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  1. Presumed consent for organ preservation in uncontrolled donation after cardiac death in the United States: a public policy with serious consequences. [REVIEW]Joseph L. Verheijde, Mohamed Y. Rady & Joan McGregor - 2009 - Philosophy, Ethics, and Humanities in Medicine 4:1-8.
    Organ donation after cessation of circulation and respiration, both controlled and uncontrolled, has been proposed by the Institute of Medicine as a way to increase opportunities for organ procurement. Despite claims to the contrary, both forms of controlled and uncontrolled donation after cardiac death raise significant ethical and legal issues. Identified causes for concern include absence of agreement on criteria for the declaration of death, nonexistence of universal guidelines for duration before stopping resuscitation efforts and techniques, and assumption of presumed (...)
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  • Individual and family consent to organ and tissue donation: is the current position coherent?T. M. Wilkinson - 2005 - Journal of Medical Ethics 31 (10):587-590.
    The current position on the deceased’s consent and the family’s consent to organ and tissue donation from the dead is a double veto—each has the power to withhold and override the other’s desire to donate. This paper raises, and to some extent answers, questions about the coherence of the double veto. It can be coherently defended in two ways: if it has the best effects and if the deceased has only negative rights of veto. Whether the double veto has better (...)
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  • African-american reluctance to donate: Beliefs and attitudes about organ donation and implications for policy.Laura A. Siminoff & Christina M. Saunders Sturm - 2000 - Kennedy Institute of Ethics Journal 10 (1):59-74.
    : This paper reviews current and suggested policies designed to increase organ donation in the United States and indicates the problems inherent to these approaches for increasing organ donation by African Americans. Data from a population-based study assessing attitudes and beliefs about organ donation among white and African-American respondents are presented and discussed. We pose the question of whether it is reasonable to maintain the existing system or whether we should institute a system that uses policies based on the attitudes (...)
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  • Casting Light and Doubt on Uncontrolled DCDD Protocols.David Rodríguez-Arias, Iván Ortega-Deballon, Maxwell J. Smith & Stuart J. Youngner - 2013 - Hastings Center Report 43 (1):27-30.
    The ever‐increasing demand for organs led Spain, France, and other European countries to promote uncontrolled donation after circulatory determination of death (uDCDD). For the same reason, New York City has recently developed its own uDCDD protocol, which differs from European programs in some key ways. The New York protocol incorporates a series of technical and management improvements that address some practical problems identified in response to European uDCDD protocols. However, the more fundamental issue of whether uDCDD donors are dead when (...)
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  • The Ethics of Organ Donor Registration Policies: Nudges and Respect for Autonomy.Douglas MacKay & Alexandra Robinson - 2016 - American Journal of Bioethics 16 (11):3-12.
    Governments must determine the legal procedures by which their residents are registered, or can register, as organ donors. Provided that governments recognize that people have a right to determine what happens to their organs after they die, there are four feasible options to choose from: opt-in, opt-out, mandated active choice, and voluntary active choice. We investigate the ethics of these policies' use of nudges to affect organ donor registration rates. We argue that the use of nudges in this context is (...)
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  • Three proposals to increase Australia’s organ supply.William Isdale & Julian Savulescu - 2015 - Monash Bioethics Review 33 (2):91-101.
    In 2008 the Australian Government introduced a national reform agenda to increase organ and tissue donation. Australia continues to perform poorly by international standards on measures of organ procurement, however. This paper outlines three proposals to improve donation rates and considers the empirical evidence available for each. A number of ethical objections frequently given to resist such proposals are also addressed. Firstly, it is recommended that Australia implement an ‘opt-out’ system of organ donation. Secondly, the existing veto rules should be (...)
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  • From Altruistic Donation to Conditional Societal Organ Appropriation After Death.Caroline Guibet Lafaye & Henri Kreis - 2013 - Ethical Theory and Moral Practice 16 (2):355-368.
    Since we have learned that human organs can be used to treat severe health problems, only donation has been considered for organ procurement. Among the other possibilities that can be used after a person’s death, purchase or systematic removal have been a priori rejected. However, we will show that the appeal to individual altruism have resulted in some of the aporias of the present situation. Subsequently, we will consider how systematic organ removal from deceased persons can be made acceptable in (...)
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  • Presumed consent, autonomy, and organ donation.Michael B. Gill - 2004 - Journal of Medicine and Philosophy 29 (1):37 – 59.
    I argue that a policy of presumed consent for cadaveric organ procurement, which assumes that people do want to donate their organs for transplantation after their death, would be a moral improvement over the current American system, which assumes that people do not want to donate their organs. I address what I take to be the most important objection to presumed consent. The objection is that if we implement presumed consent we will end up removing organs from the bodies of (...)
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  • What does “presumed consent” might presume? Preservation measures and uncontrolled donation after circulatory determination of death.Pablo de Lora - 2014 - Medicine, Health Care and Philosophy 17 (3):403-411.
    One of the most controversial aspects in uncontrolled donation of organs after circulatory death is the initiation of preservation measures before death. I argue that in so-called opting-out systems only under very stringent conditions we might presume consent to the instauration of those measures. Given its current legal framework, I claim that this is not the case of Spain, a well-known country in which consent is presumed—albeit only formally—and where uDCD is currently practiced.
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  • Between Reason and Coercion: Ethically Permissible Influence in Health Care and Health Policy Contexts.J. S. Blumenthal-Barby - 2012 - Kennedy Institute of Ethics Journal 22 (4):345-366.
    In bioethics, the predominant categorization of various types of influence has been a tripartite classification of rational persuasion (meaning influence by reason and argument), coercion (meaning influence by irresistible threats—or on a few accounts, offers), and manipulation (meaning everything in between). The standard ethical analysis in bioethics has been that rational persuasion is always permissible, and coercion is almost always impermissible save a few cases such as imminent threat to self or others. However, many forms of influence fall into the (...)
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