Compelled organ donation.
نویسندگان
چکیده
Along with ethical considerations, compelling an individual to donate organs, tissues, or bodily fluids brings several legal doctrines into conflict. The privacy of one's body is generally considered sacrosanct by American courts, which have upheld a competent adult's right to refuse medical procedures, even in cases when they are necessary to save the life of another. Although medical and legal communities stress "respect for the individual" as being paramount under American jurisprudential principles, the doctrine of "substituted judgment" permits a court to act (for example, by consenting to organ donation) on behalf of an incompetent individual or child. Parents also have the right to cause a child to "donate" an organ, and although a means exists by which the child can refuse, this may not be realistically feasible for young children. The revised Uniform Anatomical Gift Act of 2006, while clarifying issues of who may make organ donation decisions, does not resolve all the practical issues of compelled organ donation for minors.
منابع مشابه
پیوند اعضا در آیینه فقه و حقوق: چالشها و ضرورتها
Organ donation is one of the most remarkable and dramatic therapeutic advances in medicine during the past 60 years. Expansion of Organ donation has been compelled many countries to legislate about this subject. In our country, Iran, because our acts are based on Islamic jurisprudence it is necessary to study about organ donation in view of jurisprudence. For example the 32th verses of Maedeh S...
متن کاملThe Science and Social Necessity of Deceased Organ Donation
Successful deceased organ donation requires a reproducible - consistent (scientific) system that evaluates the potential for organ donation and determines objectively whether the national system is achieving its goals. The science of organ donation also pertains to the determination of death. We are a common humanity that dies similarly - a humanity whose ultimate criterion of life resides in t...
متن کاملAnalysis of Solutions for Developing Resources of Organ Donation; A Donation Card Approach
Nowadays, organ transplant is an inevitable necessity for patients in need who other medical treatments don’t work for them. Nevertheless, it has become one of the major challenges of societies to find transplantable organs in order to bring patients in need back to society and their families. The statistics points out that in the year 2017, despite the issuance of the four million organ donati...
متن کاملFactors influencing decisions on organ donation in brain death patients
Organ donation is an integral part of the health care system. Many patients who have had an accident or have undergone a progressive disease are in need of an organ transplant and if they do not receive the required organ they would die. It is important to know that the most important source of organ donation is the brain death patients. It is highly essential to determine the pivotal factors t...
متن کاملبررسی مرگ مغزی و پیوند اعضا در ایران
Introduction: Brain death and organ donation are important issues. Problems involving logistics, ethical issues, personal resistance, and legal difficulties will probably always limit the number of available donors.The aim of this article to review brain death and organ donation and various factors related to success of this in IRAN. Method: A systemic review was performed. We searched the p...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
- Gender medicine
دوره 6 4 شماره
صفحات -
تاریخ انتشار 2009