期刊
MEDICAL LAW REVIEW
卷 30, 期 2, 页码 268-298出版社
OXFORD UNIV PRESS
DOI: 10.1093/medlaw/fwac001
关键词
Deemed consent; Opt-out organ donation; Organ donation policy; Policy exclusions and exemptions; Presumed consent; Transplantation ethics
资金
- Leverhulme Trust [ECF-2018-113]
- Wellcome Trust [097897/Z/11/Z]
- Wellcome Trust [097897/Z/11/Z] Funding Source: Wellcome Trust
This article examines the application of opt-out systems in organ donation, using the case of the UK to discuss whether these systems should restrict the types of organs and tissues for which consent is deemed.
It is often claimed that a legitimate approach to organ donation is an opt-out system, also known as 'presumed consent', 'deemed consent', or 'deemed authorisation', whereby individuals are presumed or deemed willing to donate at least some of their organs and tissues after death unless they have explicitly refused permission. While sharing a default in favour of donation, such systems differ in several key respects, such as the role and importance assigned to the family members of prospective donors and their preferences, and exclusions and safeguards which often specify the demographic groups, purposes, or organs and tissues that will remain outside the scope of the opt-out system. Using the recent shift to opt-out in England, Scotland, and Northern Ireland as case studies, and by reference to the key goals motivating this shift across the UK, this article asks whether and, if so, why, and how, opt-out systems for post-mortem organ donation should restrict the types of organs and tissues for which consent is deemed. In other words, ought opt-out systems for PMOD presume dissent regarding the donation of certain organs and tissues?
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