507,563 )

How can I increase my downloads?

Downloads

My notes