100%(3)3 out of 3 people found this document helpful
This preview shows page 1 - 5 out of 10 pages.
Running head: ORGAN DONATION AND CONSENTOrgan Donation and ConsentCharles J. RubiaGrand Canyon University1
ORGAN DONATION AND CONSENTAbstractThe donation and consent of individuals who are donors is a very important for the legal process of donation. Donation consent is the only way to receive an organ from the donor.It is illegal to take and use any organs without the consent of donor. In the case of GeorgeH Lanier Memorial Hospital v. Andrews there is no clear consent when a transplant of a deceased mans organs was transferred to someone on the donation list. The guidelines of donation keep all donations legal and help the flow of things. There are regulations on what organs can or should be used based on health and ethics. When the rules of donationare not followed, troubles begin. 2
ORGAN DONATION AND CONSENTOrgan Donation and Consent“In 2012, more than 116,000 patients were on the United States transplant waitinglist but only about 28,000 transplants were performed” (Razdan, 2015) Since there are such a large number of organ transplants taking place, it is important to keep a check whether these transplants were carried out in an ethical and legal way. In the case of George H Lanier Memorial Hospital v. Andrews the nurse failed to obtain permission for organ donation from the parents of the deceased. In this case Ivey, a nurse, transplanted the corneas of Andrews’ son, the deceased, without taking their consent. Later, the Andrews sued the hospital for their negligent act. The courts held that the hospital was indeed negligent in not taking into account the consent of the parents of the deceased when carrying out the organ transplant. The court awarded the parents with $200,000 payable by the hospital. This establishes that it is crucial that certain rules and regulationsare followed when carrying out organ donation. A legal organ donation takes place when there is consent from the donor or the kin of the donor; the rules of organ donation are followed, the condition of the donor and recipient, and it was ethically right to carry out the organ donation. ConsentConsent is the foremost criterion in determining whether or not the organ donation was legal because without consent, organ donation is like stealing something from one person and giving it another. As humans we have the rights to our own bodies and how we treat them. According to Eva Kwan, (2005) “health-care providers may be even more hesitant to pursue the option of organ donation in the absence of express 3
ORGAN DONATION AND CONSENTconsent from the deceased” (p.621). People may assume that an individual would have donated his organs, because he was an activist who motivated other individuals to donate blood and organs to help those in need. Even in cases such as these it should be